THE GENERALS - ROTTING HEADS OF AN OTHERWISE GOOD FISH

‘It is unacceptable in a democracy to politicise the military, as it is to militarise political and civilian affairs and institutions. While the political leadership of the military is overtly partisan towards ZANU-PF, many soldiers in the rank and file are professional and non-partisan, aspiring to faithfully serve their country. It is a classical proverbial case of a fish with a rotting head. Major challenges of partisanship and political interference are with the military leadership and not with the bulk of the low ranking members.’

 In June of 2011, The Crisis in Zimbabwe Coalition released a seminal report on the ‘Military and Political Affairs in Zimbabwe’. In that report there are several things that were highlighted, not least the above cited statement which argues, correctly, that the military is not homogenous, and that there is a clear disconnect between those who lead it, and those who make it up – a case of the fish with a rotting head.

After hearing out The Police Commissioner General, Augastine Chihuri, and the Zimbabwe Defense Forces Commander General, Constantine Chiwenga, over the last two weeks, the report immediately came to mind, amid reflections of the conundrum that has been the Inclusive Government and GPA Epoch. The pronouncements, which were brought on media reports of a “meeting” or meetings between “the Generals” and a representative of the MDC T, and Minister of Government, degenerated into a competition in expletives between the Commissioner General of Police and the ZDF Commander General. Ministers of Government were called, ‘Malcontents’, and a whole Prime Minister of the country was called a ‘Psychiatric patient’. The Commissioner General of Police vowed that they were “too busy to engage confused malcontents”, while the ZDF Commander quipped “We have no time to meet a sellout. Clearly Tsvangirai is a psychiatric patient who needs a competent psychiatrist”.

The vitriolic responses by these two generals, served as a timely reminder that where the security sector is concerned - its respect, let alone subordination to civilian authority, is non-existent. It showed that indeed, the more things change, the more they remain the same, and brought out in full color, the conflictual manifestations of change and continuity in Zimbabwe’s political narrative. But this is an easy conclusion to make, which in itself may not be accurate.

It has taken a great deal of courage for me to put these reflections in writing, because I am writing from Zimbabwe, and Zimbabwe is not a country where you can easily stand up to question, ponder for more than a moment, what the security sector does or says. It is “dangerous”. But why should it be? The very same generals are quick to remind us of the Freedom and Democracy that they brought us through the liberation struggle, for which, as the Commissioner General of Police puts it correctly, a lot of Zimbabweans “dead and alive fought for”. 

I am baffled by the fact that the Generals ‘meeting’ the Prime Minister of the country, can be construed as (in the words of General Chiwenga), “a mockery to the thousands of people who sacrificed their lives fighting for the country’s independence.” One wonders what this means for the President of the republic of Zimbabwe who meets Tsvangirai, almost every Monday, and all the ZANU PF Ministers who meet their MDC Counterparts almost every Tuesday.

Perhaps, I have a romantic notion about what the struggle for independence was about, because, as I am sure the ‘Generals’ and others in their ilk will be quick to point out, I was not there when the struggle was fought. But I would like to believe the Commissioner General of Police, that the struggle was for Freedom and Democracy - of which the latter inevitably dictates that the security sector must subordinate itself to civilian authority and pay allegiance not to individuals but to the nation, the flag and the constitution.

Because of the major misunderstanding, between people like myself, a ‘Born Free’, and my fathers and liberators, as represented by the 2 Generals, clearly when they talk, they do not do so for me. There is a clear, generational disparity in thought and understanding of what freedom and democracy is about. For me freedom is about liberty, and a sense of living devoid of fear and subjugation by anyone. For me democracy, is about freedom, self governance, respect for human rights, civility and supremacy of the people ( civilians). I can see that we can use the same words, but judging from the conduct of the ‘generals’ we mean different things. So who do they speak for, and in such a callous and disrespectful manner?

