The MDC appeal at the African Commission on Human and People’s Rights will be nothing more than political theatre. MDC Alliance counse...
The MDC appeal at the African Commission on Human and
People’s Rights will be nothing more than political theatre.
MDC Alliance counsel Tembeka Ngcukaitobi, has confirmed
that the team was preparing to take the case to the commission.
“We will be filing the petition with the commission this week,”
he said adding that “the jurisdiction of the commission appears wide enough to
encapsulate claims about denial of the right to a free and fair election, at
least as part of the right to self-determination”.
The Daily Maverick reports that the Chamisa team might find
themselves turned away by the commission at the outset, seeing that domestic
legal remedies were available to them and that the process had been followed –
and that Mnangagwa’s inauguration had even been postponed to allow it to
unfold.
But even if the commission hears the case, it’s likely to
be little more than just another stab at political theatre, and the commission
can at best offer recommendations.
Former chairperson of the African Commission for Human and
People’s rights, Pansy Tlakula, said: “The commission’s processes are slow, and
Zimbabwe has ignored almost all the recommendations of the commission.”
Zimbabwe has ratified the African Charter on Human and People’s
Rights and had an obligation to listen to the commission.
“The commission has to decide first whether the case is
admissible before it. They will write to Zimbabwe for a response. In most
instances they don’t respond,” she said.
“The commission cannot even refer the case to the African
Court because Zimbabwe has not ratified the court protocol.”
Piers Pigou from the International Crisis Group said going
to the African Commission for Human and People’s Rights would nevertheless give
the opposition a chance to “profile and promote why ED’s legitimacy is
suspect”.
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