Alex Magaisa

Alex Magaisa is a senior lecturer at the Kent Law School. Prior to joining KLS, he worked for the Jersey Financial Services Commission, the financial services regulator in Jersey. His research interests lie mainly in financial services regulation, law of corporate groups and the effects of IP Laws on developing countries. Alex takes a keen interest on legal and political issues pertaining to Zimbabwe and Africa generally.

Is Tsvangirai villain of the piece?

I WRITE not in defence of Prime Minister Morgan Tsvangirai. I write not to excuse the man’s alleged failings for, indeed, no man is infallible. I write, however, to put events of the last quarter into perspective.

 

Tsvangirai has come under some sharp criticism in recent weeks. The unity government has had mixed fortunes, weighing heavily south of average. The mayhem on the farms, the arrests and harassment of activists, the refusal to give ground on the notorious ‘outstanding issues’ have all conspired to cast a dark shadow on the prospects of the new administration.

 

Tsvangirai seems powerless and helpless in the relentless pressure and domineering shadow of President Mugabe and his associates.

 

Regular readers of this column will know by now that I am a boxing enthusiast – not that I could ever step into the ring myself, no. In that sport, I almost always find myself in favour of the underdog; the one on the receiving end. I admire their courage and feel for them when they are down. Perhaps that’s why I am uncomfortable with the kind of vitriol that has been directed at Tsvangirai. Perhaps that’s why I feel for him on this occasion. To my mind, some of the criticism has been harsh, almost to the point of vilification.

 

It’s as if the man has not tried. It’s as if he is the villain of the piece. There is, in the criticism an unfortunate tendency to shift responsibility from the real authors of the troubles plaguing Zimbabwe.

 

I must admit that I have, from the outset, had some sympathy for the decision taken by Tsvangirai and the MDC to join the government in February this year. I am painfully aware of the scepticism that greeted that decision. The scepticism was not without reason. It was a hard decision; a great risk which could yield either enormous success or catastrophic failure.

 

I doubt that Tsvangirai and his colleagues were unaware of the enormity of that risk. But I also believe that the decision they took was made honestly and in good faith believing it to be in the best interests of the nation. It may be fair if someone accused them of lacking good judgment, but I do not think their honesty and good faith can be questioned.

 

The situation in Zimbabwe was desperate. People wanted some respite but the options were severely limited. None of the critics offered a viable alternative other than the ‘tongai tione’ view, oblivious of the fact that this has been the approach all these past years, which had yielded very little good and great suffering. It was time to try something new.

 

Of course, fervent critics today have one circumstance in their favour. It is the advantage of the unknown which avails them room to speculate about what might have been. It is that no one knows for sure and no one will ever know what might have happened had that momentous decision not been taken in February 2009.  It is easy to speculate. Tsvangirai and his team have to live with the reality but at least they did not shy away from making that decision.

 

It is incredible that they can be blamed for seeking to get the ‘outstanding issues’ resolved. Surely, if those issues were irrelevant, the other party would not be refusing to budge? How can it be that one who is seeking to get matters resolved is blamed for it, whilst those refusing to budge seem to get a bye from the critics?

 

Honest and fair critics have to take into account the other possibility – the potential that the situation could be worse – that Zanu PF could still be on a solo-flight to the unknown; that the repression could be worse; that indeed, the situation could be no better than it is presently.

 

One has to look at the bigger picture; to see this as a process and one that will meet stiff resistance. It is fanciful to think that the resistance could be overcome in a single quarter.

 

Surely, Tsvangirai must be just as frustrated at the slow pace of change as his critics are. He has been criticised for acting like Mugabe’s public relations officer; for trying to rehabilitate a severely and irreparably broken image. Is he really as ignorant as his critics allege?

 

To my mind, Tsvangirai has taken the harder option. It would be very easy for him to publicly criticise and vilify Mugabe. If he wanted to be populist, he would simply speak the language that he is used to from his days in opposition. People would cheer, but then what? The strategic position he has now does not afford that luxury of populist chants. He may well be mistaken but I do not think one can question the genuine belief in trying to do the right thing for Zimbabwe. 

