No viable remedies for MDC

Opinion by Conrad Nyamutata

The MDC’s failure to prove it was a victim of electoral injustice before the court leaves it with few other options for remedy, if any. 

It does not appear that the information the party needs from the Zimbabwe Electoral Commission (Zec) to buttress its case will be available any time soon.

Further, the party cites the impartiality of the judiciary, a perception shared by many. The MDC has thus opted for the “political route.”

The disputed issues, according to the party, are political rather than legal, a claim that is not entirely true. There were was prima facie evidence of violations of electoral and constitutional law.

By “political route,” the assumption is that the party will now take its grievances to political bodies such as the AU and Sadc. It does not appear this is a viable option either.

The Sadc meeting in Malawi did not seem to be too concerned about the irregularities in Zimbabwe’s elections, preferring to shower President-elect Robert Mugabe with praise for winning the “peaceful” election.

It is unclear what the summit made of the fairness or unfairness of the election — as if it matters much anyway.

Because of Africa’s history of civil wars, it has long been held that regional groups are more concerned about stability than strict adherence to precepts of democratic elections.

To Sadc, Zimbabwe is now stable, representing a “successful” end to its mission, put aside the benign grumblings of the MDC.

The regional group is unlikely to do anything that could be seen to destabilise the prevailing peace. The MDC will thus find that the political route will be fruitless.

The MDC planned to send representatives to present a “dossier” of evidence to the Malawi summit. The party will, however, find itself going from pillar to post.

Sadc, keen to wash its hands off Zimbabwe now, will just send the party and its dossier back to the domestic courts. It has also been suggested that the party intends to take the case to the Sadc tribunal.

In 2010, Sadc agreed to suspend the work of the tribunal after it ruled in favour of Zimbabwean commercial farmers. It does not appear the tribunal will be revived anytime soon.

The idea of a supra-national tribunal is noble, given the bias associated with some domestic judiciaries. But such a court would need all parties to abide by its rulings and for the tribunal to have an enforcement mechanism.

It was reported there would be recommendations to the Sadc meeting in Malawi for “negotiations” on a new protocol for the court. Considering the recommendation was only for negotiations, resuscitation of the tribunal could be a long way away.

In the meantime, Mugabe will be inaugurated soon. Nothing will reverse his installation. It is foolhardy to still think any legal or political authority will order a re-run of the disputed elections, let alone have it complied with.

While the MDC still sounds bullish about finding redress, realistically the party is short of options for remedy now. In fact, it has all been short of them from the beginning.

Last week, I said the party should not be dissuaded by the “move on” brigade but pursue its rights before the courts, notwithstanding the outcome. A compelling case would still have provided the public the evidence of irregularities and a record.

If not remedial, a solid case would still have had expressive value, the least the MDC could hope for.

In the absence of such court challenge — for reasons not entirely of the MDC’s own making — and the unviable alternatives that remain, perhaps the party should now come to terms with the fact that this is now a lost cause.

It is time for the MDC to focus on the future and learn from its experiences so far. While the MDC was indeed a victim of Zanu PF’s brutal chicanery and efficiency, it is also true that the Morgan Tsvangirai-led party was also pitifully inept.

It will, therefore, need to look at itself seriously if ever it is to remain a formidable opposition, let alone win the next elections. Perhaps, next week we should confront the uncomfortable truths about a future MDC.