On Thursday the 2^nd of May 2013, a generational mate of mine, one Solomon Madzore who (unfortunately for him) is also the President of the Youth Assembly of the MDC led by the Prime Minister, was incarcerated for insulting the President. He is accused of having likened President Mugabe to a “limping donkey”. Our Zimbabwean culture is rich with imagery, and any sane person can tell, that such a remark (if uttered) was meant to draw a likeness, and not necessary to call one such – as in, “ he is like a limping donkey” as opposed to “he is a limping donkey”. But that is besides the point, the Army Commander actually said “Tsvangirai is a Psychiatric Patient” and the Commissioner of Police actually referred to a Minister as a “malcontent”. I can guarantee that nothing will come to these two gentlemen, who unlike Solomon, with all his wisdom and clever attempts to simplify his narratives using imagery and likenesses, is paying with his freedom.

Those who wrote the story about the meeting, Journalists from the independent, Dumisani Muleya (editor) and Owen Gagare (reporter) – both of The Standard newspaper, spent almost a full day, detained and being questioned by Police over the story at Harare Central Police Station, on the 7^th of May 2013.

But, I digress, the question, I had posed was who do the generals represent. It is easy to conclude that, they speak for the institutions they lead. It's easy, but it may not necessarily be correct. The security sector is made up of people, and indeed people from different generations, and in spite of whatever drilling may be attempted, people of varying political thoughts and inclinations. The military and security establishment does not live a world apart from civilians, at distant army bases or isolated police camps. They live among the people. 

The extent to which they are influenced by occasional visits by these "Generals", and are constantly being drilled by their immediate superiors, maybe equaled by the extent to which they are influenced by their lived reality in society, the stories of their neighbors, and the experiences of their relatives.  The generals need to understand that, now more than ever before, the security establishment, are indeed like fish in water – they being the fish and the people being the water. The fish is less likely to be influenced by the captain on a boat sitting on top of them and the water, than they are to be influenced by the very water itself from whence they derive shelter, food, company and camaraderie.

It brings to mind the words of Robert Oppenheimer, a leading American scientist, who during World War 2 led a refusal by scientists to make hydrogen bombs. His retort, is relevant for members of our security services today, and I am sure more than one are likely to think in the same way.

“We are not only scientists, WE ARE MEN TOO. We cannot forget our dependence on fellow men…These are the strongest bonds in the world, stronger than those that even bind us to one another, these are the deepest bonds that bind us to our fellow men."

The generals may fail to see it, or may see it but decide to overplay their influence and control, but the reality, is that more than being the rotting head of an otherwise good fish, they may actually be a leadership that is less and less in control and influential on the bodies that they are supposed to be leading.

The disconnect between the Generals and those they lead, are not only a matter of conjecture, but are also reflected economically, generationally, and perhaps even politically. There is very little doubt that the elites in the security sector, have secured their economic security, while the bulk of those they lead, live in the throes of poverty, barely getting by - a case which many have argued, is the reason behind rampant corruption in the police service.

While it is clear that the recent statements by the Generals are partisan and meant to shore up ZANU PF. In the same way that the Generals statements and positions may not be representative of security establishment in toto, they may also not be representative of ZANU PF, in toto.

In the Report alluded to at the beginning, Dr. Martin Rupiya, a security sector specialist, and former Colonel in Zimbabwean Army argues:

“In Zimbabwe’s dynamic political and electoral affairs since 2000, it is difficult to see the wood for the trees as it relates to the role of the military? And yet, we must remain clear, the use of violence--manifest through the role of the military in politics -- is but a reflection of the dominance of an aggressive faction within ZANU (PF), one that has always had the propensity to kill, maim and torture political opponents and is now able to do so using armed state organs.”

So even in ZANU PF, these “generals” may actually represent, a faction and not ZANU PF itself.

What ever the case maybe, as we heard towards elections, it is clear that we will get into them with a partisan, unrepentant, and patently unprofessional security sector leadership. In the final analysis,  I believe that this is a security sector leadership that is smart enough to understand that ultimately it is the people, civilians, who will choose, who becomes the next President of this country. They have made their preference clear, and should President Mugabe not be reelected, the good thing is that they are not forced to salute or serve a Tsvangirai, Ncube or Madhuku.

