David Coltart

On July 20, President Mugabe, in his speech marking the opening of parliament, announced that a number of electoral reforms would be introduced that would level the electoral playing field. Mugabe and Zanu PF disingenuously claimed that these reforms (including the establishment of a new Zimbabwe Electoral Commission, the reduction of polling days from two to one and the counting of votes at polling stations) would address the Movement for Democratic Change (MDC)’s demands.

As we said at the time, these proposed reforms only partly address our minimum standards pertaining to improving the transparency and fairness of procedures governing the polling day. On the whole, they are woefully inadequate and fail to even touch on the crucial issue of opening up the political space and ending political violence.

What the ruling party’s proposals clearly demonstrate is that they view an election as an event as opposed to a process.

It is this politically expedient definition of what constitutes an election that received an unequivocal “yellow card” at the Sadc summit in Mauritius. The comprehensive set of guidelines and principles that were agreed upon in Mauritius captured the essential elements of our blueprint, “Restore”, in particular the recognition that a free and fair election is not possible when the political space has all but been closed down. This was a symbolic victory for the MDC.

When Mugabe signed the protocol he was technically committing himself to implementing the MDC’s minimum standards. In theory at least, our “yellow card” in the form of Restore produced a very positive result indeed. The reality, however, is different. In the immediate aftermath of his return from Mauritius, Mugabe and his regime quashed any hopes that they would act in the spirit and letter of the agreement by gazetting a draft NGO Bill containing provisions which continue the government’s determination to crush all organised centres of opinion opposed to the regime.

This for the MDC was the final straw. In the absence of any evidence that the government intends to comply in full with the Sadc elections charter, the MDC decided to draw a line in the sand and say enough is enough. With less than seven months until the election there is insufficient time to wave yellow cards any longer.

The timing of our decision was also influenced by the fact that nomination day for a by-election was due on September 3 and we had to make a decision prior to that day. Had we not made a decision before that day the region could have assumed that we believed that the Mauritius principles were in the process of being implemented in Zimbabwe.

The timing also has to be seen in the context of what has been stated in the region about the issue of negotiations between Zanu PF and MDC. For over a year we have been told that we are engaged in informal negotiations with Zanu PF when that is not true. A real fear we had was that Zanu PF’s compliance, or rather non-compliance, with the Mauritius principles, would be fudged as would our “acceptance” that Zimbabwe’s electoral system now complied with the Mauritius principles.

We had to make it clear, emphatically, urgently and unequivocally, that our electoral system does not, and will not, even in the event of Mugabe’s proposed changes being implemented, comply with the Mauritius principles.

It has been suggested in this newspaper and elsewhere that we should have used the next few months to prove that Zimbabwe’s electoral environment does not comply with the Mauritius principles. That is precisely what the Mugabe regime wants us to do. It would, no doubt, be happy to implement meaningful reforms a month prior to the election, which would not result in a free and fair election. Zimbabweans have been deeply traumatised during the last five years and need a peaceful period of at least six months prior to the election to feel confident to exercise their vote meaningfully.

For all the government’s claims that the MDC is dead and that they can run an election without us, Zanu PF can never claim legitimacy unless the MDC participates. Whilst the MDC could have been ignored in 2000, it is now recognised regionally and internationally as a credible political party and to that extent its participation in the 2005 election is critical to both Zanu PF and Sadc if Zimbabwe’s crisis is to be resolved.

To that extent, it was critically important that we indicated to Sadc as soon as possible that we were not prepared to participate in this charade any longer and that they should bring the Mugabe regime to book as quickly as possible to resolve the crisis. The onus is now on Sadc to ensure that the Mugabe regime fully complies with its obligations under Sadc elections’ protocol. A failure to do so would put Sadc’s credibility on the line.

The Zimbabwe Independent

Iden Wetherell’s opinion piece “where is the yellow card?” in the Mail and Guardian 3rd September 2004 cannot go unanswered.

It is argued that we should have given the Mugabe regime a yellow card prior to making the collective decision to suspend participation in all elections until there is full compliance with the new SADC protocol on election standards. This is despite the MDC’s track record of issuing yellow cards for the past five years in an attempt to restore transparency and fairness to Zimbabwe’s electoral process.

