Zimbabwe's current Inclusive Government, more commonly referred to as a Government of National Unity (GNU), was established pursuant to an Interparty Political Agreement, itself more commonly referred to as the Global Political Agreement (GPA). This Agreement was signed by the “Principals” of the three main extant political parties: the Zimbabwe African National Union - Patriotic Front (ZANU-PF) and two Movement for Democratic Change (MDC) formations.

Rather than simply containing clauses which are subject to legal interpretation and enforcement, the larger part of the agreement comprises rhetoric and ideological bombast designed to facilitate political posturing and little else. The ideological bombast is symptomatic of the lack of any real consensus between the parties, and the GPA thus reflected a continuation of this discord rather than its resolution.

In fact, only Article XX of the GPA has, and was intended to have, any real legal traction. The Articles of the GPA may be regarded as falling into one of three categories – Articles which are mere bombast, Articles which are of political relevance only, and Articles which have legal traction. Even those Articles intended to have legal traction are problematic. An agreement can only bind those who are party to it. Accordingly, the GPA can only bind the signatory political parties in their relationship with each other as political parties, and no one else. Yet the three political parties purported to oblige the both Government of Zimbabwe and its President, Robert Mugabe, to undertake certain acts. The Government of Zimbabwe is not party to the Agreement. Mugabe signed the agreement qua leader of ZANU PF and not as President of the country. Even if he had signed in the latter capacity, it is not possible for the President to limit his powers provided for in the Constitution by contract. The Articles which purported to do so only became legally enforceable once incorporated in the Constitution itself.

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Written by Derek Matyszak and Tony Reeler, Research and Advocacy Unit, Harare.