– 1 – Love in a Time of Cholera Thabo Mbeki’s Relationship with Robert Mugabe, 2000–2008 [December 2008] In his book Diplomacy, Dr Henry Kissinger discusses the place of the issue of human rights in the East–West struggle during the Cold War. He writes that: ‘Reagan and his advisers invoked (human rights) to try to undermine the Soviet system.’ … It is clear that some within Zimbabwe and elsewhere in the world, including our country, are following the example set by ‘Reagan and his advisers’, to ‘treat human rights as a tool’ for overthrowing the government of Zimbabwe and rebuilding Zimbabwe as they wish. In modern parlance, this is called regime change. Thabo Mbeki, open letter to the ANC, December 2003.1 Realistically, Zimbabwe will never share the same neighbourhood with the countries of Western Europe and North America, and therefore secure its success on the basis of friendship with these … It may be that, for whatever reason, you [Tsvangirai] consider our region and continent as being of little consequence for the future of Zimbabwe, believing that others further away, in Western Europe and North America are of greater importance. Thabo Mbeki, letter to Morgan Tsvangirai, November, 2008.2 The Movement for Democratic Change (MDC) has long been suspicious of any claim by Thabo Mbeki to be an honest broker in the Zimbabwe crisis, having raised concerns in this regard from the moment South Africa showed itself willing to endorse the fraudulent elections of 2000.3 Recently, calls by the MDC for Mbeki to recuse himself as a facilitator to an accord between the 1 ‘We will resist the upside-down view of Africa’, ANC Today, 3(49), 12–18 Dec. 2003, <http:// www.anc.org.za/ancdocs/anctoday/2003/at49.htm>. 2 ‘Mbeki and MDC’s explosive exchange’, The Star, 28 Nov. 2008, <http://www.iol.co.za/index. php?set_id=1&click_id=68&art_id=vn20081128052242195C129532&singlepage=1>. 3 James Myburgh, ‘No change in ANC Zimbabwe policy’, MoneyWeb, 5 Apr. 2007, <http:// www.moneyweb.co.za/mw/view/mw/en/page292686?oid=84771&sn=2009+Detail&pid=292676>. 1 Chapter One parties have grown louder.4 Given the track record of the Mbeki administration towards Zimbabwe and Robert Mugabe, it is moot that Mbeki should have been allowed to occupy the position of facilitator at all. Three clear policy determinations have characterized the Mbeki administra tion’s approach to Zimbabwe: •The policy of ‘quiet diplomacy’, the hallmark of which was a refusal to address and, by extension, to condemn, human rights abuses and crimes against humanity perpetrated by the Mugabe regime and its supporters, no matter how egregious.5 In terms of this policy the strongest criticism ever levelled by the Mbeki administration in relation to human rights abuses has been to call on ‘all parties’ to refrain from violence even when there is clear documentation showing that the violence is perpetrated almost exclusively by ZANU(PF) supporters. This approach reached its most bizarre point when the call for ‘all parties’ to refrain from violence was repeated after the MDC leader, Morgan Tsvangirai, along with several supporters, was brutally beaten in police custody on 11 March 2007 and images of his injuries and those of others were broadcast around the world. •The policy of blocking any criticism or proposed actions against Zimbabwe in international forums. This policy was articulated in the Mbeki administration’s refrain that Zimbabwe issue must be resolved ‘by Zimbabweans’. •The policy of deflecting pressure for action on Zimbabwe by claiming that talks or negotiations between the contesting parties in Zimbabwe are in progress and alternative or supplementary action is not necessary while these talks are under way.6 An overview of Mbeki’s and his administration’s policies since 2000 illustrate this quite clearly. In 2000, ZANU(PF)’s seemingly immutable, yet complacent, hold on power was shaken when a government-sponsored new constitution for Zimbabwe was 4 ‘Mbeki urged to step down as Zimbabwe talks collapse’, SW Radio Africa, 20 Jan. 2009, <http://www.swradioafrica.com/news200109/mbeki200109.htm>. 5 Foreign Minister Nkosazana Dlamini-Zuma is quoted as stating that ‘the world would never hear one word of criticism of Zimbabwe “as long as this [African National Congress] government is in power”. ’ Tony Leon, ‘Depressing consistency in Mbeki’s stance on Mugabe’, Business Day, 29 Apr. 2008, <https://africanpress.wordpress.com/2008/05/03/zimbabwe-depressing-consistencyin-mbekis-stance-on-mugabe-opinion>. 6 This policy has been noted by others – see, for example, ‘Road Map to Democracy in Zim babwe’, speech by Tony Leon MP, Leader of the Democratic Alliance, at the South African Institute of International Affairs Johannesburg, 2 Dec. 2003, <http://www.polity.org.za/article/ leon-roadmap-to-democracy-in-zimbabwe-02122003-2003-12-02>. 