For the sake of national healing, run-off must be avoided

ZIMBABWEANS wanted change more than a popularity contest, and the failure of the Movement for Democratic Change (MDC) factions to unite before the just ended harmonised elections has proved what Zimbabweans knew –that there is no such thing as a smaller faction when every vote has to be counted. In past unity talks among the opposition forces, reality and rhetoric have tended to diverge before agreements could be signed but this time history might never absolve the opposition if they miss the chance to work together.

At times when the opposition forces demand change from the government, they forget that they should change themselves.From the media reports, it appears that the MDC faction led by Morgan Tsvangirai has realise that the popularity contest manifested in the number seats gained or lost in the just ended Zimbabwean elections is now over, but they are still not in power.
Zimbabweans across the political spectrum have managed to hold their nerve in the most difficult trying moments but we are now in a volatile situation, with President Mugabe now a wounded and dangerous buffalo let-off by vacillating leaders whose egos thwarted all chances of a united front against Mugabe.It now appears that the MDC Tsvangirai did not deliver the vital knock-out blow that they needed to take Mugabe out of the presidential race. By all accounts, and despite varying claims to the contrary, Tsvangirai did not get the required 50% + 1 vote of the total presidential ballots, and now the country is waiting with bated breath for that second round of a very tricky run-off between Mugabe and Tsvangirai.

It is a disaster that the MDC -- fighting a regime credited with 150 000 inflation, 80 percent unemployment and many other economic and political crimes -- is still locked in a tight contest with the same opponent that they would have vanquished, with little less pride.Tsvangirai’s MDC has won most seats in parliament and the combined opposition has the majority, but Zanu PF has a significant minority and access to levers power such as the state security and resources at their disposal.

President Mugabe is still the head of state with some legitimate power and authority still vested in him under the Presidential Powers Temporary Measures Act, which he can use to override the Zimbabwe Electoral Act, the part relating to the run-off in particular, to neutralise the opposition.

It will be very difficult for Mugabe to sustain any form of victory that keeps him in power. His best security now is to take a rest. Most Zimbabweans hope that Mugabe will listen to his conscience and do what is best for Zimbabwe with the Presidential Powers and Temporary Measures Act which gives him sweeping powers to positively change the rules. It should be recognised that Mugabe also has the burden of convincing his generals and party die-hards that it is best for him to negotiate a transition or his exit and take a rest, but the behaviour of the opposition and other outsiders should be measured. Those of us who have always felt that the opposition forces needed to unite before the elections if they were to win now feel that the need for unity among opposition forces is even greater more than ever.

Arthur Mutambara’s MDC faction and independent Jonathan Moyo with their 10 seats in parliament seem to be in the “king making” position and probably the best unintended outcome of the just ended election.

A lot now depends on how Mutambara’s MDC and Jonathan Moyo will vote in houses of parliament and senate.A fractured society like Zimbabwe does not need a party with an absolute majority; political power should be distributed evenly across society to allow people to regain confidence in themselves without any over-bearing influence of one group on matters of governance.

Zimbabwe needs government by consensus and it might be the best model for Africa. With 99 seats for MDC-Tsvangirai, 97 seats for Zanu PF, 10 seats for MDC Mutambara and 1 seat for Jonathan Moyo, Zimbabwe is now in a situation where political parties need each other more than before.The fears and anxieties of the losers and winners can be best addressed if the defeated can be humble and the victors are gracious and magnanimous. The challenge for Zimbabwe is to come up with a government that can govern for the country for everyone else not just its party members, as Dr Nkosana Moyo once said. The just-ended elections might have given Zimbabwe a chance for a non-partisan government in that no-one has an absolute majority.The opposition now simply has to be disciplined and measured in their approach and the ruling party has to exercise restraint. Zimbabwe is now at its most delicate stage in history. The media, especially the foreign media, is naturally desperate for news on the painfully slow Zimbabwe election process and they can inflame situations.The African Union and SADC have an important role in helping us manage and conclude our delicate election process but the Western media have to be careful in the way they portray Mugabe, it is humiliation and denigration that he will not accept and which gets Africa on his side. It is rare to have peaceful elections in Africa that Zimbabwe has had. In fact, although elections are a democratic way of deciding leadership, they tend to be divisive in most Third World countries.

A run-off will certainly raise political temperatures in Zimbabwe to a boiling point which might unnecessarily leave the country more divided than before.

In light of the above, I strongly feel that a run-off will not be good for Zimbabwe. The House of Assembly and Senate should be allowed to vote for the next President of Zimbabwe.
In my view, the most ideal situation would be if Mugabe is persuaded to avoid a presidential election run-off and asked to use the Presidential Temporary Powers and Measures Act to override the Electoral Act, do away with a run-off and swear in Members of Parliament and senate into office and constitute them into an electoral college to decide the next President of Zimbabwe.

The candidate would be probably sponsored by parties whose MPs and Senators are in parliament since they are the ones who will vote. It would be expected that the MPs would consult on which candidate to vote. This candidate does not need to be in parliament or senate.The above theory is based on Constitutional Amendment No. 18 which might yet turn out to be stroke of genius with the effect of achieving national healing, and ushering a unique leadership by consensus in Africa and smooth transition in Zimbabwe.
Prior to Constitutional Amendment 18 coming into play in 2007, in terms of section 28(3) of the Constitution, if a President died, resigned or was removed from office, an election was to be called within 90 days.

Following the change in law, that power has been transferred to Parliament and the Senate. The law says an election to the office of President shall take place (a) on the day or days fixed in a proclamation in terms of section 58(1) as the day or days on which a general election is to be held for the purpose of elect-ing members of Parliament; or (b) in accordance with the Electoral Law by members of the Senate and the House of Assembly sitting jointly as an electoral college within ninety days after the office of President becomes vacant by reason of his death or his resignation or removal from office in terms of this Constitution; as the case may be.