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Whether Hakainde Hichilema attends Mnangagwa's inauguration is entirely up to him, no big deal

03 Sep 2023 at 13:48hrs | Views
IT WILL NOT BE THE START OR THE END OF THE WORLD IF ZAMBIA'S PRESIDENT HAIKAINDE HICHILEMA DOES NOT ATTEND TOMORROW'S INAUGURATION

Whether President Hakainde Hichilema attends the inauguration tomorrow is entirely up to him, no big deal. The proposition that the inauguration will have no legitimacy if he does not attend is wholly absurd and preposetrous.

The Zambian President is only that, the President of the Republic of Zambia. He is not the President of Sadc, not even the President of Sadc's Organ Troika on Politics, Defence and Security, but only the current Chairperson of the Organ.

 It's now an open public secret that, as  the Chairperson of the Organ, President Hichilema appointed Dr Nevers Mumba in bad faith to head the Sadc Election Observation Mission [SEOM] which made an outrageous Preliminary Statement on Zimbabwe's 2023 harmonised general election which is full of untested hearsay, has an inconclusive conclusion, which is not supported by the statement's hearsay narrative, and makes recommendations that are not in any way related to its scurillous conclusion.

As a matter of fact, SEOM's Preliminary Statement did not make any findings, it also did not report any direct observations except about what it observed on election or polling day.

Instead, SEOM reported that its observers heard, not observed, but heard a lot of things about the delimitation exercise, lack of freedom of assembly, freedom of expression, nomination of candidates, participation of women, independence of the judiciary, alleged voter intimidation, lack of access to state media, and observations on polling day about late opening of some polling stations and the absence or shortage of voting materials.

Then from the allegations it heard, and without giving the institutions that were implicated from what it heard the natural right to be heard or to reply, SEOM came up with this predetermined conclusion:

The Mission observed that the pre-election and voting phases, on 23-24 August 2023 Harmonised Elections were peaceful, and calm. However, for reasons outlined above, the Mission noted that some aspects of the Harmonised Elections, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections (2021).

Notably, in its conclusion quoted above,  which is in its Preliminary Statement, SEOM did not say that the election was not a reflection of the will of the people of Zimbabwe. It could not dare say that.  In the same vain, SEOM did not say that the election was not credible nor that the election was neither free nor fair.

These things that SEOM did not say, have been said for SEOM by the usual merchants of regime change and their mouthpieces.

Also, and quite importantly, SEOM said SOME ASPECTS FELL SHORT, fell short of the requirements of the Constitution of Zimbabwe, the Electoral Act, and the SADC Principles and Guidelines Governing Democratic Elections (2021); it did not say ALL ASPECTS, just and only some aspects.

In its conclusion, SEOM did not specify which aspects, exactly, it was referring to.

It's therefore banana republic politics to spend time wondering how outsiders like President Hichilema will respond to SEOM's Preliminary Statement or to invitations to the inauguration. It's up to them.

Elections, are a national and not an international responsibility. Many countries do not even hold elections at all, but they are members of the UN in good standing.

The ludicrous idea that the inauguration will lack legitimacy if President Hichilema does not attend is absurd, because legitimacy of the elections or governance in Zimbabwe does not come from Hichilema, a foreigner with no standing in Zimbabwe's constitutional order.

 Legitimacy is derived from the people of Zimbabwe, and that is the position in the Constitution of Zimbabwe in sections 3(2) regarding the principles of good governance, which bind the State and all institutions and agencies of government at every level; 88(1) regarding executive authority; 117(1) regarding legislative authority and 162, regarding judicial authority.

Last but not least, SEOM's Preliminary Statement is not for President Hichilema, not for Organ Troika which he chairs and not for Sadc, but for the Republic of Zimbabwe whose government will receive and review SEOM's recommendations on take them or leave them basis.

In any case, it should emphasised that SEOM has only produced a preliminary, not a final, statement.

Any preliminary statement is by definition a draft, and is therefore subject to correction for its errors of commission and omission, if its recommendations are to be taken seriously.

If anyone associated with SEOM continues to act belligerent and hostile to the Republic of Zimbabwe over SEOM's Preliminary Statement, the belligerence and hostility will trigger and increase the real risk and possibility that no responsible government of Zimbabwe will put that statement anywhere else except flush it down the toilet.

Meanwhile, it's up to President Hichilema to attend or not to attend the inauguration tomorrow. It's his choice. One thing for sure is this: if he does not attend, he will prove that he's sulking because he wanted to use SEOM's Preliminary Statement for nefarious purposes in pursuit of a sinister agenda, but was caught red handed.  If he's a statesman, the right thing for him to do is to attend the inauguration!

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