Iz qula enzo u I G ze o n ir z it o a G M u q a j u n l i a h C C h o i r n i t j i a a M M a a i j t i n r i o h C The Real Change Times Movement for Democratic Change A Party of Excellence! The Official Mouthpiece of the MDC Tuesday 27 September MDC Information & Publicity Department, Harvest House, 44 Nelson Mandela Ave, Harare, Zimbabwe Issue 087 2011 No more dud elections Zambians sent a clear message to SADC that politics of machetes, knobkerries and guns have no place in modern Africa - MDC Three years after the signing of the urgency before any credible poll could systems that protect the safety of the Global Political Agreement (GPA), an SADC and the African Union (AU) be a reality. And, to this end, all parties people. The report was published in international lawyers group says it is should support the reform process must cooperate fully with the efforts Johannesburg at a time when South clear a solution to Zimbabwe’s crisis through technical and financial aid, be of the Southern African Development Africa radically shifted its stance on remains elusive, mainly because of allowed to second monitors and peace Community (SADC) in its attempts to the Zimbabwean crisis, ditching former Zanu PF intransigence and political advisers to the transitional government. finalise a road map to a new Zimbabwe. president Thabo Mbeki’s so-called insincerity. policy of quiet diplomacy. “SADC should further review the The United Nations (UN) and the The influential International Bar existing legislative agenda to identify European Union (EU) should remain At a public meeting organised by Association’s Human Rights Institute GPA reform priorities that have not been actively diplomatically engaged in the Sapes Trust Dialogue, South (IBAHRI) says the environment is addressed, with a focus on enabling supporting and assisting the efforts Africa ambassador to Zimbabwe Vusi gravely polarised and characterised by a conditions for credible elections,” the of SADC and the AU to facilitate Mavimbela said President Jacob Zuma resurgence of Zanu PF violence, arrests, report says. processes and institutions supporting was clear about what needs to be done intimidation and hate speech, which the development of democratic and to deal decisively with the Zimbabwe contradicts the letter and spirit of the Despite the formation of the Inclusive accountable governance in Zimbabwe. situation. agreement – designed to see Zimbabwe Government, it is clear that hard-line an orderly transition to a democracy. elements within the Zanu PF, recently The report urges Zimbabwe’s “He has been busy, on diplomatic fingered by the late Solomon Mujuru vibrant civil society organisations meetings ahead of the United Nations The lawyers’ mission to Zimbabwe, as bent on derailing progress to peace to intensify their effort “to provide Summit, but after that he will undertaken at the beginning of the and security, do not wish to see order, coherent, systematic and accurate concentrate on the Zimbabwe issue,” second half of 2011, proposed a raft common sense and human security in reports and analysis of violence, said Mavimbela. “In his report to the of measures to arrest the deteriorating Zimbabwe. including by improving verification Sadc summit Zuma pledged to arrange situation and to respond to the already methods, identifying priority concerns, an interface programme with the poisoned political climate. The Justice Unity Dow These elements are abusing their control developing clear and effective channels political principals and how best we can mission was led by former High Court be adopted to ensure that Zimbabwe over of the state apparatus in a blatantly of communication and, ultimately, expedite the full implementation of the Judge, Unity Dow of Botswana; and complies with the dictates of the GPA partisan way to create conditions that by bringing findings to the attention GPA and help create conditions for a included South Africa’s Independent otherwise a return to normalcy shall are not conducive to a free and fair of local, regional and international smooth election in Zimbabwe.” Electoral Commission head advocate take a long time to be realised. election, the IBAHRI says in its latest policymakers, institutions and media”. Pansy Tlakula; Chicago-based human report published last week. In the meantime, President Tsvangirai rights and international law professor, “This should include human rights Key institutions like the judiciary, has dismissed, as impractical, calls by Bartram Brown; and University of Cape and rule of law reforms and reforming After its delegation visited Harare, the Zimbabwe Electoral Commission Robert Mugabe that Zimbabwe would Town constitutional and human rights the criminal justice system. A new Mutare and Bulawayo to assess the (ZEC), the Zimbabwe Human Rights have an election by March 2012. At the law professor, Christina