Thursday, December 18, 2008

Politburo vetoes declaration of State of Emergency

ZIMBABWE - HARARE - President Robert Mugabe on Tuesday decided against
declaring a state of Emergency in Zimbabwe, after mulling this option,
ending intense speculations that kept the country on tenterhooks.

After a string of statements from both the ruling party and opposition
politicians since late last weekend, openly speculating about President
Mugabe's plans to declare a State of Emergency, a top Politburo member
announced that Emergency was not being clamped and "all speculations and
rumours about it are unfounded".

The official, who spoke after attending the crucial Zanu-PF Politburo
meeting in Harare Tuesday, said the President wants free, fair and
transparent elections if the talks with the MDC failed. He had played safe
since weekend neither confirming nor denying moves to clamp Emergency.

"The President wants free, fair and transparent elections if the talks with
the MDC flops," the official said. "Any action that will play a negative
role is not in line with his thinking.

In the current situation, the President thinks that there is no requirement
of a State of Emergency and that is why there is no question of imposing
Emergency now," he said.

Mugabe's decision came a day ahead of the official opening of his Zanu-PF
national people's conference in Bindura tomorrow. He opens the conference
with his party embattled and deeply divided, rocked by massive factionalism
and desertions.

Significantly, the official admitted there was pressure from different
quarters for the imposition of a State of Emergency. There was pressure on
the President from different political sources that it was time to impose
Emergency, but the decision was left for President Mugabe himself to make,
he said.

Outgoing Justice Minister Patrick Chinamasda stocked the speculation fires
when he said that there was "compelling evidence" that the MDC was preparing
for war while negotiating and that condition was ripe for a state of
Emergency and the government was seriously considering it.

He said the MDC was working with Botswana, offering military training to MDC
supporters. Chinamasa had also cited "external and internal threats" and the
deteriorating law and order situation in the country.

"There is a provision in the constitution regarding imposition of emergency
but the president is of the opinion that the present time is not fit for
enforcing it," the official said.

Many political analysts believe that the accusations that the MDC could have
been linked to the shooting of Air Marshall Perence Shiri last weekend made
some government ministers to openly speculate about it.

Also, exiled former MDC President, Morgan Tsvangirai, widely reported to be
a special guest of Botswana President Ian Khama, said that imposition of
emergency would be a 'drastic' step.

President Mugabe reportedly considered the option of either going for
emergency which could be imposed without a resolution of the combined
meeting of parliament consisting of house of assembly and senate.

The immediate benefit of the emergency, which besides suspending fundamental
rights, also empowers him to dissolve the opposition-dominated Parliament
which is refusing to form government before he gives them key ministries,
diplomatic appointments and perm sec posts.

While the state of emergency was to restrict courts to enforce fundamental
rights, a lawyer with the Zimbabwe Lawyers for Human Rights said if it was
imposed there was sufficient scope for the Supreme Court to decide whether
the conditions were justified or not for imposition of emergency.

"There was absolutely no case to impose emergency. Even if Pressident Mugabe
had imposed it, the Supreme Court would have struck it down. We were going
to ensure that," he said.
He however admitted: "But it would have been a tough call."

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