International Governance Institute

- building integrity in acquiring and exercising public duty
Home     News and Report Centre     Programs     Conferences and Events     Officers and Trustees     Focal Integrity Teams     Contact Us     Site Map      
Africa
Zimbabwe
Somalia
Kenya
Côte d'Ivoire
South Africa News
Asia
Nigeria News
Cameroon News
DRC
Guinea Bissau
Uganda
Mauritania
Rwanda News

Madagascar: A Coup Or Force Majeure?

Soyombo Opeyemi

3 April 2009


opinion

From Mauritania to Guinea and from Guinea Bissau to Madagascar, is it yet far-fetched to speak of renaissance of militarism in Africa?

Perhaps, it is. After all, neither Mauritania, Guinea nor Guinea Bissau ever pretended to be a democracy. But now to Madagascar, where there appears to have been a semblance of reasonable civil rule since 2002.

In parenthesis, had the Kenya and Zimbabwe manipulated elections preceded the 2001 elections in Madagascar, Marc Ravalomanana, in spite of victory at the polls, would have been pressured to accept the new contraption in African democracy- more chairs at the government table!

Now, how come an experienced Marc Ravalomanana, who rode the crest of a wave of local and international acclaim in 2002 and re-elected president in 2006, was so easily dislodged from the government house by a military-backed callow youth, Andry Rajoelina, who is constitutionally barred from such an exalted office, having not attained the age of 40?

According to press reports, the new Head of State accused his predecessor of misspending and undermining democracy. Marc Ravalomanana shut the opposition radio and television stations in January and in the demonstrations that followed, security forces killed about 25 opposition supporters. This incident polarised the military and weakened its support for the government. But perhaps, his greatest political undoing was his government's lease of a large portion of citizens' land to a South Korea company for agricultural purposes. This cost him popular support because the poverty-striken Malagasies have cultural ties to their land.

I have ruminated over the events in Madagascar with a view to drawing a line between a military coup or force majeure. For me, the killing of unarmed opposition supporters during a demonstration is completely inadmissible; that alone constitutes a constitutional crisis if not a break-down because Marc Ravalomanana swore to an oath to defend the constitution and no portion of that protocol of union permits the slaughter of a single citizen except in execution of a court order. I am here concerned with the sanctity of life which remains inviolable no matter the degree of provocation.

Yes, those slaughters by Ravalomanana implied the (temporary) breakdown or suspension of the constitution and the military was right to refuse orders from the president. And as if to confirm that collapse of the constitution, Marc Ravalomanana, upon resignation, chose to hand over the reins of government to the military directorate rather than the president of the Senate. Andry Rajoelina came in during a constitutional breakdown and the military pledged its loyalty. The Constitutional Court had no option but to tow the same line in order to restore constitutionalism.

Perhaps too fantastic an argument by an apostle of inviolability of life, but the point here must not be lost on any tyrannical or dictatorship-inclined Head of State in Nigeria and elsewhere in Africa. The murder of citizens involved in a constitutionally-guaranteed action such as the right to protest, at best, amounts to high treason- wilful infraction of the constitution is akin to betrayal of your own country- and, at the worst, constitutes a breakdown of the constitution, in which might can become right- as witnessed in Madagascar. The Madagascar military must therefore be commended for being on the side of the people by revolting against the violation of citizens' rights by President Ravalomanana. With this line of thought, what took place in Madagascar should be regarded as a force majeure- a regrettable interlude in the process of nation building- and life must move on from there!

But to the extent that we regard the killing of Madagascar citizens, for which the President must take responsibility, as constituting a high treason- and for practical purposes, this is a preferred line of thought- the political events in the Indian Ocean island must be regarded as a coup d'etat. But how would a President Marc Ravalomanana have been punished for the murder of innocent protesters?

No clear-cut answer can emerge here because it all depends on the political culture of the country involved. The Watergate scandal, for instance, that cost Richard Nixon the presidency of the United States could never have caused a stir here in Nigeria or anywhere in Africa. And the 'mere' love affair that almost torpedoed the Clinton presidency could not have attracted the attention of anyone in Nigeria or Africa except newspaper cartoonists.

Now the theories: Andry Rajoelina should have gone to courts by way of mandamus to compel the police to arrest and arraign the trigger-happy security officials for murder. This should have been backed up with demonstrations demanding for the resignation of the president and calling on the country's legislature to remove the president on a charge of high treason- the killing of unharmed protesters.

Opposition should also have gone to court on the closure of its radio and television stations and possibly on the leasing of citizens' land for commercial purposes. On the land issue, opposition could also have brought governmental activities to a standstill by calling for boycotts, strikes, etc, until government is forced to reverse the policy. Again, Madagascar opposition should have accepted the referendum canvassed by the deposed president in order to determine the true feelings of the people.

