Update on Inclusive Government :Dead or Deadlocked? -Lloyd Msipa

Update on Inclusive Government :Dead or Deadlocked? -Lloyd Msipa
BILL WATCH 1/2009 [10th January 2009] House of Assembly adjourned until 20 January and Senate until 27 January. It is exactly four months since the Inter-party Political Agreement [IPA] to set up an Inclusive Government was signed. The Agreement was hailed by the SADC summit a few days later, but most analysts agreed that it lacked a time-frame and was riddled with contradictory statements. There were far too many issues left undecided, and a whole series of subsequent negotiations have still not settled them. Constitution Amendment No. 19, the key legal instrument which would underpin the structures of a power sharing government, is still not tabled in Parliament. It can be tabled when Parliament reconvenes later in the month, but the MDC-T have threatened to block it unless other key issues are also settled, namely, the continuing violence, the fair allocation of ministries, key government appointments and the functions and composition of the National Security Council.
MORE LEGAL UPDATES
Timeline of Events Relating to Located Abductees (As at 09:00 Hrs on 6 January 2009)- ZLHR
Govt to establish Citizenship and Immigration Board
15th Sept Agreement between MDC and ZANU PF
The prospects for an inclusive government being set up look less and less promising after Mr Mugabe's rhetoric at the end of last year, Mr Tsvangirai's holding out for a genuine share of authority, and the recent evidence of the torture of MDC cadres and civil society activists accused of supporting the MDC.Mr Mugabe at the ZANU-PF Conference told thousands of his party delegates that he would never surrender power. "I will never, never, never, never surrender. Zimbabwe is mine,"."At conscience, at heart, I will never, never sell my country. I will never, never surrender." Referring to his rival Mr Tsvangirai, Mr Mugabe called him "a political monster that will oppose allthat we fought for." [Note: the state controlled media also continue todenigrate the MDC-T and its leader Mr Tsvangirai.] Mr Tsvangirai leader of the MDC-T on 19 December said that "the MDC can only enter into an agreement that enables us to participate as an equal partner in order that we can contribute to solving the Zimbabwe crisis. Zanu-PF is insisting on keeping the lion's share of power, including control of the army and shared control of the police that has been used to terrorize MDC members for years. Therefore, this negotiation process must now be confined to a specific timeframe in which all the outstanding issues are addressed, including, the appointment of provincial governors, the composition and constitution of the National Security Council, and equity in the allocation of key ministries. If this cannot be achieved then an internationally supervised presidential election must be conducted in an environment that is conducive to a free and fair poll." His spokesman put it more graphically "the MDC cannot accept responsibility for the mess without the necessary authority".Allegations of Military Training and State Mistreatment of Abductees Lead to Hardening Stances It is unclear whether ZANU-PF allegations that MDC is training militia in Botswana are the death knell for the IPA. The MDC ultimatum to release or produce the abductees in court by 1st January has only been partially met [so far 17 out of the 40 plus who Mr Tsvangirai mentioned as abducted have been produced in court]. It is likely that MDC will hold out for all to be accounted for, which will cause further delays. Even if the talks then continue, the revelations about the torture of abductees while in unlawful State custody and the part played by police, CIO and army agents in the whole exercise, have led to the MDC-T demanding, not only the Ministry of Home Affairs, but that the police, army and CIO be placed under the effective control of all parties to the inclusive government agreement.In his letter to President Motlanthe of December 29 Mr Tsvangirai wrote:"Given the fact that our national institutions (police, CIO, army) have been selectively used to target MDC and other activists it is only imperative that these security apparatus be placed under the effective control of parties to the agreement. In effect, the CIO as well as elements of the army such as military intelligence have become actively involved in undermining this agreement [the IPA]." Mr Tsvangirai also stipulated that legislation regarding the operations, control and funding of the security services by the National Security Council must be enacted before the formation of the inclusive government.Despite the international outrage over the abductions the ZANU-PF stance is unrepentant - their Chief Parliamentary Whip Joram Gumbo accused the MDC of failing to respect the intent of the power-sharing agreement, and of seeking to bypass the judicial process in demanding the release of MDC activists jailed on charges of plotting a coup. Minister of State Security Didymus Mutasa submitted an affidavit to the High Court that