 

Then again, there is a tendency to shift responsibility; to find culpability beyond one’s own acts or omissions. Critics, even supporters, speak of the MDC as if it were an entity that only consists of the leadership. Hence some will say that the MDC has failed. Surely, the MDC is the larger collective of the leadership and its supporters?

 

If a supporter says the MDC has failed, where does that supporter locate himself? If a citizen says Zimbabwe has failed, where indeed does that citizen locate himself? It is a matter of individual and collective responsibility.

 

It is against this background that one is reminded that the unity government is not a creation of Tsvangirai, Mugabe and Mutambara. It is a creation of the people of Zimbabwe. That old and often-quoted cliché rings true – people get the government they deserve.

 

As for Tsvangirai, he and his colleagues have the unenviable task of introducing new tricks to an old dog. I am reminded of the challenges faced by the farmer when he tries to train his young ox in preparation for the farming season (kupingudza mombe). It is a delicate and unpredictable task, one that can have hazardous consequences.

 

The challenge is even worse if the ox has passed a certain age. The old ox will lie down and refuse to move. It will be lazy and tired and won’t want to work. It wants to be left alone to graze in the green fields. It will be set in its ways.

The farmer has to be careful and patient with the young one. The farmer must make sure the sharp tips of the horns are cut because the ox can be hostile and dangerous when it attacks. The farmer must exercise extreme caution.

 

If he approaches from behind, it can kick out ferociously with his hind legs. If he approaches from the front it can charge at him viciously. He has to coax him with incentives – offer a maize cob or two and then catch him unawares. Even when he has managed to harness it, he has to be careful because it can run amok with the yoke on its shoulders charging at everything in its way.

Sometimes it will just drop on its knees and refuse to get up. The farmer has to use the carrot and stick – threaten it a bit or give some incentives. Sometimes it works sometimes it doesn’t but the farmer must never tire. He has to keep trying. He may have to send it to an expert who knows best how to handle the untrained ox.

I do not for a moment try to make excuses for Tsvangirai. As regular readers know, I firmly believe that politicians must be kept on their toes but it must be fair, honest and constructive criticism.

 

Tsvangirai might well leave the stage today but I doubt that anyone who would step into his shoes will find the challenge any different than it is now. Like the farmer, they will find the challenge of training the ox, let alone one that is set in its ways, equally daunting.

 

I’m probably wrong in all this. Then again, I always had a weakness for the underdog. I do not think he has failed, yet. But if he has, then we all have, because we are the collective authors of our own fate.

 

Alex Magaisa is based at the University of Kent Law School and can be contacted at wamagaisa@yahoo.co.uk

  • Shine

    While I would not disagree or agree with you, I would like to say most us like to comment on the results rather than looking for the cause. This actually gives us a blurry and distorted picture of these developments. I really think we need to be able to diagnose the cause in order to understand what’s going on.
    One issue that is of major concern to me is the correlation of countries that had ideologies related to east and dictatorships, one party states, violation of social justice and unethical practices. Now this idea of democratic institutional engineering in Zimbabwe through the GNU is a danger to the Zimbabweans. The danger being that Mr Tsvangirai and his colleagues who are in the GNU have become part of a policy community with ZANU and they will serve us with a diet of all kinds of things that look like they doing something yet there is nothing. Whatever they are doing, they are doing it for themselves not us; however they are doing it in the name of us. To me for such a person there is no failure because at the end of the day he gets his millions and eats his square meal which is actually his objective but when in public its different story.
    Evidence tells me that most of the post communist, dictatorships and authoritarian states that have used institutional engineering have reinforced and protected the elites. Zimbabwe is at a very dangerous stage where we might never see democracy again but a facade or a managed democracy. I think we can safely say good bye to democracy and hello to elitism and oligarchy

  • Shine

    While I would not disagree or agree with you, I would like to say most us like to comment on the results rather than looking for the cause. This actually gives us a blurry and distorted picture of these developments. I really think we need to be able to diagnose the cause in order to understand what’s going on.
    One issue that is of major concern to me is the correlation of countries that had ideologies related to east and dictatorships, one party states, violation of social justice and unethical practices. Now this idea of democratic institutional engineering in Zimbabwe through the GNU is a danger to the Zimbabweans. The danger being that Mr Tsvangirai and his colleagues who are in the GNU have become part of a policy community with ZANU and they will serve us with a diet of all kinds of things that look like they doing something yet there is nothing. Whatever they are doing, they are doing it for themselves not us; however they are doing it in the name of us. To me for such a person there is no failure because at the end of the day he gets his millions and eats his square meal which is actually his objective but when in public its different story.
    Evidence tells me that most of the post communist, dictatorships and authoritarian states that have used institutional engineering have reinforced and protected the elites. Zimbabwe is at a very dangerous stage where we might never see democracy again but a facade or a managed democracy. I think we can safely say good bye to democracy and hello to elitism and oligarchy

