The Financial Gazette

Njabulo Ncube, Assistant Editor

HANDIYENDE, handiyendewo,handiyende dzamara wandiudza pandimire, chaipoipo chaipoipo, handiyende. Steve Makoni’s popular song came to mind on Monday when controversial Deputy Prime Minister (DPM), Arthur Mutambara, hastily arranged a press conference at which he invited all media houses and freelance journalists to attend. He then dropped a bombshell.
Mutambara announced to the world that he would not be resigning from his position in government.
In a clear sign of yet another crisis in both the government and the smaller faction of the Movement for Democratic Change (MDC), Mutambara said Welshman Ncube, the former secretary general of the then MDC-M, who last month ousted the robotics professor in a bloodless coup, was an illegitimate leader elected at an unconstitutional and illegal “meeting”.
He maintained that he was the legitimate leader of the party, adding yet another twist to the unfolding saga in the MDC.
To all intents and purposes Mutambara’s antics amount to a split in the smaller faction of the MDC.
“I have no intention whatsoever to leave the position of Deputy Prime Minister in the inclusive government,” said Mutambara.
“I will not abdicate from my national responsibilities in order to satisfy narrow party-political aspirations. In our national Constitution, there is no facility for a political party to recall a sitting DPM. In the Global Political Agreement (GPA), while there is provision to reshuffle Ministers after consultation among the three principals, there is no provision to remove a GPA principal. Neither is there an instrument to remove a sitting DPM, more so when he or she is also a principal,” he said.
The former MDC president, whose entry into politics was as dramatic as his exit, said he was an ex-officio Member of Parliament, meaning to say that he is a member of that august House by virtue of being a DPM.
In other words he is not a constituency-based MP elected on a party ticket, which makes it difficult for the MDC to recall him.
“I will cease to be an MP the moment I stop being DPM, and not the reverse. That is the law. This brings me to an issue currently dominating the public domain, namely the so-called ‘re-deployment’ of Arthur Mutam-bara. This ‘re-deployment’ has been put in the public domain by some members of my party led by Professor Welshman Ncube. The public is aware that the legality of a meeting of my party held on 8 and 9 January 2011 has been put in issue. Bona-fide members of our party have asked the High Court of Zimbabwe to determine whether or not the meeting of 8 and 9 January 2011 was legally valid. This means that the High Court is now seized with the issue of whether or not Professor Welshman Ncube is validly in office as president of my party.
“The rule of law enjoins us to respect the rights of persons to approach the courts for the resolution of legitimate disputes. I am aware of the argument that before the courts rule on the matter, there must be an assumption that the meeting of 8 and 9 January 2011 was legitimate. This is a flawed legal position. The argument presupposes there is a presumption of validity of the said meeting, and yet this presumption only applies to legislative Acts and Ministerial Instruments, and not to actions of private organisations and individuals, such as political parties and their members. Moreover, where a matter has been placed before a superior court of unlimited jurisdiction such as our High Court, it is important that the decisions of the courts are not pre-empted, in particular by the Executive arm of Government, for that would undermine the independence of the Judiciary. More importantly, we cannot have major decisions affecting matters of state and national interest, such as recalling a DPM (assuming that it was possible), being based on outcomes of a meeting whose legitimacy is being challenged within our national legal system. We should all be disciples of the rule of law,” fumed Mutambara.
It was clear to all those following Zimbabwe’s murky political waters that gloves were now official off between him and Ncube, his kingmaker.
Ncube was instrumental in making Mutambara the leader of the MDC after the infamous split and fall-out with Prime Minister Morgan Tsvangirai in October 2005. But on Monday Muta-mbara, who was invited by Ncube to fill the leadership vacuum, showed he would not dance to the tune of the kingmaker.
Mutambara looks determined to remain the king courtesy of loopholes in the power-sharing agreement.
Obviously Ncube has been left stunned amid speculation that Mutambara could be fired from the MDC for indiscipline.
Analysts this week cautioned Mutambara to be careful with his choices.
“I think Mutambara should try and preserve his political future by just stepping down from government,” said Trevor Maisiri, a political analyst.
It is being said that some of the principals to the GPA might be influencing Mutambara to stay put because they would not want to work with Ncube in the top echelons of government.
Ncube is seen as a more divisive player who could give President Robert Mugabe and Prime Minister a run for their money.
Maisiri said there could be an invisible hand in Mutambara’s refusal to vacate office.
“But my advice to him would be that he needs to step down with respect in order to preserve his dignity and stance as a political leader who fell victim to political scheming. He will easily lose this sympathy and public acclaim if he fights back the Ncube onslaught. In fact, many will not find that in his character but will always assume that he is being manipulated by the other principals. For a man of such a generation he must learn to get in and get out of power no matter the circumstances. He needs to play to the new generation of values-based politics,” added Maisiri.
Reverend Useni Sibanda, the coordinator of the Zimbabwe Christian Alliance, said the latest debacle to hit the coalition government confirmed the ambiguity of the GPA.
“It gives credence to assertions that the GPA was a badly negotiated settlement and left a lot of political gaps and grey areas,” said Sibanda, adding that Mutambara’s case further complicated the  coalition government presently in a comatose state due to political squabbling.
“I think there is need for the Southern African Development Community to quickly intervene due to the Mutambara factor and the resurgence of political violence. It is clear the latest problem posed by Mutambara’s refusal to leave the DPM post cannot be resolved at the principals’ level. I will expect people of integrity to resign from the government,” he added.
But the major question remains: Is the GPA about positions or democratisation.
Earnest Mudzengi, another Har-are-based analyst, said he expected the Ncube faction to fire their former leader for bringing the name of the crisis-prone party into disrepute.
“They might fire him as a way to manipulate the loopholes in the GPA, especially the clause that states that one of the DPM must come from the MDC-M,” he said.

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