2 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 rejected in a February referendum. Given that parliamentary elections were sched uled for June 2000, and that the constitutional referendum had been interpreted more as a vote of no confidence in Mugabe’s rule, drastic action was required by ZANU(PF) if it was to regain its previously unwavering support in rural areas. Widespread invasions of white-owned farms began within days, accompanied by extreme state-sponsored violence that left many farm-workers and white farmers dead, women raped, labourers tortured, and hundreds of thousands of workers displaced and jobless.7 The clear intention was to destroy the support that white farmers were providing to the recently formed MDC opposition and to eliminate opposition to ZANU(PF) emanating from farm labour.8 As much of the world watched aghast while atrocities took place on the farms, the Mbeki government implemented an economic ‘rescue package’ for the Mugabe regime of close to R1 billion which had been announced a few weeks earlier. This ‘rescue package’ included more than twenty joint-investment projects in Zimbabwe that would benefit ANC-supporting Black Economic Empowerment partners and South Africa’s state-owned corporations, such as the Development Bank of Southern Africa and the Industrial Development Corporation. Other beneficiaries were South Africa’s power and fuel giants ESKOM and SASOL, to whom the Mugabe regime was heavily indebted.9 Opinion on Zimbabwe, particularly in relation to the land invasions, became divided along racial lines. Some regarded Mugabe’s land policies as representing a genuine attempt to address ‘one of the enduring legacies of colonialism’ – largescale white ownership of land. Others, and particularly governments in the West, viewed the land invasions as a cynical ploy to maintain power by destroying the base of the opposition.10 Addressing concerns by the (largely white-supported) South African opposition Democratic Alliance over rights abuses in Zimbabwe, Mbeki made clear his position on the issue, stating that the ‘clamour over 7 See Zimbabwe Human Rights NGO Forum, Politically Motivated Violence in Zimbabwe 2000–2001 (Harare: Zimbabwe Human Rights NGO Forum, 2001), <http://www.hrforumzim. com/frames/inside_frame_reps.htm>. 8 Zimbabwe Human Rights NGO Forum, Injury in Addition to Insult: A Preliminary Report on Human Rights Violations on Commercial Farms, 2000 to 2005 (Harare: Zimbabwe Human Rights NGO Forum and the Justice for Agriculture Trust [JAG] in Zimbabwe, June 2007), available at <http://www.swradioafrica.com/Documents/farm_seizures180607.pdf>. While other reports have attempted to place the motivation for the land invasions more firmly in the context of land reform – see, for example, Mahmood Mamdani, ‘Blood, land and sanctions’, The Independent, 25 Feb. 2009, <http://www.independent.co.ug/index.php/column/comment/70-comment/626blood-land-and-sanctions> – interviews with over 2,000 farmers and farm-workers conducted by the Research and Advocacy Unit in Zimbabwe suggests otherwise. 9 ‘Zimbabwe: Economic rescue package’, IRIN, 22 Feb. 2000, <http://www.irinnews.org/Report. aspx?ReportId=12436>. 10 See Dale T. McKinley, Commodifying Oppression: South African Foreign Policy towards Zimbabwe under Mbeki, March 2003, <http://www.sarpn.org.za/documents/d0000263/P254_McKinley.pdf>. 3 Chapter One Zimbabwe reveals [the] continuing racial prejudice in South Africa’.11 He also commented, ‘We are engaging this issue. We are in favour of land redistribution in Zimbabwe. You couldn’t sustain a colonial legacy and let it be.’ 12 The violence and chaos of the land invasions in the period 2000–2002 spilled into the electoral process with endemic and brutal attacks on those opposed to ZANU(PF), particularly in areas where opposition support was the strongest. In early May 2000, in the month before the June elections, Mbeki flew to Bulawayo. A photograph taken of him walking hand-in-hand with Mugabe on his arrival was soon to become an all-too-familiar image of comradely partiality.13 Indeed, Mbeki’s public displays of affection for Mugabe stand in stark relief to his careful avoidance of opposition leader Morgan Tsvangirai. During this visit Mbeki blamed the violence in Zimbabwe on the fact that the land question was still ‘unresolved’. A few weeks later Mbeki travelled to the United States where he declared that, despite the high levels of continuing violence, there was no reason to think the elections in Zimbabwe would not be free and fair: ‘If you stand there a month before the elections and already discredit them, I don’t think that is correct.’ 14 Despite the widespread and systemic violence and intimidation, South Africa’s official observer missions for the parliamentary election of 2000 and presidential election of 2002 gave both polls a clean bill of health. The observer group of 2000, headed by Mr Tony Yengeni, former ANC Chief Whip, a man whose integrity the South African government felt was appropriate to the task, was dispatched to Harare. Yengeni (who was subsequently convicted of fraud in relation to South Africa’s controversial ‘arms deal’) pronounced the elections ‘free and fair’ on the basis that the two days of voting had been marked by ‘tranquillity’.15 This finding simply ignored the months of mayhem, oppression and violations of human rights that had preceded the voting. Back in South Africa, the report was subsequently amended, with the finding that the election was ‘free and fair’ replaced by the more ambiguous term ‘credible’.16 11 ‘[Letter from the President:] Clamour over Zimbabwe reveals continuing racial prejudice in SA’, ANC Today, 1(9), 23–29 Mar. 2001, <http://www.anc.org.za/ancdocs/anctoday/2001/at09.htm>. 12 Questions answered by President Thabo Mbeki in the National Assembly, 26 March 2003, Cape Town, <http://www.thepresidency.gov.za/president/pqa/q0326-03a.htm>. 13 See ‘Mbeki urges end to land crisis’, BBC News, 6 May 2000, and accompanying photograph, <http://news.bbc.co.uk/2/hi/africa/737257.stm>. 14 ‘Mbeki backs Mugabe’s UK observer ban’, The Mercury, 24 May 2000, <http://www. themercury.co.za/index.php?fSectionId=3535&fArticleId=qw959163181609B216>. 