The MDC has engaged in unprecedented litigation since the June 2000 parliamentary elections to expose flaws in Zimbabwe’s electoral system, with more than 38 parliamentary court challenges and the presidential challenge (involving over 20 side applications). Despite the subversion of the judiciary we diligently continue to expose fraud in our electoral process.

Extensive work was done by the MDC to explain to Zimbabweans and the international community the serious fraud and flaws exposed by this litigation. Meetings have been held with the likes of President Mbeki, President Wade, President Obasanjo, and other African leaders to explain how Zimbabwe’s electoral system is so seriously flawed.

During four years in Parliament the MDC caucus has done all in its power to reform Zimbabwe’s electoral system. The Parliamentary Justice committee, chaired by the MDC, conducted vigorous enquiries regarding this issue in the run-up to the 2002 presidential election.

Hardly a parliamentary week passes without MDC MPs raising questions about, or debating electoral issues. In the course of these debates the MDC extracted some concessions agreed to by the Mugabe regime, such as using indelible visible ink to mark voters in future. Regretfully, Zimbabwe’s privately owned newspapers are seldom in parliament to report the MDC’s efforts in this regard.

The MDC’s election and legal departments have done extensive research into electoral systems in Africa. A study trip was undertaken to Kenya in 2003 which culminated in the MDC producing its own draft Electoral Bill.

In January we produced a document outlining 15 minimum changes which have to be implemented to in order for genuine, democratic, elections to take place. That document was refined into a booklet called “Restore”. Since publication of the Restore document MDC leaders conducted an intensive diplomatic campaign in Africa to promote the principles contained therein.

The Mauritius principles emerged in part because of efforts by the MDC and Zimbabwe non governmental organisations around electoral issues.

It may be argued that this is ancient history and that whilst we may have given warnings about our concerns in the past we have not given the Mugabe regime adequate warning since it indicated it would respond to some of our demands. That would be to ignore the facts, as we made it abundantly clear, prior to our decision to suspend our participation in elections, that the proposed reforms outlined by the Mugabe regime did not come even close to addressing fundamental concerns we have raised repeatedly – in particular concerns relating to the rule of law and civil and political liberties. With less than 7 months until the elections there is insufficient time to wave yellow cards any longer.

Despite these unambiguous and regular warnings, even highly respected news organisations have carelessly stated that the Mugabe regime’s proposals meet our demands and the SADC standards, when it is obvious that they do not.

What then about the timing? The harsh reality is that we had a narrow window of opportunity in which to make this decision. Prior to the publication of the Mauritius principles we had no regional benchmark to support our case for electoral reform, so the decision could not have been made prior to the Mauritius agreement.

The publication of a bill to control non governmental organisations immediately after Mauritius proved that the Mugabe regime has no intention of complying with the SADC principles agreed in Mauritius. Nomination day for a by election was due on September 3 and we had to make a decision prior to that day. Had we not made a decision before that day the region could have assumed that we believed that the Mauritius principles were in the process of being implemented in Zimbabwe.

The timing also has to be seen in the context of what has been stated in the region about the issue of negotiations between ZANU PF and MDC. For over a year we have been told that we are engaged in informal negotiations with ZANU PF when that is not true. A real fear we had was that ZANU PF’s compliance, or rather non compliance, with the Mauritius principles would be fudged as would our “acceptance” that Zimbabwe’s electoral system now complied with the Mauritius principles.

We had to make it clear, emphatically, urgently and unequivocally, that our electoral system does not, and will not, even in the event of Mugabe’s proposed changes being implemented, comply with the Mauritius principles.

The article suggests that we should have used the next few months to prove that Zimbabwe’s electoral environment does not comply with the Mauritius principles.

That however is precisely what the Mugabe regime wants us to do. It would, no doubt, be happy, for the purposes of political expediency, to keep dangling the carrot of meaningful reforms, hinting at implementation, but deliberately delaying implementation until just prior to the elections in order to hoodwink the regional and international community into believing that the elections were free and fair. This scenario would simply serve to exacerbate Zimbabwe’s deteriorating political and socio-economic environment. Only the restoration of legitimate government, secured through a free and fair ballot, can arrest this decline.

Zimbabweans have been deeply traumatised during the last 5 years and need a peaceful period of at least 6 months prior to the elections to feel confident to freely participate in the democratic process and make an informed choice at the ballot box – this will not be possible if they have been fed a controlled diet of distorted information, denied access to alternative voices and ideas and endured a coercive and hostile political environment just prior to polling day. Moreover, there has to be sufficient time to restore public confidence in the value of elections as a mechanism for positive change and deepening democracy.

