A question I asked myself after pondering over the answers
by Justice Chigumba in the interview, is the ZEC chairperson or ZEC itself free
from government control and by extension free from Zanu-PF control? I looked to
my past accounting studies for the definition of independence:
Independence is: (a)
Independence of mind – the state of mind that permits the expression of a
conclusion without being affected by influences that compromise professional
judgment, thereby allowing an individual to act with integrity, and exercise
objectivity and professional scepticism; (b) Independence in appearance – the
avoidance of facts and circumstances that are so significant that a reasonable
and informed third party would be likely to conclude, weighing all the specific
facts and circumstances, that a firm’s, or a member of the audit or assurance
team’s, integrity, objectivity or professional scepticism has been compromised
(CODE OF PROFESSIONAL CONDUCT FOR CHARTERED ACCOUNTANTS)
In the insurance industry when it comes to a tricky claims adjudication that may or not involve non disclosure of material facts presented before an insurance contract was entered into , we have a similar measure simply called a reasonable man test. In simple terms would mean, if you call an ordinary and neutral person and present the facts of the scenario to him or her what would their interpretation be of the question asked at inception stage and the answer provided e.t.c? Given the conduct of ZEC would one say they are independent and care about competence. My impression is that the conduct of ZEC does not inspire confidence and they are not truly independent of Zanu-PF. Hopefully with the advent of social media citizens will be able to continue exposing any weaknesses in their systems and their conduct and shining light on all the deeds being done in the dark.
In the insurance industry when it comes to a tricky claims adjudication that may or not involve non disclosure of material facts presented before an insurance contract was entered into , we have a similar measure simply called a reasonable man test. In simple terms would mean, if you call an ordinary and neutral person and present the facts of the scenario to him or her what would their interpretation be of the question asked at inception stage and the answer provided e.t.c? Given the conduct of ZEC would one say they are independent and care about competence. My impression is that the conduct of ZEC does not inspire confidence and they are not truly independent of Zanu-PF. Hopefully with the advent of social media citizens will be able to continue exposing any weaknesses in their systems and their conduct and shining light on all the deeds being done in the dark.
The more Justice Chigumba tried to explain the Bulawayo
Postal voting the more I became worried, she kept on saying it is the law and
it got me thinking. For god’s sake the justice is different from other people
who have presided over our election since 2000, people such as Mariyawanda
Nzuwa and Tobaiwa mudede, she is actually a judge of The High Court whose job
is to interpret laws and deliver impartial judgements. My understanding is that
Zimbabwe is a constitutional democracy and hence we have constitutional sovereignty
and not parliamentary sovereignty. In simple terms it means laws passed by
parliament such as the electoral laws if they violate the constitution they can
be declared as invalid by our courts. This insistence of, “ it’s the law “, sounds
hollow as we have heard it before for example Slavery was legal, Apartheid was
legal and Holocaust was legal. As the
Justice herself does she think the process is fair and what is she doing to
bring about confidence in the whole process?
Let us remind ourselves how we got here. On the morning
Saturday 18 November 2017, I landed in Harare to a different atmosphere.
Finally Robert Mugabe was on his way out and there was no going back. In the
afternoon, I also participated in the demonstration to State House and it was a
time of great hope. Zimbabweans of all social classes and races came together
that day to demand Mugabe’s resignation. People were carrying photos of
Emmerson Mnangagwa and General Chiwenga. These were our heroes as they were
finally helping us to get rid of Robert Mugabe. Millions of Zimbabweans were
resigned to the fact that Mugabe would rule us until his death and his crazy
wife Grace Mugabe would take over and there was nothing anyone could do so we
thought until the generals rolled military tanks on the streets of Harare.
There was so much goodwill for Mnangagwa and Chiwenga the heroes of the moment.
The biggest opposition to Zanu-PF rule has always been the
economy so many people assumed that when Mnangagwa became president he would
put together a unity government for a few years and sort out the economy. In true
Zanu-PF arrogant style he retained much of the dead wood from Mugabe era in the
cabinet and put back Chinamasa in finance and announced that the 2018 elections
would go on as scheduled. Chinamasa and Mangudya the authors of the bond note
were now back in charge. The decision to introduce bond notes was not a
considered decision as it has created more problems for the economy and I still
maintain that it must be scrapped (http://kanyokad.blogspot.com/2017/12/why-zimbabwe-needs-to-discard-bond-note.html
. With elections around the corner it means money has to be found for
campaigning, money that the country does not have. We saw chiefs getting new cars,
increments for civil service, funding ZEC and a lot of other spending by the
government. The budget deficit is getting wider and we are back to the Mugabe
way of managing the economy.
The transfer rate in Zimbabwe is almost 1:2 and prices are
rising in tandem and it might get worse and one is reminded of the immortal
words from the late Morgan Tsvangirai, “Zanu-PF can rig the election, but they
cannot rig the economy”. Now Zanu-PF is panicking but the problem is of their
making. For money to pour into the country the elections must be free and fair
but on the other end a free election means that Zanu-PF might lose power. How
can a person sleeping in bank queue day in and day out vote for Zanu-PF. Already
the election is not really free when one considers that millions of Zimbabweans
will not be allowed to vote unless they come back to Zimbabwe. ZEC already is
showing the whole world that it is not impartial.
Over the weekend I had a twitter exchange with a comrade and the
consensus was whoever wins must win outright in the first round because if this
election goes to a run off, the military will remove their mask and there will
be pain.
I have to say I do not feel sorry for Zanu-PF as they are
clearly panicking but this is of their own making. All I have to say to about
ED, akarumwa nechekuchera, he thought he held all the cards. If he wins a
disputed election there won’t be meaningful investment both from the
international community as well as the diaspora community. Who wants to pour
their hard earned money in a failing economy? I was not going to vote for Chamisa
as he is clearly not qualified but now these are not normal times. If he wins
he must assume power and our country can move forward.
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