15 ‘DP slams Yengeni as “unprofessional” ’, Independent Online, 29 June 2000, <http://www.iol. co.za/index.php?set_id=1&click_%20id=13&art_id=ct20000629092243771Y525785>. 16 James Myburgh, ‘The ANC’s support for Mugabe, 2000–2003’, PoliticsWeb, 10 July 2008, <http:// www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71639?oid=93869&sn=Detail>. 4 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 A similar approach was taken by Dr Sam Motsuenyane, who headed the South African government’s observer mission for the 2002 presidential election. The report issued by this group announced that ‘the authorities charged with conducting the elections discharged their work satisfactorily, except for the decision to reduce the number of polling stations in some urban areas’.17 The exception alluded to referred to the deliberate reduction of the number of polling stations in key opposition strongholds, which made it physically impossible for an estimated 400,000 voters (the margin by which Mugabe officially won the election) to cast their vote in Harare alone.18 Court orders to extend the voting times were ignored or incompletely applied, and voting regulations requiring booths to remain open for those queuing to vote were flouted. The report pointed out that ‘campaigning was characterised by polarisation, tension and incidents of violence and intimidation. The intention seems to have been to intimidate members of other parties’.19 This representation effectively glossed over the empirical evidence that over 90 per cent of the violence was perpetrated by ZANU(PF) supporters on opposition supporters. The report also noted that ‘The Constitution of Zimbabwe provides for a free press’, but failed to explain that the only independent daily newspaper (the Daily News) had been under constant threat and harassment, which included the bombing of its presses by government supporters. The report also ignored the fact that the Zimbabwe government retained exclusive control over all electronic media, of which it took full advantage to promote ZANU(PF). Motsuenyane’s observer group nevertheless announced the elections as ‘legitimate’.20 Mbeki had also commissioned Judges Khampepe and Moseneke to observe and report to him on the 2002 elections. What was believed to be a scathing report issued by them was suppressed by Mbeki, leaving the Motsuenyane report as the final South African verdict on the fraudulent election.21 South African government observers went through the motions again for the 2005 elections, which again clearly did not meet the basic electoral requirements to be considered free and fair. In the months prior to these elections, SADC adopted a set of ‘Principles and Guidelines on Elections’ 17 Interim Statement by the South African Observer Mission to the Zimbabwean Presidential Elections of 9 and 10 March 2002, 13 Mar. 2002, para 6, <http://www.dfa.gov.za/docs/2002/ zimb1303.htm>. 18 Zimbabwe Human Rights NGO Forum, Human Rights and Zimbabwe’s Presidential Election: March 2002 (Harare: Zimbabwe Human Rights NGO Forum, May 2002). 19 Interim Statement, para. 7.2.1. 20 Ibid, para. 10. 21 ‘Mbeki “ignored judges” on Mugabe’s stolen poll’, Business Day, 12 May 2008, <http://www. kubatana.net/html/archive/demgg/080512bday.asp?sector=ELEC&year=2008&range_start=391>. 5 Chapter One to guide electoral conditions and conduct amongst member states.22 Mugabe duly played along, introducing largely cosmetic changes to the electoral pro cedures, which Mbeki accepted at face value. Despite the establishment of a new electoral commission, it remained comprised of members seemingly pre pared to do the bidding of ZANU(PF) and Mugabe. There had also been no significant improvement to pre-election conditions, yet Mbeki continued to reason that all was well: Things like an independent electoral commission, things like access to the public media, things like the absence of violence and intimidation – those matters have been addressed … I have no reason to think that anybody in Zimbabwe will act in a way that will militate against elections being free and fair.23 Mbeki’s response to the 2000, 2002 and 2005 elections in Zimbabwe was consistently out of kilter with most international observers. The EU had roundly condemned the violation of basic electoral standards and imposed travel restrictions on senior ZANU(PF) officials in 2002.24 In the same year, the Commonwealth also responded by suspending Zimbabwe as a member. Despite having been part of a three-country committee that had recommended suspension, in March, 2002, Mbeki criticized the Commonwealth’s decision.25 Seemingly intending to relieve pressure on Mugabe, Mbeki announced he would be facilitating meetings between ZANU(PF) and the MDC to resolve the Zimbabwe issue.26 The following month, South Africa played a key role in blocking a condem natory resolution on Zimbabwe at the annual meeting of the United Nations 22 SADC Principles and Guidelines Governing Democratic Elections, <http://www.sadc.int/ index/print/page/117>. 23 Quoted in ‘Sokwanele’s response to statements made by President Mbeki’, 4 Mar. 2005, <http://www.sokwanele.com/articles/sokwanele/sokwanelesresponsetombekiscomments_4marc h2005.html>. See also ‘Mbeki opens his mouth and puts both feet in it to defend Zimbabwe polls’, Cape Times, 4 Mar. 2005, <http://www.capetimes.co.za/index.php?fArticleId=2434330>. 24 ‘EU agrees Zimbabwe sanctions’, BBC News, 18 Feb. 2002, <http://news.bbc.co.uk/2/hi/ africa/1827827.stm>. 