What to do when there is no Justice

via The Zimbabwean – What to do when there is no Justice

Eddie Cross

I believe that we as white Africans, with our difficult background and links, must earn the right to be recognised as Africans in every sense of the word.

Many people are asking why we went into this election. In the rallies leading up to the election, Morgan Tsvangirai stated repeatedly that no matter what the outcome of the election, it was fraudulent. He knew that for four years Zanu PF had not been sincere about establishing the conditions for a free and fair poll. Instead they had been working feverishly behind closed doors to manipulate the conditions under which the elections would be held and flatly refused to implement the measures required.

This was a “do or die” exercise for them knowing that in 2008 they had been beaten by a much weaker MDC and simply could not stand up to a genuine electoral process in any form. Not one of the reforms demanded and agreed under the Global Political Agreement were implemented. Instead they repeatedly tried to conjure up justification for a snap election where the MDC would have to meet them on the electoral battlefield under the conditions they needed to be able to deliver a result at will.

They first tried this in 2010, then repeatedly through 2011, 2012 before finally getting what they wanted through the use of a Supreme Court bench that was totally subverted and under their direct control and direction. The ambush was carefully planned – they waited until the end of the life of the Parliament and Presidential tenure in June and then secured a decision by the Constitutional Court to the effect that the elections had to be held on the 31st July. MDC protested as did all the other political parties and a joint approach was made to the SADC to demand the full implementation of agreed electoral reforms and for this purpose, an extension to the poll date to allow the changes to take place.

A second session of the Constitutional Court was held where these demands were brushed aside and the SADC leadership felt that nothing more could be done to get the necessary reforms put in place.

And so Zimbabwe went into an election which was firstly, illegal in terms of our own laws and the principles that under pinned the GPA which was designed to help us resolve our deep seated difficulties. The President then used a piece of legislation that he should not have used under the new constitution to ram through the required electoral regulations that would govern the election itself. He did that in 2005 to give him conditions that clearly distorted the subsequent electoral process. In the process they disenfranchised hundreds of thousands of citizens who had voted in earlier elections.

This was followed by a totally flawed and manipulated voter registration exercise which left over a million young urban voters unregistered and denying voter rights to hundreds of thousands of people classified under the previous constitution as “aliens”.

Then we discovered that they had employed an Israeli firm “Nikov” to assist with the manipulation of the voters roll. This had been taken from the Registrar Generals Office to the Military Headquarters in Harare and despite strenuous efforts we were unable to get a copy of the roll until about six weeks before the poll and the voter registration exercise. An analysis of this version of the roll revealed huge discrepancies – hundreds of thousands of dead voters, voters moved out of their electoral Districts, altered registration numbers, half a million duplicated names with genuine ID numbers. 73 Constituencies had more voters than population. The agency responsible for the analysis met with the Electoral Commission and then wrote to them raising these matters on the 22nd and the 24th of June, with no response or explanation. To date we have not been given access to the roll in digital form despite Court orders and a clear constitutional obligation.

The entire electoral process was fraught with irregularities and illegal aspects – ballot papers were printed in a factory linked to the Police and in total secrecy. Millions of ballot papers are unaccounted for in the process. Immediately before the poll, rumors swept the country that the pens used in the polling stations would fade after use leaving the ballot paper blank. Then an even more specific allegation that some of the ballots had been printed in Israel on special paper that would automatically erase the original marks and create a cross against the vote for Mugabe. In a recent e mail, I received a note from a person who had worked in the industry for 30 years and who claimed that this was possible.

The law states quite clearly that no voter shall vote unless they are on the voters roll – ZEC allowed hundreds of thousands to vote on “Interim Voter Registration Slips” – backdated and circulated in blank form to all Districts well before the ballot.

When the special ballot was organised for those officials who would be on duty on the day, applications were made for more than double the theoretical numbers involved and thousands of young Police “recruits” – probably from Militia Camps tried to vote – leading to an illegal extension of voting and even then the ZEC tried to get those denied the special vote, the right to vote on the day – a right that many exercised opening, the possibility of duplicate voting throughout the country. To date no reconciliation has been made available of either ballots or special votes.

Then on the day they allowed 200 000 people to vote under assistance and 400 000 people who had voted in previous elections were denied the right to vote. Traditional leaders in all areas supervised their people before and after voting reinforced by threats that if villages voted MDC, the war would resume, or the armed forces would mete out retribution.

Finally, informal polling stations sprouted up in many areas and in addition polling agents and even observers were intimidated and driven out of targeted areas. In one Constituency in the midlands we have confirmed 14000 false ballots for the position of President.

