“Operation Restore Legacy (2017) renders Southern African Development Community (SADC) constitutionalism suspect in the coup d'état that was not a coup”

Abstract

This article examines the SADC constitutional norm on the absolute prohibition of unconstitutional takeover of power1 under the light of the 2017 Zimbabwe correction of governance destiny from a Mugabe contrived family dynasty to sovereign control of Zimbabwe’s peoples. The article shows that this norm is a blunt tool and its operationalization has enormous potential to subjugate SADC populations to totalitarian rule by shielding unpopular and illegitimate leaders from popular challenge once they have set their hands on the levers of power and integrated themselves into the SADC Assembly of Heads of States and Governments – the SADC’s executive decision making body. Had it been successfully implemented against Zimbabwe’s Operation Restore Legacy (2017) as intended, the norm would have severely restricted Zimbabwe’s ancient and enduring constitutional convention of Chimurenga/ Inkululekho/ Resistance of oppression, which has the support of UN standards on good governance. 2 The article recommends the urgent development by the SADC of a parallel constitutional normative structure on the absolute sanctity of the national assembly ballot to counterbalance the the absolute prohibition of unconstitutional takeover of power. The new norm must have also a similar if not even stronger monitoring and enforcement mechanism.