http://www.thezimbabwestandard.com/viewinfo.cfm?linkid=21&id=5692
IS Mugabe a manufactured product? Is he entirely responsible for the
economic decay?
Was the liberation struggle fought on a defined set of values to provide a
reliable compass on who should lead the process? How can more than 15
million people be confused by one allegedly power-hungry individual?
Could it be that the 15 million are more confused than Mugabe? It is equally
instructive that many would want the world to believe that less than 5 000
commercial farmers are responsible for the economic crisis or that targeted
economic sanctions are the root cause of the economic meltdown.
It appears that Zimbabwe is no different in 2007 than it was in 1963 when
ZANU was formed as a breakaway movement from ZAPU, inasmuch as the two MDC
factions have emerged in contemporary Zimbabwe with limited vision on what
needs to happen to make Zimbabwe a working and progressive society.
Clearly, it appears that the appetite exists for citizens to absorb and
accept poor leaders.
It is evident the average citizen of 2007 may not be better off than the
citizen of 1980.
In 2007, the people appear helpless in the face of adversity and confused on
what options to pursue and who to blame.
Yes. Mugabe is now the football of all the disgruntled and yet the
institutional aspects of our quagmire may not be the subject of scrutiny.
I have come to accept that a week can make a big difference in a lifetime.
Only last week I had the shock of my life when I read the judgment handed
down by Judge President Makarau. I have read the judgment over and over
again, trying to put meaning on what has gone wrong and whether the
proposition that it is only Mugabe who must go should be accepted without
contestation.
My personal case may demonstrate the abuse of state power in a holistic
manner than many other cases, not only because its origin can be located in
the Executive but Parliament willingly obliged by rubber-stamping a
Presidential decree.
Now the courts have confirmed that a government can interfere with citizen
rights and then proceed to benefit from such actions. I was specified by
Chinamasa; my companies were also specified.
Makarau has now confirmed that a specified person has no constitutional
rights and his rights cannot be protected under Zimbabwean law.
With respect to the extra-territorial effect of Zimbabwean legislation, this
is what Makarau said: "The Applicant, although a foreign registered company,
is deemed by this court to be a company in respect to which a reconstruction
order has been issued. As such, it cannot bring this suit in the absence of
the leave of the administrator appointed by the respondent (Chinamasa). No
such leave has been obtained and as such, the application was improperly
brought."
To imagine that Zimbabwean law has application to a company governed under
the laws of England will continue to baffle me for the rest of my life.
The conduct of the judiciary as demonstrated by Makarau has led me to the
conclusion that it may not be Mugabe alone to blame. We need to cast the net
wider than Mugabe because ultimately even if Mugabe was not in office, our
problem may be more entrenched that we see at face value. Yes, the buck must
stop somewhere but it is incumbent upon citizens to look beyond the obvious
and seek to establish the underlying source of the political and economic
crisis.
While I accept where Tekere and Nkala are coming from, I do not believe that
their prescription will have any real and lasting impact unless the sick
value system that allows the state machinery to be corrupted by a few
unelected persons who are not subject to the same laws and sanctions that
are subjected to the many is eradicated.
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