Mugabe's sincerity questioned
Zanu (PF) negotiator Patrick Chinamasa made wholesale changes to the National Security Council Bill on Monday this week – behind the backs of his fellow negotiators in the new inclusive government.
This is the second time he has done this, the first being in September last year, when the text of what was signed by the three leaders on September 15 was tampered with between the time of agreement and the actual signing ceremony.
This brazen dishonesty does not augur well for the future of the inclusive government.
Six negotiators from Zanu (PF), the mainstream MDC and the breakaway MDC faction met in South Africa last week to review a draft National Security Council Bill that had been drafted by the MDC in line with recommendations made by the SADC extra-ordinary summit of January 29 held in Pretoria.
The team of negotiators, including Chinamasa and Nicholas Goche from Zanu (PF), Tendai Biti, Elton Mangoma from the MDC, Welshman Ncube and Priscilla Mishihairabwi-Mushonga from the MDC Mutambara faction, unanimously agreed to adopt the draft Bill written by the MDC.
But the Bill gazetted by Chinamasa on Monday is significantly different from what they agreed.
Dramatic expansion
The most significant change is the massive expansion of the size of the National Security Council from 11 members to 21 members. The MDC has accused Chinamasa of trying to incorporate ex-officio members into the Council to weight it in favour of Zanu (PF).
The wholesale changes made without the knowledge or approval of the other members, has sparked outrage from the MDC.
"On what basis does he change what we agreed on?" fumed Biti. "He has no right to do that, it's mendacious, it's insanity."
The new structure betrays a grand plan to overrule the MDC in the National Security Council through a superior numerical advantage of Zanu (PF) members in the Council.
Chinamasa told The Zimbabwean on Tuesday that he would talk to the MDC and refused to discuss the matter through the Press.
"I don’t negotiate with the MDC through the media," Chinamasa told The Zimbabwean. "I will speak to them myself."
Ncube and Misihairabwi-Mushonga were not available for comment. But a party spokesman, Edwin Mushoriwa, said "if there is any diversion from what was agreed on, we will not be in a position to pass it into law."
Massively expanded
The MDC draft, which was ratified by all parties last Wednesday, had recommended a National Security Council comprising only the President, the Prime Minister, the two Vice-Presidents, the two Deputy Prime Ministers, the chairperson of the Public Service Commission, the Ministers of Defence and Home Affairs, and three other Ministers nominated by the parties to the agreement.
The Bill that was gazetted by Chinamasa proposes a massively expanded structure that comprises the President as chairperson, the two Vice-Presidents, the Prime Minister, the two Deputy Prime Ministers, the Ministers responsible for Finance, the Defence Forces and the Police Force, one Minister nominated by each of the three parties.
"This is a much larger Council than MDC envisaged and instead of being fairly evenly balanced according to known party affiliation, it is heavily weighted in favour of declared Zanu (PF) supporters," said legal expert Val Ingham-Thorpe.
Biti said there were attempts to incorporate people who should not regularly sit in the National Security Council.
Not a replica of JOC
"From the Chief Secretary to Cabinet downwards, they are ex-officio members but there are clear attempts to incorporate them into the Council," Biti said.
Biti said: "We are not replicating the JOC (Joint Operations Command). JOC was a shadowy junta body. We are not institutionalising juntacracy. It's supposed to be a new start."
While the MDC had in the draft bill vested massive powers in the National Security Council to "be responsible for overseeing the security services and directing their operations," the gazette has watered down the clause and gave the council only the responsibility "for reviewing national policies on defence, law and order, and recommending or directing appropriate action."
The draft bill stated that in the absence of the President, the Prime Minister would call and chair the meetings.
But the bill gazetted on Monday states that in the absence of Mugabe, one of the two Vice Presidents will be acting President, revealing a well-knitted plan to preclude Tsvangirai from chairing the Council.
Frequency changed
Chinamasa has also made changes to the frequency of Council meetings, changing the fortnightly meetings suggested by the MDC to once a month.
The MDC draft stated that decisions of the Council be made with the concurrence of at least five of its members, including the President and the Prime Minister. If any disagreements arise, they should be referred to the Cabinet. This has been rejected. Clause 6 of the MDC draft has been deleted completely from the Bill, which proposes that the generals would be subservient to the Council.
Biti said Clause 6 had not been completely removed but had been incorporated into the "functions" clause.
The legislation says the Council expires at the end of the life of the inclusive government.
Although there was a general expectation that the Bill would be fast tracked through Parliament on Tuesday, it was being delayed because of a constitutional obstacle and the Mugabe's continued feet-dragging in signing the Constitutional Amendment No 19 Bill, passed by Parliament last week, into law.
The Constitutional Amendment No 19 Bill gives legal and constitutional force to the inclusive government. Biti said the National Security Council Bill was likely to be passed in Parliament this week, because all Bills have to be referred to the Parliamentary Legal Committee, which has still not been constituted, for examination and consistency with the Constitution. Tsvangirai will be an ex-officio member of the yet-to-be-established Standing Rules and Orders Committee.
In Mugabe's hands
"Everything is in Mugabe’s hands," Biti said. "He should sign the Constitution Amendment No 19 into law, what he is waiting for?"
He said the signing of the amendment bill will pave way for the establishment of a Parliamentary Standing Rules and Orders Committee, which will then appoint the Parliamentary Legal Committee. Once set up, the PLC can review the National Security Council Bill after its first reading in Parliament.
"There is nothing stopping Parliament from debating the Bill in the meantime," Biti said. "We don’t know when he (Mugabe) will sign the Constitutional Amendment."