the "clandestine"detention of the abductees was part of a legitimate State Security investigation and that the identities of the State Security agents involved, and the details of the "facilities" used by them, should not be disclosed.Mr Tsvangirai rejects Invitation to be Appointed Prime Minister MDC president Mr Tsvangirai was designated Prime Minister in the 11 September IPA. A letter from Mr Mugabe inviting him to take up the post was delivered to him on Christmas Day [together with his Passport]. He formally declined the invitation and a party spokesman said "it is not for Mr. Mugabe to invite the MDC formation to join a government as that government is to be jointly constituted under the pact."In his reply to Mr Mugabe, Mr Tsvangirai firmly stated the MDC-T position that an Inclusive Government could not be formed until Constitution Amendment No. 19 had been passed into law and that the outstanding issues consistently listed by MDC-T had to be settled first.Mr Mutambara has not accepted invitation to be Deputy Prime Minister Mr Mutambara received a written invitation to take up his Deputy Prime Minister post. He responded by suggesting a meeting of all the principals.He and Mr Mugabe [but not Mr Tsvangirai] did meet for discussions, but Mr Mutambara has since reiterated his position that he will not be part of a government that does not include Mr Tsvangirai.MDC leadership meetingsThe leadership of the MDC, including its transition team and party strategists, has been meeting in South Africa this week for consultations on whether to continue or pull out of the talks to join the InclusiveGovernment. The final decision will be made at an MDC-T National ExecutiveCouncil meeting to be held on 18 January.Changes in de facto "Interim" Government Nine Ministers have had their appointments terminated by Mr Mugabe. They are - Samuel Mumbengegwi (Finance), Sikhanyiso Ndlovu (Information and Publicity), Oppah Muchinguri (Gender, Women's Affairs and Community Development), Munacho Mutezo (Water Resources and Development), Michael Nyambuya (Energy and Power Development), Amos Midzi (Mines and Mining Development), Chen Chimutengwende (Public and Interactive Affairs), Sithembiso Nyoni (Small and Medium Enterprises Development) and Rugare Gumbo (Agriculture).Three Deputy Ministers have also lost their posts: Kenneth Mutiwekuziva (Small and Medium Enterprises Development), David Chapfika (Agriculture) and Edwin Muguti (Health and Child Welfare).None of those dismissed had seats in Parliament. The individuals concerned have actually been ineligible to hold their posts since Parliament met on 26th August [Constitution, Section 31E(2)], so the dismissals are long overdue.It is reported that Mr Chigwedere (Education) and Mr Mushowe (Transport andCommunications) were spared the axe, because, as provincial governors, they hold seats in the Senate and are therefore considered eligible to continue as Ministers. [Note: this is faulty reasoning. They should in fact have vacated office when appointed as governors, because Ministers are prohibited from holding any other "public office" [Constitution, section 31D(4)] and a provincial governor holds public office [Constitution, section 111A].Filling the Ministerial vacancies: Mr Mugabe has assigned Ministers from the remaining pool of Ministers to act in six of the vacant Ministerial posts on a temporary basis in addition to their other duties [under the Constitution only an existing Minister can be appointed to another Ministry in an acting capacity]. The acting appointments are: Patrick Chinamasa (Finance), Paul Mangwana (Information and Publicity), Sydney Sekeramayi (Mines and Mining Development), Sylvester Nguni (Agriculture), Sithembiso Nyoni (Women's Affairs, Gender and Community Development), Joseph Made (Water Resources and Infrastructural Development).Is the Door Still Open for an Inclusive Government Despite the posturing and rhetoric there does still seem some hope that Mr Mugabe has not closed the door to an inclusive government. It is significant that he made no new substantive Ministerial appointments to replace the dismissed Ministers. Also, according to his spokesman George Charamba, although Mr Mugabe is on his traditional one month's annual leave, he has not gone abroad as usual, but has remained in Zimbabwe, "in retreat"but "working on structures of an inclusive government". If the door is still open, however, it does not look as if it will happen very soon. The state press has referred to a inclusive government being formed at the end of February.Statutory InstrumentsSI 186/2008 - extends the current price control regime until the end of June [gazetted 19th December].SI 187/2008 - increases the weekly cash withdrawal limit for individuals from $500 million to $5 billion [gazetted 31st December]. This refers only to withdrawals made without proof of lawful source - the larger amounts withdrawable with proof of lawful source are not changed.SI 1/2009 - more new banknotes - $20 billion and $50 billion [gazetted 9th January].Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.