End of an era as Mnangagwa is sworn in
Publish date: 27 August 2018
Issue Number: 788
Diary: IBA Legalbrief Africa
Category: Zimbabwe
Emmerson Mnangagwa yesterday (Sunday) took the oath as President two days after Zimbabwe’s Constitutional Court endorsed his election victory. Ironically, his predecessor Robert Mugabe, who is widely blamed for the political and economic turmoil that the nation has inherited, was receiving medical treatment in Singapore. The ceremony was attended by several African leaders, among them AU chairperson Paul Kagame, SADC chairperson Cyril Ramaphosa and DRC President Joseph Kabila. Legalbrief reports that there were mixed emotions as thousands of supporters celebrated at the National Sports Stadium in Harare while the official opposition MDC lambasted the ruling. A report on the News24 site notes that Mnangagwa pledged to 'protect and promote the rights of Zimbabweans'. 'We must now focus on addressing the economic challenges facing our nation. We are all Zimbabweans; what unites us is greater than what could ever divide us,' he said. He also vowed to open a probe into the post-poll violence, which he called 'regrettable and most unacceptable'. The Daily Maverick reports that Mnangagwa is hoping that his inauguration will legitimise his rule and open doors for new investments and help revive the ailing economy. The former Vice President, who at one point served as Justice Minister, reiterated his call for zero tolerance for corruption, which has become a major setback to the country’s economy, saying he will not tolerate bureaucratic tendencies in his government. ‘Corrupt activities will not be tolerated. We must inculcate a culture of hard and honest work and declare zero tolerance to corruption. No person will be allowed to loot or steal that which belongs to the people of Zimbabwe,’ he said.
The court dismissed MDC leader Nelson Chamisa’s challenge, saying he had failed to prove allegations of voter fraud. ‘I respectfully disagree and reject the position that was arrived at by the court,’ Chamisa said, notes a TimesLIVE report. Responding to Mnangagwa’s Twitter comments that his door and arms were open to Chamisa, the opposition leader said any negotiations with the ruling party could only be about resolving the President’s legitimacy and ‘vicious cycle of disputed elections’. A BusinessLIVE report notes that MDC Alliance secretary-general Douglas Mwonzora said his party’s highest decision-making organ, the national council, would meet this week to map the way forward and consider street protests. ‘There is very little that we can do because this is the highest court in the land,’ he said. MDC director of communications Luke Tamborinyoka said his party would pursue other avenues to ensure ‘the will of the people is protected'. 'We believe in the rule of law and we respect the verdict of the courts, but more so the verdict of the people who overwhelmingly voted for Nelson Chamisa, for transformation, opportunities and prosperity in their beloved country,’ he said.
The judgment was a unanimous decision of the full nine-member Bench. Chief Justice Luke Malaba noted the judgment did not contain the full reasons which would be issued in due course. ‘Application is dismissed with costs and in terms of Section 93 (4) (a) of the constitution. Emmerson Mnangagwa is declared the winner of the Presidential election held on July 30, 2018,’ Malaba said. A Daily Maverick report notes that he said Chamisa had proffered no evidence or proof and had only made general allegations, adding that he should have ... sought a recount. ‘There was no proof of the happenings of irregularities as a matter of fact so there was no purpose for the court to inquire if the alleged irregularities materially affected the results,’ Malaba said. He added that Chamisa’s claims could have been easily resolved if he had approached the Zimbabwe Electoral Court (ZEC) to seek the reopening of the ballots. He added that the adjustments of the initial results by the ZEC, which resulted in a minor reduction of Mnangagwa’s votes by 0.1%, were permissible by law. MDC Alliance counsel Tembeka Ngcukaitobi, Dali Mpofu, SC, and Jeremy Gauntlett, SC indicated to the Sunday Times that they did the case pro bono and even paid their flight tickets out of their pockets. They couldn’t be seen to be officially charging fees anyway because Justice Minister Ziyambi Ziyambi did not grant them a licence to work in the country. Ngcukaitobi said they have written to South African Justice Minister Michael Masutha to take the matter up with Ziyambi.
The country’s war veterans have dismissed Mugabe's congratulatory message to Mnangagwa and slammed him for sending his ‘innocent’ daughter Bona to represent him at Sunday’s event. Zimbabwe National Liberation War Veterans Association spokesperson Douglas Mahiya told New Zimbabwe that ‘Mugabe understands the dynamics and politics of the revolution and he must stop acting like a spoilt child’. Mugabe, who was invited to the inauguration, said he was in Singapore receiving medical attention. His letter expressing ‘hearty congratulations’ was read out by Mnangagwa. Mahiya said Mugabe must publicly denounce his association with the opposition MDC Alliance.
A US-based election observer mission has issued a critical new statement, saying the country ‘has not yet demonstrated that it has established a tolerant, democratic culture’ that allows the opposition to be treated fairly and people to vote freely. The statement by the joint mission of the International Republican Institute and the National Democratic Institute followed Friday’s court ruling. A report on the News24 site notes that it marked the first time in nearly two decades that Western observers were invited as Mnangagwa strived for a credible election to assist with the lifting of international sanctions.