  • Collen Madziva

    I would like to agree with you that Mr Tsvangirai had to do something different but don’t you think that themove guaranteed Mugabe’s stay in power? Options were limited I agree however I do not think the move to dine with Mugabe was the best option available. We all know the problem in Zimbabwe is that there is no Constitution. The way to go was to have the Constitution straight and hold an election. Now most people are quick to say that needs Congressional approval and the President’s signature but I beg to differ. First we have to agree that after March 29 2008 we did not have a president. The was no government until February. The people who signed whatever they signed into law were illegal because they did not have any authority to do so. Truth be told those who were claiming to be in such positions had no power if there were challenged. One thing that I agree and praise Mr Tsvangirai is that he stood up to Mugabe although he did not fight all the way. “Tongai tione” brought Mugabe to the table because he realized that MDC had no stomach for a fight even when they had all the reasons to fight. Infact “tongai tione” was throwing in the towel if you want to put it that way. There is no reason why MDC had to wait for Mugabe to come up with some furge factor to cut the MDC’s percentage points to below 50%. Mugabe knew that he lost and MDC had no business going to a run-off. If they were following the Constitution bailing out is not in the Constitution however thats what happened. Why following parts of the constitution and disregard some if there was a constitution to talk about. ZEC officials failed to explain why a run-off was not going to take place in the stipulated time and said what was in the constitution was “ambitious” so they had to disregard the time frame, what was that? So are we guaranteed that this next time Mugabe will concede and go home and the constitutionwill not be “ambitious” this time around? They are using the same document they call Constitution that they are ammending to suit what they want. They might as well say the position of President is not going to be on the ballot and Tsvangirai and company will sign it. If they were serious about power sharing why did they keep two VPs? Does the position of VP have the same authority as DPM? I know president is not = PM. The ammendment was made to accomodate Tsvangirai not power sharing as we are told.When is Zimbabwe going to have 1 President and 1 VP? I agree that a decision had to be made but the one made by Save and team was not the best one. Save vakakanganwa kuti ukadziya moto wembavha newewo unonzi wave mbavha. Its hard to distinguish policies made by MDC and ZANU in this Inclusive Government. Mr Magaisa you know something about law, the use of language and do you see anything sinister in Inclusive Government vs Interim Government? Why is Mugabe always refer the government as “Inclusive” but yet elections are supposed to be coming within 18months? He is not making bold statements about anything while Mr Tsvangirai is making bold statements. Do you see how Mr Tsvangirai is being used to gain political mileage?It could have been much better if Save was out of it because Mugabe was cornered. He had no choice but to call an early election. Now we are being fed on a half baked cake, mainly because we did not know how long the power supply was going to last since we are in Zimbabwe where the next second with power in the house is not promised. If MDC had to negotiate what is Mutambara and Company doing in the Inclusive Government? If Save was serious about power sharing where is Makoni and the other presidential candidate? At least Makoni and the other guy stood up not Mutambara. Now Mutambara is making decisions on the future of the people who rejected him on ward level. I like to agree that a decision had to be made but Mutambara does not have anything with power sharing. How does Mutambara see eye to eye with somebody who beat him in Zengeza? I still think this is just another wasted time for Zimbabweans. How many violations have Mugabe made so far in this political arrangement? What will stop him to do the same come election day?I agree that Save took a chance but the move is jumping from 100 feet cliff hoping for a miracle. There is know way Save can trust someone who had tried to take his life twice. Save vakakoniwa.

