The
Zimbabwe
Constitutional
Movement
(ZICOMO)
has
noted
with
grave
concern
the
reckless
recent
utterances
by
the
Attorney
General
Mrs
Virginia
Mabhiza,
warning
that
Ministers
and
Vice
Presidents
“cannot
publicly
oppose
Cabinet
decisions.”
While
we
appreciate
and
respect
her
role
as
principal
legal
advisor
to
Government
under
Section
114
of
the
Constitution
of
Zimbabwe,
we
are
compelled
to
challenge
her
selective
application
of
the
law
and
measurement
of
its
tenets.
The
Constitution
of
Zimbabwe
is
a
unified
document,
sacred
in
its
entirety.
When
Cabinet
Ministers,
including
the
President,
take
an
oath
to
respect
and
protect
it,
they
must
do
so
in
its
totality.
We
are
appalled
by
her
office’s
disregard
for
the
Constitution,
which
promises
rights
even
to
those
opposing
any
amendment
process.
Yet,
under
her
watch,
citizens
have
been
silenced,
marginalized,
and
pushed
to
the
fringes.
Infact,
opposing
Constitutional
Amendment
Number
3
Bill
(CAB3)
has
become
a
hard
hat
area.
The
doctrine
of
collective
responsibility,
as
mandated
by
Section
106(3)
of
the
Constitution,
compels
the
Cabinet
to
present
a
unified
front
on
decisions
that
have
already
been
made.
However,
this
doctrine
does
not
diminish
the
fundamental
right
of
a
Minister
or
Vice
President
to
resign
on
principle
when
they
cannot,
in
good
conscience,
support
a
decision.
To
suggest
that
dissent
should
be
suppressed
rather
than
expressed
through
resignation
is
to
transform
the
Cabinet
into
a
mere
facade
of
enforced
unanimity,
rather
than
a
genuine
forum
for
meaningful
deliberation.
Moreover,
the
principle
of
constitutional
supremacy
is
non-negotiable.
Section
2
of
the
Constitution
explicitly
states
that
any
law,
practice,
custom,
or
conduct
that
conflicts
with
the
Constitution
is
invalid.
Section
61
guarantees
every
individual’s
right
to
freedom
of
expression,
which
includes
members
of
the
Cabinet.
Any
warning
from
the
Attorney
General
that
seeks
to
position
public
dissent
as
absolutely
forbidden
is
a
dangerous
overreach
that
prioritizes
Cabinet
protocol
over
constitutional
integrity.
ZICOMO
firmly
rejects
any
doctrine
that
seeks
to
insulate
Executive
decisions
from
necessary
public
scrutiny,
particularly
from
those
who
are
directly
involved
in
the
decision-making
process.
It
is
essential
that
the
voices
of
those
within
the
Cabinet
are
heard
and
respected.
The
Constitution
enshrines
accountability
and
the
rule
of
law;
however,
we
witness
the
emergence
of
overnight
billionaires
while
everyday
civil
servants
in
health,
education,
national
security,
agriculture,
and
war
veterans
are
left
in
poverty.
As
finance
authorities
impose
limits
on
the
public’s
foreign
exchange
withdrawals,
we
observe
individuals,
seemingly
above
the
law
and
closely
connected
to
state
officials,
flaunting
their
wealth
while
lavishing
donations
of
cars,
money
and
houses
from
our
tax
dollars.
The
Zimbabwe
Electoral
Commission
(ZEC),
a
constitutional
body
funded
by
taxpayers,
failed
to
provide
an
accurate
vote
tally
in
the
2018
election,
and
the
judicial
system
has
become
politicized.
This
narrow
interpretation
of
the
Constitution
poses
significant
consequences.
Politically,
it
grants
those
in
power
the
liberty
to
choose
what
rules
to
obey
and
which
to
disregard.
We
THEREFORE,
affirm
our
position
as
follows:
-
We
call
upon
the
Attorney
General
to
clarify
that
her
remarks
do
not
seek
to
override
Section
61
and
Section
106
(2)
of
the
constitution,
which
empower
the
Ministers
to
act
in
accordance
with
their
oath
to
“uphold,
obey
and
defend
the
Constitution.” -
We
remind
all
Cabinet
members
that
their
primary
loyalty
is
to
the
Constitution
and
the
people
of
Zimbabwe,
not
to
the
comfort
of
Cabinet
solidarity. -
We
urge
Parliament
to
assert
its
oversight
role
under
Section
119
and
demand
that
the
doctrine
of
collective
responsibility
exercised
transparently,
not
as
a
tool
to
suppress
dissent.
The
spirit
of
Zimbabwe—embodied
by
Dlodlo,
Chingaira,
Mzilikazi,
Nehanda,
Lozikeyi,
Chaminuka,
Tongogara,
Margaret
Dongo,
Alfred
Nikita
Mangena,
and
countless
others
who
opposed
tyranny
during
the
first
and
second
Chimurenga—will
not
be
extinguished.
Our
struggle
transcends
individuals
or
political
parties;
it
is
a
fight
against
a
system
of
oppression
manifesting
as
an
unconstitutional
authority.
We
categorically
reject
CAB3,
regardless
of
any
financial
inducements
offered
to
Members
of
Parliament
or
the
judiciary
to
endorse
it.
Furthermore,
we
demand
that
ZANU
PF,
the
ruling
party,
show
respect
for
Zimbabwe
and
her
institutions
and
citizens.
Every
time
this
party
grapples
with
internal
strife,
the
whole
nation
suffers.
What
we
are
witnessing
with
CAB3
is
not
a
national
initiative;
it
is
a
power
retention
scheme,
merely
deciding
“whose
turn
it
is
to
benefit.”
The
echoes
of
Mugabe’s
pronouncement
that
“the
bullet
is
mightier
than
the
ballot”
and
the
late
Army
Commander,
General
Vitalis
Zvinavashe’s
assertion
that
“the
office
of
the
President
is
a
straightjacket”
are
once
again
haunting
us.
It
is
imperative
that
ZANU
PF,
alongside
war
veterans,
have
the
courage
to
return
Zimbabwe
to
its
people
and
uphold
the
Constitution.
Free
and
fair
elections,
the
rule
of
law,
and
constitutionalism
are
the
foundations
of
a
stable
nation.
Finally,
we
issue
a
strong
diplomatic
note
to
South
Africa
and
the
United
Kingdom,
urging
them
to
respect
Zimbabwe.
Your
historical
complicity
in
undermining
the
will
of
the
Zimbabwean
people
is
widely
recognized
and
unacceptable.
South
Africa,
your
shared
history
with
Zimbabwe
deepens
this
obligation.
President
Mbeki
was
right:
we
have
no
neighbours
except
for
fellow
African
states.
For
the
UK,
it’s
time
to
acknowledge
that
it
is
the
people
of
Zimbabwe
who
secured
independence
on
April
18,
1980.
Why
advocate
for
the
rule
of
law
in
the
UK
while
endorsing
“strongmen”
in
Zimbabwe?
Zimbabwe’s
democracy
cannot
be
built
on
enforced
silence.
It
will
be
built
on
courage,
constitutionalism
and
the
willingness
of
leaders
to
speak
truth
–
even
to
one
another
–
in
public.
We
conclude
by
calling
on
Zimbabweans
to
remain
vigilant
and
proactive
against
these
reactionary
maneuvers
seeking
to
undermine
our
sovereignty
and
plunder
our
natural
resources.
Zimbabwe
is
our
birthright!
ZICOMO
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Department
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