Opinion / Columnist
Chamisa, Khupe Succession War: Chamisa bends the law for politics, a common ZANU PF trait
27 Feb 2018 at 14:25hrs | Views
The leader of Zimbabwes oldest opposition political party MDC Morgan Tsvangirai passed away on the 14th of February 2018. His death revealed the deviltry by the men who fought beside him as power proved to be of essence than respect for the peoples president as he has been labelled. Whilst the MDCT claims to find itself in a constitutional dilemma, l find the situation in the MDC very clear and simple. l have seen a number of articles of late trying to justify the sheer student politics antics that transpired at Harvest House (MDCs Headquarters) on the 15th of February 2018 as constitutional that is in terms of the MDCs constitution. But the weakness of them all has been lack of full appreciation of the whole MDC constitution, the authors selectively looked for clauses that suited their line of arguments. In this article l will give a full appreciation of the MDCs constitution to see if Chamisa staged a coup and will his presidents legally holds water now that Morgan Tsvangirai has been buried since his rivals promised to return the house in order after burial. With Mudzuri who seem to have considered whilst Khupe has declared herself the legitimate acting president. The truth is there is nothing constitutional about Chamisas hungry grabbing of power, this is one of those common scenarios were law plays second fiddle to politics. Its called tyranny of the majority by Alexis De Tocqueville were the majority prejudice the minority not because the majority is right but just because they are many.
In my article entitled opposition politics nursing a dead baby, l alluded to the need for the opposition political parties to hand over the stick also to the young generation. However it must be noted that within the MDC there is dire need to do this generational transition in the right way as we are close to elections failure to do that the party will crumble and break again. It is no secret that the MDC has had a traceable culture of functional breakouts towards elections coupled with violence. The weakness being they believe that the ruling party is always the architecture of the breakouts most probably true but they fail to identify the agents of ZANU PF who fuel this factions. The same history seems to be at play right now. Nelson Chamisa seems to be very confident that the MDC constitution accommodates three vice presidents but the last constitutional amendment of the very party's constitution was done at the Third Congress at Barbourfields Stadium, Bulawayo on April 30 2011. If he Chamisa has any new amendment he should make it public and well explain how that came to play. The three vice presidents by Tsvangirai was supposed to be approved by congress 2019.
1. According to article _9.1.4 The President shall, with the exception of the Deputy President and Deputy Chairperson, appoint deputies to officers of Congress from a pool of National Executive members elected from provinces and other office bears where such is provided in this Constitution._ This clearly puts it to light that Tsvangirai had no constitutional power to appoint Mudzuri and Chamisa as VPs. So before l go any further the two Mudzuri and Chamisa are VP who serve at the pleasure of the president who is now late and are not VPs of the party. Which means MDC has one Vice president Thokozani Khupe elected by congress in 2014. On a telephone interview on Studio 7 on the 20th Of February Nelson Chamisa said that there is nowhere in the MDC constitution where it talks of an elected VP he was right there but he must note that the very constitution is clear that no VP should be appointed which makes his appointment by Tsvangirai invalid and unconstitutional.
2. Chamisa claims that the partys constitution accommodates 3 VPs and l have read one article which cited article 6.4.4.1 as reference to that effect, point of correction the citation actually reads There shall be a National Executive Committee of the National Council.... This clause has nothing to do with three VPs and there is not even anywhere in the MDC constitution where it is written. Article 6.4.4.3 reads that *_The National Executive Committee shall be composed of the following office bearers and Secretaries;
(a) President and Deputy President_ it acknowledges the president and deputy president not deputy presidents which means the use of singular refers to one vice president not three. The highest and most powerful organ of the MDC is the congress not Morgan Tsvangirai or Nelson Chamisa or the National Council. According to article 6.2.3 the functions and Powers of Congress shall be:*
(c) Subject to this Constitution, to elect members of the National Council.
and
(e) To repeal or amend the Constitution; and
(f) To review, ratify, modify, alter or rescind any decision taken by any organ or official of the Party.
The following are the conclusions from these citations
i) The National Council is given life by the Congress
ii) Only the congress can repeal and amend the constitution.
iii) Only the congress had power to make lawful the three VP by MT without which they remain unconstitutional and the two appointed VPs die with MT.
This follows that after the death of MT the party supposed to simply invoke article 9.20.1 which reads that In the event of the death or resignation of the President, the Deputy President assumes the role of Acting President, pending the holding of an Extra-Ordinary Congress that shall be held to elect a new President which Extra-Ordinary Congress to be held no later than a year from the death or resignation of the former President. The clauses above illuminates that; In the event of the death of the President the vice president becomes the acting president not that the VP is appointed by the National council. According to article 9.21.3 the national council can only elect a member of the national council in the event of death or resignation not anyone of the National executive which renders article 16 as invalid which many have been using as a justification to the move by the national council to select Nelson Chamisa.
