Therefore the Zimbabwe Constitution and White Farmer Compensation are Voidable
In 2008, unfree and unfair elections were held in Zimbabwe, in an environment where one political party was being assisted by 7 years of illegal coercive measures (a crime against humanity) and economic sabotage by the west upon Zimbabwe.
Through these crimes against humanity, the west were punishing the Zimbabwean people by preventing the government from delivering basic services to its citizens, to force the people to vote for MDC in elections to achieve undemocratic regime change.
NOTE: As a consequence of these unilateral coercive measures, a UN special envoy visited Zimbabwe in October to measure the negative impacts of these sanctions and declared them illegal, a violation of international law and human rights. I have been saying the same for the past four years, that they are illegal measures that have been identified as crimes against humanity [in the UNHRC resolution 34/13] that deprive people of their human rights, which include social, economic, political and democratic rights.
And history shows clearly that MDC were assisted by this crime against humanity (sanctions) to get votes in the 2002 Presidential elections and the 2008 harmonized elections, after people were forced to vote for them to end 6 years of suffering under sanctions.
As a result (after these elections), MDC won a majority in parliament, and they never challenged those results, illustrating MDC’s active ratification of the fairness of the 2008 parliamentary elections.
Then, in the Presidential results, none of the candidates who contested the first round, got more than 50% plus-one to be President.
None of the parties challenged this first round of Presidential results either (even though they were unfree and unfair and tilted to MDC’s favor by sanctions), thus, those contestants agreeing to a run off, was an endorsement of the first Presidential election results, as being legitimate.
There was then a run off which Morgan pulled out of 5 days before elections, citing violence, conveniently forgetting that the Zimbabwean people had been getting killed, displaced, deprived and injured by the crime against humanity of sanctions for 7 years prior to the elections, giving his party an advantage.
Accordingly, the elections were held as scheduled and Morgan lost. Right here, the issue of elections was settled legally, by a legitimate plebiscite in which Mugabe won even after machinations to make it difficult for ZANU PF to win.
But, the Elders: Mandela, Gracia and Koffi Annan came to Harare and met Gideon Gono after Mugabe refused to see them.
The Elders would then demand that Mugabe create a unity government or else they would submit a report to the UN Security Council that NATO would then use to intervene militarily in Zimbabwe, Libyan style, with or without UN support.
Thabo Mbeki also said that in 2001, the British government had asked him for permission to invade Zimbabwe, illustrating that regime change, by all means, was a standing agenda of the west.
According to a Wikileaks leak of a conversation between the US government and MDC, Chamisa asked the US government to invade Zimbabwe if ZANU PF refused to accept the GNU https://wikileaks.org/plusd/cables/09HARARE38_a.html.
It’s clear from the above irrefutable evidence that coercion, duress and threat of force were the reasons that the GNU happened in Zimbabwe.
So, Zimbabweans were criminally coerced by both illegal sanctions by the west (crimes against humanity, which punished people to force them to vote for MDC) and then they were forced by the threat of military action to accept a unity government that enabled MDC (people who terrorized their way into power) to contribute to the creation of our supreme law (2013 constitution), which is now contested today because of a lack of public consensus.
As a consequence, in 2018, Zimbabweans were flabbergasted when they discovered that their constitution mandated that they had to compensate white farmers (with $3.5bil of debt) for developments white farmers had made on stolen land.
The reason Zimbabweans were flabbergasted by this was they never knew that their constitution required them to compensate white farmers for developments on stolen land, yet black Zimbabweans never got their land returned or reparations for 90 years of colonialism oppression.
This is a clear illustration that there was never consensus ad idem (a meeting of the minds) by the people of Zimbabwe on compensating white farmers.
Moreover, a clause that seeks to force Zimbabweans to take a loan that they can’t afford, to compensate people who were unjustly enriched by colonialism, or by buying property stolen during colonialism and never returned to the people, was never in the public interest (as the constitution enjoins laws to be).
So, that constitutional point is not a product of the people, but it was forced upon COPAC (Constitution Parliamentary Committee) negotiators, by MDC members of COPAC who came to power by a human rights crime; pressure from the UN, the west, western sponsored NGOs and the threat that western sanctions (crimes against humanity) would not be removed.
I am sure, the report of the UN will interrogate whether Zimbabwean elections have been the will of the people under the coercion of sanctions and threat of war, emanating from the same regime change agenda of the sanctions.
And, if the UN proves that the sanctions, which are crimes against humanity, got MDC into power by duress, it would mean that MDC were in the GNU through a crime against humanity and thus the current 2013 constitution was a product of crime.
This would also mean that white farmer compensation must be halted because it might turn out to be illegal, after all, as the constitution mandating it is a product of a crime against humanity.
We should also then debate if MDC are not criminally liable for using a crime against humanity to terrorize, deprive and kill Zimbabweans for power.
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Rutendo Bereza Matinyarare was born in Zimbabwe but he lives in South Africa. He studied marketing and project management, but now works as a full time Afrikan social engineer. His life's creed is captured in his words: "As a man I seek to die having fulfilled my destiny to humanity, not having consumed much.”