http://www.zimonline.co.za/
Friday 02 April
2010
HARARE - Zimbabwe's squabbling ruling parties have submitted
a "verbal
report" to South African facilitators after nearly a week of
negotiations
that achieved consensus on several fronts but failed to resolve
the key
issues at the root of a power-sharing dispute threatening the Harare
coalition government.
South African President Jacob Zuma is the
Southern African Development
Community's mediator in Zimbabwe and had given
President Robert Mugabe's
ZANU PF party and the two former opposition MDC
formations of Prime Minister
Morgan Tsvangirai and his deputy Arthur
Mutambara up to last Monday to
resolve their differences and submit a report
to him.
Zuma, who visited Harare two weeks ago to press Mugabe and his
former foes
to end their power-sharing dispute, had at the end of his
three-day visit
sounded optimistic telling reporters the Zimbabweans parties
had agreed to a
package of measures which if implemented would take the
country's troubled
transition process forward.
The South African
leader also said that Mugabe, Tsvangiriai and Mutambara
had instructed their
negotiators to finalise talks by last Monday and submit
a report to the
three principals and to Zuma.
But Zuma's advisor on international
affairs, Lindiwe Zulu, told ZimOnline on
Thursday that there were still
outstanding issues negotiators from the three
Zimbabwean parties needed
thrash out during talks that shall continue after
the Easter
break.
"We have received report, basically it's a verbal report from the
negotiators," Zulu said. "They (negotiators) should present a the written
report to the principals next week and we also get our own report. Basically
there are few issue which need to be sorted and we be back there again next
week to get the final report."
The Zimbabwean talks have dragged on
since the country's three main
political parties agreed to form a
power-sharing government in February
2009.
According to sources, the
latest round of talks achieved some progress on
some issues considered less
critical such as the need for electoral law
reform and the establishment of
the Zimbabwe Electoral Commission and the
Zimbabwe Human Rights
Commission.
Mugabe this week swore in the two commissions that will drive
reforms to
open up political space and democratise Zimbabwe's politics into
office this
week.
But sources said talks hit deadlock over Mugabe's
refusal to reverse his
unilateral appointment of two of his top allies as
attorney general and
central bank governor, refusal to appoint MDC members
as provincial
governors and his refusal to appoint MDC-T treasurer Roy
Bennett as deputy
agriculture minister.
There was also disagreement
on the issue of security sector reforms and on
the issue of Western
sanctions imposed on Mugabe and his top allies and that
his ZANU PF insists
must first be removed before it can meet its part of the
power-sharing
agreement.
ZANU PF, which accuses Tsvangirai of campaigning for the
sanctions, wants
the Prime Minister to call on Western countries to lift the
visa and
financial sanctions on Mugabe and his inner circle.
The
negotiators are expected to list all the points of disagreement and
areas
where consensus has been reached in the report that they shall present
to
the three Zimbabwean principals and to Zuma next week.
Zuma will forward
the report and possibly his recommendations on the way
forward to Mozambican
President Armando Guebuza, who heads the SADC's
special organ on security,
defence and politics.
The three-member organ, also known as the Troika,
will decide what action to
take including possibly calling a full SADC
summit to discuss the Zimbabwe
situation. - ZimOnline
http://www1.voanews.com
Co-Chairman Douglas Mwonzora of Parliament's Select Committee
on
Constitutional Revision said the demand by donors for Harare to
contribute
30 percent of costs was due to a breakdown of
communications
Patience Rusere | Washington 01 April 2010
The
Zimbabwean government will put up US$5 million to partially its
constitutional revision process following a meeting Wednesday with
international donors who initially asked Harare to meet 30 percent of costs
to show its commitment to the exercise.
Total costs are expected to
add up to 21 million u-s dollars, government
sources
said.
Co-Chairman Douglas Mwonzora of Parliament's Select Committee on
Constitutional Revision said the donor demand for cost-sharing was due to a
breakdown of communications between Harare and donors led by the United
Nations Development Program.
The government of Zimbabwe will cover
security costs projected at US$2
million, plus the training of outreach
rapporteurs and air time on state
media.
Mwonzora told VOA Studio 7
reporter Patience Rusere that with this agreement
in place he hopes the
process can be fully funded without further delays.
Elsewhere, the
advocacy group Gays and Lesbians of Zimbabwe and the Human
Rights NGO Forum
have issued statements taking issue with recent comments by
Prime Minister
Morgan Tsvangirai as to whether the new constitution should
protect gay
rights, demanding that he clearly state his position on the
issue.
At
a women's rights function in the Harare satellite town of Chitungwiza
last
week, President Robert Mugabe reiterated his opposition to protecting
sexual
preference rights, and the state-run Herald newspaper, a mouthpiece
for Mr.
Mugabe's ZANU-PF party, quoted Mr. Tsvangirai as saying he agreed
with Mr.
Mugabe, adding a remark intended to be humorous as to why
Zimbabwean men
needed to court other men when women account for 52 percent
of the
population.
But Mr. Tsvangirai in his regular newsletter this week
declared "there can
be no place in the new Zimbabwe for hate speech or the
persecution of any
sector of our population based on race, culture, sexual
orientation or
political affiliation." Gay activists however urged him to
publicly and
unequivocally state his position through a medium with greater
reach than
his newsletter.
Studio 7 correspondent Fazila Mahomed
reported from Harare on the concerns
of rights activists.
http://www.thezimbabwean.co.uk
Written by
The Zimbabwean
Thursday, 01 April 2010 10:28
16 families from Hoya ward 17
in Charunda village of Chief Kasekete in
Muzarabani yesterday fled their
homes at night to seek refuge at St Albert
business centre to avert
organized terror from a group of more than 200 ZANU
Pf youths hired from
Chiwenga ward.
Earlier this weekend, in an insidious criminal act of
impunity that has left
the village paralyzed, Paradzai Chabayanzara and a
group of unidentified
ZANU Pf youths are reported to have burnt down the
Charunda village AFM
church and Kafuramutowa's house member of the MDC.
Speaking to ROHR
Zimbabwe, the district chairman for Muzarabani, Freddie
Matonhodze said the
church was burnt because the ZANU Pf supporters are
alleging that it's a
church for the MDC people.
Reliable information
made available to ROHR Zimbabwe this morning by
Matonhodze, is that 55
members from Charunda village; man, women and
children including the
herd-man aged 70 had to walk for more than 84
kilometers during the night
and are now destitute following an arrangement
that was made by the ZANU Pf
district chairman to hire youths from a
neighboring village to come and
assault all members of the MDC.
