Opinion / Columnist
When political 'Suspensions' become a weapon to suppress
25 May 2015 at 07:23hrs | Views
I am not formally a member of the MDC but I a university graduate and I sell my wares close to the party headquarters in Angwa Street, central Harare. I have made friends with many party members and they generally take me as one of their own. This particular morning, a junior staffer who works for the party came to my lodgings with a look of anxiety on his face. He normally regards me as mukoma mufundi akanzvera magwaro - he needed my input and views on the ongoing "suspensions" in the party as they have generated a lot of anxiety and instability.
He narrated to me his story but I had no clue where to begin and I requested the party constitution which he readily availed to me. Perusing through the voluminous manual, my interest took me to page 91 where matters of discipline are laid out.
It being an MDC case, none of my business of course despite the fact that I love, adore and vote for Tsvangirai - however skeptical about formalizing my allegiance for the reasons I did not know. The top echelons of power in the aforementioned party has a stunning galaxy of top legal minds in Douglas Mwonzora and Obert Gutu therefore I have no reason to doubt them.
It dawned on me why the young Wechidiki was worried - the suspensions were effected as a result of social media chats though "social media" itself is outlawed in the party. In any case, any information obtained illegally is inadmissible in judicial proceedings therefore the evidence is polluted if not the pollution itself. Going through the party constitution, a product of first class reasoning - I presume - I became interested.
I noted points of interest and henceforth, I could now understand Wechiki's real worry with what was going on in the party widely believed to be the next government of Zimbabwe. I made a few interesting notes from my observations as I tried to interpret the situation at hand.
MDC CONSTITUTION ANNEXURE C - DISCIPLINARY CODE OF CONDUCT AND REGULATIONS
1.3 Disciplinary proceedings and offences shall be confined to violations of the party's Constitution, code of conduct and Regulations or the commission of offences or misconduct as set out in the constitution and this code.
1.4 Disciplinary proceedings shall not be used as means of:
a) Stifling debate or denying members their democratic rights of freedom of speech, expression and association, or
b) Interfering in the private lives of members and for settling personal scores, disagreements and vendettas.
5.2 Preventive Suspension
5.2.1 Where it is considered that it is in the best interests of the Party, the National Standing Committee/National Executive with the ratification of the National Council shall have the power of suspending any ordinary member of any structure with a view of protecting the Party.
7 Disciplinary Time Frames
7.1 Where the Executive of any lower structure has proffered charges against any member, a written charge sheet outlining the offence committed and details of the facts shall be provided to the concerned member no later than 7 days of the date of the meeting where the decision was made.
7.2 The Disciplinary Committee of the lower structure concerned shall hear and determine the disciplinary matter against the member within 30 days of the date of issuance of the charges against the member.
7.3 Where on good reason, a local disciplinary committee is unable to complete the matter in the defined time periods it shall request in writing an extension from the National Chairperson, provided that the National Chairperson shall have the power of granting an extension that does not exceed 14 days.
7.4 Where any member of a lower structure is suspended by the Chairperson of a lower structure as defined in this code, such suspension will lapse if after the member's matter has not been heard in a period of 60 days.
Now knowledgeable and educated on the real scenario at hand, I refused to play judge but here are facts Wechidiki gave me pertaining to the purported "preventive Suspension" cases especially within the context of one Bulawayo member - I could not verify if the other "suspended" members have similar details but if I am to trust my instinct, the pen that signed and the desk used may be the same.
1. The letter "suspending" the Bulawayo member was written on the 22nd of April 2015 refer to 7.1 as read with 7.3 of Annexure C (Disciplinary Time Frames). All "supended members are yet to receive any details of the alleged offences or practically the charge sheets are yet to be manufactured or constructed.
2. The case emanates from some social media group chats of which Whatsapp is outlawed in the MDC so how was this information obtained? Isn't this a case of selective application of the law? Refer to 1.3 read in conjunction with 1.4 of Annexure C of the democratic MDC constitution.
On a good day to play judge, the case is stale and if the MDC is serious about governance, should they be overwhelmed with these trial issues? Is the newly elected administration cagey and yet to demobilize after conquering it all at the just ended Congress? Thank God for I am not a member otherwise it was a suspension or an outright expulsion.
Politics is a voluntary game. The complexities and challenges presented by and associated with the Zimbabwean political environment makes the situation dangerous and at worst a self elected death sentence.
