The ZCTU has unequivocally screamed loud and clear, leaving not even a shroud of doubt in anyone’s mind that it wants Nelson Chamisa out of the MDC Tsvangirai owned and led party because of his role in the recent Supreme Court judgement which went against workers’ wishes. In the contentious case in question, the Supreme Court ruled in favour of Zuva Petroleum, in a judgment that has triggered mass job terminations leading to over 6 000 workers being affected. I am really not sure if Chamisa holds any substantive position within the party after losing the SG position to fellow lawyer Douglas Mwonzora.
Among its numerous officials not mincing their words in their wish to get rid of Cobra Chamisa is ZCTU North Eastern Region chairperson, Jokoniah Mawopa who tellingly said Chamisa had become a misfit in the MDC-T as he had gone against the values of the party. ‘‘Chamisa has become a square peg in a round hole. He is no longer relevant in the workers’ struggle, so the best he can do is to resign from the MDC-T and go where he can be useful. He can either join ZANU-PF or the employers. We have programmes that we do together with the MDC-T and you cannot expect me to be comfortable marching together with him because I don’t trust him anymore,” Mawopa said.
In response Chamisa hit back as I would expect of a lawyer: “I am not the MDC-T. I am a lawyer and Kuwadzana Member of Parliament and you have to know when to ask me questions pertaining to both. MDC-T is owned by the people of Zimbabwe who include students, workers and even people who own businesses… It is wrong to say the MDC-T belongs to one section of our society. The issue is how do we fight for the working class struggle?’’ Chamisa is hundred percent right.
MDC T is a party for everyone, and workers do not have an exclusive right over anyone, let alone the right to demand the ouster of anyone for the resultant impact of their profession on any section of the society. ZCTU is being naïve, mischievious and downright stupid to demand that Chamisa resign from the party. Is it going to ask all the other lawyers to resign? Have other lawyers not represented company owners, Zanu or government officials before?
Is the party going to fire all individuals who own companies? Why doesn’t it start with the Makones, and its many other officials who own companies and are its funders? Does ZCTU itself not have officials who own or run companies? The ZCTU is myopic, naive and simply put; stupid! Now the government has no option but to treat ZCTU as an appendage of a rivalry political party, thus entitled to strangle it with all sorts of legislation. The labour organisation also wants to hold MDC T at ransom and have Cecil the Lion’s share of power within the party. It sets a dangerous precedent. Tomorrow the union will demand the ouster of the man l want to see leave MDC T, Tsvangirai.
And next, students or women’s organs will also demand the ouster of some perceived enemies. ZCTU long lost relevance in issues to do with workers’ rights. ZCTU should reflect on its conduct, evaluate its own performance, and reform accordingly. Chamisa has not influenced the enactment of any legislation in this judgement, and none has been enacted for that matter.
This law has always been there, only that the ZCTU never cared about workers’ rights to know that such a moronic law existed! ZCTU, not Chamisa, is to blame for its lack of knowledge about labour related legislation. In the following response Chamisa legally articulates what ZCTU should have known well before this case went to court. Chamisa said, “Let’s ensure that we do not have laws that can be manipulated. Instead of debating the lawyer, let us debate the law; let us not settle scores, but the worker’s issues.
With or without Chamisa, the law will not change and has not been changed. Chamisa is neither a judge nor the government. That is where all progressive voices must turn their relief.”
In this regard, Chamisa concurs with Professor Welshman Ncube who in his contribution in ZimPolicy Dialogue Institute regarding this controversial judgement said, “From a purely legal and textual point of view is there anyone who can demonstrate the judgement is wrong given the provisions of sections 12(4) and 12B of the Labour Act and past judgements the Court relied upon?
Can anyone produce any judgement from the past in which the Court found that the right to terminate on notice is not part of our law? Before we seek political and none legal explanations we must be intellectually honest and first show that textually the judgement is wrong or insupportable.”
There you are ZCTU, put your act together. Get good lawyers to teach you what the Labour Act says, and fight to get it amended. Stop being ridiculous.
2 Replies to “In Defence of Nelson Chamisa”
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Chamisa has his constitutional right to practise his law, but when it comes to support, im afraid he has lost a chunk of his support.Even the youths who were earmarking him to take us after Tsvangirai are now convinced he is not the man.People are now believing the reason why he was defeated by Mwonzora.Politics is a game of affection and emotions.Once you betray workers, you can not expect them to put aside their emotions when it comes to voting.Chamisa was supposed to secuse himself from the case.He was supposed to stay clear of any issues pitting workers against employers,unless he was siding the workers.The young man failed to see beyond the political game of emotions and affection.
Nonsense Ndaba Nuku! In life we have choices. In this particular case Chamisa had the choice between being used by Zanupf and siding with workers. Your analogue is is so ridiculous. It smacks of opportunistic confusion that is in your head. Let me deal with it by giving a ridiculous example, which knowing the principled character of the man, whose name I deliberately throw in in demonstration, he definitely would have never even considered doing it. lets take for example Herbert Wiltshire Chitepo, the first black advocate in Rhodesia. A man of integrity and vision, humble but clearly an advocate against the racially bigoted Edgar Whitehead. So at some point the oppressed black people of Southern Rhodesia consider it prudent in pursuance of their aspirations to be free to take their battle to the ICC for crimes committed against black rhodesian humanity. Then Herbert Chitepo under the cover of being advocate ‘par excellence’ construes to sit in the defence corner on the side of his client, Ian Douglas Smith! What!!! Ndaba! No matter how you twist your tongue ‘Wrong will never be right.’ Position of leadership need sound discretion otherwise you have just pronounced the end of the struggle for justice.