25 ‘C’wealth officials meet Obasanjo over SA U-turn’, Daily News, 27 Mar. 2003, available at <http://www.zimbabwesituation.com/mar27b_2003.html>; and see ‘Shock at Mbeki’s “offensive” Zimbabwe comments’, Sunday Independent, 14 Dec. 2003, available at <http://www.afrika.no/ Detailed/4519.html>. 26 Patrick Bond, African Development/Governance, South African Subimperialism and Nepad. Paper presented at the International Conference on ‘The Agrarian Constraint and Poverty Reduc tion: Macroeconomic Lessons for Africa’ (Addis Ababa, Ethiopia, 17–19 Dec. 2004), 19, <http:// www.networkideas.org/feathm/dec2004/Conference_Papers/South_African_Subimperialism_ NEPAD_PB.pdf>. 6 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 High Commission on Human Rights (UNHCHR).27 In successive years, Mbeki’s administration repeatedly introduced motions of ‘no action’ on the situation in Zimbabwe at the UNHCHR, effectively averting any formal debate on the issue. Mbeki’s administration followed up its 2003 no-action motion by calling for Zimbabwe’s reinstatement into the Commonwealth.28 South Africa sub sequently cancelled the Commonwealth’s review meeting on the issue, which would have meant that Zimbabwe’s suspension would have lapsed.29 However, fearing eventual renewed suspension, Mugabe unilaterally withdrew Zimbabwe from the Commonwealth. The Mbeki administration’s stance at the UNHCHR was echoed in other bodies of the United Nations. At the 59th Session of the General Assembly’s Third Committee (Social, Humanitarian and Cultural) in 2004, South Africa also proposed a no-action vote on the crisis in Zimbabwe. The South African representative criticized what he considered a double standard whereby countryspecific human-rights-based resolutions were ‘only drafted to address crises in developing countries’, claiming that this ‘constituted an affront to the integrity of the African political leadership’.30 In 2008, the South African government used its position (and, at one stage, that of Chair) on the United Nations Security Council to prevent any action on Zimbabwe. In April 2008, South Africa combined forces with China to prevent the Zimbabwe issue from appearing on the Council’s agenda. Again, in June, South Africa blocked debate on Zimbabwe’s political situation, demanding that only the humanitarian situation be discussed. This stance was defended by South Africa’s foreign affairs’ Chief Director for UN Issues, Xolisa Mabhongo, who argued that Zimbabwe did not pose a threat to international peace and security.31 Such reasoning avoided realities on the ground, including the regional implications of the mass exodus from Zimbabwe, which was undoubtedly a contributing factor in the xenophobic violence which erupted in South Africa in May 2008,32 the recent spread of cholera to South Africa from Zimbabwe 27 Tom Lodge, Quiet Diplomacy in Zimbabwe: A Case Study of South Africa in Africa, 5, <http://www.ascleiden.nl/pdf/paper1373299325.pdf>. 28 ‘Commonwealth split by “Zimbabwe problem” ’, New York Times, 9 Dec. 2003. 29 ‘Commonwealth “to re-admit” Zimbabwe’, BBC News, 10 Feb. 2003, <http://news.bbc. co.uk/2/hi/africa/2743743.stm>. 30 ‘Concluding current session, Third Committee decides to take no action on human rights situations in Sudan, Zimbabwe’, Press Release, GA/SHC/3811, <http://www.un.org/News/Press/ docs/2004/gashc3811.doc.htm>. 31 ‘Notes following UN Security Council Briefing by Mr Xolisa Mabhongo, Chief Director: United Nations, Union Buildings, Pretoria, Tuesday 10 June 2008’, <http://www.dfa.gov.za/docs/ speeches/2008/mabh0611.html>. 32 ‘South Africa’s hard truths’, The Guardian, 19 May 2008, <http://www.guardian.co.uk/ commentisfree/2008/may/19/southafricashardthruths>. 7 Chapter One on account of a collapsed water and sewage-reticulation system,33 and the Zimbabwe government’s claims in November 2008 that MDC activists were receiving military training in Botswana for cross-border insurgency.34 In July 2008, South Africa again adopted this stance by lobbying Russia and China to exercise a veto against a resolution which would have imposed an arms em bargo on Zimbabwe and sanctions on Mugabe and eleven of his supporters. South Africa argued that sanctions were inappropriate at a time that it was facilitating negotiations between ZANU(PF) and the MDC.35 Mbeki’s approach thus provided protection for Mugabe in international forums, including during meetings of the African Union. In 2002, the African Union’s (AU) Commission on Human and People’s Rights undertook a factfinding mission to Zimbabwe to investigate allegations of human rights abuses. The Commission’s team found evidence of ‘political violence ... torture ... and arbitrary arrest ... of opposition members of parliament and human rights lawyers’.36 The report was formally adopted by the AU in January 2005. In May of that year, Mugabe’s government embarked on what it called Operation Murambatsvina. This ‘operation’, under the guise of ‘urban renewal’, resulted in the demolition of thousands of homes and the displacement of an estimated 700,000 people, predominantly the urban poor considered politically volatile. These actions prompted stinging criticism from the UN Special Envoy on Human Settlement Issues, whose report roundly condemned the actions of the Zimbabwe government in relation to the operation.37 The South African government remained silent. As a result, in 2006, the African Commission on Human and People’s Rights proposed a resolution on the crisis in Zimbabwe, condemning ‘the human rights violations currently being perpetrated [there]’. This strongly worded statement was based on its own report from the 2002 mission and the UN Report on Operation Murambatsvina. South Africa had stepped up to defend Zimbabwe 33 Health in Ruins: A Man-Made Disaster in Zimbabwe (Cambridge, MA: Physicians for Human Rights, 2009), <http://physiciansforhumanrights.org/library/documents/reports/2009-zimbabwehealth-report-summary.pdf>. 