JOHANNESBURG, South Africa – The Pan African Parliament on Wednesday elected “law-breaker” Fortune Charumbira as its fifth president in a move set to reignite questions about the body’s relevance.
Charumbira’s unopposed election in Midrand, South Africa, came after the African Union ruled that the presidency of the body should be rotated between West, Central and Southern African nations.
The previous two presidents were all from West Africa.
Charumbira, who occupies a seat in Zimbabwe’s senate reserved for traditional chiefs, secured 161 votes with 31 abstentions and 11 spoilt votes. He had the support of the Southern African caucus.
In 2018, the High Court ruled that his comments publicly supporting Zanu PF were unconstitutional as chiefs are required to be neutral. A judge ordered him to withdraw the comments, but he has remained in contempt.
Lawyer Obey Shava, speaking ahead of the vote, said: “Chief Charumbira doesn’t respect Zimbabwe’s constitution and the courts. Charumbira publicly announced that chiefs have always been supporting Zanu PF and declared their continued support for it. This was contrary to section 280(2) of the constitution.
“On 14 May 2018, the High Court declared that the partisan comments by Chief Charumbira supporting Zanu PF were unconstitutional and ordered that they be retracted within 14 days. Charumbira tried to have the judgement rescinded but on June 19, 2019, the High Court stood its ground and dismissed his application. Still, he remained in defiance.
“Charumbira has defied everyone, the law and the institutions which support democracy in Zimbabwe. Supporting him would be endorsing his disrespect for the law, the constitution and the courts. A local law breaker can’t be celebrated abroad. It spells doom for the future of democracy in SADC.”
A previous attempt to elect a new Pan African Parliament president, in June last year, was abortive after scuffles broke out. Members of Parliament wrestled over a white ballot box located at the front of the room that was meant to hold the votes for the election, which was eventually called off and the question of rotation referred to the African Union.
Moussa Faki Mahamat, the African Union Commission chairman, this week addressed the Pan African Parliament to clarify that the presidency would be rotated, in the process disqualifying South Sudan MP Albino Aboug.
“The time has come to turn these sad and dark pages of the history of the Pan African Parliament once and for all and to start afresh. The time has come to revive the noble behaviour that has long characterised Pan African Parliamentarians and that has been a source of pride for the African Union. It is high time finally for fraternal dialogue, in a peaceful climate, to prevail over confrontation,” Mahamat said.
Malawian, Yeremia Chihaha, was a late entrant in the race but could not secure enough nominations.
The Pan-African Parliament (PAP) is the legislative body of the African Union and held its inaugural session in March 2004. The PAP exercises oversight, and has advisory and consultative powers. Initially the seat of the Pan-African Parliament was in Addis Ababa, Ethiopia, but it was later moved to Midrand, Johannesburg, South Africa.
The parliament is composed of five members per member state that has ratified the protocol establishing it, including at least one woman per member state.
The Pan African Parliament has powers to submit “draft model laws to the Assembly … for its consideration and approval.” Critics say this still falls way short of meaningful lawmaking powers, ensuring it remains a nominal platform which is unlikely to become an effective organ with the mandate to pass the kind of laws that will advance African integration and development.
“Denying the continental Parliament reasonable legislative powers undermines its legitimacy and raises concerns about its relevance,” according to Babatunde Fagbayibo, an associate professor of international law at the University of South Africa.