If the foregoing should prevail, I believe the affected Generals have already served their notice, and will retire to their business and farming concerns, which contrary to the popular narrative that they peddle, I am sure none will do much to interfere with.

Then, perhaps, we will get back to the pre-2002 security sector days, where professional security sector leaders could say, as did then Army Spokesperson, Major (now Brigadier General in charge of 4 Brigade) Chancellor Diye who in 2000, announced that 

           "the Military was apolitical and would support any victor emerging from the electoral context."

@ 33 - we need to get our act together

I have the good fortune of sharing a birth year with our country, Zimbabwe. Sometimes it makes me wonder if some of the growth and development processes, dummies and dilemmas, challenges and successes that come with each year to me as an individual apply to the nation.

Mothers of the Nation - celebrating the birth of Zimbabwe in 1980

My thinking is not too far fetched, thinking of Zimbabwe in parallel to myself. I think that life cycles and growth processes can be twinned; of cause the major difference is that I am mortal and Zimbabwe will live forever.

This however does not disqualify the parallels because, at the end of the day, in the life that the Lord blesses me with however long or short, there are things that I need to achieve, certain states I need to reach and accomplishments that need to be attained. 

Perhaps it’s selfish, but the fact that Zimbabwe will have a longer life than me, does not exempt her from fulfilling certain things, neither do I derive comfort from the possibility that some things will be achieved or done after I am dead and gone. I think in the same way that our liberation war heroes demanded freedom and independence in their life time, I can also demand certain things on Zimbabwe, not in the future but in my life time.

Life does have stages, and different ages denote different things. Take me for instance. At 16 I knew that I could have a National I.D. and drive legally, at 18 I knew I could vote, and could be held responsible for whatever crimes I commit as an adult, and not as a minor. At 21, I could drink and was considered an adult.  At 25 I was expected to be married or at an advanced stage in that process.

Of course my life did not always take this clear-cut trajectory. I started drinking much earlier than I care to admit to my mother. I started driving without a license amongst other things that I care not to admit on this platform. When I turned 25 with no steady girlfriend in sight, I became the main subject at traditional Christmas gatherings at my uncle’s home in Chinhoyi, and when I turned 30 without my first degree, I became the object of ridicule among my co-workers and colleagues and a cause for concern to my employers and partners.

When I won the open section of a Public speaking competition while in Form 3, I was praised and was a hero at my mission school. When I became the youngest chairperson (also least accomplished by then – not a big Star activist) of a major Civic group, I  became the envy of my peers, but also a source of inspiration and living proof that it could be done if we just open the door for others to try. Where the growth processes were fast tracked I was lauded, where they were slow I was censured.

This year at 33, I know that conventionally, I only have 2 more years before I loose the “get out of jail card” that is youth, which has in the past allowed me to be errant and do certain things and make certain mistakes with youth as my ‘cover’.  At 33, I feel uncomfortable when someone talks to me about my promise, my potential and my bright future, because really, in this country of ours with a short life expectancy, at 33 I am supposed to be well on the way to fulfilling my promise, potential and be living brightly today.

Embracing responsibility - Its not about #1 any more there are others

At 33, I have children to worry about, who need school fees, food, clothes and shelter and - more importantly to them – toys, games and holidays. At 33, I am worried that I don’t have a house, stand or mortgage or any real savings to ensure that should the Lord favor me with joining him in the afterlife my kids are well provided for and continue to go to school, eat and have shelter, forget the toys, games and holidays. In other words at 33, I don’t really have my act together - yet I should. My excuse is that it’s not really my fault, I am living in a bad economy, and those leading me could do me a favor by doing so democratically and well - yet they are not.