The unraveling terror incident is linked
to the sprouting rekindled reports
of violence and intimidation campaigns
targeted at MDC supporters ahead of
the constitutional outreach program.
"They don't want people from the MDC
speaking about the constitution; they
are claiming that only the chief and
the herdsmen are authorized to speak on
behalf of the people" said
Matonhodze.
Commenting on the plight of
the stranded 16 families who are in dire need of
food, water and shelter,
Matonhodze said he was not impressed by the
behavior shown by ZANU Pf
supporters in the inclusive government." ZANU Pf
is not in the inclusive
government because of the will of the people but as
a result of
negotiations. They want to impose their shameful constitutional
position on
the people by force forgetting that the majority spoke
resoundingly on March
29."
He also criticized the partisan behavior exhibited by Chief Changara
Kasekete for promoting a discriminatory society bent on disempowering
community members on grounds of political affiliation.
For Peace,
Justice and Freedom
http://www.swradioafrica.com
By Violet Gonda
1 April
2010
Another disturbing report from Mashonaland Central was issued on
Thursday,
saying more MDC supporters have been forced to flee their homes by
ZANU PF
youths.
The Restoration of Human Rights organisation (ROHR) says
seven families have
fled after being threatened by known ZANU PF supporters
at a prayer meeting
held at Zhanda village in the Chishapa area,
Shamva.
Quoting their partner organisation, the Victims Action Committee,
ROHR said
among the displaced group are seven men, seven women, ten children
under the
age of twelve and two teenagers. The families faced a similar fate
during
the election violence in March 2008 and are now living in the bush
with no
access to food, water and shelter.
This report came just a day
after ROHR and the Crisis in Zimbabwe Coalition
both issued statements on
the arson attacks that took place in Muzarabani's
Charunda Village Ward 17,
resulting in 55 people fleeing the area.
The Crisis in Zimbabwe Coalition
said ZANU PF burnt down an Apostolic Faith
Mission (AFM) church and a house
belonging to Wirimayi Gono, an MDC
councillor, vowing to block attempts by
MDC supporters to participate in the
constitution making process.
The
pressure group went on to say that a meeting was convened in the same
ward
the next day, where Freddy Matonhedze, the ZANU PF District chairperson
for
Muzarabani South, allegedly launched 'Operation Hapana Anotaura'
(Operation
no-one will speak) - a move to stifle MDC participation in the
constitutional outreach programme starting on April 10th.
http://www.swradioafrica.com/
ROHR Zimbabwe condemns in the
strongest terms the rekindled acts of violence
and intimidation campaigns
that are resurfacing in some parts of the country
targeted at innocent
vulnerable community members. It is regrettable that
violence brings untold
suffering mostly to women and children, against their
wishes and
aspirations.
We call upon the principals to the Global Political
Agreement to be
responsible and accountable for the actions of the different
political
parties they are representing in the negotiations. Cognizant of
the fact
that at the top level the principals are negotiating in peace and
comfort,
we do not condone a situation whereby their constituencies at the
community
level are up in arms against each other.
The widespread
indescribable internal displacements of March- June 2008
election violence
represent a sad chapter of our legacy, the largest man
made catastrophe and
fierce proportions of crimes against humanity. It is
our collective
responsibility as a nation that, the sad chapter should never
be revisited
even in the worst of times when we have differences as a
people.
We
reiterate that the ministry of home affairs has a pertinent role to play
in
guiding the nation from a legacy of violence and cancerous impunity into
a
post conflict non discriminatory society that is build upon values of
liberty, fairness, and respect for humanity, justice, freedom, transparency,
accountability and trust.
The biggest threat to the writing of a
people's constitution and achieving
sustainable national healing is the
thriving self serving culture of
impunity that blinds our country from
visionary leadership. It is disgusting
that whilst people are still smarting
from the wounds from the past orgy of
election violence, they are now being
subjected to fresh wounds by the same
system, infrastructure and mechanism
that were responsible for promoting
widespread organized and sponsored
violence.
We submit as a matter of principle in the best interest of the
people at
large that the infrastructure of violence, intimidation and
torture should
be disbanded forthwith by all responsible parties as a
gesture of goodwill
towards rebuilding our beloved country. Violence begets
more violence and a
country cannot be built on a doctrine or culture of
fear.
We challenge the guarantor of the talks, SADC and the chair
President Zuma
to guarantee first and foremost the peace and security of the
people who
should be the ultimate beneficiaries of the outcome of the
prolonged talks
in the midst of the progress that is being avidly reported
against reports
of fresh rounds of politically motivated
violence.
ROHR Zimbabwe remains indebted to the meritorious cause of
fighting for the
rights and redress of the welfare of the neglected and
trampled victims of
politically violence.
For Peace, Justice and
Freedom
http://www.zimonline.co.za/
by Own correspondent Friday 02 April
2010
HARARE - US-based media development organisation Internews
Network plans to
launch a project to use local media and civic networks to
promote
understanding of Zimbabwe's national healing and reconciliation
agenda.
Internews said this week that hopes to develop a relationship
with civil
society organisations (CSOs) to help them utilise the media more
effectively.
"This project will support nascent local media and
peace-building CSOs to
play their appropriate role using radio and video
programmes to educate
communities on justice and peace issues, and to give
people in target
violence-affected areas the opportunity to exchange
experiences and discuss
future aspirations for justice and reconciliation,"
it said.
Internews also announced it was recruiting a country director to
oversee
implementation of the project.
The director would be expected
to organise mobile audio and video community
events as well community media
peace forums, among other activities.
Zimbabwe's national healing process
has been dogged by problems and is
viewed by most people as an exercise in
futility.
The failure by the unity government to come up with
transitional justice
mechanisms adds to the growing disappointment of
victims who have lost faith
in the organ of national healing set up under
the terms of the global
political agreement signed by President Robert
Mugabe and Prime Minister
Morgan Tsvangirai 19 months ago. - ZimOnline
http://news.radiovop.com
01/04/2010
13:54:00
Masvingo, April 01, 2010 - The leader of the smaller faction
of the Movement
for Democratic Change (MDC) Professor Arthur Mutambara is
under fire from
his supporters for recently heaping praises on President
Robert Mugabe
during a belated commemoration of the International Women's
Day held in
Chitungwiza last week.
Mutambara is the Deputy Prime
Minister of Zimbabwe in the shaky inclusive
government.
Mutambara
praised Mugabe on 25 March at Chitungwiza Aquatic Complex,
describing him as
"a consistent leader with organisational capacity and
strategic vision",
among others.
Mutambara also said President Mugabe has "generational"
ideas that produced
"generational" results like Independence. "What is the
generational result
for Mutambara, Kasukuwere and Chamisa? As our
generation, we are envious of
you President Mugabe," he said.
