Democracy and the Rule of Law
When we attained our Independence in 1980, we did so in style. Changing
the guard democratically, creating new democratic structures for the
State and local government and at the same time we preserved a well developed
system of law supported by an independent Judiciary of surprising quality
and experience. These achievements after a long drawn out civil war and
decades of abuse by successive governments that were determined to protect
the security of the State at the expense of the rights of the individual,
were significant.
Since then it has been downhill all the way. First Gukurahundi and the
smashing of ZAPU as a political entity. In a savage, secret campaign
over 7 years, the Zimbabwe regime under Mr. Mugabe sought to achieve
total hegemony over the political structures of the country. The rules
of both democracy and law were flaunted; the rights of millions denied,
the media controlled and manipulated and both the Judges and the international
community were silent.
Once Zapu had been silenced, the State continued its attempts to control
and silence centers of dissidence. One by one the key social institutions
were infiltrated and subdued until the number of truly independent social
institutions in the economic system or in open society at large could
be counted on the fingers of one hand. There were flashes of resistance
– Margaret Dongo, Enoch Dumbutshena, but they were soon snuffed out.
By the mid nineties only the Trade Unions and some Churches remained
independent of the State and able to express themselves in the interests
of their members and society at large. The State was arrogant and took
the view that at last it was totally in control, the one Party State
had been achieved in all but name, at the expense of both democracy
and the rule of law – the two great achievements of the liberation struggle
over a 80 year period.
Then the MDC took shape and suddenly the world molded by Mr. Mugabe
looked threatened and fragile. The struggle against the rule of law and
democratic forces took on a new meaning and intensity. In the ensuing
battle hundreds have been murdered, millions displaced and hundreds of
thousands subjected to beatings and worse at the hands of the so-called
“forces of law and order”. All the basic tenets of real democracy have
been abused and distorted as the regime sought to defend its hold on
power with increasing ruthlessness and desperation.
At first these abuses received little attention from the world community.
African leaders went one step further and tried to defend the indefensible
and the unjust activities of what had become a rogue regime in every
sense of the word. One by one the independent Jurists were dealt with
to be replaced with pliant and complacent men and women who were willing
to compromise their training and ethics for a mess of porridge.
But at last the international community came out and said; enough is
enough! Recognition was withdrawn and the regime in Harare formally defined
as a rogue regime. We are also now classified as a “failed State”. But
it took the African States much longer to step up to the line and agree
with their international counterparts. Mugabe was one of their own they
argued, he was a hero of the liberation process and could not be touched.
But even they have now accepted that the Mugabe regime has gone a step
too far. At the SADC summit on the 29th March this year, that was in
fact the main message given to Mr. Mugabe behind closed doors.
At that crucial meeting the regional leaders agreed that the crisis
in Zimbabwe was home grown, had gone on long enough and had to be brought
to an end. They agreed hat the regime in Harare had to open discussions
with the much-maligned MDC and put in place arrangements for the next
elections that were scheduled for March 2008. They put South Africa in
charge of the process and gave President Mbeki their total support.
And so, in a country that still claims it is a “democracy”, we have
spent the past 8 months negotiating the conditions that will allow our
people the simple right they fought for over a period of 80 years – the
right to vote under free and fair conditions for the leadership of their
choice. 8 months of tough, unrelenting, behind closed doors, negotiations
to restore the very conditions that were ours in 1980.
Even as we have been negotiating the very basic conditions that should
be the norm in any sane society, the regime has continued to pound the
official opposition to death. Our leadership has been hounded, meetings
banned, unreasonable conditions imposed on other meetings, billions of
dollars of destabilization money has been poured into the CIO for the
purpose of making our lives a living nightmare. They decided the urban
worker was the enemy and they have set about smashing what remains of
the economy and driving millions of voters out of the country. This action
has been similar to a long-range artillery barrage in advance of an infantry
assault over the trenches.
Many doubt we will even get to an election – let alone have a free and
fair contest. I just want us to be able to vote in secret and without
any fear of recrimination. The people will do the rest.
As for the rule of law! You must be joking! We have a Chief Justice
who occupies a farm stolen from its rightful owners and who last week
gave his assent to the wholesale theft of private assets from farms.
A Chief Justice who pays scant regard for the welfare of his colleagues
and the lower ranks in the Judiciary. We live in a society where even
if you can clearly identify the killers and link them to an incident
of political murder, no dockets are opened and no prosecutions are mounted.
Not a single political murder since 2000 has been investigated and prosecuted
– not a bad record for a so-called system of Justice.
In fact we live in a society where the whole system of Justice has been
subverted and citizens have absolutely no recourse when it comes to the
protection of either their person or their property. In 1980 I would
never have imagined that we would be in this state of affairs some 27
short years down the line.
Eddie Cross
Bulawayo, 11th November 2007