Murray. Constitution should protect the rule state of the rule of law, the association Commission (ZHRC) need to be very latest, an election is only possible of law with, among other things, concluded that all aspects of the GPA strengthened to train the police on human much later in the year provided essential The group met local lawyers and provisions that secure the independence must be implemented as a matter of rights and on essential administrative reforms are put in place. civil society organisations for a of the judiciary. comprehensive assessment of the local scene. “The rate of arrests also “Consideration should also be given appears to have increased dramatically to creating a new top court, perhaps President Tsvangirai with UN Secretary General since some members of Zanu-PFbegan in the form of a constitutional court. President and Zimbabwe’s Prime calling for an early election and an end The Constitution should also guarantee to the inclusive government. Minister Morgan Tsvangirai last the genuine independence of a Friday met the United Nations Judicial Service Commission (JSC), Secretary-General Mr Ban Ki- Zimbabwe Lawyers for Human Rights, which should be responsible for the Moon in New York where the UN which maintains a hotline to assist appointment of all judges using a boss pledged to support the SADC people arrested on politically motivated transparent nominations process against effort for violence-free elections in charges, told the delegation that it agreed criteria based on merit. Zimbabwe. received 300 requests for assistance for the whole of 2010, but this had “A code of conduct for judges and The UN secretary-general expressed jumped to 800 for the first six months dismay at the slow pace of the magistrates should be introduced implementation of the Global of 2011,” says the report, published on providing for full and frank disclosure Wednesday. Political Agreement (GPA) and urged of the assets of the judges of the High the parties to speed up reforms for a Court and the Supreme Court. The JSC free and fair poll. “We hope that the “It should be noted that the current should have the power to discipline next election will be held in a free, wave of arrests fit into a broad pattern judges,” says the report. fair and non-violent manner. The next that gives rise to considerable concern election in Zimbabwe should be held about selective application of the Zimbabwean judges and magistrates differently from the one held three law… It appears that the police and appear to “exert very little control over years ago,” the UN boss said. prosecuting authorities are simply the prosecution process” – an issue arresting and detaining people as a form “We are pleased that you are putting which caused so much concern to the independent Commissions in of harassment and persecution, without mission. any reasonable prospect of successfully place, especially the Human Rights prosecuting them,” says the IBA. Commission and on our part, we will Zanu PF compromised many judicial do everything possible to ensure a officials by exploiting their poverty and free and fair election. We want to The lawyers suggested that SADC’s offering them farms, houses and other prevent tension and violence in the facilitation team must include, as part handouts in a partisan manner. next election.” of the road map to legitimacy, that the powers and role of Joint Monitoring President Tsvangirai thanked the UN Without title deeds, some of the officers position of SADC on the roadmap to a development, provision of energy, Committee (JOMIC) be increased to are seriously under pressure to toe the for its concern over the situation in deal effectively with cases of political Zimbabwe, urging the world body credible poll,” he said. food and clean water. Zanu PF line resulting in a clear conflict to assist by supporting the regional violence, including oversight of of interest. He lamented the slow pace of reforms, “In Zimbabwe, we want to ensure that investigations by national police and effort to ensure all parties adhere to the roadmap. especially media reforms, which he said there is no violence, no loss of lives producing regular public reports to the “An independent Director of Public were a key ingredient for a conducive and no loss of property,” he said. GPA signatories. Party leaders must Prosecutions (DPP) should be created, “We are worried about State environment for free and fair elections. be compelled and obliged to respond sanctioned violence and some of us The President met the UN secretary- removed from the Attorney General’s In his concluding remarks, the UN general at the world body’s publicly to these reports as they shall (AG) office. Independence of the are committed to ensuring that we form a corrective action. have a legitimate and credible poll. secretary-general said his main focus headquarters in New York.