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Richard Muponde Zimpapers Elections Desk
THE law of unintended consequences is a frequently observed phenomenon in which any action has results that are not part of the actor’s purpose.
The superfluous consequences may or may not be foreseeable or even immediately observable and they may be beneficial, harmful or neutral in their impact.
In the best-case scenario, an action produces both the desired results and unplanned benefits; in the worst-case scenario.
However, the desired results fail to materialise and there are negative consequences that make the original problem worse.
This best describes how the opposition CCC under the leadership of Nelson Chamisa is finding itself after adopting strategic ambiguity for its participation in the August 23 harmonised elections, a strategy they thought would catapult the party and the leader to State House.
The strategy proved to be fatal and saw Chamisa and his party having to deal with double candidates in some constituencies, as well as leaving a disgruntled support base, resulting in dismal performance against the well-organised ZANU PF whose presidential candidate was President Mnangagwa.
ZEC declared President Mnangagwa the winner of the election with 52,6 percent of the vote against Mr Chamisa’s 44 percent.
ZANU PF garnered a majority of 136 directly elected members of the National Assembly, which rose to 176 after the 60 proportional representation women’s seats were declared, along with the 10 special youth seats.
CCC had 73 directly elected National Assembly members and ended up 103 members after the proportional representation for women and the youths quota were factored in.
To save face due to their disastrous performance, the CCC is now clutching to the discredited SADC Elections Observer Mission (SEOM’s) preliminary election report issued by the compromised head of mission, Mr Nevers Mumba of Zambia, to call for fresh elections.
However, unperturbed by the CCC shenanigans, the Zimbabwe Electoral Commission has already Gazetted the winners of the 23 August harmonised elections with President Mnangagwa as President-elect.
The CCC has not filed a court petition with reports that appetite for such is low because Chamisa does not have the V11s forms to claim victory nor prove that the elections were rigged.
This has rendered the CCC’s calls for a fresh election a blow of hot air and Zimbabwe is now waiting for the inauguration of President Mnangagwa for his second term.
Political analysts said the Chamisa and his CCC’s call for fresh elections was a public relations stunt as there is no chance of fresh elections, unless they approach the Constitutional Court and obtain an order to that effect.
Bulawayo-based veteran journalist, Mr Methuseli Moyo, said there were no prospects of a fresh elections except if the opposition petitions the Constitution Court and gets an order, otherwise whatever they are saying is because the CCC is in denial of defeat.
“The loss seems to have really upset them. Clearly they are struggling to accept it. Their comments are motivated by bitterness. They know themselves that what they are pushing for will not happen,” Mr Moyo said.
“No chance of fresh elections, unless the Constitutional Court orders so.”
Mr Moyo said what the CCC was doing was to base their arguments on a discredited SEOM preliminary report. However, no observer mission can call for a fresh election in a sovereign country.
“An observer is like a guest at a wedding. It is not their wedding. They may not like the food and the entertainment and the decor, but they have no right to take the microphone and discredit the wedding. Some observers did exactly that. Maybe when they came they imagined they would make history by witnessing Zanu PF lose elections, but it was not to be,” he said.
Mr Moyo said to add salt to CCC’s wound, there has been no precedence in Sadc where elections have been held afresh because certain parties were unhappy.
“It has never happened. Elections are an expensive, constitutional issue that cannot be re-run because someone is unhappy. The Constitutional Court is the only route. So far they have not demonstrated or proved any issue that would warrant a court challenge,” Mr Moyo said.
Zanu PF chief presidential agent and Minister of Justice Legal and Parliamentary Affairs Ziyambi Ziyambi is on record saying claims by CCC and its cohorts were ridiculous as they are coming from sore losers.
“Section 93 (1) of the Constitution is clear about what an aggrieved person must do. They must file a petition within seven days of declaration of the winner by ZEC. Our Constitution is also clear that we hold an election once every five years. That has been done. There is no provision for another election as demanded by CCC,” said Minister Ziyambi.
“Section 93 (3) requires the Constitutional Court to hear and determine the petition within 14 days. The decision of the court shall be final.
“There is no reason for His Excellency, President Mnangagwa and ZANU PF to give away their win. If anything, Zimbabwe as a sovereign State cannot be pressured to change its Constitution or domestic laws by a regional or international observer mission or SADC itself or the European Union.”
Political analyst and executive director of Global Economic Consultancy 2020 Group, Mr Naboth Paurosi Dzivaguru said the Government’s gazette of election winners authenticate that the SEOM report is just but tutorials and a call for fresh elections is just unrealistic and practically impossible.
“First and foremost, the SEOM preliminary report is not peremptory, it’s just an observation paper which is however not binding.
“Secondly, the country’s municipal laws take precedence over any regional or international laws, practices, customs, regulations and principles. So recommendations may not be viewed as law but as mere academic notes that may be used in future. The country’s national coffers will never afford that,” Mr Dzivaguru said.
“It is like forcing the camel to enter through the eye of a needle. No fresh elections, but a home-grown settlement involving major parties for the benefit of the country and its people is possible.
“An observer mission should not usurp the country’s election body but just restrict itself to observing, noting and making recommendations that proffer lasting solutions,” he said
“We had never had any precedence where SEOM recommendations tore apart the election results and caused a rerun. The opposition has rights and privileges to seek recourse in the courts of the land.
“The law is simple, the aggrieved should just favour the courts with competent and convincing evidence that indeed electoral chicaneries were committed. Outside that, the case would be deemed frivolous and vexatious and consequently trashed out into the bin or thrown out through the window.”
Mr Dzivaguru said the opposition seems to be in denial mode.
“It never anticipated that the result would be in their disfavour. So the task left for them is to manage the mood of their supporters till a time when acceptance overcomes denial. I think the only thing that should be pursued now is to find each other as brothers. Agree in terms on the way forward for the good of the country and its people,” Mr Dzivaguru.
He said it is common in politics that after an election, the contesting parties may sit down and build “golden bridges” for each other for the benefit of the country and its people.
“Zimbabwe may take the Commonwealth formula, but however it’s not exhaustive.
“The country should be guided by best practices dotted around the world. The ultimate goal is that every single citizen should participate in nation building,” Mr Dzivaguru said.
“President Mnangagwa said that every vote counts and every voice matters. The ultimate beneficiary should be this country Zimbabwe, a pride of SADC.”
Efforts to get a comment from CCC national spokesperson Mr Promise Mkwananzi failed to yield any results as he was not answering calls nor responding to delivered WhatsApp texts. – @muponderichard.
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