It is unconstitutional for UN to supervise ZEC, argue lawyer Toto - constitution is only relevant if it serves the people. P Guramatunhu

Prominent Zimbabwean lawyer, Tendai Toto dismisses calls by the opposition for the UN to supervise ZEC in next year’s elections.

"The provisions of section 239 of the Constitution of Zimbabwe are clear and unambiguous on the role and functions of the Zimbabwe Electoral Commission. There is no provision for some form of supervision by anybody for that matter," said Mr Toto.

"The suggestion and or the coded resolutions by opposition political parties that the international community must supervise the electoral processes of Zimbabwe is mischief.”

Our learned friend is talking like learned parrot; he will regurgitate verbatim what the constitution says with no room for common sense interpretation of the chapter and verse. Of course, one would never expect a learned parrot to understand concept that the constitution is there to save the people and not the people to save the constitution.  

The new constitution, the learned parrot, is quoting was adopted in 2013 to replace the Lancaster House constitution because the latter had failed to serve the people’s basic freedoms and human rights including the right to free and fair elections and the right to life. Even our learned parrot would not dispute that the 2008 elections were not free, fair and credible; he will be the only one to do so because even SADC and AU election observers, known for turning a blind eye to dodgy elections, refused to endorse the result as free and fair.

SADC and AU would not recognise President Mugabe as the legitimate leader of Zimbabwe unless he agreed to join up with the MDC opposition to forming a Government of National Unity (GNU). The principle task of the GNU was to implement a raft of democratic reforms and draft a new democratic constitution so that Zimbabwe’s next election will be free, fair and credible and not a repeat of rigged elections of the past.

Sadly, not even one reform was implemented in the five years of the GNU and the new constitution was a weak and feeble. It is no surprise then that the 2013 elections were, again, not free, fair and credible.

"The allegations of lost confidence in ZEC must be investigated and proven via legal and legitimate channels and forums. The alleged lost confidence in ZEC started many years back and surely steps must have been taken to investigate and bring causes of complaints in the Electoral Courts," argued the learned parrot.

Clearly our learned parrot has great difficult in understand what “not even one reform was implemented” means much less its consequences. We did not only need forms to free ZEC from the corrupting influence of the Zanu PF dictatorship but reform to free all the other state institutions like Police, Judiciary, etc. If not even one reform was implemented common sense would dictate that ZEC, Police, Judiciary, etc. are all still under the tyrannical control of President Mugabe and Zanu PF.

Lawyer Tendai Toto knows as well as anyone else out there that this corrupt and tyrannical Mugabe dictatorship has denied our people the freedoms and basic human rights including the right to free and fair elections. He knows that Zimbabwe is yet to hold its first free and fair elections.

After 37 years of rigged elections and the nation in a political and economic mess; we certainly need help. If the UN, SADC or anyone else can help us in any way so we can finally have free, fair and credible elections then we accept that help, only a fool would object!

The relative ease with which President Mugabe has established the de facto one-party dictatorship and retained it for the last 37 years is testimony to millions of Zimbabweans who, for selfish personal gain, have turned a blind eye to freedom, justice, liberty and even the sanctity of human lives. Our learned parrot is defending ZEC, the Zanu PF dictatorship and President Mugabe to ingratiate himself to the tyrant; he has his beady eyes on some patronage post!