News / National
MDC-T succession battles more political than constitutional
23 Feb 2018 at 11:31hrs | Views
MDC-T deputy secretary-general Tapiwa Mashakada said it was not possible to hold an extraordinary congress between now and July when elections are due. He said according to timelines provided in the constitution, an extraordinary congress, a mandatory notice of two months is provided for all the mini-congresses, from branch to provincial levels.
"I therefore argue that a normal congress can only be constitutionally convened in December 2018 at the very earliest. It is only the national council which can resolve that an extraordinary congress be held," Mashakada said.
He said Chamisa shall stand as the party candidate unless the national council revokes its earlier decision.
Constitutional lawyer Alex Magaisa said succession battles in the MDC-T were more political than constitutional.
"From a strategic point of view, it is a copy of how the coup-plotters conducted themselves last November when (former president Robert) Mugabe was deposed," Magaisa said. "The constitution was sacrificed on the altar of politics and in both cases there was popular support. It is yet another example of the fact that when law and politics clash, often times the law plays second fiddle to politics."
Magaisa pointed out that it was important for all levels to embrace constitutionalism.
"For my part, while I believe popular opinion is critical, my view is that it must be expressed through and in accordance with clear rules that are set in advance. If Zimbabwe is to make progress, constitutionalism must be embraced at all levels - from the political party entity to the nation-state. It is important to do the right thing but it is also important to ensure that it is done in the proper manner," he said. "That Chamisa is a hugely popular choice is not in doubt and it would probably be futile to fight this politically. But it would help Chamisa's cause in the long run to make sure that the political is backed by the legal."
"I therefore argue that a normal congress can only be constitutionally convened in December 2018 at the very earliest. It is only the national council which can resolve that an extraordinary congress be held," Mashakada said.
He said Chamisa shall stand as the party candidate unless the national council revokes its earlier decision.
Constitutional lawyer Alex Magaisa said succession battles in the MDC-T were more political than constitutional.
"From a strategic point of view, it is a copy of how the coup-plotters conducted themselves last November when (former president Robert) Mugabe was deposed," Magaisa said. "The constitution was sacrificed on the altar of politics and in both cases there was popular support. It is yet another example of the fact that when law and politics clash, often times the law plays second fiddle to politics."
Magaisa pointed out that it was important for all levels to embrace constitutionalism.
"For my part, while I believe popular opinion is critical, my view is that it must be expressed through and in accordance with clear rules that are set in advance. If Zimbabwe is to make progress, constitutionalism must be embraced at all levels - from the political party entity to the nation-state. It is important to do the right thing but it is also important to ensure that it is done in the proper manner," he said. "That Chamisa is a hugely popular choice is not in doubt and it would probably be futile to fight this politically. But it would help Chamisa's cause in the long run to make sure that the political is backed by the legal."
Source - the independent