For all the regime’s claims that the MDC is dead and that they can run an election without us, ZANU PF can never claim legitimacy unless the MDC participates. Whilst the MDC could have been ignored in 2000 it is now recognised regionally and internationally as a credible political party and to that extent its participation in the 2005 election is critical to both ZANU PF and SADC if Zimbabwe’s crisis is to be resolved.

To that extent it was critically important that we indicated to SADC as soon as possible that we were not prepared to participate in this charade any longer and that they should bring the Mugabe regime to book as quickly as possible to resolve the crisis.

The onus is now on the SADC to ensure that the Mugabe regime fully complies with its obligations under the SADC elections’ protocol. A failure to do so would put the SADC’s credibility on the line.

It is suggested that what is required is for the MDC to test the water. That precisely is what we will be doing. We will be testing the Mugabe regime’s sincerity in the course of the next few months in Parliament, in the courts and in the media. At every turn we intend explaining to the Zimbabwean electorate and SADC why it is that the NGO bill, ZANU PF’s proposed reforms, and existing draconian legislation that severely curtails our fundamental rights are wholly incompatible with the Mauritius principles.

Finally, the article suggests that we are somehow disengaging from the political discourse. Nothing could be further from the truth. We are suspending our involvement in the electoral process pending Zimbabwe’s compliance with the Mauritius principles.
That is very different to suspending our involvement in the political process. We are actively identifying candidates for the 2005 parliamentary election. We will be vigorously participating in Parliament and organizing our structures in anticipation of the Mugabe regime being forced to comply fully with these wonderful new SADC standards.

David Coltart MP
Shadow Justice Minister
7th September 2004

On the MDC’s 5th Anniversary

Zimbabwe has an extremely troubled history. It has never experienced true peace or true democracy since it was colonised in the 1890s. Our political culture has been dominated by violence, tyranny, racism, sexism and tribalism. The MDC from its inception has been determined to break Zimbabwe out of these shackles. The MDC has a vision for a new Zimbabwe, for a new beginning and has made great strides in the last five years in building a new political culture in Zimbabwe.

A new culture of non-violence

For over 100 years violence has often been used to attain political objectives. Violence was used to colonise Zimbabwe. Violence was used to maintain white minority rule. Violence has been used in the last 24 years to keep the Mugabe regime in power. In the last 5 years extreme levels of violence have been used in an attempt to crush the MDC. The MDC has been determined to break this cycle of violence and in so doing to create a new political culture. It has deliberately pursued non-violent methods. In the face of immense provocation the MDC leadership and members have displayed enormous courage and integrity by not responding to violence with violence. The recently decided Cain Nkala case is a vivid reminder of the fact that the MDC is a party committed to peace and that it is ZANU PF that has been responsible for building a culture of violence in Zimbabwe since its establishment 41 years ago.

Despite the unrelenting attack on it by the Mugabe regime, the MDC is a more powerful political force now than it was five years ago and in this it has demonstrated that this dreadful cycle of violence can be broken and that non-violent methods can bring about political change. In doing so the MDC has laid a new, solid foundation of peace and tolerance in Zimbabwe. On this foundation the MDC will build a new humane and democratic structure when it comes to power.

Martin Luther King once said: “The past is prophetic in that it asserts loudly that wars are poor chisels for carving out peaceful tomorrows. One day we must come to see that peace is not merely a distant goal that we seek, but the means by which we arrive at that goal. We must pursue peaceful ends through peaceful means. How much longer must we play at deadly war games before we heed the plaintive pleas of the unnumbered dead and maimed of past wars?” Likewise in Zimbabwe we must ask ourselves the question whether we want another 41 years of violent rule or do we want a new beginning.

A new culture of democratic practices

Zimbabwe has never known true democracy. Successive Parliaments and the elections which brought him into being have been plagued by undemocratic practices over the last 100 years. As a result we have laws and electoral practices that belong in the dark ages. These oppressive laws have been the main reason why Zimbabwe has never reached its economic potential. Zimbabweans have never had a real, open and free opportunity to choose their leaders. The MDC has been determined to break away from a sad past.

