SADC decision shameful
It is indeed sad that the SADC extra-ordinary summit on the 20th of May
decided to dissolve the SADC Tribunal. SADC leaders have exposed their true
nature. They claim to uphold certain principles as seen by their signatures
to the commendable SADC Treaty. All this it seems is to hoodwink the world
that they are a reputable regional organisation. They then show their
desire not to implement the things specified in the Treaty by refusing to
have a Tribunal with power to monitor their actions.
This is akin to a reckless driver who claims to uphold the speed limits
which authorities impose on national roads, but refuses to be fined by a
court of law when caught over-speeding. The driver goes on to demand the
enactment of a court that does not interfere with his sovereign rights. So
sacred is the driver’s sovereign right to over-speed that no court should
fine him even though over-speeding puts lives in danger.
If the truth be told, Zimbabwean parliamentarians should have made the
President cease to perform his duties in 2000 for violating the
constitution. They swore before God to protect the laws of Zimbabwe
including the very constitution. The constitution clearly states in Section
29 (3) that the President shall cease to perform his duties if a report by
Parliament finds him guilty of wilfully violating the constitution. The
same constitution also specifies in Section 16 that no property can be
acquired if full compensation is not paid and that those affected should
have full access to court to determine compensation in the very rare case
when acquisition of property becomes imperative. This has since been
amended in 2005 to accommodate the invasion and it is this amendment 17 that
was found by the Tribunal to be at odds with the SADC Treaty that the
President agreed to in 1992.
Land invasions happened and properties were taken without compensation
clearly violating the constitution as it stood in 2000. By supporting the
invasion, the President wilfully violated the constitution but because the
Parliamentarians were not independent of manipulation by the very executive,
they did not do what the constitution required them to do and what they
swore before God to do. It is indeed shameful that all this happened under
the nose of our SADC leaders who claim to uphold human rights and the rule
of law.
When at last the farmers found solace in the SADC Treaty and the Tribunal
that interprets it, all hell broke loose. Finally Zimbabwe Minister of
(In)Justice Patrick Chinamasa managed to convince SASDC leaders to dissolve
the Tribunal and create a new animal that does not infringe on their
sovereign rights. Sovereign rights to violate the constitution? Sovereign
rights to disregard human rights and the rule of law?
All this shows that there was nothing extra-ordinary about the summit on the
20th of May. This summit produced a shameful outcome that may haunt all
those involved until they correct it.
To all of us Zimbabweans, we have seen that we should not put all our eggs
in the SADC basket. Change must start within us and the majority of the
people must embrace the right principles including separation of powers, the
rule of law and human rights. All this must inspire us to realise it is
only us who can bring regime change. That regime change is the only way out
of this mess is beyond doubt. With the current government showing that they
are unrepentant, there is nothing wrong in demanding a new government that
upholds human rights and the rule of law. I encourage all of us to stand
firm and use every resource we can to build that future we desire.
The struggle continues
Killian Mazibuko