D.Tinashe Hofisi: Reflections

Like several countries, Zimbabwe is in a state of lockdown. In response to the Covid 19 pandemic, the Minister of Health promulgated a series of statutory instruments  to prevent further infections. Individuals are confined to their homes by law except in such circumstances as grocery shopping and purchase of drugs. It is only the forms of work which are deemed essential services which are to continue until 3 May 2020. The statutory instruments also provide for compulsory testing and allows members of the military to assist the police in enforcement. These measures are laudable to the extent that they combat a highly infectious global pandemic. However, this noble intention does little to mask patent constitutional invalidity. The 2013 Constitution contains an expansive declaration of rights. These rights are heavily implicated by the national lockdown. The prohibition of gatherings suspends the rights to freedom of association, assembly, expression and the right to dem...

This post explores the aftermath of the Supreme Court decision against the MDC. Whilst the judgment is binding on the MDC, its members have insisted on the MDC Alliance (MDC-A) identity and assert that the judgment is only binding on the MDC-T. This is an instance of political mobilization to contest the meaning of judicial outcomes. It poses interesting questions about the main opposition party’s relationship with the courts. These are dealt with in just five sub-headings: 1.     Who is the MDC-T? The MDC-T is, according to the Chamisa camp, the party formerly led by Morgan Tsvangirai and currently under the stewardship of Dr. Thokozani Khupe. The court judgement only refers to the MDC, but prominent MDC members argue  that since the pleadings referred to the MDC-T, this is the entity bound by the judgement. They also claim that, since Advocate Chamisa and others ran on the MDC-A ticket, they are not bound by the judgement. The concession that the pa...

The Supreme Court ruling on the MDC leadership wrangle sparked a national debate on parties, constitutions and congresses. This post adds to that debate by answering ten (10) questions which assess the significance of the various formations of the MDC. All assertions about the MDC Alliance agreement are in terms of the version I have been availed. 1.     What is a political party? In a broad sense, a political party is any group of persons representing themselves as such. Zimbabwe has a liberal approach to political party formation and University of Zimbabwe Professor, Eldred Masunungure remarked that it might be easier to form a political party than open a bank account. There is no registry of political parties. Whilst the Constitution protects the right to form and be part of a party, there are no requirements for their recognition. A political party includes any political organization according to the Electoral Act, whilst the Political Parties Finance...

On 31 March 2020, the Supreme Court delivered a unanimous ruling in the seemingly interminable battle over stewardship of the Movement for Democratic Change (MDC). In the case of MDC and Others vs Elias Mashavira and Others SC 56/20 , the Supreme Court confirmed the ruling of the High Court against Advocate Nelson Chamisa, casting further doubt over the future of the main opposition. This post unpacks the judgement and its likely implications. 1.     Background On 8 May 2019, Justice Edith Mushore ruled that the appointment of Advocate Chamisa and Engineer Elias Mudzuri to the positions of vice president was contrary to the MDC constitution. The MDC was ordered to hold an extra-ordinary congress under the stewardship of Dr. Thokozani Khupe as Acting President. The MDC then exercised its right of appeal, allowing Advocate Chamisa to be elected party president in the intervening period . 2.     Grounds of Appeal Numerous grounds of appea...