34 ‘Zimbabwe accuses Botswana of training insurgents’, Reuters, 15 Dec. 2008, <http://www. reuters.com/article/idUSL1373625>. 35 ‘Security Council fails to adopt sanctions against Zimbabwe leadership as two permanent members cast negative votes’, Security Council SC/9396, 11 July 2008, <http://www.un.org/ News/Press/docs/2008/sc9396.doc.htm>. 36 African Commission on Human and Peoples’ Rights, Executive Summary of the Report of the Fact-finding Mission to Zimbabwe, 24th to 28th June 2002, para. 3, <http://www.achpr.org/ english/Mission_reports/Zimbabwe/factfinding%20mission%20to%20Zimbabwe.pdf>. 37 See, generally, United Nations, Report of the Fact-Finding Mission to Zimbabwe to Assess the Scope and Impact of Operation Murambatsvina by the UN Special Envoy on Human Settlements Issues in Zimbabwe Mrs. Anna Kajumulo Tibaijuka (UN, 2005), <http://ww2.unhabitat.org/ documents/ZimbabweReport.pdf>. 8 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 by preventing any discussion of the proposed resolution. Despite the fact that the Zimbabwe government had been in possession of the Commission’s report for over two years, South Africa’s Foreign Affairs Minister, Dhlamini Zuma, supported Zimbabwe’s (false) claim that it ‘had not had time to respond’ to the Commission’s report, and supported other spurious procedural objections to the discussion of the resolution.38 Zimbabwean Information Minister Jonathan Moyo’s accusation that the opposition MDC had ‘smuggled’ the report on to the AU agenda at the behest of British Prime Minister Tony Blair also met with no objections from Pretoria.39 International efforts to isolate Mugabe and his close associates through travel and financial sanctions have been consistently opposed by Mbeki, who has called for the sanctions to be lifted and undermined the effectiveness of the travel ban. This was most prominent during arrangements to convene the EUACP (European Union – African Caribbean and Pacific) summits, most recently by Portugal in December 2007. South Africa supported the call by African states to boycott the summit, as it had done successfully during the aborted 2003 summit, unless Mugabe was permitted to attend.40 In the same year, in the face of EU objections, Francis Nhema, Zimbabwe’s Minister of Environment and Tourism, was nominated to chair the United Nations Commission on Sustain able Development, a somewhat ironic nomination in view of Zimbabwe’s eco nomic collapse. Zimbabwe’s ambassador to the UN responded to the EU’s objections by asking, ‘What has sustainable development got to do with human rights?’ South Africa supported the eventually successful nomination.41 South African intelligence services and defence forces have maintained a close relationship with their Zimbabwean counterparts during Mbeki’s presid ency. In June 2006, Zimbabweans were treated to film footage of South Africa’s Minister of Intelligence, Ronnie Kasrils, hugging Zimbabwean State Security Minister, Didymus Mutasa, during a visit to Zimbabwe to discuss ‘undisclosed’ issues.42 Only weeks before the meeting, Mutasa had been directly implicated in intra-party violence in his home area of Rusape.43 38 ‘How SA backed Zim lie’, Mail and Guardian, 9 July 2004, available at <http://www.zwnews. com/issuefull.cfm?ArticleID=9638>. 39 ‘Opposition is “selling out” Zimbabwe, Mail and Guardian, 7 July 2004, available at <http:// www.kubatana.net/html/archive/demgg/040707mg.asp?sector=hr&year=2004&range_start=121>. 40 ‘Africa–EU summit: The Zimbabwe factor’, Sunday Mail, 18 Nov. 2007, available at <http:// panafricannews.blogspot.com/2007/11/africa-eu-summit-zimbabwe-factor.html>. 41 ‘UN “green” boss destroys Zim farm’, Sunday Independent, 13 May 2007, <http://www.iol.co.za/ index.php?sf=15&set_id=1&click_id=68&art_id=vn20070513084109894C588733&singlepage=1>. 42 ‘Mbeki responds to pressure on Zimbabwe crisis’, SW Radio Africa, 9 June 2006, <http://www. swradioafrica.com/news090606/Kasrils090606.htm>. 43 ‘Mutasa men’s murder trial slated for July’, Zimbabwe Independent, 30 June 2006, <http:// www.theindependent.co.zw/local/11026.html>. 9 Chapter One Since 2004, armaments to the value of more than $237,401 (R3.3 million) were quietly transferred from South Africa to Zimbabwe. Trade records show that in 2004 South Africa exported about 2.6 tonnes of revolvers, 2.5 tonnes of other firearms, between 4 and 7.5 tonnes of cartridges and what appear to be parts for military vehicles to Zimbabwe.44 All of this equipment was vital for the continuance of Mugabe’s repression of the opposition by members of the army and police. The South African defence department donated Dakota aircraft engines worth millions to Zimbabwe, while South Africa’s Armscor transferred spares to get Zimbabwean military helicopters flying again. Zim babwean soldiers and flying instructors have been trained by the South African National Defence Force and the South African Air Force. The flow of arms to Zimbabwe required approval by the South African government’s National Con ventional Arms Control Committee (NCACC), headed by Sydney Mufamadi (subsequently appointed