MDC
supporters who gathered at the New Market Centre in Masvingo on Thursday
quizzed the provincial leadership and pleaded with it to file an urgent
petition to Mutambara demanding him to either ask for apology or leave the
office.
MDC-M national chairman Jourbert Mudzumwe confirmed that
Mutambara's
'reckless' statements sparked an out row in the party but he was
however,
quick to say that everything was under control.
"Its not
that outrageous, as a democratic party we can't stop them from
holding
different opinion concerning that. A lot of people in our party
especially
in Masvingo and Gweru were riled by his (Mutambara) statements.
"They
have not yet informed us on the course of action which they want us to
take,
but the situation is under control," said Mudzumwe.
Benaya Muchovo who
lost to MDC-T's Professor Elphas Mukonoweshuro in Gutu
South constituency
during 2008 elections, confirmed that Masvingo is fast
losing patience on
Mutambara.
"Masvingo is losing patience on this man; he is using reckless
statements
which compromise our position as a party. Our meeting today was
just to
deliberate on the exact course to follow," said Muchovo.
http://news.radiovop.com/
01/04/2010
13:52:00
Mashava, April 01, 2010 - An international food relief
agency, The World
Food Programme, has made a timely intervention to rescue
embattled Shabanie
and Mashava Mine (SMM) workers from
starvation.
The workers have gone for one and half years without
salaries, while
operations have been grounded due to viability problems. The
mines were
grabbed by President Robert Mugabe's government a few years back
from exiled
businessman, Mutumwa Mawere. Prime Minister and Movement for
Democratic
Change (MDC) leader Morgan Tsvangirai has ordered that Mawere be
given his
business empire back so that a rescue plan can be worked
out.
Radio VOP witnessed the visibly troubled workers, most of whom are
now
surviving on menial jobs in the nearby Masvingo Town, getting food
handouts
which included mealie-meal, cooking oil, beans and corn.
WFP
Zimbabwe's programme director, Kevin Farrell, told Radio VOP in an
interview
Thursday that his organisation, despite focusing mainly in the
rural areas,
was touched by the plight of the more than 5 000 workers who
were
vulnerable.
"Although we focus our relief efforts mainly in rural areas,
we also saw it
fit to intervene as the workers are vulnerable, lack any
income but have
families to support. Others were getting help from
relatives. This is the
same desperate situation that applies in rural areas,
and so we had to
help," Farrell said.
He said 3 000 people-including
workers and their dependents-were given food
Wednesday in the first phase,
while the remaining will also get the
hand-outs in three phases which are to
be rolled out by end of April.
http://news.radiovop.com
01/04/2010
15:39:00
Johannesburg, April 01, 2010 - The defence force is being
redeployed to
assist law enforcement agencies in patrolling the borders of
Botswana,
Zimbabwe and Mozambique, the ministry of defence and military
veterans said
on Thursday.
"The SA National Defence Force is
deploying from different bases across the
country and troops have been
mobilised and are currently being briefed and
prepared for the journey back
to the border from 12 April 2010," a statement
from the ministry
said.
"The SANDF is deploying on the borders of South Africa and
Botswana,
Zimbabwe and Mozambique."
Defence and Military Veterans
Minister Lindiwe Sisulu was satisfied with the
process of redeploying the
troops following a briefing by SANDF chief
General Godfrey Ngwenya, the
ministry said.
"Following a briefing by the chief of the SANDF, the
minister of defence and
military veterans is satisfied with the process
being implemented to
redeploy the SANDF to support other law enforcement
agencies currently
patrolling and managing South African
borders."
Sisulu was informed that the advance technical teams consisting
of
engineers, communication experts and logistics were currently on the
borders, finalising the establishment of headquarters and "all other
necessary infrastructure" for the full return of soldiers.
Sisulu
said initially the SANDF will support and complement other law
enforcement
agencies on the borders.
She said that "over time" more soldiers would
patrol the borders, allowing
members of the South African Police Service to
be deployed to other areas.
"We are going back to the border under the
South African Border Management
Agency that was approved by Cabinet," Sisulu
said.
"We will complement and work closely with other law enforcement
agencies.
"When Cabinet approved the SANDF redeployment to the border
they said that
working with other law enforcement agencies, we must bring a
stop to all
illegal activities at our borders, from cross border crimes,
criminal
syndicates, abuse of poor people and stock thefts.
http://www.thezimbabwean.co.uk
Written by Ndumiso Mlilo
Thursday, 01
April 2010 09:48
JOHANNESBURG: The human rights organization, the Solidarity
Peace Trust
(SPT) has released the results of a research they did on
Zimbabwe exploring
the options the country can pursue.
The report
chronicles the plight of Zimbabweans at home and in South Africa
socially,
politically and economically. The report presented by professor
Brian
Raftopoulos the director of SPT presented some possible options for
Zimbabwe. The Movement for the Democratic Change withdrawal from the Global
Political Agreement (GPA) is one option which is possible. The report
observes that the things which forced MDC to go into GPA still remain
unresolved like using the state machinery to repress dissenting voices and
some economic decline. The report also mentions that the African Union and
SADC is against the withdrawal as it was observed when MDC made a brief
withdrawal and was pressured to return to the GPA. The report says the
belief that the 'African solution' is the answer gives Mugabe an advantage
more so because he knows that AU and SADC have a limited pressure on him.
MDC withdrawal is likely to "weaken the opposition both national and
regional levels and leave it without a viable alternative strategy
internally and no substantive regional backing". An early election is
another possible alternative. Prof Roftofoulus says, "MDC is capable of
wining elections as it has done before in 2008 but the problem is how to
transform the electoral victory into state power due to Zanu P.F 's hold
over the military and security apparatus in the country". The report argues
that the elections would be possible only when there has been a change in
constitution, electoral laws, and media reform. The report argues that Zanu
P.F is likely to engage in the violent tactics used in the disputed 2008
elections. An extended power sharing period preceding new elections is
another option the SPT considers. Using Kenya as an example the report says
there is danger with this option. The state may use the new spaces opening
up to entrench repressive culture and some conflicts within different
parties is possible. The report goes on to say that this can put a stop on
the constitutional making process, division in civil society over the GPA
and lack of alternative strategy for the opposition. The report argues that
this is the best option for Zimbabwe because any attempt to follow others
will be at Zanu P.F's advantage.
http://news.radiovop.com
01/04/2010 13:50:00
Harare, April
01, 2010 - Affirmative Action Group (AAG) has organized a
night gala for the
visiting controversial South African ruling ANC party
youth leader, Julius
Malema who is expected in Zimbabwe on Friday.
