A New York Times article headlined “Zimbabwe generals’ fears of prosecution threaten deal” has cut to the chase on what is proving to be the major stumbling block to the implementation of that country’s power-sharing deal.

The agreement reached previously always had contemplated that Robert Mugabe would retain the Presidency and lead the Cabinet, while Morgan Tsvangirai, as Prime Minister, would be part of the Cabinet and head a Council of Ministers that would effectively run the country on a day-to-day basis.

In order to achieve this and assuage the fears of those who are concerned with the repercussions flowing from the atrocities they committed prior to and during the recent elections, Mugabe would retain control of the military while Tsvangirai would head the police via the Ministry of Home Affairs and the critical finance portfolio.

As I set out yesterday, Tsvangirai’s control of these two key ministries is a sine qua non to Zimbabwe’s recovery because the international community would not recognise any arrangement to the contrary. In fairness to the people of Zimbabwe, the MDC, regardless of external pressure, must refuse to budge on this issue. In exercising control over same, Tsvangirai would be able to reintroduce a huge slice of the democratic processes that were strangled under Zanu-PF’s survival politics and reinforce his calls for aid and investment to begin immediately.

The problem is that once law and order, press freedom and the independent judiciary are restored, the atrocities committed by the military and Zanu-PF will become apparent to the people of that country. Actions involving murder, torture, land grabs and criminal neglect, which have occasioned the lowest life expectancy in the world, will be laid bare for all to see.

The power-sharing agreement does not provide protection for those who committed these acts, and therein lies the rub as far as they are concerned. The hunter will become the hunted.

The mediator, former South African president Thabo Mbeki, has to bridge that gap urgently. He will need to get the parties to agree on a mechanism that will put a tap on these prosecutions, which will allow them a bit of breathing space while they are agreeing on the way forward on the issue of accountability and which does not require the process to be retarded while it is being attended to.

This is not a difficult concept and merely requires an amendment to the agreement setting out whatever moratoriums and qualifications will be required to address that issue. It can be dealt with in an attorney or advocate’s chambers within a couple of hours.

Immediately thereafter, the ministers must be appointed to their portfolios as contemplated when the deal was struck in the first instance.

Author

  • Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn in 1984 (Mrs Traps, aka "the government") and has three sons (who all look suspiciously like her ex-boss). He was a counsellor on the JCCI for a year around 1992. His passions include Derby County, Blue Bulls, Orlando Pirates, Proteas and Springboks. He takes Valium in order to cope with Bafana Bafana's results. Practice Michael Trapido Attorney (civil and criminal) 011 022 7332 Facebook

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Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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