by Mbeki as a key figure in the negotiations between ZANU(PF) and the MDC). The Committee has failed to reveal detail on arms sales since 2005, despite legal obligations to do so.45 The extent of the supply of arms to Zimbabwe from South Africa was highlighted in April 2008, when Armscor was contracted to transport weaponry destined for Zimbabwe and carried by Chinese freighter, the An Yue Jiang, from Durban port to Harare. The arms were due to arrive in Zimbabwe as the Mugabe regime was putting into place arrangements, co-ordinated by select members of the military, for a bloody suppression of the electorate to ensure ‘victory’ in the presidential run-off election. NCACC policy prohibits the flow of arms from South Africa to conflict zones. Despite this policy, Mbeki and Mufamadi insisted that the delivery be allowed. Only action by human rights NGOs in South Africa stopped the consignment from arriving in Zimbabwe.46 Throughout the 2000 to 2008 period, Mbeki has sought to deflect criticism from his policy towards Zimbabwe. In October 2006, following what was be lieved by some commentators to be an ANC directive, the government-owned South African Broadcasting Corporation (SABC) banned critics of Mugabe, and of Mbeki’s Zimbabwe policy, from SABC, including President Mbeki’s brother, Moeletsi, Zimbabwean Archbishop Pius Ncube, Mail and Guardian owner Trevor Ncube, and Eleanor Sisulu.47 Editorial policy – marked by a 44 ‘SA arms flow to Zimbabwe’, Mail & Guardian Online, 27 June 2008, <http://www.mg.co.za/ article/2008-06-27-sa-arms-flow-to-zimbabwe>. 45 ‘Is South Africa selling weapons to Zimbabwe?’, Sokwanele, <http://www.sokwanele.com/ thisiszimbabwe/archives/1154>. 46 ‘Sent sailing: How SA legal experts fought off arms ship’, Legalbrief Today, 14 May 2008, <http://www.legalbrief.co.za/article.php?story=20080514164912609>. 47 ‘Prominent Zimbabweans barred from speaking on SABC’, SW Radio Africa, 13 Oct. 2006, <http://www.swradioafrica.com/news131006/sabc131006.htm>. 10 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 fawning interview with Mugabe by Snuki Zikalala, the SABC’s head of news and current affairs, following the 2005 elections – gave support to Mugabe and Mbeki’s policies. In addition Mbeki deflected criticism by a repeated refrain that negotiations ‘are in progress’ between the MDC and ZANU(PF) and that he was engaged in dialogue with Mugabe. The manner in which these assurances were expressed to Mbeki’s ANC party did not inspire confidence. Addressing the ANC’s 51st National Confer ence in 2002 (in Stellenbosch, at which ZANU(PF)’s Emmerson Mnangagwa was a formal guest), he declared: ‘We are ready to engage both our ally and fellow liberation movement, ZANU(PF), and all others concerned, to help resolve the various issues in a constructive manner.’ 48 This blatant partisan ship in relation to Mugabe was recently repeated in October 2008 in a letter from Mbeki to the new President of the ANC, Jacob Zuma, where he sought to justify his policies while in office. In that letter he proudly refers to Robert Mugabe as one of several leaders with whom he has been ‘privileged to interact’ and who is one of the ‘titans’ who ‘were and are the true heroines and heroes of our struggle’.49 As mentioned above, the claim that negotiations were in progress played a key role in defeating a UN Security Council resolution for sanctions upon Mugabe and eleven of his close associates. Having initially suggested that they would vote with the other countries which held a veto power, Russia and China vetoed the resolution after lobbying by South Africa.50 This is but one of numerous instances where Mbeki used the excuse of ongoing negotiations to defer action on Zimbabwe, the claim being deployed whenever pressure was increased on either himself or Mugabe in relation to the Zimbabwe crisis. To cite but a few of many examples in addition to those already mentioned above: at the World Economic Forum in Durban in June 2003, President Mbeki predicted that a solution to the crisis in Zimbabwe would be found within a year.51 And in July 2003, when George Bush visited South Africa and the press speculated that Bush would use the occasion to apply pressure on Mbeki to resolve the Zimbabwe issue, Mbeki claimed: ‘We have urged the government and the opposition to get together. They are indeed discussing all issues. That process is going on.’ 52 This was despite strong denials from the MDC that any 48 ‘ANC cheers for Mugabe regime’, The Telegraph, 18 Dec. 2002, <http://www.telegraph.co.uk/ expat/expatfeedback/4184987/ANC-cheers-for-Mugabe-regime.html>. 49 ‘Mbeki writes letter to Zuma’, Daily News, 2 Nov. 2008. 50 ‘Russia, China veto UN sanctions on Mugabe’, allAfrica.com, 12 July 2008, <http://allafrica. com/stories/200807120002.html>. 51 See ‘Road Map to Democracy in Zimbabwe’, speech by Tony Leon (fn. 6). 