Friends and fellow countrymen and women, Zimbabwe is a Constitutional democracy and any law or conduct that is inconsistent with the the Constitution of Zimbabwe is invalid to the extent to which it is so inconsistent with the highest law of our land, Sec 2. Since the adoption of the New Constitution of 2013, something that though imperfect, doctored by political parties but had people of our country involved in the process of its making, Zimbabwe entered a new era, an era of self realization in terms of its laws and the judiciary. We acknowledge that this will take time before we are a fully constitutional conscientious people. Our government is not eager to get our people to fully reap the benefits of this document which the government has nonetheless started mutilating so that in another decade we might not be able to recognize it.
The principle of isonomy refers to the equality of all before the law. We should as the law naturally regards us all be seen through its eyes as equals before it with no one seen to be above it or short circuiting it without regard or repercussions. Zimbabwe is not a Parliamentary democracy where the parliament can sit down and make laws that infringe on provisions of the Constitution and there be no consequences. Our Constitution clearly demands that certain actions be observed which among others include that the army is not partisan but national security is secured in terms of the Constitution (Sec 206(2)), that the army upholds the Constitution (Sec 212), and that its operations are subject to the Constitution (Sec 207(2)), and that members of the security services must act in accordance with the Constitution of Zimbabwe and the law (Sec 208(1).
It is upon these few provisions without going into each provision from sec 2, sec 3, sec 206 to sec 213, sec 89, 107,110 of the Constitution, and paragraph 14 of part 4 of the Transitional Provisions and Savings of the Constitution that this court application is anchored.
We would like our fellow country men and women to be under no illusion ((that we are not lap dogs or puppets of) (as we are clear that our actions are not intended to benefit)) the previous administration of former President by Coup, President Mugabe, that we are not clamoring for his reinstatement, nor our we here for his cause and anything that happens must happen as a consequence of the operation of the law. The usurpation of authority by the deployment of the military without the authority of the CIC of the defense forces on the 14th of November 2017 going forward was mutinous and an act of seizing power by means not provided for by our Constitution in direct contrast and violation of those so provided for. Our request from the courts is simple, it is that the law be observed and followed.
We cannot allow the army, never desirable for them to be closer to civilian affairs to meddle with such affairs to the extent of exercising civilian power and taking over civilian government and assume that life will be normal again. Such a precedence cannot and must not be ever allowed to set, or settle. We believe that our Judiciary will, now that we have approached it, declare such actions unconstitutional and frowned at in Constitutional democracies and SADC and AU must stand upright and revert to, and honor their protocols especially the Charter on democracy, elections and governance of 2007, particularly the preamble, Article 3, which states total rejection of unconstitutional changes of government, Article 10, supremacy of Constitution, Article 23 on coups, replacement of democratically elected government by armed dissidents or rebels.
The law must be applied equally and fairly to all and the animal kingdom kind of scenario must be frowned at. Many Zimbabweans were excited at the removal of President Mugabe because he had been unlawfully kept in power by the army and sank the ship of livelihood, but they hoped that the army would not interfere in the chartering of a way forward and were pleasantly surprised when a Constitutionally fired Mr Mnangagwa was brought back and there was an enmass retirement of the army into political positions in government which clearly showed the intent of the seizure of power as personal gain and rebellion from Civilian Authority in direct violation of the Constitution rather their claims.
Africa is entering into uncharted territories in this age by legitimizing Coups by measuring the extent of violence as a means of accepting them as legitimate means of changing governments, because it was either bloodless or peaceful. A coup is a coup period, blood or no blood spilt, once there is forcefully removal, it matters not whether there is resistance but once there is the threat of force and harm then there is force even if the target does not retaliate and further to that as Zimbabweans we have seen enough violence to shy away and coil into our shells than challenge actions of the army and our government. We have learnt of these dangers from lessons proffered by Gukurahundi, the accidental death of dissenting voices, e.g Sydney Malunga, the violent 2000 to 2008 killings of opposition supporters and leaders, the media blackout on such events, the Itai Dzamara and many other disappearances of people without traces. Zimbabwe understands unequivocal the meaning of the army, CIOs and police on their streets and villages, these spell death, even Mr Mnangagwa himself once fired and perceived to be on the other side of government he had to vanish because he understood and understands the modus operandi of his government.
We know that this does not sit well with those in power and to them we are inviting their scorn and invoking them to flex their illegal security muscle against us, but Zimbabwe deserves better, Zimbabwe deserves a Constitutional order, rule of law, and respect of freedoms that the Constitution gives the people of Zimbabwe and the equality of all before the law.
This application is, not anything, other than a freedom, and a right! than a privilege that our Constitution gives us, as shown by sec 51, 52, 53, 56, 57, 58, 59, 60, 61, 62, 67, 68, 69 and in this case particularly sec 164, 165 which states that justice be done to all irrespective of status and that judicial authority is derived from the people of Zim as per sec162.
JF Kennedy in 1960 said ‘ask not what your country can do for you, ask what you can do for your country’. We have a responsibility as citizens of the world and particularly of Zimbabwe to hold to account those who have authority over us to govern responsibly and accountably and never to suffer them to exploit or abuse us using the authority we have delegated to them.
In closing, this is about our Constitution, it is not about Mr Mugabe, nor is it about individuals in the army, it is not about opposition politics, nor fame, but the just cause and demanding those upon whom the constitution demands that they uphold it, that they so do and including all of us, and that the law will protect those that are vigilant and who demand the respect of their rights and that our society must rise and be vigilant to ensure the protection of the rights of all and our Constitution and freedoms and rights that were hard earned through the blood of our liberation war heroes, those past and present. This case is about the Constitutionalism, the truth and justice above popularity and political expediency.
Thank you.
Linda Tsungirirai Masarira - Revolutionary Freedom Fighters Chairperson
Dr. Vusumuzi Sibanda - Liberal Democrats Chairperson
Bongani Nyathi - Political Activist.