3. Unfortunately here is the discrepancy within the MDC constitution article 18.1 reads in any place where the requirements of this Constitution cannot be satisfied because of an omission or oversight in draughtsmanship, or because a body provided for has not been established, or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem; the National Council shall have the power to make such arrangements which, in their opinion satisfy the spirit of this Constitution and shall seek approval for such arrangements at next Congress. The NC has subsidiary power to make legally standing decisions up until the next congress. It is this clause that many including Chamisa are hiding behind. But what is key is that the decision should satisfy the spirit of the MDC constitution which is defined in the ARTICLE 3 on AIMS, VALUES AND OBJECTIVES and ARTICLE 4 which is on THE CHARACTER AND CULTURE OF THE MDC. If you will go through these values you will realize that the NC did not uphold its duty as prescribed in the constitution but they uphold politics rather than the law. Chamisas self-anointment had no respect for MT or the constitution. He claims he did that soon after the death of MT because there was leadership vacuum another lie because soon after appointing him the same NC went on to suspend all party business then what was the rush to have any acting president. Chamisa knew he was at the verge of losing power whilst others where mourning he was busy thinking about power. Luke Tamborinyoka and Welshman Ncube might what to make us believe that MT anointed Chamisa but the truth is MDC successor was not supposed to be anointed but selected by the constitution as well as the congress. Even if angel Gabriel was to anoint Chamisa it will not make Chamisa's ascendants legal according to the MDC constitution lest you amend it the constitutional way. So all those endorsements are a waste of time when it comes to legality. If MT was the father of democracy as you claimed then he understands that constitutionalism is a key tenant of democracy and he doesn't have supreme power so let the dead lie than to taint them black.
In conclusion it is sad that the MDC we know has slowly died and according to article 3.3 (h.) which talks of eradication of gender and tribal discrimination believe it or not dirty politics is at play right now. Chamisa and his fanatics will have you believe otherwise but Khupe lost to politics not law. The funny thing is if it was the ruling party which had made such a decision the MDC would have labeled them devils yet they cant accept the same fate. Both Chamisa and Mnangagwa are younger to their predecessor and they both took power unconstitutionally this coming election is a battle of rebels. Both will employ their culprit skills but always the older in deviltry will win. Zimbabweans should shun expecting a free and fair election from rebels. Our once biggest opposition force is now another opposition party violence and disregard for constitutionalism a perfect march to ZANU PF. Khupe has a legal moral obligation to fight for what is right whilst Mudzuri and Mwonzora seems to have considered to politics. It might be a lost battle but when things go sour always know Khupe holds the right to say l told you so, so fight for democracy in its full appreciation. Chamisa loud social media youthful fanatics does not constitute the greatest population of voters. The highest number of voters are not in Harare something they might forget. If they are to bow graceful they need to start to make and arrangement. As we watch the drama unfold the greatest fear should that key partners in the MDC alliance will not try to capture the MDC through the Alliance.
Writing in his own personal Capacity
Fanuel Kaseke is the, Vanguard Movement UZ Secretary General| Spokesperson|Political Analyst|Human Rights Activist|Author|Poet|Orator|Motivational Speaker. He can be contacted for feedback on fanuel.kaseke4@gmail.com whatsapp +263774 815 970, or twitter @fanuelkaseke for more articles visit my blog fanuelkaseke.blogspot.com or my facebook page https://www.facebook.com/fanuelkaseke_*
In my article entitled opposition politics nursing a dead baby, l alluded to the need for the opposition political parties to hand over the stick also to the young generation. However it must be noted that within the MDC there is dire need to do this generational transition in the right way as we are close to elections failure to do that the party will crumble and break again. It is no secret that the MDC has had a traceable culture of functional breakouts towards elections coupled with violence. The weakness being they believe that the ruling party is always the architecture of the breakouts most probably true but they fail to identify the agents of ZANU PF who fuel this factions. The same history seems to be at play right now. Nelson Chamisa seems to be very confident that the MDC constitution accommodates three vice presidents but the last constitutional amendment of the very party's constitution was done at the Third Congress at Barbourfields Stadium, Bulawayo on April 30 2011. If he Chamisa has any new amendment he should make it public and well explain how that came to play. The three vice presidents by Tsvangirai was supposed to be approved by congress 2019.
1. According to article _9.1.4 The President shall, with the exception of the Deputy President and Deputy Chairperson, appoint deputies to officers of Congress from a pool of National Executive members elected from provinces and other office bears where such is provided in this Constitution._ This clearly puts it to light that Tsvangirai had no constitutional power to appoint Mudzuri and Chamisa as VPs. So before l go any further the two Mudzuri and Chamisa are VP who serve at the pleasure of the president who is now late and are not VPs of the party. Which means MDC has one Vice president Thokozani Khupe elected by congress in 2014. On a telephone interview on Studio 7 on the 20th Of February Nelson Chamisa said that there is nowhere in the MDC constitution where it talks of an elected VP he was right there but he must note that the very constitution is clear that no VP should be appointed which makes his appointment by Tsvangirai invalid and unconstitutional.
