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Gibson Nyikadzino Correspondent
There is a legal phrase that is mostly abused by Zimbabweans when they cannot respond to facts, thus saying, “this law is unconstitutional” or “the law is illegal”.
Lawyers and legal minds deemed apt have unfortunately been at the lead to mislead the people who bandwagon around them.
Situations like these call for urgent action on how best the State can remodify and reconstitute components of Zimbabwe’s civic education.
The law is not made unconstitutional because someone said so.
Rather, that a law is unconstitutional or illegal is made so when it has been challenged in a superior court, and in the case of Zimbabwe, it is the Constitutional Court that does so when a matter is brought before that court.
This week, President Mnangagwa highlighted that once the Private Voluntary Organisations (PVO) Amendment Bill which recently passed through Senate, arrives at his desk, he will sign it “speedily, too”.
Independent media, opposition lawyers and Western sponsored heads of non-governmental organisations (NGOs) have been quick to say this “law is unconstitutional” even when President Mnangagwa has not accented to it, and when no one has made an application at the Constitutional Court challenging the constitutionality of the yet-to-exist “law”.
Some Zimbabweans, when they are not rationally balanced, are quick to dismiss certain aspects happening in society or at a national level through influences of group-think.
The desire for harmony or conformity in certain political and social groups eliminates the common-sense that should prevail when assessing issues factually.
Those deemed opinion leaders find pleasure misleading people just to score political points.
What is good for the goose . . .
At the turn of the millennium and as years recently progressed, anti-state nationals have spent time before the United States Congress lobbying for sanctions against Zimbabwe.
Mr Tendai Biti and the late Mr Dewa Mavhinga did so under the pretext that they had “powerful friends” in America.
It is in the US that the Logan Act of 1799 exists and is still used up to this day.
The Logan Act makes it illegal for US citizens to engage in unauthorised foreign diplomacy, including to “influence the measures or conduct of any foreign government” or to “defeat the measures of the United States.”
In 2020, while trying to get done with the Logan Act, US Congressman Mr Guy Reschenthaler introduced the Time to Repeal an Archaic Policy (TRAP) Act which could not have takers from his compatriots because they believe the antiquated act has a role to play in the post-industrialist times.
His submissions pointed out that the Logan Act was an “unconstitutional statute” without challenging it in court.
The same common position held by US Congressmen in not buying the proposal to repeal the Logan Act equates to the common position taken by legislators and senators in Zimbabwe to see the logic in having the PVO Amendment Bill pass through the two houses of our bicameral parliament, enroute to Presidential Accent.
‘Lawfare’ as new conflict strategy
In the field of international politics, conflict is taking various forms, shapes and character. Where sanctions have been used, the principle of “lawfare” has been used as a stick by great-powers to force compliance from small states.
The law has now become a weapon being used by the USA to bring carnage in national economies, challenge the status core, support opposition and advance its interests.
There is a weaponisation of the law going on to undermine the interests of sovereign states.
Through legalised injustice, the USA in December 2001 firstly crafted the Zimbabwe Democracy and Economic Recovery Act (ZIDERA), whose consequences and outcomes that targeted ordinary citizens were praised by fellow compatriots who prayed for a veneer to unconstitutionally grab political power through a regime change agenda.
Secondly, against Zimbabwe, the US has used the African Growth and Opportunity Act (AGOA), its core of economic policy and commercial engagement with Africa to by-pass and stop Zimbabwe from accessing American markets as a punitive measure.
Last year, US politicians debated the Countering Malign Russian Activities in Africa Bill, whose malevolent impact on African states was dwindled over the interests of the US.
The Bill, currently on hold, was formulated because more than half of the African countries chose to be neutral or non-aligned on United Nations resolutions following Russia’s special military operation in Ukraine.
According to the Bill, sovereign African countries that are friendly to Russia and are home to Russian investments need to be investigated, held accountable and punished for being friends to the East European country as they are guilty through association.
These injustices are done against sovereign states in the name of using the law to advance American interests.
Anger over declining influence
Historically, the US advanced from a position of isolationism to one of reluctant intervenor, to global policeman. The country has further transformed itself into what many others view as a global bully. Occurrences in South East Asia where the US is circling China by having increased military bases in the Philippines, Taiwan, South Korea and Japan signal that there is failure to withstand diplomacy on the part of the US.
Furthermore, the proxy conflict against Russia through Ukraine is indicative of a larger problem facing US foreign policy, which currently now favours troops and sanctions over diplomacy and diplomats.
In essence, the US has surrendered its “moral high ground” and making its use of armed force and the weaponisation of the law make it increasingly appear illegitimate to the residents of other countries, and increasingly in Africa.
Standing against bullies
In Western political circles, NGOs are referred to as “the second CIA”. The CIA is not famous for overt operations, but for covert business.
The anger expressed by Western nations with the pending enactment of the PVO Amendment Bill raises questions on their intentions in Zimbabwe. The West wants to typify what the French call a “rapport de force” where they think they are bigger than all of humanity, governments and powerful than all.
These actions are stuff of bullies. Bullies are scared of looking weak, scared of what would happen if they were not being bullies especially when other states are not scared of them.
This is broadly what the West and the USA show to the rest of the world when they decide to get involved in the affairs of another country, like in Zimbabwe through politicised NGOs.
By many voices threatening Zimbabwe over the PVO Amendment Bill, the West is in other ways sending a message to Zimbabwe that they are scared of what Zimbabwe might do, so they are likely to harm Zimbabwe first.
As a sovereign, Zimbabwe also has interests to protect from the Western sponsored NGOs, who in their missions, some are doing nothing but gathering intelligence for covert operations on behalf of the West.
In addition to more than 800 overseas military bases the USA has, NGOs also work as intelligence offices on behalf of the West. Therefore, the laws to protect Zimbabwe remain operational when enacted. Unless their constitutionality is challenged and a ruling is given by a competent court, there is no need for people to be misled.
As the USA has used the law to protect its interests like any other country, Zimbabwe also needs to do the same because in protecting national interests, no law is bad, after all. If the law was that bad, Zimbabwe’s land reform exercise could not have happened.
The promulgation of the Land Acquisition Act is among the many trails of evidence that the law is key in directing national goals.
Zimbabweans, remember we are one. This is homeland!
Online Reporter