The MDC has realised that both a new democratic constitution and electoral process are pivotal to establishing meaningful democracy in Zimbabwe. Whilst the intransigence of the Mugabe regime has stalled the constitutional reform process the MDC has scored a major victory in the announcement by sake of the Mauritius principles which will henceforth govern all elections in southern Africa. Through the numerous electoral court challenges brought by the MDC the serious flaws in Zimbabwe’s electoral system have been exposed. Through the publication of the MDC’s Restore document, which sets out new standards for elections, the new benchmark has been set for the entire region. In other words the MDC’s campaign for new democratic electoral standards in Zimbabwe will not just benefit Zimbabweans but all the citizens of southern Africa. As the MDC responded to the Mugabe regime’s electoral fraud with violence, rather than through the courts and through the use of diplomacy as it did, SADC would never have had to confront the issue of electoral standards as it has had to do.

When the history of this period of the democratic development of southern Africa is written the MDC’s pivotal role in bringing about new democratic practices will be recognised. It goes without saying that free and fair elections lead to democracy and democracy leads to sustainable economic growth and development. In this respect the MDC’s contribution to the stability and prosperity of southern Africa is remarkable.

A new culture of non-discrimination and involvement of all Zimbabweans in decision making

Successive regimes have used race and ethnicity to divide the Zimbabwean people and to achieve political objectives. White minority governments invoked racially discriminatory practices to maintain power. The Mugabe regime has used race and ethnicity to divide and rule for 24 years. Racism and ethnic cleansing also belong in the dark ages and have no place in a modern democratic society.

Since its inception the MDC has been committed to a vision of a new Zimbabwe that does away with racial, ethnic and gender discrimination. The MDC has been determined to move Zimbabwe away from ethnically/racially based politics to the ideologically rooted politics. As a result its policy has been to include all ethnic and racial groups in its structures and leadership. Likewise it has been determined to ensure that women get a fair deal in Zimbabwean society.

Given the fact that the MDC is made up of such a diversity of cultural, ethnic and racial groups one of its truly remarkable achievements in the last five years has been to build an inclusive political party that truly represents all these different groups. What is even more remarkable is that it has forged a profound consensus and unity of purpose around the policies it has developed in the last five years. On a whole range of potentially divisive issues, including economic, land and gender policy, the MDC has achieved an amazing unanimity of thought.

On a continent which has a shocking history of ethnically and racially orientated political parties, the MDC has set a refreshing new precedent not just for Zimbabwe but for the whole of Africa. The future prosperity of Africa is largely dependent upon it moving away from racial and ethnic hatred to a mature political discourse which is rooted in an ideological debate. In this regard the MDC has set a new standard for the whole of Africa and provides a wonderful example of other political parties throughout Africa to follow.

Shakespeare wrote “The evil that men do lives after them, the good is oft interred with their bones”. Likewise the evil of political systems and parties leaves a dreadful legacy and the era of ZANU PF rule is no exception. The last 24 years of ZANU PF rule has all but destroyed the economic, moral and social fabric of our nation. The MDC has, against incredible odds, commenced the process of breaking down that legacy. This work cannot be completed overnight but in the last five years a solid foundation has been built on which will be built a new beginning for all Zimbabweans.

Zimbabwe has an extremely troubled history. It has never experienced true peace or true democracy since it was colonised in the 1890s. Our political culture has been dominated by violence, tyranny, racism, sexism and tribalism. The MDC from its inception has been determined to break Zimbabwe out of these shackles. The MDC has a vision for a new Zimbabwe, for a new beginning and has made great strides in the last five years in building a new political culture in Zimbabwe.

A new culture of non-violence

For over 100 years violence has often been used to attain political objectives. Violence was used to colonise Zimbabwe. Violence was used to maintain white minority rule. Violence has been used in the last 24 years to keep the Mugabe regime in power. In the last 5 years extreme levels of violence have been used in an attempt to crush the MDC. The MDC has been determined to break this cycle of violence and in so doing to create a new political culture. It has deliberately pursued non-violent methods. In the face of immense provocation the MDC leadership and members have displayed enormous courage and integrity by not responding to violence with violence. The recently decided Cain Nkala case is a vivid reminder of the fact that the MDC is a party committed to peace and that it is ZANU PF that has been responsible for building a culture of violence in Zimbabwe since its establishment 41 years ago.

