MDC PRESS
15 July 2003
MDC's response to President Mbeki's Remarks on BBC's Today Programme
Last week the MDC was deeply encouraged by President Thabo Mbeki's robust commitment to resolving the crisis of governance in Zimbabwe during his meeting with President Bush. His 'meeting of minds' with President Bush over the crisis sent a message of hope to the suffering people of Zimbabwe.
Despite this encouraging rhetoric the MDC notes with grave concern President Mbeki's interpretation of the 2-6 June successful mass action called by the MDC. On the BBC's Today Programme yesterday, President Mbeki inaccurately asserted that the MDC call for mass protests was in defiance of a High Court order that had declared such action illegal.
This was not the case. The MDC is a law abiding party and is not in the habit of defying court orders. The protests called by the MDC were not illegal.
For the record, the Commissioner of Police applied to the High Court for an order to declare the planned protests illegal. The High Court issued an order banning the protests on the evening of Saturday 31 May. Early on the Monday morning, the day mass action was scheduled to begin, the MDC successfully filed an appeal against the order to the Supreme Court. The appeal was accepted. Under Zimbabwean law, once an appeal has been filed against an order, and accepted, the order becomes null and void. As such, in a legal context, the protests were entirely legal.
Zanu PF, realising their folly, went back to the High Court on the Thursday evening, on the penultimate day of the mass action, and successfully persuaded the High Court to issue another order that cancelled the right of appeal to the previous order. This order did make the protests illegal but could not be applied retrospectively. The action of the previous four days was therefore entirely legal. On the Friday, although the MDC had placed adverts the day before calling for protests, the adverts had been placed before the High Court order was issued making the calls to protest perfectly legal. On the Friday itself no protests took place, however, people did continue to heed calls for a nationwide stayway. As Zimbabwe's Attorney General admitted, stay ways are not illegal in Zimbabwe under the terms of the constitution.
Not only are assertions that the MDC defied court orders dangerously misleading so to are reports that the ultimate aim of the week of mass action was the forced removal of the Mugabe regime. This was not our aim. The MDC cannot impose a new government or leader on Zimbabwe. Only the people themselves can do this through a free and fair election.
The aim of the mass action was to peacefully bring pressure to bear on Mugabe and his regime to enter into unconditional dialogue aimed at resolving the crisis of governance in Zimbabwe. Mass action is a process and we will continue to engage in all forms of peaceful civil disobedience until meaningful dialogue commences.
Despite Mugabe's appointment as one of the AU's 5 regional vice-chairman, we have every faith in President Mbeki's ability to act swiftly vis-a-vis the Zimbabwe crisis. He is indeed the 'point man' on Zimbabwe and Zimbabweans are looking to him to help bring an end to their suffering.
Paul Themba Nyathi
MDC Secretary for Information and Publicity
Zimbabwe Information Centre Inc, PO Box K824, Haymarket NSW 1240, Australia. www.zic.com.au
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