Now, I have already said that it is perhaps unfair given the “immortality” of countries, to try to demand that at just 33, something that will live forever should have its ducks in a row. But I ask it nonetheless, because I only have this life, and in as much as the past will not satisfy my present, neither will grand ideas about the future. I demand a good life in my lifetime, real freedom in my life time and real hope and opportunities in my life time.

Just like a birthday, Independence Day, is a day to celebrate, but you cannot just celebrate getting old, you also need to reflect. At birth, there was certain promise that was there for our country. At birth, we had grand dreams of freedom, self-governance, and independence – political and economic. In our early years we were considered a jewel - the pick of the African class.

 At a very early age, we were lauded for our education, and were considered a regional breadwinner – the breadbasket of Africa. In our teens, we had the usual teenage challenges as a country, experimented with the structural adjustment program drug, with disastrous effects. But we were young, and could be forgiven for the folly of youth. At 18, we celebrated and took in the drink of war, and like a normal 18 year old, we picked fights, and joined those that were not ours like DRC. But that was the code, at 18, we operated in gangs and if you picked a fight with my friend, you picked one with me.

At 25, it was clear that something was going wrong and that a lot of our promise was unfulfilled. We were not economically stable; we had acquired the means of production, but were failing to optimally use it. At 28, we got into a disastrous marriage, but got a bit of the stability and discipline that marriage always brings. We found new wealth, but in typical fashion, even in marriages, the perceived husband, seemed to squander it, was not accountable for it, and the kids hardly saw anything of it. At 33, the marriage running our national household is shaky and headed for divorce.

Naturally, at 33 a bit of judging does take place. Some introspection is necessary and the reality that you are not a kid anymore sets in. You start looking into saving schemes, hunt for a mortgage or a stand, and if you haven’t yet, you settle on a career path, perhaps not as exciting as your initial dreams, but one which is stable and secure for the sake of the kids. If moral and financial indiscipline were the hall marks of your life, you take off your “ player” hat and try to settle down, save, be the father/mother, husband/wife and adult you are expected to be. If your papers are not in order you put pride aside and fix it. At 33, you realize, that if your house is not in order, it needs to be and you try to get your act together.

Zimbabwe is that 33 year old. It’s not too old, but it’s not too young either. It is at a very productive stage, where it can still innovate, adapt, stabilize and get its act together. This 33^rd year of our independence presents opportunities for all this. Through the new constitution we got our national papers in order. With the coming elections, their conduct and their credibility, has got opportunities for setting us straight and putting our political house in order and by consequence our social and economic houses too. In the same way that a propensity to drink and stay out late can affect your home and work, our political discord had translated to economic hardships and social ills.  But all is not lost, at 33 you can salvage something and get your house in order – Zimbabwe needs to do that.

Fathers of the Nation

Let’s celebrate our independence day, but let us also reflect on where we are coming from and how best to get to where we want to. 

Best selling Author of the book, ‘ Brothers Emanuel” said the secret to his success and that of his brothers was that  when they did well they had “ all of 27 seconds to celebrate”  but would be told to get on to the next challenge soon after. So let’s celebrate, but without forgetting that after the party, life waits and that we need to move on to the next challenge and assignment. Let’s get our act together and pursue the greatness we are destined to as a nation.

ends

Political Interest and Prejudice….Remove that, and there’s case a No Case Against Justice Hungwe.

Our Justice system may have gone to the dogs. This became a very distinct reality when in 2001, our Chief Justice then, Anthony Gubbay was forced into early retirement, to be replaced by what some argued, was a more politically pliable one, in the form our current Chief Justice Godfrey Chidyausiku.

Over the course of the last decade, the lack of independence and impartiality of the Judiciary, has been a major part of the democratic deficits that have been flagged in Zimbabwe. The argument has been made that the Judiciary in Zimbabwe since then ceased to be impartial, and became a willing political tool, with the purging of the bench between 2000 and 2002.

