The Umbrella for Democratic Change must surely be feeling used by the Alliance for Progresives

Owen Nsala | Wednesday September 27, 2017 15:02

Its birth left a somewhat bitter taste to the Umbrella for Democratic Change (UDC) for reasons to follow.

It is a well-documented fact that the Ndaba-led faction, whilst still under the BMD sought and got the intervention of the UDC. The intervention was necessitated by the fact that the BMD then, had two axis of power.

On account of that, and seeking clarity and audience from the UDC, the Ndaba-led faction submitted itself to the jurisdiction of the UDc to act as a mediator.

We are told that the Ndaba-led faction sought one thing and nothing else. They sought that the UDC must order that there be a Congress re-run. Anything besides that, and with the benefit of hindsight, would not have been acceptable to the Ndaba-led faction.

The UDC duly accepted the mandate of a mediator and set to hear both factions, with the other faction being led by Advocate Pilane. After thorough consideration of the events and circumstances surrounding the Bobonong Congress the UDC reasoned that in its considered view, a congress re-run was premature.

It was ordered or recommended that the warring factions must attempt to sit out their problems and in the interim period negotiate for a power sharing platform to allow the BMD a semblance of stability.

The Congress re-run, which was strongly sought after by the Ndaba-led faction was not amongst the recommendations.

Following the recommendations by the UDC, the Ndaba-led faction gathered the next day whereat a new political child was sired and named the AP.

The party was formed a day after the recommendation and whilst the UDC was anticipating an initiation of the mediation process, which it had offered to do in the event that both parties are agreeable to the recommendation.

The new party was formed before the seven days window period that the UDC had offered.

I deem the act to so form a new political party a slap on the face of the UDC. It clearly points to the inescapable truth that the Ndaba-led faction was negotiating in bad faith and its submission to the jurisdiction of the UDC was mala fide and inconsistent with the ideals of justice that the new party regards as part of its founding principle.

A suggestion that the Ndaba-led camp could not take anything but a congress re-run suggests and points to a bully within the mediation. Is it not for the mediator to decide what is best for both warring parties?

And in the event there is disagreement with the recommendation, is it not honourable to write to the UDC to extend a courtesy thank you note and a rejection of the recommendation?

The AP surely was not formed a day after the recommendation of the UDC. It was formed way back and any submission before the jurisdiction of the UDC was a mere act of formality, of course tainted and painted with bad faith.

The Ndaba-led faction must have made life easier for the UDC and for the avoidance of a fully-blown enquiry made it clear that all they want is a congress re run and nothing else.

In that way, the UDC would have quickly realised that mediation would not be necessary as meditaion itself entails finding a common ground and avoiding giving favour to any of the parties that appear before a mediator.

Parties seeking an intervention of a mediator have no room of bulldozing the mediator into submission.

A party appearing before a mediator must be ready and willing to take any outcome that comes with the mediation process.

I found the reasoning by Duma Boko to be quite sound and well thought. He found, and rightfully so, that the Matshekge congress was the actual congress and set aside the Bobonong gathering as a nullity. Boko found, and rightfully so, that the Matshekge Congress could not stand on account of the environment not being favourable for a free and fair election.

The statement that the Matshekge environment did not allow for a free and fair election effectively nullified the elections.

Although Advocate Boko did not say in so many words, it was inevitable that a congress re-run was the ultimate goal and desire of the mediation recommendation.

One would have hoped that the Ndaba-led faction would have picked that up and allowed for the mediation process to culminate in a Congress re -run.

We are now left with Advocate Pilane claiming legitimacy to the presidency when his election was not free and fair.

Whether the UDC will recognise him remains to be seen, it being documented that his election did not meet the minimum requirement.