A series of rallies have
been organised for him by the Zanu-PF party.
In an interview AAG
secretary General Tafadzwa Musarara said a dinner gala
will be hosted by the
business presssure group on Saturday.
"We are going to host the South
African Youth leader at a local hotel and we
are inviting journalists and
serious stake holders to come and have
discussions with him. That day we
will be talking serious business," said
Msarara.
A political analyst
David Tavatya said Zanu PF wanted to use Malema to
supports its
controversial Empowerment Act, which has scared some investors
and has seen
the Zimbabwe Stock Exchange tumbling.
"This is desperate move by the
revolutionary party. They want to use this
young man for their political
benefit. They want him to say the empowerment
Act has been supported by
other countries using this South African youth.
"There are more credible
speakers to invite and discuss this critical policy
than inviting a hooligan
like Malema,"he said.
Malema like his Zanu-PF counterparts, is in the
processing of pushing
through a debate in South Africa in favour of the
introduction of
Zimbabwe-style-empowerment laws.
He recently ruffled
feathers when he made a call for the nationalisation of
the country's mining
sector, sending jitters among international investors
in South
Africa.
South African President Jacob Zuma was later forced to play down
the move
saying Malema was only expressing an opinion during a recent visit
to
London.
Malema like his Zanu-PF hosts also has a penchant for
provoking anti-white
sentiments. He recently described all white as
racists.
He also recently stirred a hornet's nest when he sang an
anti-apartheid song
which targets white people with its "shoot the Boer"
lyrics.
http://news.radiovop.com
01/04/2010 15:26:00
Johannesburg, April 01, 2010 - ANC
Youth League president Julius Malema has
upset the Movement for Democratic
Change (MDC), by only meeting Robert
Mugabe's Zanu-PF on a visit to
Harare.
"Is Mr Malema saying that the ANC does not respect democracy and
is willing
to ignore the millions of Zimbabweans who sent Zanu-PF packing in
the
corridors of power?" asked Austin Moyo, chairperson of the MDC in South
Africa, at a media briefing in Johannesburg on Thursday.
"Does Malema
understand that there are millions of liberation heroes in the
MDC?"
Malema made it clear that he would be visiting Zanu-PF because
it was "a
revolutionary party" - "as if MDC is not a revolutionary
party".
"Is Mr Malema suggesting that fighting and defeating the black
oppression of
Zanu-PF (by the MDC) is not synonymous with a revolution?"
Moyo asked.
He said the ANCYL's president's visit came at a crucial time,
as Zimbabwe's
unity government attempted to put to rest issues agreed upon
during a visit
by President Jacob Zuma last month.
"When the mud
water is about to settle, it is not wise for the youthful
president to stir
it up again with his feet.
"His talking to only one party will send the
wrong signals because South
Africa is the referee."
MDC spokesperson
Sibangeni Dube said it did not matter that Malema was not a
South African
government representative. "These guys have the power to sway
decisions.
"...We are not interested in Malema as an individual...
but he is wearing
the jacket of the ANC."
The controversial youth
league president was reportedly meeting senior
Zanu-PF members in the
country's indigenisation and administration
departments to learn more about
Zimbabwe's "revolutionary empowerment
programmes".
He was in Zimbabwe
by invitation from its Youth Minister, Saviour
Kasukuwere, but the MDC said
it was not interested in the intention behind
the visit.
It wanted
him to request a meeting with the leadership of the "majority
party", the
MDC.
The MDC had tried to address the matter with Malema directly "to
bring
sanity to this saga" but failed to secure a meeting.
Moyo said
the MDC's offices had been flooded with calls saying Zimbabweans
were
"watching his (Malema's) visit closely".
"They are interested in what he
is going to say and who he will meet when he
gets to Zimbabwe."
The
MDC hoped that during meetings with Zanu-PF, Malema would be "brave
enough
to say things nobody would be brave enough to say".
"Malema is a
well-known figure... he is also fearless. (We) want him to say
it is wrong
to patronise and oppress people."
Moyo wanted to ask the youth league
president if he was proud to be
associated with a political party (of
people) who "rapes and murders" -and
also if he was aware of Goromonzi,
Zanu-PF's "torture base" a few kilometres
from Harare. SAPA
http://www.eyewitnessnews.co.za
Stephen Grootes | 2 Hours
Ago
The North Gauteng High Court has ruled that ANC Youth League leader
Julius
Malema may not use the phrase “shoot the boer” in
public.
Judge Eberhard Berltesmann said the real pest of hate speech was
the effect
it would have on the person it was aimed at.
He said the
rights of the affected people had to come before the rights of
the people
who wanted to sing these songs.
However he also said this was a
preliminary decision, adding the Equality
Court must hear the
case.
He said it was obvious the comments caused people to be worried and
concern.
Malema and the ANC are likely to be furious at this decision but
it is only
effective until he first day of the Equality Court hearing.
http://www.thedailynewszw.com/?p=28545
April 1, 2010
By Our
Correspondent
HARARE - A leading Zimbabwean Internet service provider
(ISP) has
discontinued the provision of internet services to 200 of its
users who
declined to reveal their personal details in line with the
country's
draconian eavesdropping law, the Interception of Communications
Act.
Telecontract (Telco) closed accounts for the individuals and
organizations
who are all clients for its agent Zimbabwe On Line (Zol) after
they declined
to supply the service provider with their full names,
residential and
business addresses as well as their national identity
number.
In a statement on Thursday, Zol lashed out at Telco saying it
wanted the
details to forward to government.
"Zol feels the pain of
our customers. This disruption has affected
embassies, government ministries
and departments, multinationals and a whole
range of Zimbabwean companies -
small and big," the company said.
However, in a separate statement, Telco
said it would be illegal to provide
internet service without the details of
affected organizations and persons.
The ISP added that once the details
were supplied, internet connection would
be restored.
" According to
the Interception of Communications Act chapter 11:20 part 111
number 10 an
IAP such as Telco should have the following information on each
client..This
information is required by every Telecoms operator before it
can provide
service, similar to the way in which a banking institution would
require
such information for the opening of a bank account. Without this
information
it would be illegal by law to provide service.
"The failure to disclose
such end user information is a breach of our
license as well as the law.
Telco took steps to expediently gather that
information but the lack of
co-operation by Zol is the cause of the
unfortunate situation we now
have."
Last month President Robert Mugabe moved the administration of the
Interception of Communications Act from the Transport Ministry as provided
under that law and placed it under the Central Intelligence Organization
(CIO).
There was no amendment of the law to effect the
changes.
