Madhuku’s remarks come in the wake of Tsvangirai’s decision to sue President Robert Mugabe in the High Court where the MDC president wants the unilateral appointments made by the veteran leader nullified.
“You don’t take political matters to court,” said Madhuku. “What Tsvangirai has done is to aid Mugabe. This is an unwise decision, a wrong strategy that leaves him exposed and yet he could have acted differently.
“Tsvangirai has to be careful. Some of the decisions he takes are unwise. His strategies at times are wrong and these make people wonder if he is the right man to be president of this country. You want a leader who instills confidence in people rather than doubts,” he said.
The University of Zimbabwe public law lecturer and constitutional expert said by taking Mugabe to court, Tsvangirai has made a mistake which could benefit Zanu PF.
“The issues he has taken to court are part of the agenda in the negotiations. What Tsvangirai has done is to arm Mugabe by taking them to court because they will now have to be decided on by the courts,” Madhuku lamented.
“Mugabe and Zanu PF will now find an excuse and say let the courts deal with the issues. We don’t want to tell Tsvangirai what he should have done other than saying he should have acted differently by not taking political matters to court,” Madhuku told the Daily News.
Tsvangirai, through his lawyer, Selby Hwacha, wants the High Court to nullify the re-appointments of the provincial governors by Mugabe which he said were done unconstitutionally.
The gubernatorial posts have been a subject of haggling and dispute in the wobbly inclusive government which is now tottering on the brink of collapse following the breakdown of relations between Mugabe and Tsvangirai.
“As Prime Minister of the Republic of Zimbabwe, I have a duty and obligation to uphold the rule of law and to seek redress in the event of any violations of the Constitution of Zimbabwe and/or the rule of law in general,” said Tsvangirai in his application.
“I have the same rights as a citizen. Personally and as a Prime Minister, I am determined to fulfill and enforce the terms of the Constitution and to re-orient attitudes towards respect for the Constitution, national laws, the rule of law and defence of democratic values.
“Most regrettably, what has caused and compelled me to file this application is the fact that the first respondent, the President of Zimbabwe, has violated the Constitution. Sadly it appears clear that the violations are intentional,” he said.
“Although there are numerous other instances of the first respondent’s violations of the law, especially in making appointments unilaterally, this application concerns the appointment of Provincial Governors.”
The appointment of provincial governors was among the issues that the November 2008 SADC summit held in South Africa said should be addressed by the three principals to the Global Political Agreement (GPA).
A sharing plan had been worked which could have seen Tsvangirai getting five provinces, Zanu PF four provinces and the smaller faction of the MDC one province.
While Tsvangirai and Mugabe continue to quarrel, Madhuku said it was foolish to expect SADC to do more than what it had done in trying to placate Zimbabwe from economic and political turmoil.
Said Madhuku: “SADC is just a fiction which has been propelled by headlines created by you, journalists. Bodies like SADC, UN and so on are not known to go beyond certain functions. SADC cannot do more than what it has done – to bring the GPA and the inclusive government.”
He said members of SADC were more concerned with dealing with their own domestic matters and said the absence of Zambian leader Rupiah Banda and Mozambican President Armando Gebuza at the SADC troika summit on Zimbabwe last week in Botswana, was indicative of their priorities.
Banda had an engagement in Brazil and could not make it to the meeting on time, leaving both Tsvangirai and his deputy Arthur Mutambara seething at the regional body which had invited them. – Daily News