I regret that I am unable to attend the meeting. However I am of the view that the topic being discussed at this meeting is of such great importance to the future of the MDC that I have requested that this statement be read out on my behalf at the meeting.
The MDC’s commitment to nonviolence, demonstrated so powerfully in the last six years, has earned us deep respect both within Zimbabwe and internationally. It has ensured that we command the moral high ground. It has also been our most powerful weapon against ZANU PF as we have been determined not to fight them on ground they are familiar with.
The attempted murder of the Director for Security last year and the assaults on loyal members of staff in May constitute the most serious assault on the credibility of the MDC since it was established in September 1999. These actions have already seriously undermined the credibility of the MDC.
I believe that our commitment to nonviolence is so fundamental that extraordinary measures need to be taken in dealing with this scourge. If we do not send out a clear and unequivocal message to Zimbabweans in general and in particular to our own members and staff that violence will not be tolerated then we will simply reduce the standing of the MDC to that of our opposition ZANU PF.
Zimbabweans are looking for a new beginning. They are looking for a break from the past; a past that is littered with violence. Violence has been used for over 100 years in this country to achieve political objectives and more than anything else it is responsible for the catastrophic state we find our country in today.
At the meeting of the National Council held on the 25th of June a report was tabled by the Management Committee recommending the expulsion of a variety of people found to be involved in the acts of violence that have beset the MDC in the last six months. It is important that those recommendations be implemented immediately.
However, I cannot believe that the youths involved in these despicable acts acted independently. It is common cause that they were unemployed and it is equally clear that they had access to substantial funding. That money must have come from people with access to resources. The instructions to act must have come from people within the Party as no-one else would have the detailed knowledge the youths had access to. In expelling the youths and relatively low ranking members of the security team we have only dealt with the symptoms of the problem, not its root cause.
I am not privy to the evidence that was considered by the Management Committee in making its report. It is abundantly clear to me that the Management Committee either did not manage to find out who instigated these acts of violence or it chose not to reveal those responsible. I cannot believe the latter. However, whatever the case the fact is that there has been an inadequate investigation into who was behind the violence.
At the National Council meeting on the 25th of June it was suggested that concerns regarding “grey areas” (in essence meaning the investigation into who was behind these acts) should be directed to the Secretary General for the Management Committee to investigate. In my view that is an unacceptable method of handling this problem.
Regrettably, it is clear to me that the Management Committee itself is not of one mind regarding this issue. Because of that alone it was an inappropriate organ of the Party to conduct these investigations. It is common cause that the principal reason behind the violence was an alleged power struggle within the Management Committee. For that reason alone the Management Committee should not have conducted the investigation. They were in fact judges in their own cause. Furthermore it seems to me that Article 10 of the Constitution was breached in that the Disciplinary Committee was not asked to investigate the issue. Of course I recognise that the Vice President is also Chairperson of the Disciplinary Committee and to that extent it would also be inappropriate for him to sit on the Disciplinary Committee. However, I see no reason why he could not have recused himself and the investigation could have been conducted by the other 3 members.
The fact remains that in terms of our Constitution it is the Disciplinary Committee that should investigate this matter and make recommendations in terms of Article 10 to reprimand, fine, suspend or expel any members found guilty of conduct unbecoming and prejudicial to the interests or reputation of the Party.
I believe that any member of the MDC or staff member who is found to have been involved in any way, either directly or indirectly, with these acts of violence should be expelled from the party. At the National Council meeting I noted that at least one member of staff was found to be sympathetic to the youths guilty of acts of violence. In my view there is no place in the MDC for any people who are even willing to consider using violence as a means to achieve political ends. In stating this I should stress that we are not bound by any criminal or civil law burdens of proof. This is an extremely important issue and if any reliable evidence is found connecting any person in any way with these vile acts then they should be expelled. If we do not send such a clear and unequivocal message then we will forfeit the moral high ground we have occupied.
Accordingly I propose that the Disciplinary Committee should immediately be tasked with conducting a thorough, and urgent, investigation to establish who was behind the acts of violence.
Sadly this issue has already been very divisive. At the conclusion of the National Council meeting the President appeared to announce that the Management Committee was going to be dissolved. It is important to remember that the establishment of the Management Committee was a decision of the National Executive, which delegated its administrative authority of the Party to the Management Committee. Accordingly, it is only the National Executive that can revoke the establishment of the Management Committee. Likewise it is only the National Executive that has the authority to reconfigure the Management Committee.
It is apparent to me that all is not well within the Management Committee. Whilst that may be the case it seems to me that the Management Committee has an obligation to resolve whatever differences exist amongst them. In this regard the President and the Vice President have a particularly important role to play in uniting the Management Committee. If this unity cannot be achieved then clearly the only other option open to us is to revert to monthly meetings of the National Executive Committee in terms of Articles 5.4.7. and 5.4.8.
The National Executive Committee is comprised of 22 members and one half of its membership shall constitute a quorum. In other words it should not place too much of the burden on the party for the National Executive Committee to meet in this way.
What is abundantly clear is that any other arrangement will be unconstitutional.
Accordingly, I propose that the present Management Committee should be retained. If that is found by the meeting to be impractical then the original resolution delegating authority to the Management Committee should be revoked and the Party should be run by the National Executive Committee henceforth.
I am deeply concerned about the persistent allegations that Morgan Tsvangirai’s leadership of the MDC is under threat and that Welshman Ncube is vying to be President. This of course has been a persistent line taken by The Herald for several years and no doubt is a tactic of ZANU PF. Anyone with the slightest bit of intelligence will know that there are only two people at present in Zimbabwe who have sufficient name recognition and national support to run effectively for President, namely Robert Mugabe and Morgan Tsvangirai. Within the MDC only Morgan Tsvangirai has sufficient stature to contest the presidency. Welshman Ncube knows that; I know that. Those within the party who seriously suggest that Morgan Tsvangirai’s presidency is under threat are either being deliberately mischievous or simply do not understand basic political reality within Zimbabwe.
In this regard I conclude with an appeal to President Morgan Tsvangirai. The present dispute in essence is rooted in the allegation that your presidency is under threat. It is not; at least it is not from the likes of Welshman Ncube who is far too intelligent to entertain any thoughts of seeking the presidency. Ironically the greatest threat to your presidency comes from the very people who are apparently suggesting that somebody else wants the job. It is time for you to demonstrate the superb leadership qualities that you have exercised in the last five years. I ask you to carefully consider all those members of the National executive and others who have a loyally served you and the MDC since September 1999. I ask you to consider what those people have actually done not what others say they desire.
I find it ironic that at the very time we have ZANU PF on its knees and seriously divided, we ourselves appear to be intent on tearing up everything we have worked so hard to build up over the last few very difficult years. I urge you to realise that at this moment when victory is within our grasp you are still supported by an overwhelming majority. That support will only be undermined if you fail to act in a determined and bold fashion to root out those responsible for the despicable actions that have bedeviled the MDC in the last few months.
David Coltart
Secretary for Legal Affairs
Bulawayo
14th July 2005.