Despite the unrelenting attack on it by the Mugabe regime, the MDC is a more powerful political force now than it was five years ago and in this it has demonstrated that this dreadful cycle of violence can be broken and that non-violent methods can bring about political change. In doing so the MDC has laid a new, solid foundation of peace and tolerance in Zimbabwe. On this foundation the MDC will build a new humane and democratic structure when it comes to power.

Martin Luther King once said: “The past is prophetic in that it asserts loudly that wars are poor chisels for carving out peaceful tomorrows. One day we must come to see that peace is not merely a distant goal that we seek, but the means by which we arrive at that goal. We must pursue peaceful ends through peaceful means. How much longer must we play at deadly war games before we heed the plaintive pleas of the unnumbered dead and maimed of past wars?” Likewise in Zimbabwe we must ask ourselves the question whether we want another 41 years of violent rule or do we want a new beginning.

A new culture of democratic practices

Zimbabwe has never known true democracy. Successive Parliaments and the elections which brought him into being have been plagued by undemocratic practices over the last 100 years. As a result we have laws and electoral practices that belong in the dark ages. These oppressive laws have been the main reason why Zimbabwe has never reached its economic potential. Zimbabweans have never had a real, open and free opportunity to choose their leaders. MDC has been determined to break away from a sad past.

The MDC has realised that both a new democratic constitution and electoral process are pivotal to establishing meaningful democracy in Zimbabwe. Whilst the intransigence of the Mugabe regime has stalled the constitutional reform process MDC has scored a major victory in the announcement by sake of the Mauritius principles which will henceforth govern all elections in Southern Africa. Through the numerous electoral court challengers brought by the MDC the serious flaws in Zimbabwe’s electoral system have been exposed. Through the publication of the MDC’s restore document, which sets out new standards for elections, the new benchmark has been set for the entire region. In other words the MDC’s campaign for new democratic electoral standards in Zimbabwe will not just benefit Zimbabweans but all the citizens of Southern Africa. As the MDC responded to the Mugabe regime’s electoral fraud with violence, rather than through the courts and through the use of diplomacy as it did, SADC would never have had to confront the issue of electoral standards as it has had to do.

When the history of this period of the democratic development of Southern Africa is written the MDC’s pivotal role in bringing about new democratic practices will be recognised. It goes without saying that free and fair elections lead to democracy and democracy leads to sustainable economic growth and development. In this respect the MDC’s contribution to the stability and prosperity of Southern Africa is remarkable.

A new culture of non-discrimination and involvement of all Zimbabweans in decision making

Successive regimes have used race and ethnicity to divide the Zimbabwean people and to achieve political objectives. White minority governments invoked racially discriminatory practices to maintain power. The Mugabe regime has used race and ethnicity to divide and rule for 24 years. Racism and ethnic cleansing also belong in the dark ages and have no place in a modern democratic society.

Since its inception the MDC has been committed to a vision of a new Zimbabwe that does away with racial, ethnic and gender discrimination. The MDC has been determined to move Zimbabwean way from ethnically/racially based politics to the ideologically rooted politics. As a result its policy has been to include all ethnic and racial groups in its structures and leadership. Likewise it has been determined to ensure that women get a fair deal in Zimbabwean society.

Given the fact that the MDC is made up of such a diversity of cultural, ethnic and racial groups one of its truly remarkable achievements in the last five years has been to build an inclusive political party that truly represents all these different groups. What is even more remarkable is that it has forged a profound consensus and unity of purpose around the policies it has developed in the last five years. On a whole range of potentially divisive issues, including economic, land and gender policy, the MDC has achieved an amazing unanimity of thought.

On a continent which has a shocking history of ethnically and racially orientated political parties, the MDC has set a refreshing new precedent not just for Zimbabwe but for the whole of Africa. The future prosperity of Africa is largely dependent upon it moving away from racial and ethnic hatred to a mature political discourse which is rooted in an ideological debate. In this regard the MDC has set a new standard for the whole of Africa and provides a wonderful example of other political parties throughout Africa to follow.

Shakespeare wrote “The evil that men do lives after them, the good is oft interred with their bones”. Likewise the evil of political systems and parties leaves a dreadful legacy and the era of ZANU PF rule is no exception. The last 24 years of ZANU PF rule has all but destroyed the economic, moral and social fabric of our nation. The MDC has, against incredible odds, commenced the process of breaking down that legacy. This work cannot be completed overnight but in the last five years a solid foundation has been built on which will be built a new beginning for all Zimbabweans.