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Zimbabwe Report

Mugabe Must Not Be Granted Amnesty

January 20, 2003

A story published recently in the Times in London revealed that a secret deal brokered between Zanu (PF) and the MDC would allow for Mugabe to leave quietly, whilst granting him immunity from prosecution for his actions. This was naturally denied by official Zanu (PF) structures, causing the usual confusion as to the veracity of any situation that is commonly experienced by those of us buried beneath the propaganda treadmill. Whether this plan is true or not, it is a matter of some concern that any such deal should be sought. It is completely unjustifiable and wantonly immoral to allow the actions of a leader such as Robert Mugabe to pass unprosecuted. Furthermore, to say that this will remove Mugabe from the seat of power and therefore pave the way for reform and reconciliation is dangerously naive.

Joseph Msika, as Vice President would fill the role of presidency over the interim period leading to a referendum, although in all probability Emmerson Mnangagwa, the Speaker for Parliament, would make a concerted bid to replace Mugabe in the Zanu (PF) hierarchy. It is certain that neither of these two are likely to implement a drastic reform programme. Rather, the collective sigh of relief uttered by the nation once Robert Mugabe has left would allow the same policies to be implemented for a period without drawing comment, consequently worsening the situation.

But the issue of succession is not the real problem at hand. Rather, it is the question of accountability. Africa is rife with corruption, a societal ill that stifles trade, inflates bureaucracies, and effectively presents an insurmountable obstacle to the improvement of life for those not privy to a place on the gravy train. This arises largely from the reality that few are ever held accountable for their actions--those few with whom the law eventually catches up can usually find some way to buy or bargain their way out of severe repercussions or retirbution. In Zimbabwe this is even more the case; innumerable corruption scandals have come to light over the course of the last 10 years, and in all but a few cases, the culprits were not only not imprisoned, they were maintained in their positions of power.

The principles of justice are overturned in such a system, and this inevitably leads to societal decay. We have all been witness to this disintegration over the last few years. There has been a steady and worrying atrophy of the rule of law, with uniformed forces and governmental bodies not only condoning the violence, but in many documented cases both abetting and perpetrating violence. The law has been applied selectively and wantonly, leading to a state of barely-contained anarchy in many areas (and utter anarchy in such places as the commercial farms). Arrests are often politically-linked, and even some high court judges are apparently jumping onto the gravy train. A good example is Justice Ben Hlatshwayo, who has taken over a farm in the Banket area, despite the fact that there is no section 8 order on the farm, and in violation of a high court ruling preventing him from doing so. If high court judges put no stock in high court rulings, then it is hardly surprising that nobody else does.

Mugabe's amnesties, declared to allow for "reconciliation" after the atrocities of the Gukurahundi and the electoral violence, carry the overt message that he wants to let bygones be bygones. However, the reality is that he is effectively merely exonerating those who have caused harm and pain to tens or hundreds of others, and caused the state of violence that allowed him to maintain his position. In South Africa a Truth and Reconciliation Commission was carried out to allow those who were injured and wronged during apartheid to at least tell the world of the horrors they had been through. Telling one's story is a vital first step in the healing process, and without this airing people are often unable to overcome the trauma of events. Effectively, Mugabe has robbed thousands of Zimbabweans of a chance to heal, and what is more, instilled in them a fear that if they do report human rights violations, they will be further victimized.

Clearly, without accountability, society cannot operate effectively. The entire concept of justice, and of an equal society, is based on the premise that people are responsible for the consequences of their actions. It is true, as Tsvangirai pointed out last week, that many members of the armed forces were merely carrying out orders as is their duty. However, we do not agree that they can therefore be entirely absolved of any responsibility. Certainly, those who gave the orders are responsible in some manner, but any person is required in society to morally assess the consequences of his actions, and to act accordingly. Thus, those people who carry out systematic torture at the behest of state organs are no less morally reprehensible than the men who gave the orders, and should be answerable as such. They should not be granted a blanket amnesty, but rather each case should be prosecuted and judged on its merits, and justice should take its course.

How much more so should this be the case for the leader of a nation that has suffered terribly under his rule? Mugabe could be forgiven from making some "difficult but necessary" decisions, since the position of ruler of a nation inevitably carries the onus of responsibility for hard decisions. However, it is undeniably the case that Mugabe's decisions through the course of his career have been more than questionable, and most especially in latter years. When he leaves his office, Mugabe MUST be brought to book for these actions, because if he is exonerated, the entire basis of societal justice will have been overturned. If Mugabe is granted an amnesty for his actions, then what hope do any of the thousands of people, whose homes and lives have been violently sundered as a result of their moral standpoint, position or political beliefs, have of ever seeing justice done for them? And if no justice is meted out, then what prevents anyone from taking what they desire at the point of a gun? We will no longer have a police force, but a mob of armed gangsters carrying out the will of men who are safely ensconced from the dread realities of life on the ground. And the man on the street will have to live in fear, every day, of having what is rightly his taken from him by force.