Comment
Munya Munochiveyi says:
April 1, 2010 at
7:00 PM
The Interception of Communications Ac is a clear
constitutional
violation of all privacy laws, even by Lancaster House
Constitution
standards. This law could never stand a chance against a
constitutional
challenge in any court of law. I urge the Zimbabwe Lawyers
for Human Rights
or other rights lawyers to make an urgent constitutional
challenge and
advocate that this law be repealed on the grounds that its
unconstitutional
& in violation of basic privacy rights. Who knows what
the CIO will do with
our e-mails - steal passwords, access our online bank
accounts, read our
emails, etc.
http://www1.voanews.com
Committee members were prevented by local police and
Manicaland Governor
Chris Mushowe from traveling into Chiadzwa, Marange
district, for a look at
mining operations and to hold meetings with local
residents
Sandra Nyaira | Washington 01 April 2010
Members of
the Zimbabwean Parliament Committee on Mines returned to Harare
on Thursday
from Manicaland province where they were prevented from
inspecting the
Mutare diamond-sorting operations of firms partnering with
the government or
entering the Marange diamond field itself on a a
fact-finding
mission.
Committee members were prevented by local police and Manicaland
Governor
Chris Mushowe from traveling into Chiadzwa, Marange district, for a
look at
mining operations and to hold meetings with local residents. Public
meetings
in Marange and Mutare had to be canceled due to the lack of
cooperation from
local officials, members of the committee said.
A
meeting with the provincial coordination committee assigned to relocate
Chiadzwa residents was called off Thursday. Lawmakers have accused Mines
Minister Obert Mpofu of blocking the investigations.
Committee
members had appealed to Mpofu earlier on Wednesday to send a
letter
authorizing them to enter the alluvial diamond field to inspect
operations
at first hand but the minister said he was tied up in a meeting
at the
headquarters of his ZANU-PF party and could not extract himself to
send such
a fax.
Parliamentary backbenchers were up in arms over the episode and
comments
attributed to Mpofu carried in the Bulawayo-based state-run
Chronicle
newspaper calling the lawmakers "ignorant
pedestrians."
Sources said the Zimbabwe Mining Development Corporation
had prepared all
the required letters to request clearance for the committee
to visit
Chiadzwa in response to a request by the clerk of Parliament, whose
office
also spoke with Police Commissioner General Augustine Chihuri
requesting
that he grant the legislators permission to enter
Chiadzwa.
"Chihuri said he had no problem instructing his officers to
issue clearance
for the visit to the reserve and restricted diamond fields
but needed
authority from the co-ministers of Home Affairs and in particular
the
Minister of Mines Obert Mpofu, who remained elusive the whole week and
refused to give authority for the police to give clearance," one source
said.
The co-ministers of Home Affairs gave their nod but the police
could not go
ahead without the Mpofu's approval "since the the reservation
of the area
was declared in terms of Mines and Minerals Act," the source
said.
Manicaland Governor Mushowe also failed to meet the committee
members for a
courtesy call.
On Wednesday evening the committee
received word from senior Parliament
officials that they should return to
Harare as they had not been able to
obtain clearance to enter the
security-shrouded Chiadzwa area.
Committee members were "shocked by the
conduct" of Mines Minister Mpofu,
said another source.
"It is
unfortunate that the executive has not sat down with [Mpofu] and
advised him
that Parliament operates under the Constitution of Zimbabwe ...
and plays an
oversight role," said one committee member.
A member of the committee
said the lawmakers, from all three unity
government parties, were "not
taking this lightly coming from a member of
the executive who is also a
member of Parliament. There is need to respect
the principle of separation
of powers between the executive, the judiciary
and
Parliament."
Legislators say Mpofu's charges that their probe is a
witchhunt are
unsupported and represent tactics meant to delay and derail
the
parliamentary probe into the government's development of the Marange
field.
For a closer look at the Marange situation and related issues of
governance,
VOA Studio 7 reporter Sandra Nyaira turned to environmental
lawyer Shamiso
Mutisi and the member of Parliament for Mutare West, which
includes Marange,
Shuwa Mudiwa.
Mutisi said Mines Minister Mpofu and
his senior staff have deliberately
misinterpreted the law to prevent the
parliamentary committee from
scrutinizing operations in Marange and its
handling of national resources.
http://www.herald.co.zw
Friday,
April 02, 2010
By Sydney
Kawadza
THE Easter holidays begin today with a chilling statistic: 43
people dead in
five horrific road crashes this week alone.
Transport,
Communication and Infrastructure Development Minister Nicholas
Goche
yesterday said this was already the "bloodiest Easter holiday in the
history
of road traffic safety in our country".
On Wednesday night, The Herald
visited the scene of one of these horrific
accidents, where the broken
bodies of the six dead in a commuter omnibus
crash along the
Harare-Nyamapanda Road were strewn across the road and
surrounding
bushes.
Police sources have said their initial investigations suggest
that this was
another case of speeding, and drinking and
driving.
About 5km before Juru Growth Point, the Toyota Hiace kombi
rammed into a
stationary haulage truck that had no rear
reflectors.
The kombi overturned about 200 metres from the point of
impact, indicating
excess speed on the driver's part.
It was typical
blood and gore stuff, with one man's head getting crushed and
several other
passengers getting dismembered.
This reporter had the misfortune of
slipping on pieces of human flesh and
bones on arriving at the accident
scene.
It was more of a battleground than anything else; "bloodbath" is
perhaps the
most fitting description.
The 27-year-old driver, Simba
Magomo, looked calm and answered questions as
if nothing had
happened.
Magomo said: "I was coming from Harare going to Mutoko and I
suddenly saw a
lorry in front of me.
"The hazards on the trailer were
not on and I only realised that there was a
lorry when it was too late. My
efforts to avoid the truck failed as there
was an on-coming
vehicle.
"I do not know what really happened because the next thing the
bus was lying
on its roof and people screaming."
Magomo denied he was
speeding.
However, Simbarashe Chikomba, who was sitting next to the
driver, says
otherwise.
Sitting up on his bed at Murehwa District
Hospital a few hours after the
crash, Chikomba blamed the driver for the
accident.
"I suspect the driver and the conductor were drinking at Mbare
Musika. The
two were not even at the terminus when the bus was being
loaded.
"They only came back when people started disembarking from the
bus and we
went through Fourth Street Terminus in town where some more
people
disembarked," he said.
Chikomba said they picked more
passengers at an undesignated pick-up point
along Samora Machel
Avenue.
"They were just delaying and some people threatened to disembark
again and
that is when we started the horrible journey."
Chikomba
said the man sitting next to him on the front seat had his head
crushed.