2. Chamisa claims that the partys constitution accommodates 3 VPs and l have read one article which cited article 6.4.4.1 as reference to that effect, point of correction the citation actually reads There shall be a National Executive Committee of the National Council.... This clause has nothing to do with three VPs and there is not even anywhere in the MDC constitution where it is written. Article 6.4.4.3 reads that *_The National Executive Committee shall be composed of the following office bearers and Secretaries;
(a) President and Deputy President_ it acknowledges the president and deputy president not deputy presidents which means the use of singular refers to one vice president not three. The highest and most powerful organ of the MDC is the congress not Morgan Tsvangirai or Nelson Chamisa or the National Council. According to article 6.2.3 the functions and Powers of Congress shall be:*
(c) Subject to this Constitution, to elect members of the National Council.
and
(e) To repeal or amend the Constitution; and
The following are the conclusions from these citations
i) The National Council is given life by the Congress
ii) Only the congress can repeal and amend the constitution.
iii) Only the congress had power to make lawful the three VP by MT without which they remain unconstitutional and the two appointed VPs die with MT.
This follows that after the death of MT the party supposed to simply invoke article 9.20.1 which reads that In the event of the death or resignation of the President, the Deputy President assumes the role of Acting President, pending the holding of an Extra-Ordinary Congress that shall be held to elect a new President which Extra-Ordinary Congress to be held no later than a year from the death or resignation of the former President. The clauses above illuminates that; In the event of the death of the President the vice president becomes the acting president not that the VP is appointed by the National council. According to article 9.21.3 the national council can only elect a member of the national council in the event of death or resignation not anyone of the National executive which renders article 16 as invalid which many have been using as a justification to the move by the national council to select Nelson Chamisa.
3. Unfortunately here is the discrepancy within the MDC constitution article 18.1 reads in any place where the requirements of this Constitution cannot be satisfied because of an omission or oversight in draughtsmanship, or because a body provided for has not been established, or an officer provided for in this Constitution has not been elected or appointed, or because of a procedural problem; the National Council shall have the power to make such arrangements which, in their opinion satisfy the spirit of this Constitution and shall seek approval for such arrangements at next Congress. The NC has subsidiary power to make legally standing decisions up until the next congress. It is this clause that many including Chamisa are hiding behind. But what is key is that the decision should satisfy the spirit of the MDC constitution which is defined in the ARTICLE 3 on AIMS, VALUES AND OBJECTIVES and ARTICLE 4 which is on THE CHARACTER AND CULTURE OF THE MDC. If you will go through these values you will realize that the NC did not uphold its duty as prescribed in the constitution but they uphold politics rather than the law. Chamisas self-anointment had no respect for MT or the constitution. He claims he did that soon after the death of MT because there was leadership vacuum another lie because soon after appointing him the same NC went on to suspend all party business then what was the rush to have any acting president. Chamisa knew he was at the verge of losing power whilst others where mourning he was busy thinking about power. Luke Tamborinyoka and Welshman Ncube might what to make us believe that MT anointed Chamisa but the truth is MDC successor was not supposed to be anointed but selected by the constitution as well as the congress. Even if angel Gabriel was to anoint Chamisa it will not make Chamisa's ascendants legal according to the MDC constitution lest you amend it the constitutional way. So all those endorsements are a waste of time when it comes to legality. If MT was the father of democracy as you claimed then he understands that constitutionalism is a key tenant of democracy and he doesn't have supreme power so let the dead lie than to taint them black.
In conclusion it is sad that the MDC we know has slowly died and according to article 3.3 (h.) which talks of eradication of gender and tribal discrimination believe it or not dirty politics is at play right now. Chamisa and his fanatics will have you believe otherwise but Khupe lost to politics not law. The funny thing is if it was the ruling party which had made such a decision the MDC would have labeled them devils yet they cant accept the same fate. Both Chamisa and Mnangagwa are younger to their predecessor and they both took power unconstitutionally this coming election is a battle of rebels. Both will employ their culprit skills but always the older in deviltry will win. Zimbabweans should shun expecting a free and fair election from rebels. Our once biggest opposition force is now another opposition party violence and disregard for constitutionalism a perfect march to ZANU PF. Khupe has a legal moral obligation to fight for what is right whilst Mudzuri and Mwonzora seems to have considered to politics. It might be a lost battle but when things go sour always know Khupe holds the right to say l told you so, so fight for democracy in its full appreciation. Chamisa loud social media youthful fanatics does not constitute the greatest population of voters. The highest number of voters are not in Harare something they might forget. If they are to bow graceful they need to start to make and arrangement. As we watch the drama unfold the greatest fear should that key partners in the MDC alliance will not try to capture the MDC through the Alliance.
Writing in his own personal Capacity
Fanuel Kaseke is the, Vanguard Movement UZ Secretary General| Spokesperson|Political Analyst|Human Rights Activist|Author|Poet|Orator|Motivational Speaker. He can be contacted for feedback on fanuel.kaseke4@gmail.com whatsapp +263774 815 970, or twitter @fanuelkaseke for more articles visit my blog fanuelkaseke.blogspot.com or my facebook page https://www.facebook.com/fanuelkaseke_*
Source - Fanuel Kaseke
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