  • Collen Madziva

    I would like to agree with you that Mr Tsvangirai had to do something different but don’t you think that themove guaranteed Mugabe’s stay in power? Options were limited I agree however I do not think the move to dine with Mugabe was the best option available. We all know the problem in Zimbabwe is that there is no Constitution. The way to go was to have the Constitution straight and hold an election. Now most people are quick to say that needs Congressional approval and the President’s signature but I beg to differ. First we have to agree that after March 29 2008 we did not have a president. The was no government until February. The people who signed whatever they signed into law were illegal because they did not have any authority to do so. Truth be told those who were claiming to be in such positions had no power if there were challenged. One thing that I agree and praise Mr Tsvangirai is that he stood up to Mugabe although he did not fight all the way. “Tongai tione” brought Mugabe to the table because he realized that MDC had no stomach for a fight even when they had all the reasons to fight. Infact “tongai tione” was throwing in the towel if you want to put it that way. There is no reason why MDC had to wait for Mugabe to come up with some furge factor to cut the MDC’s percentage points to below 50%. Mugabe knew that he lost and MDC had no business going to a run-off. If they were following the Constitution bailing out is not in the Constitution however thats what happened. Why following parts of the constitution and disregard some if there was a constitution to talk about. ZEC officials failed to explain why a run-off was not going to take place in the stipulated time and said what was in the constitution was “ambitious” so they had to disregard the time frame, what was that? So are we guaranteed that this next time Mugabe will concede and go home and the constitutionwill not be “ambitious” this time around? They are using the same document they call Constitution that they are ammending to suit what they want. They might as well say the position of President is not going to be on the ballot and Tsvangirai and company will sign it. If they were serious about power sharing why did they keep two VPs? Does the position of VP have the same authority as DPM? I know president is not = PM. The ammendment was made to accomodate Tsvangirai not power sharing as we are told.When is Zimbabwe going to have 1 President and 1 VP? I agree that a decision had to be made but the one made by Save and team was not the best one. Save vakakanganwa kuti ukadziya moto wembavha newewo unonzi wave mbavha. Its hard to distinguish policies made by MDC and ZANU in this Inclusive Government. Mr Magaisa you know something about law, the use of language and do you see anything sinister in Inclusive Government vs Interim Government? Why is Mugabe always refer the government as “Inclusive” but yet elections are supposed to be coming within 18months? He is not making bold statements about anything while Mr Tsvangirai is making bold statements. Do you see how Mr Tsvangirai is being used to gain political mileage?It could have been much better if Save was out of it because Mugabe was cornered. He had no choice but to call an early election. Now we are being fed on a half baked cake, mainly because we did not know how long the power supply was going to last since we are in Zimbabwe where the next second with power in the house is not promised. If MDC had to negotiate what is Mutambara and Company doing in the Inclusive Government? If Save was serious about power sharing where is Makoni and the other presidential candidate? At least Makoni and the other guy stood up not Mutambara. Now Mutambara is making decisions on the future of the people who rejected him on ward level. I like to agree that a decision had to be made but Mutambara does not have anything with power sharing. How does Mutambara see eye to eye with somebody who beat him in Zengeza? I still think this is just another wasted time for Zimbabweans. How many violations have Mugabe made so far in this political arrangement? What will stop him to do the same come election day?I agree that Save took a chance but the move is jumping from 100 feet cliff hoping for a miracle. There is know way Save can trust someone who had tried to take his life twice. Save vakakoniwa.

  • wellytough

    well,change does not come overnight Magaise this is what Obama has come to realized in the whitehouse.So is the some in Zimbabwe, change shall come but not at the speed everyone is looking for.I say in five to ten yrs time people will look back and say if it wasn’t because of that day when the new government was formed things could not have been different today.This is a step by step game and its not a sprint but a marathon

  • wellytough

    well,change does not come overnight Magaise this is what Obama has come to realized in the whitehouse.So is the some in Zimbabwe, change shall come but not at the speed everyone is looking for.I say in five to ten yrs time people will look back and say if it wasn’t because of that day when the new government was formed things could not have been different today.This is a step by step game and its not a sprint but a marathon

  • Anonymous

    munongotaura muri kunze kwenyika nekuti hamuna kuiona nhamo. regai vakaiwona nhamo yacho vachinje maitiro.

  • Anonymous

    munongotaura muri kunze kwenyika nekuti hamuna kuiona nhamo. regai vakaiwona nhamo yacho vachinje maitiro.

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