"It was just horrible. The driver was speeding and when we
tried to caution
him he ignored us.
"When an alarm started beeping to
show he was speeding, the driver said he
had driven vehicles that stopped
beeping when you go faster.
"That was about the same time that he hit the
trailer. I was not sure what
had happened and only realised that we were
upside down and skidding."
Chikomba said Magomo's conductor urged him to
drive faster so that they
could reach Nyamapanda and come back to
Harare.
Reflecting on the terrible start to the holiday, Minister Goche
said: "All
drivers travelling at night have to be extremely cautious and
travel at safe
speeds, which allow them to stop in a case of an
emergency.
"Drivers should only overtake when they have satisfied
themselves that there
is no danger of meeting with oncoming
vehicles."
He said drivers should avoid drinking and driving and sober up
before
turning the key in the ignition.
"A country that continues to
kill a lot of people and destroy so many
vehicles in road traffic accidents
cannot record any significant economic
development since a lot of resources
will continue to be sought to replace
damaged vehicles, import medication
and gadgets needed for physiotherapy,
among other requirements," he
said.
National Traffic Police spokesperson Inspector Tigere Chigome said
people
got carried away during holidays.
"Most of these accidents are
being caused by speeding, sub-standard tyres,
over-excitement, drinking and
driving.
"The police will be out in full force during holidays. There are
people with
defective vehicles who try to bribe our officers and people
should report
these activities," he said.
Mr Wilbert Zhakata of the
Urban Transporters Association of Zimbabwe blamed
transport owners for
pushing their drivers too hard.
"We are also imploring the police and the
Vehicle Inspection Department to
impound defective vehicles and arrest
drivers who have not undergone
defensive driving courses," he said.
A
caller who phoned The Herald yesterday said more should be done.
"The
authorities should start dealing with such problems. Why should young
people
be responsible for the loss of so many lives? Most of these drivers
are
below the age of 30.
"Government should introduce age limits for drivers,
impound vehicles and
send killers to jail for a long time," she
said.
Another caller, Mike Adams, said: "There are simple rules to
follow.
According to the Student Workbook and Defensive Driving Manual,
Student
Outline: Session Two; Defensive means you driving to prevent
accidents and
arrive alive in spite of the incorrect actions of
others.
"This is a simple statement to be followed by drivers."
He
called for mandatory defensive driving lessons for public
transporters.
Does Zimbabwe need wider roads? Should it be mandatory to
retrain drivers
using public transport?
And what is the maximum
sentence that can be imposed on negligent drivers
who cause the deaths of
innocent people?
And what of the drivers; when will we start exercising
due caution on the
roads?
These are the hard questions that should
sober us all up this Easter
holiday.
PEACE
WATCH 4/2010
[31st
March 2010]
New
Human Rights Commission Faced with Daunting Task
This
long overdue Commission was sworn in today. It was provided for under the GPA
and inserted into the Constitution by Constitution Amendment No. 19, which came
into force in February 2009. Under the chairmanship of the distinguished
Professor Reginald Austin, the Commission has a mammoth task ahead of it.
Despite constitutional guarantees of protection from such abuse, Zimbabwe has a
long history of human rights being violated with impunity.
While
we continue tolerating a culture of impunity human rights abuses can continue to
flourish. Already there are a growing number of reports that intimidation and
harassment have resurfaced in some parts of the country following pronouncements
by President Robert Mugabe and Prime Minister Morgan Tsvangirai that elections
should be held next year. We have still not dealt with the violent crimes
committed in the 2008 election period, though Article XVIII(j) of the GPA speaks of the role
of the State to prosecute these offences – whether committed by political party
thugs or state agents. [In the few court cases that have been brought, the
State has admitted the complicity of state agents.]
Of
all the human rights abuses that have taken place in Zimbabwe, that of torture
is the most heinous. It involves premeditation and planning, often total
isolation, and not only incredible infliction of pain but the uncertainty of if
and when it will end. It is a violation of all that makes us
human.
It is
hoped that the Commission will persuade the Government to sign the United
Nations Convention against Torture and its Optional Protocol. Zimbabwe is one
of the few SADC countries that have not signed this convention. [It is
several years since Parliament passed a resolution recommending it be signed and
a year since Zimbabwe’s failure to sign the convention was raised in Parliament
and co-Minister of Home Affairs Giles Mutsekwa said he would look into the
matter.]
It is
also hoped that each and every commissioner will read the recently launched
report from Crisis Coalition which seeks to expose the use of torture. It tells
the stories of political and human rights activists who have been tortured at
various locations in Zimbabwe, some for months on end.
Torture
Victims Cry Out for Justice
Disbelief,
anger, outrage, shame, indignation, pain, sorrow and compassion: these must be
among the emotions experienced by those who attended the launching of Crisis in
Zimbabwe Coalition’s report on torture in Zimbabwe: Cries from Goromonzi:
Inside Zimbabwe’s Torture Chambers, during which, through anguished
sobs, a victim recounted her ordeals.
Rutendo
Munengami described how one day in the dead of night in 2003 she was surrounded
by a gang of 10 armed men. Her house was ransacked, she was raped, mocked,
brutalized, unlawfully arrested and threatened with being thrown into a pool of
acid to melt without a trace. She was subjected to all this barbarity and
cruelty simply because she and her husband were known supporters of a political
party. Munengami spoke for all torture victims and survivors when she declared
tearfully: “We want truth and justice, there can be no healing without it and we
cannot go into elections with unhealed wounds.”
The
packed auditorium at the Book Café in Harare, the venue for the occasion, became
so charged with emotion that Munengami’s cry for justice and restoration of her
dignity as a human being became a collective cry, with many in the audience
weeping openly and others struggling to remain composed. Munengami’s ordeal is
one of 23 accounts of torture and brutality, narrated by the victims themselves,
which make up Cries from Goromonzi. The book makes painful
reading, covering as it does an unimaginable spectrum of depravity, perversity
and sadism.
Sexual
torture
Sexual
violation is a lethal weapon in the arsenal of the merchants of violence and
torture, with female victims describing how they were gang-raped [and as a
result tested HIV positive after their ordeals], had blunt objects and chilli
powder inserted into their private parts or were force marched naked after
having their clothes ripped off. Male victims were not spared either and many
recount in the book how their genitals were burnt with electric wires, crushed,
pierced with sharp objects or tied up with string. The results of sexual
torture are pernicious. It undermines the whole identity of the person and
affects self image, personal relationships and family life ever afterwards.
Other
torture methods used
Torture
survivors told how they were subjected to electric shocks, attempted
suffocation, and repeatedly having their heads “dipped” in buckets of water.