 The purge was followed by the promotion and insertion of at least 5 new judges thought to be politically pliable to the executive, and this thinking is further fortified by the “ illegal” and unilateral appointment of several High Court judges in December 2012. The appointments are argued to have been “illegal” and “ unilateral” in that the appointments were made without the Prime Minister being consulted, and without giving his consent, as is required by law, and as assented to by the governing authorities under the Global Political Agreement (GPA) of 15 September 2008.

These developments, amongst other matters, have led, especially on matters of rights and politics, to an almost total mistrust of the judicial system, and a lack of faith in the ability of the courts to be fair and just in the conduct of their business.

As we head towards a critical election, and given the polarized nature of our polity, it is not completely unforeseeable that the result of the next election maybe decided by the courts. In light of this, one cannot be faulted for thinking that the persecution, and vilification of Justice Hungwe, maybe be meant as an example, calculated to ensure that if that becomes a reality, the High Court and Supreme Court are manned by benches which are either malleable and can do the bidding of ZANU Pf. It seems also clear, that if malleability is not achieved, at the very least there will be  sufficient fear planted in them through being shown that, if you do not tow the correct political line, you will be forced off the bench.

The targeting of Justice Hungwe ensures that the already low justice bank, reaches new depths of bankruptcy. In my opinion, in the case of the sustained attacks on Justice Hungwe, there is nothing but prejudice and political interest, and that if these are removed, there will be nothing left.

A cursory search of judgments passed by Justice Hungwe on cases in which the state has had a political or economic interest, and his submissions and opinions on Independence of the Country (He is an ex-Combatant), independence of the War veterans Association (of which he was first President) and Independence of the Judiciary, will show that these sentiments have not been met with approval by those who believe that all these should be malleable tools in the hands of ZANU PF.

It is perhaps this more than anything else that may be suggested, that Justice Hungwe has found himself in the cross hairs of the partisan public media which has  turned him into ZANU PF’s enemy No. 1.

Judge Charles Hungwe - Argued to be one of the most independent judges on the bench. He is now being prepped for a Judicial "lynching".

As a born free, one wonders how this model citizen, who fought in our struggle for independence and freedom, had a career sterling enough as a lawyer to be appointed a judge, feels as he is sanctioned by some of his peers who were on the opposite side of the liberation struggle. It is common cause that some on the bench served as Members of Parliament and Ministers in Colonial Rhodesia, and Muzorewa’s short lived Zimbabwe-Rhodesia government.

But everyone has a past, and without seeking to malign the Judiciary, , it is not beyond imagining, that it is possible that, because of the huge debt of gratitude that suh people owe to ZANU PF, they may be over paying the debt through perpetuating a hostage crisis, in which political interests hold the judiciary hostage.

THe Hurried swearing In

After all, it was the current Chief Justice who chaired the Constitutional Commission from 2000, which had its draft constitution rejected after the Chief Justice, then Chairman, allowed the President to make 238 Executive Edits to the draft constitution. It is the same Chief justice, who from his current station, hurriedly swore in President Mugabe after the June 29 2008 electoral non-event, which everyone agreed could not qualify as a credible election, forcing the same President to get into a GNU with the two MDCs.

Judge President Chiweshe - Former ZEC Chairperson

We hear that Justice Hungwe was summoned before the Chief Justice and Judge President, which is as it should be under the circumstances. But it seems there is a Judicial Dynasty, that consists of a triumvirate of the The Chief justice, the Judge President and the Chairperson of ZEC, meant to deal with the electoral question. Zimbabweans would remember, especially as we head for an Election, that the Judge President George Chiweshe , is former chairperson of ZEC who for over a month, withheld the Presidential Election results of March 2008. The Judge President then was the ZEC Chairperson now, Justice Rita Makarau. The ZEC Chair in 2008, in a fantastic display of improved capacity delivered Presidential Results within 48 hours after the June 29 Run Off, leading to the stated hurried Swearing In of the President by Chief Justice Chidyausiku. Everyone has a past, and sometimes the past is best forgotten, but current form, where the Judiciary is concerned forces one to think back, to see if there is no pattern emerging.