Under the new dispensation we had very little time to mount an objection to the Poll and we submitted our challenge to the presidential ballot on Friday the 9th of August. Under the new Constitution this Court hearing is described as a trial. We expected therefore to call experts and actual witnesses as well as physical evidence gleaned from the ballot boxes that had been sealed on the day of the vote. These are all in Harare under the control of ZEC.

To get access we needed the Electoral Court to rule that we should be given access to the boxes and their contents. On the 14th of August the Court sat and the Judge declared that he was “reserving judgment indefinitely”. The day before this decision the Chief Justice declared that the hearing of the Constitutional Court to decide on the merits of our challenge to the presidential ballot would not hear witnesses or live evidence but would be based solely on the material contained in our original petition to the Court.

It was clear to us at that juncture that we could not expect justice in any form from our Courts. That the hearing on the 17th August (an unheard of practice where the entire Bench would sit on a Saturday morning) would simply be a repeat of the Court hearing in July when it was used to tie the hands of the SADC and force through the snap election. We met as a National Executive and resolved to deny them the right to abuse our system for political ends and leave the planned summit of regional leaders hands free to decide on the elections on a purely political basis. Late on Friday afternoon we withdrew our challenge to the presidential ballot.

Now SADC leaders have met and have ruled (as expected) that the ballot was acceptable. Nothing now stands in the way of Zanu PF to swear in Mugabe for his 7th term in office. It’s a sick joke – the whole thing, in my view it ranks with the standing ovation given to Idi Amin by the AU when he was committing genocide in Uganda and eventually had to be driven into exile by a military invasion from Tanzania. It’s no wonder the rest of the world finds it difficult to take us seriously.

 

COMMENTS

WORDPRESS: 13
  • comment-avatar
    Chiwaridzo 7 years ago

    thank you for an honest account of the electoral scam that has just taken place Eddie, please outline for the readers how you see the country being run from now on, how will Mugabe actually economically take the country out if the sick state it is in to a country that functions normally.

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    Morris 7 years ago

    While Mugabe is touted as very learned his actions are easy to predict. He has learnt how to abuse political power. Here is how things will unfold in the next five years. 1. Mugabe will lash out at and incite violence against opposition figures. 2. Mugabe will go ahead and forcibly and illegally take foreign businesses. 3. The economy will respond negatively (since he cannot rig this one). 4. Mugabe will blame everyone except himself while poverty will become rampant and all its attendant ills. 5. Mugabe and his cronies will enrich themselves while he blames the West. 6. Anything may spontaneously happen, I don’t know what but Zanu Pf may fall by something like a sword

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    Chiwaridzo 7 years ago

    What are the chances of the return of the Zim dollar , I just cannot see how he is going to run the country without introducing a local currency

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    zimbo 7 years ago

    well there you have it.Will the last one to leave please turn off the lights.Oops, I forgot,they are off already.

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    jongwe power 7 years ago

    And why should the world take us seriously when they can clearly see that we don’t care enough to do jack squat about our problems? We (and/or our elders) voted these guys into power and let them establish the means to remain in power. And now we expect someone, something, or God to magically come along and fix things? We sure know how to make people laugh.

    Sure, people read the heartstring-tugging articles in the independent media and read posts from sites like these and think, “Gee, those Zambwabian Negroes sure are gonna march on over to their leaders and have a word with them!” And then they observe us and see people passively going about their daily activities, acting as bystanders when the few who DO speak up are shown a world of pain by our law enforcers.

    And then they compare us to the Egyptians, the Kenyans, the Burmese, and the Libyans, and shake their heads muttering, “Those Zambezians sure are dumb!”

    Let the world laugh heartily at us, for indeed we do deserve our leaders.

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    Micheal 7 years ago

    Those who voted Mugabe/Zanu-Pf must now wait to receive their empowerment, their share of houses, of cars, of businesses, of farms and of platinum mines, of diamond mines and of uranium mines. I think you will be lucky to get a bicycle, but you must wait.

    You must wait for the old man Bob to give you these things, after all is this not why Muagbe/Zanu-Pf wins these stolen elections, so that he (Mugabe) and Zanu-Pf may dish out your EMPOWERMNET. I hope you all choke on his empty promises.

    Figure it out for yourselves, if you (Zanu-Pf) did not receive your empowerment in 1980’s then you are not entitled to any. If you (Zanu-Pf) did not receive your empowerment in 1990’s then you are not entitled to any. If you (Zanu-Pf) did not receive your empowerment in 2000’s then you are not entitled to any. Unfortunately for you (Zanu-Pf), in 2013 there is nothing left to empower you with, it has all been handed out already.