Opposition politicians especially those in the lower structures sacrifice their time, meager resources and energies as they try to contribute meaningfully to the political discourse all in the hope of liberating Zimbabwe from the jaws of dictatorship.
--------------
Mathew Takadini <mathewtaks2008@gmail.com
He narrated to me his story but I had no clue where to begin and I requested the party constitution which he readily availed to me. Perusing through the voluminous manual, my interest took me to page 91 where matters of discipline are laid out.
It being an MDC case, none of my business of course despite the fact that I love, adore and vote for Tsvangirai - however skeptical about formalizing my allegiance for the reasons I did not know. The top echelons of power in the aforementioned party has a stunning galaxy of top legal minds in Douglas Mwonzora and Obert Gutu therefore I have no reason to doubt them.
It dawned on me why the young Wechidiki was worried - the suspensions were effected as a result of social media chats though "social media" itself is outlawed in the party. In any case, any information obtained illegally is inadmissible in judicial proceedings therefore the evidence is polluted if not the pollution itself. Going through the party constitution, a product of first class reasoning - I presume - I became interested.
I noted points of interest and henceforth, I could now understand Wechiki's real worry with what was going on in the party widely believed to be the next government of Zimbabwe. I made a few interesting notes from my observations as I tried to interpret the situation at hand.
MDC CONSTITUTION ANNEXURE C - DISCIPLINARY CODE OF CONDUCT AND REGULATIONS
1.3 Disciplinary proceedings and offences shall be confined to violations of the party's Constitution, code of conduct and Regulations or the commission of offences or misconduct as set out in the constitution and this code.
1.4 Disciplinary proceedings shall not be used as means of:
a) Stifling debate or denying members their democratic rights of freedom of speech, expression and association, or
b) Interfering in the private lives of members and for settling personal scores, disagreements and vendettas.
5.2 Preventive Suspension
5.2.1 Where it is considered that it is in the best interests of the Party, the National Standing Committee/National Executive with the ratification of the National Council shall have the power of suspending any ordinary member of any structure with a view of protecting the Party.
7 Disciplinary Time Frames
7.1 Where the Executive of any lower structure has proffered charges against any member, a written charge sheet outlining the offence committed and details of the facts shall be provided to the concerned member no later than 7 days of the date of the meeting where the decision was made.
7.2 The Disciplinary Committee of the lower structure concerned shall hear and determine the disciplinary matter against the member within 30 days of the date of issuance of the charges against the member.
7.3 Where on good reason, a local disciplinary committee is unable to complete the matter in the defined time periods it shall request in writing an extension from the National Chairperson, provided that the National Chairperson shall have the power of granting an extension that does not exceed 14 days.
7.4 Where any member of a lower structure is suspended by the Chairperson of a lower structure as defined in this code, such suspension will lapse if after the member's matter has not been heard in a period of 60 days.
Now knowledgeable and educated on the real scenario at hand, I refused to play judge but here are facts Wechidiki gave me pertaining to the purported "preventive Suspension" cases especially within the context of one Bulawayo member - I could not verify if the other "suspended" members have similar details but if I am to trust my instinct, the pen that signed and the desk used may be the same.
1. The letter "suspending" the Bulawayo member was written on the 22nd of April 2015 refer to 7.1 as read with 7.3 of Annexure C (Disciplinary Time Frames). All "supended members are yet to receive any details of the alleged offences or practically the charge sheets are yet to be manufactured or constructed.
2. The case emanates from some social media group chats of which Whatsapp is outlawed in the MDC so how was this information obtained? Isn't this a case of selective application of the law? Refer to 1.3 read in conjunction with 1.4 of Annexure C of the democratic MDC constitution.
On a good day to play judge, the case is stale and if the MDC is serious about governance, should they be overwhelmed with these trial issues? Is the newly elected administration cagey and yet to demobilize after conquering it all at the just ended Congress? Thank God for I am not a member otherwise it was a suspension or an outright expulsion.
Politics is a voluntary game. The complexities and challenges presented by and associated with the Zimbabwean political environment makes the situation dangerous and at worst a self elected death sentence.
Opposition politicians especially those in the lower structures sacrifice their time, meager resources and energies as they try to contribute meaningfully to the political discourse all in the hope of liberating Zimbabwe from the jaws of dictatorship.
--------------
Mathew Takadini <mathewtaks2008@gmail.com
Source - Mathew Takadini
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