Even Professor Jonathan Moyo, cannot fault the theory that, if as evidence shows, the Hegemony in the Judiciary holds itself in service to a Political party and Leader, that they would then try to exterminate those who don’t serve their interests, even with the help of the Professor.

Rita Makarau - Chairperson of ZEC and former Judge President - Is she part of a Judicial dynasty meant to preserve power for President Mugabe, or is she an Impartial abiter on Elections worthy of our trust?

Given the foregoing, it is very clear to me, that a lynch mob is being assembled and egged on by the State controlled media, for Justice Hungwe. The reasons for the lynching have more to do with Politics than Jurisprudence. The Political lynching of Justice Hungwe proves, what has always been argued, that the Judiciary is held captive by Political interests, and is far from independent, when looked at collectively. Given the damage that has already been done, this “judicial assassination” of Justice Hungwe, is only going to further lessen peoples’ faith and trust in the Justice delivery system.

In the Final analysis, every right thinking Zimbabwean agrees with the Law Society’s sentiments on the matter, that the Judiciary and Judicial actions are not beyond scrutiny, but that such scrutiny should be “ measured, tempered and based on fact and Law ”.  This however is not the case in the case of Justice Hungwe. There is nothing but prejudice and political interest in this case, if the prejudice and political interest are removed, you are left with nothing.

Justice Hungwe, through doing his job properly, impartially and independently, has earned the ire of powerful enemies and players. He however can rest assured that, most Zimbabweans understand that the attacks on him are a perfidy, that his cause is just, and supported by the people. Who by any measure are more important and powerful than any number of Ministers of Government put together, especially with election season beckoning.

The fight for judicial independence is not Hungwe’s alone, it is ours, and as we head for elections, this backlash against the impartiality and professionalism by Justice  Hungwe, will face the backlash to the backlash, this time from millions of Zimbabweans  .  

ZIMBABWE.... TRENDING TOWARDS THE PAST, WHILE KENYA LOOKS TO THE FUTURE

 ZIMBABWE.... TRENDING TOWARDS THE PAST, WHILE KENYA LOOKS TO THE FUTURE

The writing is on the wall, and it is written in a foreboding bright red colour almost akin to blood. While other nations are trending towards the future, it is clear that Zimbabwe is looking and heading backwards - trending towards the past. Any self-serving perceptions of reform, change and betterment that we have been holding on to because of the formation of the inclusive government and the interregnum provided for by the GNU are fast fading, as the beast of repression rears its ugly head yet again whilst attempts to ensure that Zimbabwe returns to the commonwealth of nations through norm compliance, fall flat on their face. 

Over the last couple of years, we have watched and revered in the ability of our fellow African nations to move their countries in a positive democratic trajectory. We have celebrated with the Zambians, toasted the Ghananians and now, hope with the Kenyans. We have marvelled at the democratic revolutionary zeal of our brothers and sisters in North Africa, and complemented their abilities to stand up to the bullies who dictated in their countries, in pursuit of a better future, which so many sacrificed their lives for, knowing that the path they would be taking would be hard and difficult. We have showered praises on every country in the SADC region (except for Swaziland) for their successes in moving beyond the first post independent republics, their abilities to change guard at Presidential and government levels, and the ability of the revolutionary liberation movements to transform themselves into modern, fairly democratic, adaptable political parties – not lost in the past but looking to the future.

 The democratic progress on our own continent has made sure, that those of us looking for good examples no longer have to cross oceans and seas for them, at the risk of being labelled imperialist lap dogs, but only have to cross the Zambezi into Zambia, the Limpopo into South Africa or make the much romantic trip to Ghana to find good case studies of democracy at work, in African countries. These are countries we should learn from since they nurtured our own struggle for independence, and gave us refuge, counsel, training and arms during our own struggle for liberation.

