Zimbabwe is a Constitutional Democracy

The pessimistic views championed by the so-called renowned academics, who are predicting a leadership crisis in the event that, President Robert Mugabe falls incapacitated, are merely prophets of doom who lack appreciation of our supreme law.

Zimbabwe is a constitutional democracy in which every national decision is based on the provisions of the national constitution which is the datum peg from which all legal issues are derived. Constitutional democracy is a system of government in which political authority, that is, the power of government is defined, limited, and/or distributed by a body of fundamental law called "the Constitution", and the electorate which is the general voting populace. It has effective means of dealing with all issues according to the well defined legal framework.

In a constitutional democracy, there is clear separation of powers as distinctly shown by the three pillars of the state, viz; The Legislature, The Judiciary, The Executive

There are cardinal essential characteristics and principles of constitutional democracy which makes it an antithesis of arbitrary rule. It is characterized by a popular sovereignty. The people are the ultimate source of the authority of the government which derives its right to govern from their consent, particularly through elections and referendums.

This aspect enables recognition of the majority rule, and the minority rights which are respected in the interest of all nationalities. And there is a limited government power due to the existence of statutes which are derived from the mother law, the constitution.

The state operates under institutional and procedural limitations on powers. Some of these institutional and procedural devices limit the powers of government. These may include the separated and shared powers among different agencies or branches of government. Each agency or branch has a primary responsibility for certain functions such as the legislative, the executive, and the judicial functions. However, each branch also shares these functions with the other branches which make it a functioning system.

Checks and balances are done by different agencies or branches of government which are endowed with adequate powers to check the powers of other branches. For instance, checks and balances may include the power of judicial courts to declare actions of other the branches of government to be at variants with some constitution provisions, and therefore, can be declared null and void. This is the true case obtaining in this country. This reality dispels the sensational sentiments spewed by critics who wrongly label Zimbabwe as a dictatorial regime.

The individual rights to life, liberty, and property are protected by the guarantee of due process of law as enshrined in the constitution. This country is never run along dictatorial or tyrannical lines as perceived by some blunt minded critics that mislead the generality of the public.

The holding of regular elections as per the provisions of the electoral laws as extrapolated from the constitution, insure that key positions in government, including the presidential post, will be contested at periodic intervals, and that the transfer of governmental authority is accomplished in a peaceful and orderly process in accordance with the laws of the country.

The Zimbabwean context is governed by the concept of "constitutionalism," which relates to how political authority is defined, limited, and distributed by law. The Constitution is the basic law of the political community, which enacts, and regulates the power of government as well as determining the degree and manner of distribution of political authority among the major organs like the government ministries, parliament, cabinet and the presidium, as well as the courts of legal justice.

The local modern constitutional democracy also paves way for representative democracy which relates to who holds and exercises political authority, that is, members of parliament that are voted by the constituents. The electoral laws determine how political authority is acquired, and retained either directly or indirectly as the result of victory in free and competitive elections, and the voting citizenry, through participation in free and competitive elections held periodically, can effectively control their elected representatives (members of parliament). The citizens have the capacity to hold them responsible for the consequences of their exercise of governmental power.

This clarification dismisses Professor Shadreck Guto of the University of South Africa, who asserts that, "Zimbabwe will face a leadership crisis because Mugabe's incapacitation will affect the security sector, judiciary and other institutions which have been under his firm control since independence." The rule of law takes toll if ever such an unfortunate incident takes place. There is no guess work as the laws spell out clearly the procedures to be followed. The nation is assured that there is no legal vacuum to that effect, and there is no need pay hid to Professor Guto's sensational claims which are inflammatory in nature.

Professor Guto needs to read through the whole national constitution. This would enable him to have an in depth appreciation of the laws, and come up with a refreshed mind which can enhance him to critique matters accordingly without misleading the generality of the public.