A call for a return to constitutionalism

Mr Tsvangirai
Mr Tsvangirai

Elton Mangoma
The following is the full text of the letter MDC-T deputy treasurer Mr Elton Mangoma recently wrote to party leader Mr Morgan Tsvangirai in the wake of his barbaric assault by youths aligned to the MDC-T leader two weeks ago.
The President

Movement for Democratic Change

Re: Constitutionalism in the party:

AS you are aware myself and other senior leaders of the Party were assaulted on Saturday 15 February 2014 at the Party Headquarters. While people’s emotions are being whipped around the leakage of my confidential letter to you, it is a fact that in subsequent meetings, you have agreed that it was not me who leaked the letter.
Without a doubt, even though there were other options that I provided in the letter, your actions thereafter indicate beyond any doubt that it is the suggestion that you step down that incensed you the most.

Before I register my concerns about the manner in which you acted after you have received my letter, it is pertinent for me to restate that my actions are well in line with internationally recognised principles of democracy. These values are also enshrined in our Party constitution, and for the avoidance of doubt, I refer you to Article 4.6 of this constitution which states that:
‘’The MDC family believes in freedom of speech, freedom of expression and     further, the free circulation of ideas and information within the Movement.’’
As the President of the Party, you are expected to uphold and protect the Party constitution as is unambiguously stated in Article 9.1.2.(c), which states that:
‘’It shall be the duty of the President to uphold and defend the principles of the Party.’’

Article 9.1.2 (d) goes on to state that the President of the Party will
“Promote the principles of democratic discourse and participation and equality of all members within the party”.
Regrettably, your response to the letter that I handed to  you in good faith, which I have referred to above, has fallen foul of the pillars of our constitution and what is expected of you as the leader of the party. Since your receipt of the letter we have held a number of meetings were your attitude has been marked by belligerence and none tolerance of views that are divergent to yours.

You have stated clearly that you will not stand aside and accused me and others whom you have not named, of seeking to unseat you from the presidency unconstitutionally. It is unfortunate that you consider my one of the options that I proffered to be representing a betrayal of the struggle of democracy, even though article 9.21 provides for the resignation of the president and the calling of an extraordinary congress with thereafter.

Unfortunately, according to you holding a different view is synonymous to betraying the struggle for democracy. As you acknowledged, my track record in the fight for democracy speaks for itself.

This threat of  behaviour which culminated in the unfortunate incident of Saturday 15 February 2014, where myself, the Secretary-General, Hon Tendai Biti, and the National Youth Assembly Secretary-General, Promise Mkhwananzi were assaulted in  your presence. Facts on hand point to the fact that this could have been avoided.

The following facts land credence to this conclusion:
a) The reason for your convening this meeting remains unclear. The criteria of choosing the delegates for the stated meeting, remains known only to you and a few amongst the leadership.

b) In the actual meeting, you openly accused me of attempting a coup, despite the fact I had handed to you this letter in private. Even more, I was not accorded the opportunity to set the record straight to the delegates, many of whom had very incorrect facts about ongoing developments.

c) Threats against my person and others perceived to be against you were made in the meeting and you did not censure the delegates who made those threats.

d) After the meeting, you proceeded to address youths who had been demonstrating and waving placards denouncing me even before the meeting had started. In your address you reported to the demonstrators that the meeting had gone on well as if to inform them of a pre-planned outcome that they had been anticipating.

e)  After your address to the demonstrators you then approached me and offered to give me protection against bodily harm from the demonstrators. It is not clear why, if you had come to the conclusion that I was in danger of being assaulted, you did not as the president of the Party direct that the demonstrators disperse.

f) As we were walking out of Harvest House, despite your assurances to me that you would protect me, you deliberately fell behind thereby according the demonstrating youths the opportunity to assault me in the manner that they did.

g) After the assault I was taken to your house where you did not show the concern and outrage that I would have expected from you as the President of my Party,

h) While at a rally on Sunday 16 February 2014, you issued a statement tantamount to condemning violence within the party following my and other leaders’ attack the previous day, your Spokesperson issued contradictory statements which sought to trivialise the incident. The party spokesperson’s statements earlier had sought to lay the blame on a non e existent hand within the party in the form of Zanu-PF.

i) To this date, the party has not commenced formal proceedings or investigations into this issue.

j) Similarly, you have not accorded the Guardian Council an opportunity to proffer their wisdom and counsel as we search a viable option for the way forward.

I remain worried that the meetings that you called on 15 February 2014 was not constitutional and tended to usurp the powers of the National Council, the body mandated to deal with matters such as the one at hand. My observation is that we are getting more and more unconstitutional in the manner that we are handling party issues.

As a way forward I would therefore humbly suggest that the following steps be taken in the best in interests of the party.
1. That the contents of my letter be considered in the appropriate constitutional bodies and forums such as the National Executive and the National Council.

2. Take swift and adequate disciplinary action on the identified persons who planned and carried the assault on me and other leaders.

3. Deliberate and conclude on the timing and process towards the next congress.

4. Stop and reverse the attempts to victimise and purge party leaders in the structures who are perceived or suspected to have contrary views to yours.

The views that are expressed herein and aforestated are not meant to undermine the constitution. Instead the purpose of this letter is to persuade us to go back to constitutionalism.

The intention is as always to create a platform for debate and critical evaluation of where we are as a movement towards the democratisation of Zimbabwe. I hope this letter will help refocus the party to the urgent need of planning for an electoral victory in the next general elections and being party to the solution to the challenges that Zimbabwe faces.

E. S. Mangoma

cc: Standing Committee

National Executive

Provincial Executives

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