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When arrogance pits legalism against teleology

Opinion & Analysis
It is just less than four weeks when we bragged that Zimbabwe has finally come out of the bondage of the old British-conceived constitution.

It is just less than four weeks when we bragged that Zimbabwe has finally come out of the bondage of the old British-conceived constitution.

Develop me with Tapiwa Gomo

Many among us would argue that the old Constitution played a major part in the problems we face today even though some of us lay that blame on human behaviour. Today, we face a different barrage of questions from our fellow Africans. What is happening to Zimbabwe? Is the country crippled of its future? Have the people there become agenda-less. What happened to national pride?

For once, I have desisted from responding to such questions for one simple reason — I am very disappointed in my country. For all the lives we hear were lost during the struggle for independence, for all its efforts to send its people to school to achieve a better life, for all the ideological supremacy we have paraded on the African panorama, this is what we have come to be — a nation that cannot agree to move on for the sake of the future of its children.

A group of politicians who would rather compromise the future for the sake of being right even when they know there is something wrong with that rightness.

We have become a nation so portent in manufacturing and churning crisis after crisis, apportioning the blame on the United States, United Kingdom, European Union, African Union and Sadc. We are never wrong and yet we create the problems ourselves.

Today, once again, our nation is emotionally bleeding as it is ripped apart by legalism and teleology. A Constitution that is almost a month old, already beckons on a precipice, dashing the hopes of hope.

Political egos have virulently infected our political minds. To vote or not to vote, the process is already fetid before it begins making it indelible to sanitise.

Credentials and reputation are at stake and yet no one seems to care as long as the legalists emphasise and exercise strict obedience to the law system. Respect for the rule of law has found a new political choir even when it does not address the higher questions like the purpose and the future of the country.

Like in the ancient days of Han Feizi, the Chinese philosopher, we are made to believe that the system of law, not the ruler, must run the State, as a gesture or statement of rule of law. During Han Feizi’s time, special tactics and secrets were deployed by the ruler to ensure that others don’t take over control of the State using the excuse of protecting the rule of law.

Subtle in this exercise of the law is that it is the position of the ruler, not the ruler himself or herself, that holds the power. Therefore, the blame and accountabilities must be demanded from the ruler not the person.

Legally, all this may be correct, but not appropriate to the context raising questions on whether law is meant for the people or vice versa.

Human life comes first before the law which takes me to the flip side of the divide which has been sermonised and premised on the basis of teleology.

Avoiding events of the past, where people lost lives during elections, limiting centralisation and abuse of power and ensuring the political playing field is free for everyone to participate in electoral processes is the end purpose of the process.

All processes must be purposedriven even if it means breaking the laws and neglecting the Constitutional Court ruling for the sake of making a better Zimbabwe.

The processes includes, as they have always been preached, media reforms, security sector realignment, alignment of laws to the new Constitution and Electoral reform including the issue of the voters’ roll.

Even without guarantee of compliance and adherence to such, the general assumption is that with these in place the country can call for elections and pave a future for a better Zimbabwe.

Yes, it is also a valid argument for which Sadc has over the past five years supported. With the benefit of hindsight, we know all that achieving these is a pie in the sky and that such argument has been invaded and contaminated by the recent Constitutional Court ruling.

Do we protect a valid legal and political argument by disrespecting the Constitutional court ruling?

My little knowledge of the law fails me, but I am aware of the difference between an argument and a ruling; one is a process and the other is an end. I am also aware of the limited powers of Sadc to intervene where such an act leads to a breach of the law, which leaves us with one option — let’s talk among ourselves and find a solution.

Zimbabwe does not belong to political parties, but to Zimbabweans.

In all this heckling, the national interest agenda is lost in the crevice of power and hacks of egos. Just where Zimbabwe is going at this rate of sophisticated political confusion?

There is a strong cause for worrying. We cannot think of future development strategies in the midst of political confusion.

We cannot even fathom that the new Constitution will lay the foundation for a better future unless political egos are pruned to allow national interests to prevail. Zimbabweans are tired of this and they surely deserve better.