But in terms of contemporary politics, perhaps closest to our hearts, because of both imagined and real parallels, is Kenya. To a lot of people, Kenya’s political development is mirrored by Zimbabwe, because of myriad of reasons. Not least amongst these is our shared colonial heritage, and more recently, disputed elections which led to “Unity Governments”. Though the models and modes of intervention by the continent were different in both cases – easy parallels can be drawn. But the comparisons basically end there, and any attempts at likening political developments in Kenya to those in Zimbabwe, will be at worst, an exercise in futility, and at best, akin to high school science experiment, with Zimbabwe being the control experiment, where conditions for possible success are not put in, and where no hope of success exists.

Kenyans went to the polls on the 4^th of March 2013, and are eagerly and anxiously awaiting the final results of that election. As they do so, the horrors of December 2007 and January 2008 are foremost in their minds, and everyone is decidedly keen on not repeating that episode. They have counted the costs, and decided consciously and unconsciously that the country deserves better than that and are better than that. In stark contrast, in Zimbabwe the refrain, by ZANU PF supporters, that “ Zvikanetsa toita zvaJune” (If it becomes hard we will do what we did in June – a clear reference to violence perpetrated in the run up to the runoff election of June 2008), has been used far too often, and repeats of what happened during that gory period worth forgetting, have been commonplace during the life of the inclusive government.  This trending to a past worth forgetting, instead of looking to future with the nation at heart is beyond disturbing. What makes it possible however, is the fact that indeed what happened in June of 2008 is still not a closed chapter. In Kenya, many people have been held accountable for their actions in the violence that characterised the December 2007 post-election period. As we speak, the front runner in the Presidential Election, Deputy Prime Minister Uhuru Kenyatta of the Jubilee Coalition and his running mate William Ruto have been indicted by the International Criminal Court for sponsoring part of the tribal based anarchy that visited that country. In addition to the ICC process there have been national Peace processes including, the Truth Justice and Reconciliation process, National Peace meetings led by the Lutheran Church and the Kenya national; Dialogue and reconciliation processes.  In Zimbabwe you will be hard pressed to find someone who has been charged and or found guilty even by the Magistrates Court. The Organ on National Healing was rendered dysfunctional, while something akin to a truth, justice and reconciliation commission is only envisaged in a New Constitution, which is being promulgated days before an election.

The conduct of the polls in Kenya, so far, has been a source of pride not only for Kenyans, but for the continent. But how did they get there? Well, their Grand Coalition (Unity) Government was formed in April 2008, through facilitation by the African Unions envoy, former UN Secretary General, Koffi Annan. They went through a constitutional reform process led by a committee of experts tasked with putting together outputs from previous attempts, incorporate best practice and engage a broad spectrum of Kenyans. They prioritised this task, and did not see it as necessary evil to election, and by August of 2010 after 4 months of debate they had adopted it as the new constitution of Kenya, with an impressive 72.2% turn out. They then went about the process of realigning their laws to the constitution, putting in place an independent and credible Elections Management Body, and by September of 2012, even those of us who were not Kenyan knew that the Kenya election would be on 4 march and if there is no clear winner there would be a runoff on April 11.

In Zimbabwe, the opposite is happening. Our Constitution Making process, besides being plagued by genuine concerns around process, has been taking place for almost as long as the Inclusive Government has been in existence. Entrusted to politicians, it has been subjected to constant political haggling based not on what is best for the country, but what best suits the politicians in power. When they finally agreed on a draft that was palatable to all of them, the people where given a month to consider and pass a verdict on it. In that month, there hasn’t been any meaningful national debate on the draft. Engagements on it have been informed by parochial and partisan posturing by both those sponsoring it and those who stated from the onset that they would be against it irrespective of its content. 

