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(TALKZIMBABWE) Power corrupts, someone tell Mutambara

Power corrupts, someone tell Mutambara
By: Editorial
Posted: Wednesday, February 9, 2011 12:15 am

THE most important lesson involving human conduct and interaction, from individuals to governments, is seen in the cosmic law of cause and effect. The lesson begins with the understanding that the universe is a sea of energy that can be either calm or stormy, depending on how it's used.

Science is replete with many examples of this lesson, from Isaac Newton's Third Law of Motion: "For every action, there is equal and opposite reaction" to the modern addendum, "Don't get even, get smart".

Governments have continued from antiquity the practice of initiating physical force to control people, contrary to timeless wisdom. Jesus warned: "You must not propagate lies as a truth to establish righteousness... You must always labor to persuade human minds .You must never dare to compel them."

In a world that is becoming increasingly connected and where information travels at the speed of lightning, it is always crucial that a new brand of leaders develop modesty and empathy; not force and coercion, that was somewhat necessary at the time of the two World Wars and during the Cold War.

Today, Tony Blair and George W Bush are reverred for their 'forceful leadership' styles.

Lord Acton, in a letter to Bishop Mandell Creighton in 1887, remarked: "Power corrupts and absolute power corrupts absolutely". This adage seems to be ringing true today as it did then.

In Zimbabwe our very own Professor Arthur Mutambara, despite his whole library of articles on democracy and the rule of law, seems to be following the footsteps of leaders who came, saw, conquered and stayed put.

His recent article, published on this website, made very interesting reading; albeit muddled by legal misreasoning.

He seems to have borrowed from the great strategist Machiavelli: conceal your intentions, keep others in suspense, use selective honesty and generosity to disarm your competitors; and now seems to be shifting to "the other side of history".

A new science of power and governance is emerging, especially where communications are so ubiquitous and global, showing that power is wielded most effectively when it’s used responsibly by people who are attuned to, and engaged with the needs and interests of others.
Almost every recent study on power shows that once people assume positions of power, they’re likely to act more selfishly, impulsively, and aggressively, and they have a harder time seeing the world from other people’s points of view.

This presents politicians with the paradox of power: The skills most important to obtaining power and leading effectively are the very skills that deteriorate once we have power. These include, among others, empathy and understanding.

In a world governed by diplomacy and interconnectedness of states, social intelligence, responsibility, and cooperation are a sine qua non for effective leadership.

Professor Mutambara recently argued that he will not leave his post as it was created by the Global Political Agreement signed by President Mugabe, Prime Minister Morgan Tsvangirai and him.

"It was neither an accident nor an act of benevolence from any person that Arthur Mutambara, and not anybody else, took the oath of office as one of the two Deputy Prime Ministers of this country," writes the learned Professor.

Indeed, his appointment wasn't an "accident nor an act of benevolence from any person". It was the culmination of a three-year plus process that started before even Mutambara himself joined the party political fray in Zimbabwe.

By virtue of being leader of one of the formations whose leaders (Welshman Ncube and Priscilla Misihairabwi-Mushonga) shuttled between Harare and Pretoria to find solutions for our country, Mutambara became Deputy Prime Minister.

In fact, Mutambara himself argued in the post-2008 elections era that he led a 'party' that held sway in Parliament.

Today, by implication, Mutambara feels that he (Mutambara) held (or holds) that sway as an individual and can abandon the party that positioned him, and still remain positioned as DPM.

This is an interesting power paradox.

Article 20.1.6 (4) on the Composition of the Executive clearly states that: "There shall be two (2) Deputy Prime Ministers, one (1) from MDC-T and one (1) from the MDC-M". Article 20.1.6(2) names the PM as Mr Morgan Tsvangirai. The two DPM's are not named. Legally, this means both MDC-T and MDC-M choose a DPM to represent them in the inclusive Government. Whomsoever occupies the co-DPM office, therefore, does not have the permance that the PM has.

Mutambara's legal reasoning is that "The office of Deputy Prime Minister is a creature of the Constitution of Zimbabwe by virtue of the Constitution of Zimbabwe Amendment Number 19 Act. Accordingly, it is an office of state. As an office of state, it exists to serve the people of Zimbabwe regardless of race, tribe, sex, political party affiliation or religion. For the avoidance of doubt, the office of the DPM does not serve one political party."

He is right, but the person who holds that office comes from a political party, according to Article 20.1.6 (4). He or she cannot be plucked from anywhere! That means Mutambara and "the DPM Office" are two different legal personalities.

If the Office of the DPM is destroyed (say by repealing C.A.19), the other (Mutambara the person) will remain leader of the MDC, but the reverse cannot be true. If Mutambara were to resign today, the DPM office will remain -- as long as C.A.19 is in force.

The President, according to Section 20.1.3 (k) "formally appoints Deputy Prime Ministers, Ministers and Deputy Ministers in accordance with this agreement", but does not nominate them. The parties do. That is why PM Tsvangirai could reshuffle is fraction of the Cabinet, and President Mugabe 'officially' appointed them.

Dr Lovemore Madhuku's contention that it is the prerogative of the President to relieve the DPM of his duties, is therefore simply untrue. The President represents Zanu-PF, not any of the formations of the MDC. He is Head of State and Government, not 'Head of the MDCs'.

The individual that represents the MDC in any office in Government (if it is in Government), cannot be permanent.

