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Mnangagwa caught between the law and people

ZIM TRANSITION
President Emmerson Dambudzo Mnangagwa made a grand comeback from his brief exile in South Africa following his ouster. Prior to his arrival, Harare went wild with joy when news of his predecessor Robert Mugabe’s resignation filtered. The same euphoria was reported everywhere across Zimbabwe.

President Emmerson Dambudzo Mnangagwa made a grand comeback from his brief exile in South Africa following his ouster. Prior to his arrival, Harare went wild with joy when news of his predecessor Robert Mugabe’s resignation filtered. The same euphoria was reported everywhere across Zimbabwe.

By Learnmore Zuze

Mnangagwa had been vilified markedly within Zanu PF in the last few months, with the denigration intensifying, each day led by garrulous former First Lady Grace Mugabe. He had been castigated as someone who lacked grassroots support and was, therefore, unelectable. He was derided as a schemer angling to topple Mugabe.

The turn of events in November, however, threw a lifeline for the man. Upon arrival in Harare, the public mobbed him. Placards bearing his face rose high up across the city. Music that extolled him was belted out from virtually every car. That he was the incoming President was as clear as daylight even as the protracted negotiations between the army and Mugabe dragged on.

Mnangagwa suddenly became a symbol of a new hope and identified with the people. His inaugural speech struck the right chord as it touched on inclusivity, re-engagement and jobs. Many were and still remain convinced that the man is a reformist unlike Mugabe’s hard-line anti-investors and openly racial stance. Many who would never have given Mnangangwa an ear fell to his side.

Everything pointed to an emerging leader who was walking arm in arm with the people; Mnangagwa became like a responsible father who had come to children long abandoned by their guardian. Indeed, Mugabe had long stopped caring about the people (it’s even debatable whether he ever did)

And everything was going according to book for Mnangagwa until Thursday. Yes, that was when he announced his Cabinet — it was a sobering moment for many. The enthusiasm that had run high in the streets and in the workplaces took a tumble. The cheer slowly turned into worry. The radiance on many faces darkened.

A lot has since been said about the Cabinet and the descriptions have hardly been different; the Cabinet has been described as “worrying”, “energy-sapping” or “disappointing.” This is no doubt attributable to the calibre of ministers chosen by the President. The same ministers who served under Mugabe and have a not-so-clean record of corruption were the bone of contention. People expected a total shift; a real migration from cronyism.

They expected to see technocrats and new blood in the Cabinet. In particular, the inclusion of Obert Mpofu, Patrick Chinamasa, Kembo Mohadi and Supa Mandiwanzira robbed people of any hope. To people, these ministers have nothing new to offer.

They have been Cabinet members a countless times. A close friend, in jest, after seeing the Cabinet, said: “Why not bring back Mugabe? He is the only one missing in the Cabinet.”

If truth be told, this was a ubiquitous feeling across the nation. The very people with whom Mnangagwa had walked with enthusiasm became dispirited. After celebrating Mugabe’s fall, it was going to be the people, the army and the law.

While Mnangagwa’s Cabinet has been judged harshly even before a week in office, it is imperative that we see the dilemma that lay before him. Zimbabweans need to appreciate that the very democracy they clamour for also demands that the President complies with the Constitution. He could not have appointed the favoured names that were scattered across social media platforms for the very reason of the supreme law. Very few have grasped this.

Mnangagwa was caught between the law and the people, not to mention the army and his cronies who were instrumental in his rise to power. It is the law here which is the focal point. A President is dissuaded by law from appointing, as ministers, people who are not Members of Parliament. Naturally, this left Mnangagwa with the so-called deadwood to pick from.

Section 104 (3) says: “Ministers and deputy ministers are appointed from among Senators or Members of the National Assembly, but up to five, chosen for their professional skills and competence, may be appointed from outside Parliament.”

Although there would be other factors to consider, it is largely this part of the organic law that must be the centre of focus. A soccer coach can only pick from eligible players; he cannot possibly choose from ineligible players no matter how fine their skills and form. And so it was with Mnangagwa. Five professionals is just a tiny drop in the ocean to meet the expectations of a people thirsty for good governance.

Mnangagwa, thus, could not have strayed to suit the dictates of the people. He had to comply with the law, hence, the recycling of “old, tired ministers.” Again, the question will be asked: Couldn’t he have formed a national unity government?

This option was ideal, but surely a complicated one in view of the elections due in about eight months’ time. It’s against common sense. From the limited options available, Mnangagwa had to make do with what was available.

Therefore, in my view, I would not say that cronyism won over the people. I would not hasten to say he chose his confidants over the people. The President was caught between the law and the people.

He went on to pick to key positions men from the military and people who had been key in his political resurrection and from where I stand, given the available options was not quite out of the ordinary.

What we should concern with is delivery and policies and not characters and not policies. Having said that, Zimbabweans must all register to vote. This is temporary, we desire a democratically elected government.

Learnmore Zuze is a law officer and writes in his own capacity. E-mail: [email protected]