52 Ibid. 11 Chapter One such dialogue was in fact in progress.53 Undeterred, and foreclosing debate on Zimbabwe, Mbeki reportedly gave Bush an assurance that Mugabe would leave office by December that year.54 This, then, is the backdrop to the events of 2008, when Mbeki’s role as a mediator became that much more significant. One of the few positive results that emerged from Mbeki’s interaction with Mugabe appears to have been to persuade Mugabe that a way out of the isolation of his regime was to hold elections that had a semblance of compliance with democratic norms. However, even this positive development is not untainted. In late 2007, Mbeki persuaded the MDC to accept a constitutional change, which was a key part of Mugabe’s strategy and one which allowed parliament to appoint a new president pending elections if the incumbent (i.e. Mugabe) left office for any reason.55 Mbeki assured the MDC that the quid pro quo would be an easing by Mugabe of repressive laws affecting elections.56 When Mugabe never delivered on this undertaking, Mbeki did nothing. ZANU(PF) having won a two-thirds majority in parliament in 2005, both Mbeki and Mugabe believed that Mugabe could secure victory in the March 2008 elections without engaging in the violence that had characterized the 2000 and 2002 elections or fully utilizing the unrepealed and repressive laws which ought to have been amended as part of the quid pro quo. Both were mistaken. Although the March 2008 ‘harmonized’ elections (in which the presidential, Senate, House of Assembly and local-government elections were held simul taneously) were a long way from fair (owing to ZANU(PF)’s manipulation of the voters’ roll, control over the electronic and printed media, and use of state resources, particularly food handouts, for party-political purposes), they were certainly the closest to free and fair elections since the crisis began. The combined MDCs took 109 of 210 House of Assembly seats against ZANU(PF)’s 97. The elected seats in the Senate split 50–50. Although the results of all the elections were known within 48 hours of the poll, the Zimbabwe Electoral Commission (ZEC), eked out the results and announced them as if dealing a pack of cards, with one seat declared won by the MDC, the next by ZANU(PF). 53 ‘Zimbabwe’s MDC opposition denies dialogue with ruling ZANU-PF’, VOANews, 9 July 2003, <http://www1.voanews.com/english/news/a-13-a-2003-07-09-44-Zimbabwe-s-66322892.html>. 54 ‘Zimbabwe, a thorn in the side of Africa’, Inter Press Service, 22 July 2003, <http://www. ipsnews.net/interna.asp?idnews=19345>. 55 Accordingly, since the upper house of parliament, the Senate, contains sufficient unelected presidential appointees to ensure a ZANU(PF) majority in the combined houses, Mugabe would effectively be able to hand-pick his successor on retirement, and ZANU(PF) could do the same upon Mugabe’s death. See also Chapter Eight. 56 ‘Zimbabwe: Where next for Mbeki’s mediation?’, Africa Research Institute, 1 Nov. 2007, <http://www.africaresearchinstitute.org/events-details.php?id=bfb79b059e>. 12 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 The results of the presidential election, however, were withheld. The obvious reason was that Mugabe had lost the poll. In a context of mounting concern regarding reports of targeted violence, Levy Mwanawasa, the Zambian president and incumbent chair of SADC, convened an emergency summit to discuss the refusal of ZEC to declare the presidential result. Mbeki’s reaction to these unfolding events displayed a fundamental lack of objectivity. He travelled to Zimbabwe on the way to the emergency summit, greeting Mugabe with the usual hugging and hand-holding. After a short meeting with Mugabe, Mbeki addressed reporters on the failure to release the results of the presidential poll, stating that the delay was part of the ‘normal electoral process in terms of the law of Zimbabwe’ (when it clearly was not), and infamously stated that he would not describe the situation ‘as a crisis’.57 Mugabe decided that it would be politic not to attend the emergency SADC meeting. However, his input was reportedly delivered by Mbeki, apparently causing Mwanawasa to remark that ‘If Robert Mugabe has anything to say to me as chairperson, then he can talk to me himself.’ He added that Mbeki was creating the impression that he was becoming ‘Mugabe’s messenger’.58 In addi tion, Mbeki sought to prevent Tsvangirai from addressing the SADC meeting, but was overruled by Mwanawasa.59 When the results of the March presidential poll were finally released in May, the poll gave 1,195,562 votes (47.9%) to Morgan Tsvangirai, 1,079,730 votes (43.2%) to Robert Mugabe, 207,470 votes (8.3%) to Simba Makoni, and 14,503 votes (0.6%) to Langton Towungana. The lengthy delay in releasing the results lent credence to the notion that they had been manipulated to reduce Tsvangirai’s poll to below the ‘50% plus one’ necessary to prevent a run-off. The run-off itself, which should have been held ‘within 21 days of the previous election’, was delayed by ZEC to 27 June 2008. Mugabe used the hiatus to mobilize the military and militia. The action mirrored Mugabe’s response to the referendum defeat of 2000, though it surpassed that response in the degree and extent of violence meted out to MDC supporters and perceived supporters.60 The brutal military crackdown on the opposition was euphemistically re ferred to as Operation Mavhoterapapi (‘Where did you put your X?’ or ‘How did you vote?’). Thousands were arrested and beaten up, and more than two hundred MDC supporters killed; senior members of ZANU(PF) were directly 57 ‘Mbeki urges patience on Zimbabwe’, BBC News, 12 Apr. 2008, <http://news.bbc.co.uk/2/hi/ africa/7343907.stm>. 58 ‘What went on at the SADC meeting’, The Star, 16 Apr. 2008, available at <http://www. swradioafrica.com/pages/whatwenton160408.htm>. 59 Ibid. 60 This is discussed further in Chapter Three. 