Some were also suspended upside down from what they described as the “torture
bridge”. Almost all victims were threatened, verbally abused, brutalized and
then denied medical treatment. Some of these methods of torture caused a global
outcry when they were exposed at the Ahbu Ghraib Prison and Guantanamo Bay after
the invasion of Iraq by America and her allies. What a shock it is to discover
that the use of these inhuman methods of intimidation, for which the Americans
were heavily criticized, including by Zimbabwe, were practised in our country.
Pattern
of systematic, organized violence exposed
The
testimonies of victims contained in the report prove beyond doubt that the
perpetration of violence and torture in Zimbabwe was so systematic that it
cannot be described as anything other than organized. There was nothing random
and isolated about it. Survivors whose ordeals are recounted in the book
include Minister Nelson Chamisa, who was beaten up at Machipisa police station
on March 11th 2007 and a few weeks later at Harare International
Airport, where he lost consciousness and almost lost an eye and once again had
to be admitted to the intensive care ward in hospital. Secretary to the Prime
Minister, Ian Makone, was severely beaten at the ZCTU demonstration in 2006 and
again when a gang of eight men armed with guns, machetes and iron bars
surrounded and assaulted him while he was on his way to the Save Zimbabwe
Campaign prayer meeting in March 2007. Later that same month, armed police and
soldiers, arriving in 16 vehicles, broke into his house in Domboshava at 2 am
and ransacked it. He was abducted and tortured and only released on bail in
July. Victims included journalists Gift Phiri, Andrison Manyere and Luke
Tamborinyoka, members of Parliament, election agents, trade unionists,
opposition and human rights activists and women singled out for being married to
men known to support a political party.
Those
who paid the ultimate price
The
poignant stories are told of the needless deaths of Tonderai Nhira and Better
Chokururama, who both died after brutal encounters with the State security
apparatus. Plaxedes Mutariswa, wife of the late MDC-T activist Tonderai Ndira,
says she continues to live a nightmare since her husband was gruesomely murdered
in the countdown to the run-off election. No one has been charged with the
murder. “I do not know what these people did to my husband,” she says. “I do not
know the pain and suffering he went through and I do not know what his last
thoughts and words were. But I want whoever murdered my husband to
face justice. Perpetrators should be arrested and sentenced to life
imprisonment. You cannot take life and live your life as if nothing happened.
As long as it is protecting these people, the inclusive government cannot bring
healing to me.”
Truth
and Justice needed for Reconciliation, Forgiveness and
Healing
Prime
Minister Morgan Tsvangirai gave the keynote address at the launch, which was
held on the anniversary of the day, 11th March 2007, when political
and civil society leaders – including himself – were en route to the Save
Zimbabwe Campaign
prayer
meeting and were arrested by security forces and brutally assaulted at Machipisa
police station. Mr Tsvangirai was later hospitalised with head wounds. In his
speech he said it was difficult to ignore the cries of the victims of violence
and torture and acknowledged there would be no healing as long as the
perpetrators of the atrocities refused to unclench their fists. He said
forgiveness could not exist in a vacuum and the publication of Cries from
Goromonzi removed the veneer of normalcy and enabled the nation to face
the truth.
Cries
from Goromonzi,
which
is illustrated with colour pictures graphically showing the horrific injuries
inflicted on victims, makes for gruelling reading. It is excruciating to be
brought face these unspeakable atrocities perpetrated against defenceless
citizens. It makes one ashamed to be a Zimbabwean, but as Zimbabweans we need
to read it and know what happened and ensure that it never happens again, for no
one can be truly free in a country where the intrinsic value of every human
being and the sanctity of life are not upheld.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied.
BILL
WATCH 14/2010
Constitutional
Commissions
[1st
April 2010]
Zimbabwe
Electoral Commission
[ZEC]
The
Zimbabwe Electoral Commission was sworn in on Wednesday 31st March at State
House.
Chairperson:
Justice Simpson Mtambanengwe; Vice-Chairperson:
Joyce
Kazembe; 7 Other Members:
Daniel Chigaru, Geoff Feltoe, Theophilus Gambe, Petty Makoni, Sibongile Ndhlovu,
Bessie Nhandara, Mukuni Nyathi.
ZEC’s
Constitutional Responsibilities
ZEC’s
main responsibility under section 100C of the Constitution is to “prepare for,
conduct and supervise” Presidential, Parliamentary and local authority elections
and referendums, and to ensure that they “are conducted efficiently, freely,
fairly, transparently and in accordance with the law”. In addition ZEC is
responsible for:
·
supervising
the registration of voters by the authority [i.e. the Registrar General]
charged with that responsibility under the Electoral Law
·
compiling
voters’ rolls and registers and ensuring their proper custody and maintenance
[ZEC must compile the rolls from data collected and recorded by the
Registrar-General — a curious and unhappy division of
labour]
·
designing,
printing and distributing ballot papers, approving the form of and procuring
ballot boxes, and establishing and operating polling
centres
·
delimiting
constituencies and wards
·
conducting
voter education
·
accrediting
election observers
·
giving
instructions to State and local authority employees for the purpose of ensuring
efficient, proper, free and fair conduct of elections and referendums
·
exercising
any other function assigned to it under the Electoral Act or any other
law
Limitations
of these Functions and Powers
Registration
of voters:
The Registrar-General and his officers remain responsible for registering voters
and although in terms of section 18 of the Electoral Act the Registrar-General
should be subject to the ZEC directions in this matter, there are no provisions
to ensure his compliance. [He is a public servant in the Ministry of Home
Affairs, not a ZEC employee, and has always exercised a considerable measure of
independence.]
Compiling
voters’ rolls:
Under section 24 of the Electoral Act, constituency registrars enter voters’
names on the appropriate roll as soon as the voters have been registered. The
registration of voters and the compilation of the rolls is therefore a single
process, and is conducted by constituency registrars who are under the control
of the Registrar-General. ZEC itself is not directly involved in compiling the
rolls and the only way it can influence the process is by giving directives to
the Registrar-General and it may be difficult to ensure his timely compliance
[see above].
Delimiting
constituencies and wards:
This process is largely under ZEC’s control, but its control is not absolute.
Delimitation must precede a general election, so the timing depends on the
President‘s decision to call elections, and previous delimitations have always
been rushed, with ZEC’s predecessors relying on the Registrar-General’s often
inaccurate information about the numbers of voters living in each area and with
insufficient time for public input.