    ___________________________

    For those of you who voted for democracy, those who voted MDC, the 2013 election re-run is about to commence.

    You will not need to register on a fraudulent Mugabe voters roll.
    You will not need to vote at a polling station, run and manipulated by Zanu-Pf thugs.
    You will not receive threats and intimidation.
    You will on longer be a slave to a one party state.
    There is no polling date…
    And there is no close to voting.

    VOTE NOW.
    Vote with you feet. Walk, cycle, drive, fly, catch a bus, it doesn’t matter how you do it but cast your VOTE at any of the embassies in South Africa, Botswana, Mozambique, Zambia, SADC, AU, USA, Australia, Canada, UK and Europe. If the embassy does not allow you to cast your vote then you must squat there, set up camp more are coming and soon the tides will be so great they will be forced to allow us to vote.

    Let these embassies count the votes and let them declare the winner.

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    when you are dealing with a violent regime ,,you have to rebel or stay oppressed

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    Nyoni 7 years ago

    Thanks for providing all the reasons as to why MDC should have stuck to and not budged until the terms of the GPA were met. Oh and thanks for telling us why the MDC should have, at the very least, not budged until all critical issues in the “roadmap” were met.

    Now can you tell us or should we tell you what an idiotic decision it was to subvert the will of the people by taking them into a fraudulent election where you knew you would lose?

    You put a nice spin on it Eddie but you conveniently leave out certain facts.

    For example, only a matter of weeks before the election Tsvangirai was adamant – no reforms, no elections. What made him change his mind to unilaterally do such a stupid thing as go into an election without even seeing a voters roll? He did that with full knowledge that ZanuPF had employed and paid Nikuv, an Israeli company, USA$13 million to rig the results.

    You say it was do or die Eddie Cross. What nonsense. It was plain suicidal and all this could have been prevented if MDC had stuck to principles, not appeasement.

    The icing on the cake – Mugabe elected deputy chair of SADC as a reward for stealing another election so easily and so blatantly.

    DUMB DUMB DUMB!

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    Kevin Watson 7 years ago

    Dear Eddie,
    You and the national executive of the MDC (T) are naive in the extreme. When the GPA was being negotiated you should have thought very carefully about the ministries that you took controll of. You should have thought very carefully about how a future election could be rigged and you should have thought very carefully about Mugabe and Zanu PFs failure to implement the GPA. This was when you let yourselves down. Given that, you should have used the MDC parliamentary majority to repaeal and change the laws that were used by the biased courts against you, this you did not do. In the final analysis the MDC and Morgan Tsvangirai should have informed SADC that you would not agree to any elections or participate therein until the GPA had been fully implemented and in effect for at least two years. Of the 5 most important cabinet posts at least 2 should have been in the hands of MDC T and these should have been Police and Home Affairs. 1 should have been in the hands of MDC N and this should have been Defence, leaving Mugabe with Justice and Finance. Then you would have had a real share of power. Had Mugabe not agreed then you should have sat at these negotiations and worn him out. Given that none of this took place you should have been firmer at the SADC negotiations prior to the elections saying that the GPA had not been implemented and that Mugabe’s call for the election was unlawful interms of Zimbabwean Law, stating that the MDC could neither take part nor endorse an illegal process.

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    When the wicked are in leadership, sin prevails. In any organisation – whether a church, a business, a family, or a government – the climate comes from the top. The people become like their leaders.

    What kind of climate are you setting for the people you lead?

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    “Take courage – The Lord works out everything for His own ends – even the wicked for a day of disaster.” Proverbs 16:4.

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    This verse does not mean that God created some people to be wicked, but rather that God uses even the activities of wicked people to fulfil His good purposes. God is infinite and we are finite. No matter how great our intellects, we will never be able to understand Him completely. But we can accept by faith that He is all-powerful, all-loving and perfectly good. We can believe that He is not the cause of evil. And we can trust that there are no loose ends in His system of judgement. Evil is a temporary condition in the universe. One day God will destroy it. In the meantime, He uses even the evil intentions of people for His good purposes.

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    At times it seems that God has let evil run rampant in the world, and we wonder if He even notices it. But God sees everything clearly – both the evil actions and the evil intentions lying behind them. He is not an indifferent observer. He cares and is active in our world. Right now, His work may be unseen and unfelt, but don’t give up. One day He will wipe out evil and punish the evildoers, just as He will establish the good and reward those who do His will.