The constitution has not been perceived as seminal to the country moving positively into the future based on a new constitutional dispensation. Instead, for ZANU PF it has been a necessary evil to move towards elections, which if they had a choice, would have dropped on day 1. While for the MDC T, they have romanticised it as political victory based on who introduced the agenda, and are hoping that like what happened in 1979, it will be a transitional instrument capable of ushering them into power. The MDC N, well, I think for them it is an instrument to facilitate, through its electoral mechanisms, their continued existence in the state, through attempts at proportional representation enshrined it, which favour smaller political parties have a stake in parliament, and also because of the almost even split amongst the 2 bigger political parties, some space in government by virtue of their smaller but tie breaking share of the vote. While all this is very smart from the political parties – they all get something out of this. The constitution itself has been reduced into an exclusive playbook for politicians, instead of being the binding charter and social contract between the governors and governed that it is supposed to be. One is forced to wonder, whether beyond these parochial partisan interests, this New Constitution can actually stop us from trending backwards and move towards a brighter future. Perhaps even more definitive in differentiating our political reality from that of Kenyans is in the time given to entrench the constitution before an election. The Kenyans took over 2 years to do this. Zimbabwe has given this task, at best 6 months, but more likely 3 months given all the talk about the possibility of a July Election. Zimbabwean elections? On what date? No one knows, but we are told they will be carried out this year.

The voter turnout in Kenya’s general election has been estimated at over 70%. The turnout is credited to a real interest by Kenyans in having their say on who governs them, but facilitated by a free electoral environment. An environment in which those campaigning were free to do so, had unfettered access to the media and communities, journalists could function without fear, and civil society could engage and train citizens on voter education without let or hindrance. Kenya boasts over 90 FM radio stations plus many other independent radio stations operating on short wave and AM. It has over 14 Television stations and at least 15 major newspapers plus other regional ones. In Kenya press freedom violations have been on the decrease.  Anyone and everyone in Kenya has been broadcasting results, tweeting retweeting, facebooking. Hell the IECB itself is streaming the results live. International observers from all over (an estimated 23,000 of them) are all over Kenya, testifying to the credibility of the election.

Now contrast that with Zimbabwe. There is little appetite to engage in public political process because of the violent character that is still a part of the DNA of our political processes, and apathy is likely to be the order of the day come referendum and elections should things not change. The operating environment is shrinking at an alarming rate, with limited access to the media for those who do not preside over the state, meetings on the constitution being barred by the police, and NGOs being persecuted and raided by the police at a rate of about 1 organisation per week since the year 2013 began, with the governor of Masvingo, Titus Maluleke not appreciating that slow rate choosing instead to group over 20 organisations at a time, and reading them the riot act and placing unreasonable requirements of accountability to him. To crown it all off, the President of the Country, through his Minister of Foreign affairs, clearly thinks that the Presidents birthday party will continue until year end and that the elections are a part of it (where they can pick and choose who comes based on their affinity for the President), and have vowed not to invite observers from countries that are not their friends. We understand that only Africans will be allowed to monitor both the referendum and the elections. The Police have joined into the backward trending by engaging in partisan policing, reducing people’s access to information through banning radios. Really, who does that?

Political Violence and intimidation are on the rise and they are real. The President may be sarcastic about it and say people are blaming all and any deaths on ZANU PF, but the reality is that denying the existence of politically motivated violence and intimidation is akin to denying that the President is 89. It’s a stubborn fact, which instead of being wished away needs to be dealt with decisively in order for polls to have even a modicum of legitimacy. The above assertion, however assumes that all in government are pursuing the same objectives. Not really, save for the shared intention to take over state power from the inclusive set up to one political centre.

 Those who have a thicker microscope than mine can write acres of text on the parallels between Kenya and Zimbabwe. But the sad reality is that, while the people of Kenya are waving the white flags of peace, in Zimbabwe you can hear the loud howls of war. While the people of Kenya are writing about progress and peace on the walls, for Zimbabwe the writing on the wall is an ominous message spelling doom, destruction and political stagnation. While Kenya and most parts of the continent are trending towards the future, Zimbabwe is clearly trending towards the past. It’s eerie, but it’s not too late to change course. Zimbabwe can be great again, but at this time, the great Zimbabwean hope lies in a credible, free and fair election – which is slowly becoming a pipe dream in Zimbabwe.