There has been mixed reactions to a secret deal granting
immunity from prosecution to former President Robert Mugabe.
The 93-year-old ex-president was reportedly granted a $10
million golden handshake, immunity from prosecution and secured assurances that
he and his family will be protected in Zimbabwe under a deal that led to his
resignation.
University of Zimbabwe law professor Lovemore Madhuku told
the Daily News yesterday that the Constitution already gave Mugabe immunity.
“He already has immunity in terms of the Constitution.
Section 98 grants immunity to former presidents. At the time that he left
office, he already had immunity.
“When you say someone has been granted immunity, you should
also be able to say who granted him? I think the fact that Mugabe was granted
immunity is false.
"There is no immunity outside Section 98 of the
Constitution,” Madhuku said.
According to Section 98 of the Constitution “while in
office, the president is not liable to civil or criminal proceedings in any
court for things done or omitted to be done in his or her personal capacity.”
It gives immunity against civil or criminal proceedings. Another lawyer Tonderai Bhatasara said that there are
questions on who granted Mugabe immunity, if ever it was the case, arguing that
the prerogative of mercy only lies with the President.
Reports suggest on the day he tendered his resignation,
Chief Secretary to the Office of the President and Cabinet Misheck Sibanda,
attorney general Prince Machaya, Catholic priest Fidelis Mukonori, Justice
minister Happyton Bonyongwe, Defence minister Sydney Sekeramayi and Mugabe
spokesperson George Charamba had a morning meeting with Mugabe that lasted
about four hours.
“Political immunity is not supported by any law,” Bhatasara
said.
“A new government can always revoke that. It doesn’t apply
internationally. One who gives immunity is the one who has been wronged. Like
what happened in South Africa when Grace Mugabe was granted immunity, it was
South Africa that had been wronged. It’s the wronged party that can grant
immunity.
“He can’t continue to have privileges of immunity
internationally. What can only happen is that maybe the locals who have granted
him immunity can refuse to hand him over to the International Criminal Court
but if he goes outside the country, he can be arrested.
“What is not clear in this case is who was representing the
government in the agreement and his resignation letter did not state the conditions.
There is need to sanitise the immunity with statutes through a Statutory
Instrument that will be published in the Government Gazette, then people can be
able to challenge that.
“This is because there are people who were wronged and if
they keep the deal to themselves and someone raises summons against Mugabe for
atrocities he committed, they will not be able to raise the issue of immunity
as a defence,” Bhatasara said.
Opposition political parties on the other hand said
Mugabe’s age can work in his favour.
The mainstream MDC led by Morgan Tsvangirai has said it was
not a vindictive political party, but won’t subscribe to impunity and
unaccountability.
“There has to be closure to all these very unfortunate
incidents of our post-independence history.
“The victims also need closure so that they can get on with
their lives in peace,” MDC spokesperson Obert Gutu said.
“It’s up to the people of Zimbabwe to decide what Mugabe
and his garrulous wife should do in order to repair the monumental damage and
suffering that they caused to the toiling masses of Zimbabwe. We don’t call for
retribution, but we are certainly calling for truth and reconciliation as well
as justice.”
Tendai Biti’s People’s Democratic Party (PDP) spokesperson
Jacob Mafume said at his age, Mugabe would be declared unfit to stand trial.
“The man has passed the threshold for senility and dementia
for a while now. Remember he is a man who read the same speech twice and did
not realise it. During his rule, tens of thousands of people, especially from
the opposition were incarcerated by the State.
“Remember the case of the former strongman of Chile
(Augusto Pinochet), he was declared too old and sick to stand trial by an
international process,” Mafume said.
His counterpart from the National People’s Party (NPP) Gift
Nyandoro said it is unfortunate that Zimbabweans are not being told of the full
story of the said immunity deal and are hence
speculating and constrained on making meaningful comments on the issue.
“However, from a broader perspective, immunity deals should
not be done in a manner that destroys the content and essence of people’s
democratic aspirations. There is no doubt that post-Mugabe presidency, there is
need for closure of outstanding national questions like Gukurahundi massacres.
“Secondly, there is need for genuine land audit and
redistribution. The world wants to know how many farms does Mugabe have and
what happened to $15 billion of mineral proceeds he failed to account for?
National healing and a return to constitutional democracy is not achieved
through cutting of immunity deals but through comprehensive due processes,” he
said.
The Welshman Ncube-led MDC through its spokesperson
Kurauone Chihwayi said that even if Mugabe is granted immunity in Zimbabwe, he
cannot escape the ICC.
“We lost many relatives during and after Gukurahundi. Many
people were tortured during the Mugabe offences that cannot be swept under the
carpet forever. The people may demand answers from Mugabe at some stage,”
Chihwayi said. Daily News
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