Harare, 14 November 2008
NOTING the resolution of the African Union of the 30th of June 2008, taken in Sharm El-Scheikh, Egypt, on the resolution of the Zimbabwean crisis, dialogue commenced between ZANU PF and the MDC culminating in the MOU on the 21st of July 2008, and the Global Political Agreement (GPA) on the 11th of September 2008 with the signing ceremony on the 15th of September 2008.
AWARE of the high expectations of the people of Zimbabwe and Africa following the execution of the GPA.
NOTWITHSTANDING that the GPA was to come into effect immediately after its execution, ZANU PF has in fact prevented the implementation of this agreement and its consummation.
NOTING the material unresolved and outstanding issues connected to the dialogue in particular;
i. The non-enactment of Constitutional Amendment No. 19
ii. The appointment of Provincial Governors
iii. The appointment of senior government officials such as Permanent Secretaries and Ambassadors
iv. The equitable distribution of ministerial portfolios
v. The composition and constitution of the National Security Council
vi. The fraudulent and unexplained alteration of the agreement of the 11th of September 2008 and the one that was signed on the 15th of September 2008
APPRECIATING the keen desire of SADC and other key institutions of seeing a genuine resolution of the Zimbabwean crisis and expressing gratitude for the huge amounts of time and effort devoted by the same leaders to the same,
DESIROUS of achieving finality to the current dispute given the economic meltdown and the massive suffering of the people of Zimbabwe reflected in entrenched poverty the collapse of public health, education, transport , water and energy crisis, monetary policy dislocation and supersonic inflation.
CONCERNED with the obstructionist approach, lack of paradigm shift and the entrenched power retention agenda of ZANU PF reflected in;
a. serious breaches to the Memorandum of Understanding,
b. renewed violence, abductions and assaults against the MDC and the people of Zimbabwe in the obvious direction of replicating the post 29 March barbaric violence, in particular the arrest and continued detention of MDC Mashonaland West senior leadership such as Concilia Chinanzvavana and 10 others at unknown centres,
c. concerned about the hindrance, denial and obstruction of food aid to Zimbabweans,
d. the vicious attack on Civic Society members such as Jennie Williams and Magodonga Mahlangu of WOZA, Lovemore Madhuku of NCA and members of ZINASU,
e. the vicious and unmitigated hate speech, propaganda and unbecoming statements in the State media,
f. the crafting of an assassination plot, code named Operation Ngatipedzenavo intended to eliminate the MDC leadership and decimate the Party through frivolous allegations, and
g. ZANU PF training of militia in Zimbabwe to be redeployed back into the country from neighbouring countries posing as MDC bandits and rebels.
FURTHER CONCERNED about the non-sitting of Parliament and the destructive interference with Local Authorities and MDC Councillors.
Now this Council resolves that:
1. The Party expresses acknowledgement for the role and efforts of SADC and the AU in finding solutions to the crisis in Zimbabwe.
2. The MDC rejects:-
a. The Organ Troika's resolution and Communiqué of 28 October 2008 seeking to erroneously reduce the sticking points to only the Ministry of Home Affairs.
b. The SADC "ruling" and communiqué of the 9th of November 2008 on the basis that the same was unprocedurally arrived at in that Robert Mugabe, an interested party, sat in during deliberations in total defiance of the SADC Chairman's ruling that the three Zimbabwean parties recuse themselves
c. The Communiqués of the 28th of October and 9th of November ignored the other five outstanding issues, in particular, the principle of equity and the fact that a new government cannot be formed without Constitutional Amendment No. 19 and all other issues remain outstanding.
3. Given the lack of sincerity and lack of paradigm shift on the part of ZANU PF, the MDC shall participate in a new government once Constitutional Amendment No. 19 has been passed and effected into law.
4. Implores the high offices of SADC and the AU as underwriters and guarantors of this agreement to step in and ensure a successful conclusion and finality to the current breakdown.
5. Notes that there was a sham election on the 27th of June 2008 and therefore neither Robert Mugabe nor ZANU PF have the legitimacy of forming any government or running this country in the absence of the consummation of the GPA, the enactment of Constitutional Amendment No. 19 and the resolution of all other outstanding issues. In addition, the SADC resolution of the 9th of November does not bestow any right on Robert Mugabe or ZANU PF of forming any government or inviting any Party to joining that government.
6. The longer that this crisis remains outstanding, then the obligation on SADC, AU and the people of Zimbabwe that a transitional authority be instituted pending the enactment of a new people driven constitution and the holding of elections under African and international supervision.
7. In the event of an illegitimate government being unilaterally formed, the MDC will not be part to the same and will peacefully, constitutionally and democratically mobilise and campaign against the illegitimate government.
8. The humanitarian crisis has to be urgently attended and that ZANU PF and its interim authority must ensure free, unfettered availability and access of food aid and more importantly the international community must exercise its obligation of Responsibility to Protect under the United Nations.
9. The MDC submits itself before God and reaffirms its commitment to the present dialogue and more importantly reaffirms its commitment to achieving democratization in Zimbabwe through constitutional, peaceful nonviolent and democratic means.
10. Parliament must be convened as a matter of urgency to carry out its normal business of overseeing the Executive.
11. Ignatius Chombo and the ZANU PF authorities desist from obstructing and interfering with the work of Local Authorities.
FOR AND ON BEHALF OF THE SUFFERING AND STRUGGLING PEOPLE OF ZIMBABWE.