Party State Conflation Must Be
Checked
Dumisani O. Nkomo
The late Father Zimbabwe Joshua
Nkomo noted in his auto biography that he once asked the then Prime Minister of
Zimbabwe, Robert Mugabe which was the supreme organ of the state and he stated
to his great shock and horror Mugabe replied that the party and the central
committee were the supreme organs in the country and the government was
subservient to the party [Nkomo, The Story of My Life]. As we head towards the
harmonized elections the divide between the state and the party continues to
grow thinner and in many cases the state organs, structures, apparatus, events and
processes have been diluted, engulfed in and swallowed by party processes. Quite
clearly ZANU P.F seems quite happy to continue with the legacy of confusing and
conflating the party and the state as it presents a clear electoral advantage. This
is an ideology which they have consistently pursued since independence and this
has contributed significantly to advantages of incumbency and unfair head
starts in elections.
Candidate or Head of State
It is increasingly becoming
difficult to distinguish between President Mnangwagwa as the head of state and
government, and Emmerson Mnangagwa as the president and first secretary of Zanu
P.F. It was clearly an oversight that in the 2013 Constitution there was failure
to limit the tenure of the Head State to perhaps a month before the elections
and possibly allow the Chief Justice to take charge of the country in the
interim. Whilst the current arrangement is the case in most jurisdictions, our context
where the party and the government relationship has been exceedingly abused it
will be necessary in 2023 to have amendments that will ensure that any
incumbent does not carry forward any electoral advantages. It has become next
to impossible to distinguish between state events for example and party rallies
as government resources and apparatus are being used for party processes.
Welfare and Food Interventions
It has become a norm for either
sitting Presidents or their wives to distribute inputs, food, blankets and
other hand-outs. I have no qualms about this as long as they are sourcing these
freebies from their own pockets. However in many cases the source of the
handouts is not revealed and in some cases programmes run by the department of
social welfare for example are hijacked by the party for political purposes. Such
was the case in Umzingwane Ward 5 recently when a Council aspirant from the
ruling party hijacked a social welfare programme for political purposes and
purported that is was a party programme.
Public officials who donate food,
inputs and other freebies must declare the source of these donations as in many
cases these are actually government or taxpayer funds and not an expression of
the kindness or benevolence of politicians.
Government Vehicles
Election observers both local and
international must be on the look out for government vehicles that are used or
abused during political rallies either transporting officials, party functionaries
or equipment to be used for the purposes of political meetings. This gives an
unfair advantage to the political party in power whether it is ZANU P.F or
M.D.C Alliance if they then win the 2018 elections.
Government Officials and
apparatus
The Constitution in Section 200, out
rightly outlaws civil servants abusing their offices for partisan ends [Zimbabwe
Constitution]. Whilst they have a right to belong to a political party of their
choice they must not in the discharge of their duties, demonstrate affiliation
to political parties and in doing so disadvantage other political players and
or violate the fundamental freedoms of citizens. Sadly senior government officials
including District Administrators, Rural District Council officials and Heads
of Government departments have become regular features at rallies especially
those addressed by the President in his capacity as party president and those
addressed by vice President Constantine Chiwengwa. This ultra vires the Constitution
and urgent action needs to be taken to ensure that civil servants are not made
to attend political rallies in their official capacities or do not out of their
own volition playing leading roles in
organizing ZANU P.F or other political party events.
Traditional Leaders
In terms of both the Constitution
and the Traditional Leaders Act, traditional leaders including Chiefs, Headmen
and Village Heads are not allowed to engage in partisan politics. It has
however become the norm to see them at political rallies organized by the
ruling party and in some instances actively mobilizing people to attend party meetings.
However due to the conflation of the party and government at times they
themselves are not sure about the difference between state events where the President
is presiding as Head of state and government and events where he presides as a
leader of a political party and a candidate in the elections. Traditional
leaders must not be seen at such events as the law clearly forbids them to do
so. The allowances they receive are not due to the benevolence of the party but
the obligation of a government which is accountable to the people who finance
the government through taxes.
Conclusion
There must be a clear distinction
between the party and the state resources, personnel and apparatus that belongs
to the government must be used by and for government purposes for the good of
the governed regardless of political
parties. Public officials must declare the source of donations especially if
such donations are from government or are as a result of government actions or
government to government actions. It is also imperative to ensure that once an
election is proclaimed, candidates should be prohibited from doing out freebies.
After all, if they are that benevolent they have over four years if not their
entire lifetimes to do so. It is also abundantly clear that whilst the Constitution
outlaws some practises which promote party/state conflation the absence of a
culture of upholding the Constitution or constitutionalism is at the heart of
this cardinal collective malpractice.
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