13 Chapter One implicated. It was during this period that Mbeki sought to allow the arms ship ment carried by the An Yue Jiang to be delivered to Zimbabwe. Mbeki was fully aware of the deteriorating conditions on the ground, and of who was responsible, as he had dispatched a team of retired South African National Defence Force Generals to report on the situation.61 The team’s report apparently detailed the extent of the violence in graphic fashion, but, as with the Khampepe/Moseneke report before it, it was never made public by Mbeki.62 The extent of the violence rendered participation in the run-off election by Tsvangirai, and appropriate observation of the process, impossible. Without any real monitoring taking place, ZANU(PF) was left to present whatever results it wanted for the one-man election. It did not miss the opportunity, claiming an 85 per cent ‘victory’ for Mugabe, with a slightly increased voter turn-out from the first election, despite the boycott by the MDC. The extent of the electoral farce precluded even the usually sympathetic election observers, who had been allowed in by ZANU(PF), from endorsing the election. They unanimously pro nounced that the election did not reflect the will of the people. Mugabe, however, had himself sworn in as president a few hours before the results had been officially announced and within hours had jetted off to an AU summit in Cairo.63 Two weeks later he attended a SADC meeting. At both these forums he was invited and attended as ‘President of Zimbabwe’ despite the universal rejection of the June election. However, Botswana unequivocally refused to recognize Mugabe’s presidency,64 and other SADC states, including even South Africa, prevaricated on the issue. The correct course of action would have been for SADC to refuse to recognize the obviously fraudulent result and to demand a fresh election, independently supervised. Instead, Mbeki moved quickly to help Mugabe out of his ‘legitimacy crisis’. The MDC proposed a transitional government leading to fresh elections, but Mbeki quickly poured cold water on any such aspirations.65 In mid-September 2008, after protracted negotiations, the MDC leadership, under extensive pressure from Mbeki, agreed to a power-sharing arrangement. Most significantly, the agreement recognized Mugabe as president of Zimbabwe with immediate effect and agreed that he ‘Violence “shocks” SA generals’, Business Day, 14 May 2008. ‘The other secret Khampepe report’, Business Day, 12 May 2008, available at <https://www. givengain.com/cgi-bin/giga.cgi?cmd=cause_dir_news_item&cause_id=2137&news_id=72405&cat_ id=1586>. See also ‘Southern African History Archives: On-going PAIA requests’ at <http://www. saha.org.za/about_saha/freedom_of_information_programme/outstanding_paia_requests.htm>. 63 ‘AU: None dared point a finger at Mugabe’, Africa News, 1 July 2008, <http://www.africanews. com/site/list_messages/19216>. 64 ‘Botswana no longer recognises Mugabe’, Daily News, 28 July 2008. 65 See, for example, ‘Mugabe open to talks on unity govt, Mbeki says’, TopNews, <http://www. topnews.in/mugabe-open-talks-unity-government-mbeki-says-250555>. 61 62 14 Love in a Time of Cholera: Mbeki’s Relationship with Robert Mugabe, 2000–2008 would ‘continue’ to hold office.66 Mbeki had thus, for the moment at least, resolved Mugabe’s legitimacy crisis. The agreement left Mugabe’s powers largely unfettered and intact, though under a restructured form of government. The implementation of this restructur ing was to require further and extended negotiations. In particular, Tsvangirai’s appointment as Prime Minister under the agreement (with singularly amorphous powers) was to come later, depended on Mugabe’s discretion (which he has so far declined to exercise), and relied on a constitutional amendment (which would have to be approved by ZANU(PF) ) before that post had any status in law.67 During this period Mugabe has used every opportunity to flaunt his ‘reelection’ and recognition on the international stage, while blatantly belittling Tsvangirai by refusing to allow his passport to be renewed.68 Given Mbeki’s support for Mugabe in the months and years preceding the signing of the agreement on 15 September 2008, it is not surprising that the agreement sought to restore Mugabe’s legitimacy, left him in full control, and admits scant hope for the return of the rule of law and democracy in Zim babwe. In short, it represented a fundamental rejection of the March election results and, as such, affords little ostensible benefit to the people of Zimbabwe. It has silenced the MDC and the clamour for fresh and free and fair elections in Zimbabwe. The agreement is presented as a panacea to Zimbabwe’s political and economic woes, although it is unclear how this will be realized. Once again the ploy of negotiations has rescued Mugabe – and from his most severe test yet. The only mystery is why the MDC permitted Mbeki the space to do this. However, disputes over Mbeki’s role in the negotiations in late November 2008, and in particular in the dispute over the allocation of ministries, indicates that the MDC has finally realized that Mbeki is probably the most unsuitable leader within SADC to claim the position of an honest broker between ZANU(PF) and the MDC. The MDC has now demanded the removal of Mbeki in the strongest terms, and, as the above indicates, quite rightly so.69 Article 20.1.6(1) of the Global Political Agreement (GPA). This is discussed in detail in Chapter Five. 68 Husdon Yemen Taivo, ‘The fallacy of Tsvangirai’s hand in Western sanctions’, The Standard, 1 Nov. 2008, <http://www.thestandard.co.zw/letters/19156-the-fallacy-of-tsvangirais-hand-in-westernsanctions.html>. 69 See fn. 4. 66 67 15
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