Mutambara's argument that he took an Oath of Office, therefore should stay on as DPM is a weak one. An Oath of Office does not create permanency of tenure. It is simply an affirmation of his loyalty to Zimbabwe's Constitution or other national legal documents and privileged information. The Oath lasts for as long as the individual holds the Office.

He further argues that " I would never have taken the oath to serve this country in the office of Deputy Prime Minister, if I had not committed myself to serve this country faithfully for the entire duration of the Inclusive Government."

Every minister, every permanent secretary and every officer of Government takes an oath with the desire to see projects through, otherwise why would they do it? Recalls and reshuffles are a feature of party and Government politics.

Mutambara is right in stressing that he is indeed dispensable by saying that "no single Zimbabwean is indispensable", but he claws that statement back when he argues that "there are specific national projects, programs and coordinative activities that I am spearheading in my capacity as DPM, and it will be detrimental to the national interest for me to abandon them midstream".

It wouldn't be detrimental, as the next person that takes over the Office can execute those "projects, programs and ... activities". That is why permanent secretaries, directors and other functionaries in ministries and government offices exist -- to ensure continuity and smooth running of projects. Mutambara is simply a political animal in that matrix.

In any case, is Mutambara suggesting that he will remain in Office beyond the GPA if those projects, programs and activities are not completed?

All ministers in Government have "projects, programs and ... activities" they are co-ordinating and would like to see through, but if they lose elections, they are replaced by new ones.

The twisted legal reasoning that "In our national Constitution, there is no facility for a political party to recall a sitting DPM" presupposes that a sitting DPM can be anyone; elected or unelected, who so wishes to occupy that post. This is flawed reasoning. It is wrong legally because, as stated above, the DPM post is created by Article 20.1.6(4), but not necessarily for Mutambara.

Comrade Thabo Mbeki was recalled by his party, even though there was no "facility" in the South African Constitution "for a political party to recall a sitting President". But, the legal reasoning was that the party leader should be the President, if that party is in power.

The morality of that move can be questioned, but it is the law. The MDC Executive, the party's decision-making body, has that power.

Mutambara is right in saying, "I am an ex-officio Member of Parliament which means that I am a member of that august House". But he is wrong is saying that he is an MP "by virtue of my being a DPM". The reverse is true. He could not have been a DPM, if he was not an MP. That is why only sitting MPs are appointed to Cabinet.

He is also right in stating that he is not an "MP elected on a party ticket", but the reasoning behind this statement is legally wrong. He was "appointed on a party ticket". If he was not leader of the MDC, he wouldn't have been appointed an ex-fficio Member of Parliament. His party did not win the elections.

The statement: "I will cease to be an MP the moment I stop being DPM, and not the reverse. That is the law," is true, but is an incomplete statement. The reverse is also true. He will cease to be DPM when he ceases to be an MP, that is why he was first appointed as an ex-officio MP before becoming DPM.

Mutambara is also wrong to say that the leadership of the MDC is in limbo while awaiting final determination by the High Court. The Roman-Dutch and the English legal traditions that characterise our legal system allow for institutions to remain functional until such determination (or judgment) is made, not the opposite; otherwise we create an anarchic situation whereby organisations are shut down whenever there's litigation.

Innocence and smooth functioning of government and institutions are virtues held in high regard by our legal systems. That is why individuals are innocent before proven guilty; otherwise we restrict freedoms unnecessarily.

By using the argument that he will not leave office before the judgment by the High Court, Mutambara is then defeating his earlier argument that there is no constitutional basis for the MDC to recall him. He surely cannot have his cake and eat it.

The professor argues that "it is important that the decisions of the courts are not pre-empted, in particular by the Executive arm of Government, for that would undermine the independence of the Judiciary." Why is he then mixing up party political issues and Government issues if he is proclaiming that his Office is independent from the MDC party?

In summary, Mutambara is right in saying: "This is the sad state of the MDC Party".

While many of us celebrated his exemplary attitude back in December 2010 when he unequivocally claimed that he would not run for any position, after MDC constituencies had openly backed Professor Welshman Ncube, we are saddened to witness this paradox in the professor, barely two months after.

What could have impregnated the heavens is such a short space of time?

“Power tends to corrupt; absolute power corrupts absolutely.” Unfortunately, this is not entirely a myth, as the actions of Europe’s monarchs, Enron’s executives, and out-of- control pop stars reveal. The cosmic law of cause and effect, while guiding us, should never override us.

As someone who bangs on about the illusive and elusive concept of "generational intervention", we expect more from Mutambara.

A great deal of research has found that power encourages individuals to act on their own whims, desires, and impulses; but new states cannot be run thus. Contemporary diplomacy needs leaders who are empathic and can learn from others, not always seeking to teach.

A study recently carried out revealed that when researchers give people power in scientific experiments, those people are more likely to physically touch others in potentially inappropriate ways, to flirt in more direct fashion, to make risky choices and gambles, to make first offers in negotiations, to speak their mind, and to eat cookies like the Cookie Monster, with crumbs all over their chins and chests.

We are silently anticipating that Mutambara will eat his cookie in a less messy way and will resist every temptation to be corrupted by power now, or if he is ever to get higher power in the future.

Comments: info@talkzimbabwe.com

Labels: ARTHUR MUTAMBARA, POLITICS

posted by MrK @ 7:27 PM