And if members of the National Assembly were true representatives of the people, they should have- in concert with the Constitutional Court- impeached the president in order to pave way for his trial on a charge of high treason. The president of the Senate would then have replaced him pending new elections.

The implication of a military-backed coup is that the military will continue to play the role of godfather in Madagascar politics. This is antithetical to democracy. The military must, alt all times, subordinate itself to constituted civil authority. Perhaps, Africa nations may also provide lands for officers to engage in agriculture and share the profit with the State in order to reduce barracks boredom, which plays a major role in military adventures in politics.

The Africa Union must get the proposed Africa Standby Force on ground immediately and amend its charters in order to deal with a situation like Madagascar's. Such a force would have stormed Antananarivo to ensure the change of government followed the process laid down by the constitution. It is time the AU moved beyond mere suspension to direct intervention.


South Africa: Zanu (PF), MDC to Meet On Impasse

Business Day (Johannesburg)

9 July 2008
Posted to the web 9 July 2008

Karima Brown
Johannesburg

ZIMBABWE's ruling Zanu (PF) and the two factions of the opposition Movement for Democratic Change (MDC) are expected to meet today for talks on a way out of that country's political impasse.

The meeting was confirmed by African National Congress president Jacob Zuma, who was informed of it by Harare's diplomatic representative in Pretoria, Simon Khaya Moyo.


"The Zimbabwe ambassador to SA informed me that a meeting will be held between two representatives of Zanu and the two groups within the MDC," Zuma told Business Day.

Moyo was part of a group of diplomats who had lunch with Zuma in Pretoria yesterday.

Zuma urged the parties to "put the interests of Zimbabweans" above their narrow political considerations.

"The elections were discredited, but we do need some political arrangement that needs to take into account that both parties have a role to play in the reconstruction of Zimbabwe," Zuma said.

ANC deputy president Kgalema Motlanthe and secretary- general Gwede Mantashe will also meet their counterparts in Zanu (PF) today in Zimbabwe.

While Zuma has publicly backed President Thabo Mbeki's mediation efforts he has not missed an opportunity to highlight shortcomings of the process managed by Mbeki.

Leaders of developed countries at the Group of Eight summit in Japan have called for tougher sanctions against President Robert Mugabe and his regime. The ANC would discuss targeted sanctions, and be guided by the Southern African Development Community and African Union, Zuma said.

"Two questions need addressing in any resolution of the crisis. The first is that the interest of the country must be paramount, and the second is that the margin in the elections was not that big. This means that both the MDC and Zanu (PF) have support, and they will have to find a way to deal with that in any future arrangement."



South Africa: The Spotlight Falls On Mbeki

Cape Argus (Cape Town)

14 January 2008
Posted to the web 14 January 2008

Moshoeshoe Monare, Murray Williams and Sapa


The country's top prosecutor, who was suspended by President Thabo Mbeki, today (Monday) received the backing of opposition parties for having challenged its most powerful police officer.

They demanded the immediate return to office of suspended National Prosecuting Authority (NPA) head Vusi Pikoli, saying his insistence that Police Commissioner Jackie Selebi had a case to answer had been vindicated.


This follows Mbeki's dramatic announcement on Saturday that Selebi had been sent on extended leave following the NPA's decision to pursue charges of corruption against him.

Selebi then quit as the president of Interpol.

A top level strategic meeting today (Monday) of the NPA's senior executives will culminate in charges of corruption and defeating the ends of justice finally being laid against Selebi.

At the weekend Mbeki appointed crime intelligence boss Tim Williams as his acting police commissioner.

He appointed Mokotedi Mpshe as acting NPA head after suspending Pikoli late last year.

Pikoli's suspension was supposedly for failing to inform Justice Minister Brigitte Mabandla of crucial decisions by the NPA.

But according to a security chief and various other sources, the real reason was that Mbeki was annoyed with Pikoli who wanted to arrest Selebi for breaching protocol and failing to consider national security and the political and international impact of decisions he was taking.

Next month, Pikoli is facing an inquiry, headed by former National Assembly Speaker Frene Ginwala, to probe his fitness to hold office.

One of the terms of reference is indirectly linked to Pikoli's pursuit of charges against Selebi.

The UDM, ACDP and DA called today (Monday) for Pikoli's reinstatement and the dismantling of the Ginwala probe.

The DA leader in Parliament, Sandra Botha, said: "The DA will ask for an urgent parliamentary debate on the matter to ensure that the reasons for our call are understood by the government and the Zuma-led ANC in no uncertain terms.

