The Mwonzora-Khupe Group do not stand for constitutionalism

I wrote this before the events at MRT House (formerly Harvest House) had escalated. Obviously today's events reinforce my views as expressed below. Khupe and Mwonzora have always claimed that they are the constitutionalists and that they follow the rule of law. The rigged Supreme Court judgement gave them a sense of legitimacy. However, the use of police and army to takeover MRT House suggests that they are not winning the battle for hearts and minds. They are now burning the house down because they know that the 2014 structures are not with them. 

The criticism levelled against Tsvangirai in the MDC saga is that he failed to follow the MDC constitution in appointing Mudzuri and Chamisa as Deputy Presidents. The criticism levelled against Chamisa is that he didn’t follow the constitution in becoming leader of the party after the death of Tsvangirai. Some may even consider this to be fair criticism.

When Tsvangirai died, Mudzuri, Khupe and Chamisa all claimed that they were the legitimate Acting President of the party. They tried to outclass and outmanoeuvre each other. Chamisa prevailed. I wonder what would have happened if Mudzuri had prevailed? On which side of this fight would he be? Equally, I often wonder what would have happened if Khupe had prevailed?

I have tried to believe the sincerity of those that claim Tsvangirai didn't follow the MDC constitution in appointing Chamisa and Mudzuri. I have also tried to believe the sincerity of those that claim the court restored constitutionality in nullifying these appointments. I have struggled to. I am struggling even more when I look at the current actions by Khupe and Mwonzora which suggest that this is not about constitutionalism. It is not even about restoring legitimacy and constitutionality in the party but rather it is about getting rid of Chamisa! It is about making sure Chamisa cannot challenge them (Mwonzora and Khupe) knowing very well that they cannot win against him. Hence the targeting of his person and his allies. Last week, Mwonzora 'expelled' Chamisa from the MDC T for belonging to another party. However, none of the MPs who have pledged allegiance to him have been expelled. Coincidence?

Tsvangirai, even when allegedly not fully following the MDC constitution, continued to involve his party's National Executive and National Council and to consult the masses on policy. Or at least he made an attempt to work with the party structures. Chamisa (for all his alleged failures to follow the constitution) has led the party with the help of the National Executive and National Council. Even his elevation to party President (whether one agrees with it or not) was done by the National Council and then by congress.

Now contrast this with the actions of Mwonzora, Khupe and Komichi since Supreme Court judgement (aka Covid judgement). The Supreme Court ordered the party to return to the 2014 structures (a stupid order in my opinion). Everything was to go back to 2014 (obviously one can’t bring the dead back to life). Post this judgement it is interesting to note how the Mwonzora group has been selective in defining what constitutes the 2014 structures. Actually, the group has involved a group of less than 10 people in all the decisions so far (this is based on there being no public record of any meetings of the 2014 MDC structures being held since the Supreme Court judgement). The Mwonzora-Khupe Group has not convened a single meeting of the 2014 National Council or the 2014 National Executive. Lovemore Moyo was the National Chairperson in 2014. It follows that if we are using 2014 as the reference point, then Moyo is the chairperson for the purposes of the Supreme Court judgement. Like Khupe, he left the party after the death of Tsvangirai. Therefore, if Khupe can return as Acting President then Moyo should return as National Chair too. But the Mwonzora camp claims (without any sense of irony) that he is no longer a member of MDC T. This absurd situation was wrought in the Supreme Court when it set a reference point (2014) that cannot be practically achieved.

I am not offering a legal opinion here but my own interpretation of the events in the Supreme Court. I am not a lawyer but I am a person with common sense. To illustrate the absurdity of the Supreme Court judgement, one only has to look at the fact that the court ordered the party to go back in time; to turn back the hands of time even though they knew it was impossible to do so. In focusing on the 2016 actions by Tsvangirai while ignoring the subsequent events, the court expressed a political opinion. A non-political judgement would have taken into account everything that happened since 2014. However, this is what the ‘learned judges’ have ruled and ordered. It is what it is. So now let us look at how Mwonzora’s group are operationalising the judgement.

Since the judgement Mwonzora, Khupe and Komichi have acted unilaterally without consulting the 2014 structures. They continue to make decisions as if the court invested all power in this small group of individuals. Yet the Mwonzora group are honourable persons defending the MDC constitution.

All decisions are being made by this small group of people claiming to act for the 2014 structures. When a large group of those who constituted the 2014 National Council asked for a meeting of the 2014 National Council they were ignored. Yet the Mwonzora group are honourable persons defending the MDC T constitution.

When challenged about their statements prior to the Supreme Court ruling, Mwonzora and Komichi give unsatisfactory answers. Legal scholars will help me here: If the Chamisa and Mudzuri appointments to Deputy Presidents were irregular, what is the status of the decisions taken by the party when the two were in post as Deputy Presidents? Are they valid? Are they binding?

In the many months leading to Tsvangirai's death Khupe (the constitutionalist) didn't attend meetings of the National Executive or the National Council because she disagreed with Tsvangirai's decision to form the Alliance. Even though the majority supported the idea of the Alliance, Khupe (the democrat) couldn't bring herself to support a majority decision. Yet the Mwonzora group are honourable persons defending the MDC T constitution.

The Mwonzora group still can't bring themselves to support a majoritarian approach to decision making as evidenced by their failure to convene a meeting of the 2014 National Executive and National Council. They continue to plan and act as small group as if the court gave them power to act unilaterally. Yet the Mwonzora group are honourable persons defending the MDC T constitution.

Instead of acting with the authority of members and elected leaders of the 2014 structures by consulting them and convening meetings of such structures, the Mwonzora group is making decisions without the people. They are speaking for the people without the people. Yet the Mwonzora group are honourable persons defending the MDC T constitution.

By operation of law (bad law in my opinion), the MDC T party is currently under the leadership of the 2014 structures. This means the decision-making process as outlined in the party constitution must involve the 2014 structures. Where decisions are to be made by the Executive, then the 2014 Executive must make decisions. Where decisions are supposed to be made by the National Council, then the 2014 National Council must make those decisions. Not Khupe. Not Mwonzora. Not Mudzuri. Not Komichi. Not even a collection of these individuals should be making decisions. Instead the 2014 structures should.

So, by their actions, the Mwonzora group are not democrats. They are not interested in the MDC constitution. They are only interested in the provisions that will put them in power. For a long time, we have been told that Tsvangirai and Chamisa didn't follow the constitution. We have been told that they should have followed the constitution. There is definitely a case for criticising the two leaders. Yet I find it odd that there is deafening silence from the same critics when the Mwonzora group (the constitutional champions) blatantly violate and manipulate the MDC T constitution to suit their interests. It seems to me the insistence on following the MDC constitution only extends to decisions made by Tsvangirai and Chamisa but not those of the Mwonzora group. The media and the political commentators are culpable in this too.

The irony is that the Mwonzora group is now using necromancy, coercive state institutions (soldiers and police) and violent youths to move their agenda forward. Yet there is silence from the critics. Tsvangirai and Chamisa are lambasted for using youths to subdue opponents. Yet there is silence when Mwonzora does the same. The double standards! When the same standards are applied to Tsvangirai, Chamisa and the Mwonzora group it is difficult to see how Mwonzora’s group can be said to be following the MDC constitution.

In my opinion, the Mwonzora group is even worse in that they are not even consulting the structures; they are not even asking the structures to rubber stamp their decisions. Instead they are acting without regard for the constitutional provisions. The truth of the matter is that Mwonzora’s group are not honourable persons seeking to protect the MDC constitution and/or to follow the provisions of the said constitution. They are opportunists!