Sibanda: Tsvangirai in breach of constitution

Sibanda: Tsvangirai in breach of constitution

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ZIMBABWE'S opposition Movement for Democratic Change is riven by internal divisions over whether or not the party should enter senatorial elections next month. In a statement released Wednesday evening, MDC Vice President Gibson Sibanda fell short of calling for the impeachment of the party's leader Morgan Tsvangirai for subverting the party's constitution. We reproduce Sibanda's full statement below:

THE current crisis in the MDC is the culmination of sad events in the party since the beginning of the year.

The first incident occurred when a certain section of the party sponsored some unruly youths to engage in violent activities against senior national and provincial executive members of the party. An inquiry was conducted and it revealed the close involvement of the president’s office culminating in National Council taking a resolution to expel these youths from the party.

The National Council also resolved to dismiss Washington Gaga and Nhamo Musekiwa, who were working as bodyguards in the president’s office, after they were found to have been responsible for coordinating the violent activities of these youths.

In clear violation of the Council’s resolution, the president went on to reengage these two officers. The Council had also resolved that some of the officers in the president’s office who had been implicated in the violence should be investigated and to date this has not taken place and the mastermind of the violence seem to have been protected by the president.

Prior to the National Council meeting held on 12 October 2005 the president announced that the decision on whether the MDC should participate in the Senate election would be made at the next National Council meeting. At this meeting, the Council decided by a majority of 33 to 31, with two spoilt papers, to participate in the election but the president refused to accept the outcome of this democratic vote, even though he, himself had immediately prior to the vote being taken, implored all members of the council to accept and defend whatever outcome would come out of the voting process.

After the meeting, the president addressed a press conference at which he misrepresented the outcome of the Council meeting by saying that there had been an equal number of votes on either side and that there was a deadlock; he had to use his casting vote in favour of a boycott of the Senate elections. (It should be noted that even if there had been an equality of votes, the president does not have a casting vote as section 5.4.9 of the constitution provides: “All decisions of the National Council…..shall be by simple majority provided that in the event of an equality of the motion shall be lost.”

Subsequently, the president has continued to take action which is in conflict with the decision taken by the National Council. This action includes the following:

¨ Writing to all party provincial chairpersons instructing them to ignore a letter written by the party’s deputy secretary general instructing provinces to start selecting candidates for the upcoming senate election.

¨ Writing to the Zimbabwe Electoral Commission misrepresenting the party by saying that it had resolved not to participate in the Senate elections and calling upon the Commission to register as independents anyone from the party purporting to stand in the name of the party.

¨ Addressing meetings around the country to tell people that the MDC was not participating in the Senate election.

The president himself uttered threats and allowed other office bearers to utter threats against a number of party office bearers who had opposed his view that the MDC should not participate in the Senate elections. The president also issued disparaging statements against members of the National Council who had voted in favour of participation.

By his actions, the president has wilfully violated the Constitution of the MDC and breached its provisions. Although the President of the MDC is mandated by clause 6.1.2 of the MDC Constitution to act as party spokesperson on major policy issues, and participation in Senate election is such a policy issue, the proviso makes it crystal clear that, when exercising this power, he may not do anything “contrary to the Party’s principle of open, transparent and democratic decision making.”

By acting as above, the president violated the under listed sections of the constitution as provided below:

4.4 Every member shall have the duty:

(a) To accept and conform to the constitution…

6.1.1 It shall be the duty of the president

(a) To uphold and defend the Party Constitution;
…
(d) To promote the principles of democratic discourse and participation and equality of all members within the party;
…
6.1.2 The president; shall in general act as a spokesperson on major policy issues and shall be the principal public representative of the party, provided that nothing in this section shall be construed as empowering the president to act or do anything contrary to the party’s principle of open, transparent and democratic decision making.

Codes of Conduct

9.1 All office bearers shall comply with the Code of Conduct for all Office Bearers of the party.

Code of Conduct for all Office Bearers of the Party

2. Such members shall conduct themselves with the highest standards of personal integrity and honour and shall not involve themselves in dishonourable conduct.

The MDC was founded on principles which include democracy, freedom, transparency and justice. The party is determined to uphold these principles and values and will not allow one person or a group of persons to destroy them.

Gibson Sibanda is Vice President of the Movement for Democratic Change
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