Get smart, Mr. Tsvangirai!

Sep 20, 2008 Features / Columnists, Freddie Kissoon

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Readers may know that I replied to one of the Peeping Toms about the role of Dr. Frank Anthony as head of the credentials committee of the PPP 29th congress last month.

I suspected that the Peeping Tom in question is one of the PPP leaders or strong PPP member or frenetic PPP supporter that writes under that sobriquet.

That Peeping Tom argued that there was nothing wrong with Dr. Anthony holding that position at the congress because the doctor is a person with integrity. That columnist is not familiar with the rich history of the world.

For readers who don’t know what is the credentials committee, it is the unit that deals with the acceptance and registration of voters and it makes the preparation for the voting arrangements.

The PNC did the right thing at its congress; the chairman of such a unit was a person who was not a contestant in the elections.

The fact that Dr. Anthony was campaigning for a seat, he should not have been involved in any sector of the congress that related to delegates and voting. The question is not the integrity of the person but the power of a law that results in transparency and openness.

Today, it may be an angel who wouldn’t do a bad thing. But what happens in the future when the head of the credentials committee desperately wants votes and he/she uses his/her position to threaten and manipulate voters?

If there is a constitutional restriction within political parties that prevents contestants from holding that position, there can never be such conduct.

Interestingly enough, the PPP recognized the convention of conflict of interest by having the returning officer be someone who was not a contestant. In the same vein, the PPP should have known that the same logic applied to the chairman of the credentials committee.

My point is that laws take precedence over the nature of human beings. Once laws are laid down and respected by the citizenry then it may not create the perfect society but it should prevent the free flow of nasty instincts from would-be dictators. In this connection, one should mention an incident in Berbice four years ago.

The then Minister of Home Affairs ordered the Berbice commander of the police force to return a citizen’s firearm that was taken from him after a shooting controversy.

The officer refused citing the law. There are certain legally independent functions in the public sector that when examined in practical terms are in fact farcical.

We can take three of them. The DPP is independent of the cabinet but the DPP is appointed by the Government.

The DPP’s contract is renewed by the Government. The GRA is an independent body but the Government appoints the Commissioner-General of the GRA.

Recently, the incumbent had his contract renewed by the Government. The independence of the University is guaranteed by law.

But the shape of the Council that ultimately controls the University is in the hands of the Government that selects its chairman.

For the prevention of dictatorship, a future administration should change the Constitution so that consensus is necessary from an all-party parliamentary committee in the appointment of the heads of these public institutions.

I once asked Ronald Austin, a former diplomat who was close to President Hoyte why Mr. Hoyte didn’t democratize the Constitution so that today, we would not see the emergence of neo-Burnhamism. He said Mr. Hoyte hadn’t the time.

He was too busy with the economy. I don’t accept that. Hoyte and Panday in Trinidad didn’t learn the lessons of history. Patrick Manning looks set to follow in their tradition.

In Zimbabwe, Mr. Tsvangirai has a golden opportunity to make his country a wonderful example of democracy in Africa. He should not be satisfied with sharing power with Mr. Mugabe.

He should not be content with the “humbling” of Mr. Mugabe. Mr. Tsvangirai should remember what happened with the Elections Commission that was powerless to declare him the winner of the presidential poll.

He won the presidency but the Elections Commission was afraid of President Mugabe because it was not a constitutionally independent body.

Mr. Tsvangirai should seek constitutional reform that allows for a parliamentary committee through consensus to appoint the Elections Commission. The members should not be civil servants but persons independent of the government.

Their salaries should not be paid by the government which would have jurisdiction to determine its size. Next, he should assign his attention to the judiciary and again he should ensure that judges are not appointed by the ruling party or the government.

One hopes Mr. Tsvangirai does not make the mistakes of Desmond Hoyte. Look at the mess Guyana is in because of that.

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