ZAPU Properties: Mutasa clushing at straws

During the liberation struggle and immediately after the attainment of the so called independence, ZAPU secured a great deal of properties, meant to benefit its members. ZAPU bought farms, motels and buildings, but above all it had a wealth of documents, intellectual property on the struggle, which ZANU and zanla as so not organised and oiled organisations never had.

These properties have benefited Zanu PF at the expense of ZAPU as Zanu confiscated under the guise of security which we now all know that the security scares were conceived in the minds Zanu PF leaders. Over the years negligible voices from Zapu and former Zapu cadres have been heard, but Zanu has continuously treated these requests disdainfully. It is expected that Zanu PF's stance will continue in this vein until stopped at its heels.

The crescendo or apex of the demands of return of ZAPU properties has culminated on Mr Mutasa arrogantly telling Zapu that the properties now belong to Zanu. His argument is based on two simple and misplaced factors, first, he is of the view that Zapu signed the unity accord to merge with Zanu PF and therefore the properties also merged on that basis. I will explain why this view does not hold water. Secondly, Mr Mutasa based his argument on the presence of former Zapu cadres in Zanu PF, for example Simon Khaya Moyo, and thought that this justifies Zanu holding onto Zapu properties at all costs as if they legally belonged to Zanu. I will also explain why this view is just like a sieve.

Unity Accord:
For those who have seen the Unity Accord agreement document will testify that it was not an agreement at all, but it was a document signed under duress meant to push the interests of Zanu PF and humiliation of Dr Joshua Nkomo and the entire leadership of Zapu. There is absolutely nothing in that document which shows any contribution or consideration of Zapu views and positions. What really makes this document a mockery of justice is that it was signed under duress and in a context and attempt by Zapu to stop the genocide which was being perpetrated by Zanu PF.

When did prisoners start to form or enter into effective contracts? This is the legal position or principle which is very clear which makes this unity accord null and void. The most compelling factor is political; when the Unity accord was signed people were not properly consulted as Zapu leaders did not have the pleasure to do so as Zanu was dictating terms to them. The Special Congress was just a mere formality to rubber stamp the Zanu PF Conquest document. The unity accord agreement lacked political mandate which can only be derived from the supporters. Any discerning person would tell you that this unity accord was faulty from the very onset and has never had any legal effect. So Mr Mutasa can make fire with paper it was written on.

Simon Khaya Moyo
The presence of former Zapu cadres in Zanu PF is another factor which Mr Mutasa felt that it legitimised their ‘ownership' of Zapu properties. Zapu is a juristic person; its legal existence is different and independent of its members. Members can come and go, but Zapu will remain unless and until it is legally dissolved following its constitution. Zapu properties do not belong to individual members as Mr Mutasa is presupposing. Zapu properties belong to Zapu. Any suggestion to the contrary is a lame excuse which does not hold any water. Zapu has now effectively pulled out of Zanu and it wants its properties back and it should get them back.

Politics at play
Zanu PF is like a play-ground bully, who attacks small and weaker boys and take away their stuff. If the weaker boys come begging, the bully feels big and good about this evil act. The bully does not feel pity for weak individuals, instead it revels and enjoys in the misery of the weak. Zanu PF knows that the country's legal system is compliant and that it will to many extents follow the political view of Zanu PF, so they would be happy to go to the courts to fight it out with Zapu with a certain outcome for them, but an uncertain outcome for Zapu. Zapu as a newly re-constituted body does not have money, so it will spend a lot of its hard earned resources on the court case instead of pursuing its political work and programmes. Zapu will spend a lot of time chasing the property like a tired man in a desert chasing mirage. Zanu hopes that this will finish the resurgent Zapu as its attention will be diverted and all its energies will be focused on attaining the un-attainable properties.

These properties belong to Zapu and Zapu should have them back, by what ever means necessary.

I have heard a lot of arguments as to how Zapu can have its properties back, many favour the legal route, me and the few favour the more radical and more realistic route which is the political route.