"The delay in action as well as the direct or indirect involvement of the Presidency in the prosecution of this case have caused grave doubts as to the impartiality of the president and the abuse of executive powers with regard to the judiciary.

"There is no doubt that the overriding perception on the side of the South African public has been that Advocate Pikoli was suspended because of the NPA's investigation and intended prosecution of Commissioner Selebi.

"If this is true, then the political reasons that President Mbeki may have had to press ahead with the Ginwala Commission have all but disappeared.

"If it is not, then the time has come for the president to take the South African public into his confidence over the real reasons behind Pikoli's suspension and the appointment of the Ginwala Commission.

"Allowing the Ginwala Commission to continue its investigations may in any event just serve to weaken the NPA a key institution in the maintenance of our democracy at a juncture at which it will require all the support it can get to continue with its work without any political interference."

"The definite unwillingness so far exhibited by the president, as well as Justice Minister Brigitte Mabandla and Safety and Security Minister Charles Nqakula to timeously face the facts around Selebi's prosecution have undoubtedly led to unnecessary delays by the prosecuting authority," Botha said.

Mbeki, asked what the the effect could be on the Ginwala inquiry of charges beingf brought against Selebi, said at the weekebd: "I don't know what impact (or) relationship it has with Ginwala inquiry - you may know more about that than I know. I don't see what impact it should have on that."

Ginwala said on Sunday that she was sticking to her terms of reference.

Asked whether recent developments had not overtaken these, she said: "Only the president can change the terms of reference, I have a very specific job to do."

Selebi will be charged on the basis of a review by a panel of experts which concluded Pikoli's case against the police commisioner was sound.

However, the Cape Argus was told by a senior member of the ANC National Executive Committee last year that Selebi could challenge the impartiality of the panel's recommendations in court.

Selebi said on Sunday that he knew nothing about this.

The meeting of the NPA's top brass today (Monday) is a tactical indaba on how to deal with the consequences of prosecuting the country's police chief.


 
South Africa: Call for Zuma Charges to Be DroppedAbout Us

Business Day (Johannesburg)

31 December 2007
Posted to the web 31 December 2007

Chantelle Benjamin
Johannesburg

THE Congress of South African Trade Unions (Cosatu) and the Young Communist League (YCL) have no faith in the judiciary's objectivity when it comes to the coming corruption trial of African National Congress (ANC) president Jacob Zuma, due to political pressure from the government, they say.

The two groups, and the South African Communist Party (SACP) called at the weekend for charges against Zuma to be dropped because of the inability to give him a fair trial and for the "reopening of the investigation of the arms deal", so that "all those involved could be brought to book".


Zuma, who is scheduled to go on trial on August 14 next year on 18 charges of corruption, fraud, racketeering and money laundering totalling R4m, was charged afresh three days after Christmas and less than two weeks before he is to deliver his first ANC anniversary address as its new president .

Cosatu spokesman Patrick Craven said yesterday: "It does not matter who the judge is, we do not believe the judiciary will be able to be objective. The trial against Zuma is a politically motivated exercise ... and he has been subjected to trial by public opinion for the past seven years.

"We have been convinced for some time that he will not get a fair trial, after (then National Prosecuting Authority head Bulelani) Ngcuka announced to the media that the National Prosecuting Authority (NPA) had a prima facie case against Zuma."

Concerns about objectivity come despite Zuma being acquitted of rape charges last year in the Johannesburg High Court, and SA having a reputation for an independent judiciary.

But Craven insists that this trial is different.

"There was never any concern that he would get a fair trial in the rape case, but this a politically inspired campaign, and ... state institutions have been, and are still being, manipulated and used to settle factional battles within the movement."

YCL spokesman Castro Ngobese said the organisation had been consistent in asking that Zuma be given his day in court, but that was under the assumption that it would be a fair trail.

Among allegations made by Cosatu, the YCL and the SACP -- in support of the claim that the motive for the trial is that President Thabo Mbeki and his camp are angry at him being ousted as ANC president at the party conference in Polokwane this month -- is that the acting national director of the NPA, Mokotedi Mpshe, was promised a full-time position if he pursued the case against Zuma. Mpshe was believed to have met "senior political office bearers" the day before making his decision to prosecute Zuma.

They also questioned the timing of the announcement of the new charges and why the NPA chose the last day of the ANC conference to announce to the media that it had sufficient evidence to prosecute Zuma.

Mpshe denied rumours that Mbeki was behind the charges against Zuma, saying Mbeki had not been aware there were plans to charge Zuma or what the charges were.