Conducting
voter education:
This is spelt out in Part IV of the Zimbabwe Electoral Commission Act, which gives ZEC a virtual monopoly of voter
education – ZEC itself has an obligation to provide voter education, and anyone
other than a political party who wants to provide voter education must get ZEC’s
approval. But, who ZEC can approve is limited by the Act – they can only
approve local organisations registered under the PVO Act and these may not use
foreigners to give instruction. Any foreign funding for voter education whether
by ZEC itself or by local ZEC-approved organisations has to go through ZEC, but
such funding is subject to Ministerial approval.
Accrediting
election observers:
Although the Constitution gives ZEC the function of accrediting election
observers, it must do this in accordance with section 6 of the Electoral Act, which vests accreditation in an Observers’
Accreditation Committee consisting of equal numbers of commissioners and
nominees of Ministers and the Office of President and Cabinet, with the Minister
of Justice, who is currently responsible for the Electoral Act, and the Minister
of Foreign Affairs having a veto over their accreditation.
Use
of State and local authority employees:
The power to give instructions is not backed up by effective machinery to ensure
compliance.
Other
functions: Under
the ZEC Act, the Commission has the power to make regulations – but the
regulations have to be approved by the Minister of Justice. For example, any
regulations it makes for political party access to public broadcasting media
during election campaigns have to be approved by the Minister – currently
Minister Chinamasa. ZEC must also monitor media conduct generally during
campaigning; but in the past has not had sufficient resources to conduct
meaningful monitoring and the resources come from the Ministry unless ZEC gets
donations – but these also require Ministerial approval.
Allocation
of Electoral Act to Minister of Justice
In
the recent gazetting of Ministerial functions the President surprisingly
allocated the administration of the Electoral Act and the Zimbabwe Electoral
Commission Act to the Ministry of Justice and Legal Affairs, rather than the new
Ministry of Constitutional and Parliamentary Affairs. ZEC requires the
Minister’s approval for making regulations, borrowing money and accepting
donations.
Setting
up ZEC: A Long Drawn-out Process
The
new ZEC was established by Constitution Amendment No. 19 in February 2009.
In August 2009 Parliament interviewed candidates and submitted its
list of nominees, from which the President had to appoint 8 members. The
selected members were only announced on 21st December – the interval
having been used to reach a party-political compromise on membership. The
chairperson was appointed by the President after consultation with the Judicial
Service Commission
and
Parliament. The President also appointed the vice-chairperson in term of the
ZEC Act from the 8 members. Under the GPA he was obliged to get the agreement
of the Prime-Minister for these two appointments.
ZEC’s
Status under Electoral Laws
The
Zimbabwe Electoral Commission [ZEC] has been through several metamorphoses. It
was originally established by the Zimbabwe Electoral Commission Act of 2004. It
was then re-established as a constitutional body in 2005, by Constitutional
Amendment No. 17 which inserted a new section 61 in the Constitution
establishing ZEC and setting out its functions. The problem is that there was
no provision stating that the new ZEC was a reincarnation of its predecessor, or
that commissioners and staff should continue to hold their offices. Despite
this, in fact it was tacitly accepted that ZEC continued as it was in 2005 and
staff continued in office and new commissioners were not appointed till 2006.
In
February 2009 Constitution Amendment No. 19 replaced section 61 with a new
section 100B establishing a new ZEC and once again setting out its functions.
There was nothing in the provisions to indicate this was a continuation of the
2005 ZEC – in fact there were significant differences between the old ZEC and
the new one in regard to composition and method of appointment of members.
Until the new ZEC was appointed yesterday, there was no legal ZEC in existence
to employ and pay staff. This issue may cause difficulties for the new ZEC:-
·
If
staff have continued in office, the new ZEC may be caught in a dilemma – they
may want to start as “new brooms” and appoint their own staff, but at the same
time have to solve the staffing and remuneration questions that have been let
slide.
·
Again,
as the old ZEC was abolished in February 2009 when Constitution Amendment No. 19
was enacted, the commissioners ceased to hold office then and should not have
been entitled to any remuneration or benefits since then.
·
Anything
done after February 2009 by the old ZEC could be considered to have no legal
validity. This may cast doubt on the Commission’s report on the 2008 elections,
which was not presented to Parliament till May
2009.
Will
the new ZEC be able to ensure free and fair elections in
Zimbabwe?
Regrettably,
no. Although ZEC is responsible for conducting elections, there are
impediments, both legal and institutional, which seriously limit the
Commission’s power to ensure that elections are free and fair. Some of these
have been dealt with above, but there are more:
·
ZEC
cannot control the timing of elections. General elections are called by the
President with the agreement of the Prime Minister [GPA, Article
20.1.3(q)], while parliamentary by-elections have to be called within 14
days after the President is notified of a vacancy in Parliament [Electoral
Act, section 39]. This means that ZEC usually has only a short time within
which to plan and organise elections.
·
There
is no easy and quick way to restore credibility to the voters’ rolls. ZEC
cannot order a new registration of voters – there is no provision for it in the
present Electoral Act. Without accurate voters’ rolls it is impossible to
delimit electoral boundaries, and any election conducted on the basis of
defective rolls is open to suspicions of rigging.
·
ZEC
does not have sufficient staff to conduct elections itself and must rely on
civil servants assigned to it by the Public Service Commission, the Health
Service Board and local authorities under section 17 of the Electoral Act. This
is inevitable, because obviously ZEC shouldn’t have to engage large numbers of
employees to be kept on standby pending the calling of an election, but there is
a danger that some sections of the Public Service are thoroughly
party-politicised.
·
ZEC
cannot control the electoral environment, i.e. the general atmosphere in which
an election is conducted. If there is widespread intimidation or violence in
the run-up to an election, there is little that ZEC can do to stop it – for that
it has to rely on the Police and Defence Forces, whose conduct in previous
elections has been widely criticised as party-politically
partisan.
·
While
ZEC has far-reaching powers to make regulations for the conduct of elections,
its power to do so is subject to approval by the Minister responsible for the
Electoral Act – currently the Minister of Justice. In this important respect,
therefore, ZEC is not independent.
·
While
ZEC must ensure that elections and referendums are conducted transparently,
there is no legal requirement that the Commission itself must act in a
transparent manner. This is not a fatal defect in itself, but if ZEC’s
decision-making processes are not completely open there may be suspicions that
ZEC is being subjected to political manipulation.
Funding
of ZEC
The
2010 Budget allocates an amount of US$ 4 175 000 for ZEC operations for the
whole of 2010, under Vote 21: Ministry of Justice and Legal Affairs. The
breakdown of the allocation – how the funds will be spent – is not set out.
Donations or grants from local or foreign sources may be accepted – but only
with the consent of the Minister of Justice and Legal Affairs.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied.