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Evidence of Chiadzwa massacre could be used to prosecute Mugabe

http://www.swradioafrica.com

By Alex Bell
10 August 2011

The International Criminal Court (ICC) has said that the evidence gained
during a BBC investigation into human rights abuses at the Chiadzwa diamond
fields, could be used to prosecute Robert Mugabe.

The BBC’s Panorama investigative series this week revealed the extent of the
human rights abuses at the diamond fields, including the ongoing use of
torture camps controlled by the military. The Panorama team was also able to
gather hard evidence and shocking testimonies of the military-led killing of
hundreds of diamond panners in the area in 2008.

A soldier who took the risk of speaking to Panorama detailed how the
killings unfolded, and also said that such an operation “would not have been
possible” without orders from the top.

The top three officials implicated in ordering the Chiadzwa murders are
Robert Mugabe, Constantine Chiwenga and Perence Shiri – the same men behind
the Gukurahundi killings of the 1980s. The ICC has not been able to
prosecute the ageing ZANU PF leader or his cronies for the mass murders
then, despite the killings recently being classified as genocide.

Louis Moreno-Ocampo from the ICC told Panorama, who approached the court
with their evidence, that the massacres in Chiadzwa could be classed crimes
against humanity.

“Anyone who wanted to investigate this would have an incredible advantage
with the information you provided,” Moreno-Ocampo told Panorama. “Can I do
it? Not today. As soon as the (UN) Security Council refers the case to my
office, my office could use this information to start a good case.”

But as the Panorama team points out, the reality is that Mugabe is unlikely
to be prosecuted “because there isn’t the international will to push for
 it.”

Journalist Geoff Hill, who, together with a team helped research the
Panorama series and gather the critical evidence, told SW Radio Africa that
it is unlikely that Mugabe will ever be prosecuted outside the country.

“While he is well, it is unlikely that South Africa and China would allow
this to go through the security council,” Hill said, explaining how both
countries, as rotating and permanent members of the Council respectively,
blocked action on Zimbabwe in the past.

But he added that it is not just Mugabe who should face prosecution for the
crimes.

“The people involved in the Chiadzwa massacres, some of them are as young as
20. People need to be gathering the evidence now. Every Zimbabwean should be
gathering evidence so that in the coming years, there is enough evidence to
stand up in the ICC,” Hill said.

Hill, an accredited genocide scholar, was instrumental in getting the
Gukurahundi massacres of the 1980s certified as genocide last year. He
explained that the field of genocide law is quite new, and “rapidly
changing.”

“Under normal circumstances the ICC can only deal with cases from countries
that are signatories to it, and Zimbabwe is not. But the precedent has been
set, and recently the ICC issued a warrant for Sudan’s President Omar
Al-Bashir, even though Sudan is not a member,” Hill said.

He added: “In the meantime, the evidence must be gathered and that has to
happen now.”


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White ZANU PF farmer defaces MDC office in Chimanimani

http://www.swradioafrica.com

By Tichaona Sibanda
10 August 2011

The MDC-T has lodged a police report over an incident on Tuesday involving
Joshua Sacco, a white ZANU PF official who defaced the party’s logos and
slogans at its offices at the village in Chimanimani in Manicaland.

Sacco, once described by Robert Mugabe as being the last white man standing
in ZANU PF, led a group that sprayed the office block with white paint.

The MDC-T spokesman for the province Pishai Muchauraya, said the incident
was witnessed by dozens of locals but by Wednesday afternoon police had
still not arrested anyone.

‘The group led by Sacco was so drunk they left beer bottles all over the
place. We don’t know the motive behind the defacement but what is clear is
that Sacco is fighting a bitter turf war with the local ZANU PF MP, Samuel
Undenge.

‘This is a war between the two of them and it has sucked up the whole
constituency. This Sacco guy is now proving to be a handful. He’s now
terrorizing villagers using the militia and war vets to campaign for him in
Chimanimani East,’ Muchauraya said.

In 2009 Sacco became the first white to hold a position in the ZANU PF youth
league when he was elected deputy secretary for production. Two months ago
he was part of a ZANU PF propaganda team led by Jonathan Moyo that was in
Sandton, South Africa for the SADC summit.

Meanwhile, concerns have been raised about a ZANU PF torture camp and base
that has over 200 fully fledged militias with another 75 recruits currently
undergoing military training.

The base is at Sherenje secondary school in Headlands, a ZANU PF
constituency under Didymus Mutasa, the Presidential Affairs Minister. The
militias have taken over a classroom block and the school grounds for the
physical training.

‘This school has become a no-go area for non-ZANU PF people. Anyone passing
through is subjected to a physical body search, in case they have cameras.

‘Several villagers deemed anti-ZANU PF have been taken to the base and they
have told us of their horrific experiences, such as being forced to fill up
a 200 litre drum with water, using a small bucket.

‘Some have been forced to do as much as over 100 press ups, while others are
forced to polish shoes and sing ZANU PF songs. Parents are also barred from
visiting the school but they are forced to send their children for training
there,’ Muchauraya said.


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13 days on, Air Zimbabwe stays grounded

http://www.swradioafrica.com

By Tichaona Sibanda
10 August 2011

The strike by Air Zimbabwe pilots entered its 13th day on Wednesday with no
end in sight, amid reports the airline has started refunding stranded
passengers in London.

The walkout by the flight and cabin crew has left hundreds of passengers
stranded in foreign lands, mainly in China and the UK. Over 200 passengers
are stranded in China, though some of them have started making their own
arrangements to fly back home.

The airline’s regional manager for the UK and America, David Mwenga, told SW
Radio Africa that they’ve started refunding hundreds of passengers in
London. He said the refunds would take at least three weeks for the money to
clear into their accounts.

‘Its not going to be immediate, but we are doing this (refunding) to the
best of our ability. The London to Harare route remains suspended and there
is no flight tomorrow (Thursday) due to the strike.

‘I’m still waiting for news from headquarters about the progress of talks
between management and the pilots,’ Mwenga said. Making things even worse
for the airline is the fact that the crisis has come at a time when summer
travel is peaking.

The Harare-London route is the airline’s cash cow. With neither the striking
pilots nor the Air Zimbabwe management budging from their stands, it’s the
passenger yet again being held to ransom. The pilots are demanding payment
of their outstanding salaries and allowances, estimated at around US$9
million.

Over the last few years the national airline has lost most of its senior
pilots and engineers, due to poor conditions of employment. A tragedy for an
airline once regarded as one of the very best in Africa.

 


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Zimbabwe To Have Its First Military University

http://www.radiovop.com/

Harare, August 10, 2011 - A military college being built by the Chinese on
the outskirts of Harare along the Harare-Bindura highway will become the
country’s first military university, President Robert Mugabe told a
gathering to commemorate the defence forces day in Harare on Tuesday.

The National Defence College is being built by the Chinese following the
agreement between China and Zimbabwe of a $97 million loan meant for its
construction.

Mugabe told the gathering at the National Sports stadium that the military
college, which will be used as a centre for strategic military and
intelligence studies, will be accorded university status.
“Currently the Zimbabwe Defence Forces are actively engaged in the
construction of a National Defence College which, with a university status,
is going to be the highest institution of academic and military
 instruction,” said Mugabe adding that the college is almost complete.

The $97 million dollar loan was signed by Finance Minister Tendai Biti on
behalf of government on March 21 this year and bonds Zimbabwe to a 20-year
deal of using Marange diamonds to pay off the loan.

The deal was however, met with mixed feelings from different sectors of the
economy who hoped the money could have been invested into something
productive, considering the harsh economic conditions that are currently
prevailing in the country.

Under the arrangement, the Chinese provided Zimbabwe with a $97 million loan
for the construction of the state-of-the-art defence college located on the
outskirts of Harare.

Zimbabwe has undertaken to offset the loan using proceeds from diamond
mining ventures involving the Chinese.

The Chinese will also provide specialist manpower for the project, although
unions such as the Zimbabwe Construction and Allied Trades Workers’ Union
(ZCATWU) say even some of the general labourers are being shipped from the
Asian economic giant.


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Missing MDC 7: party petitions SADC, AU

http://www.thezimbabwean.co.uk

The MDC has once again petitioned the Attorney-General for the urgent
release of seven party activists whose whereabouts remain unknown following
their abduction in October 2008
10.08.1101:13pm
by Chief Reporter

The party fears they could have been killed, but the authorities continue to
profess ignorance about the whereabouts of the seven abductees, snatched
from their homes by gun-toting hit-squads.

The MDC says it wants to know what happened to its activists. Failure to
provide a satisfactory answer constituted a "major threat" to the
power-sharing agreement with Zanu (PF).

Three High Court rulings ordering their urgent release or the immediate
appearance in court have been defied as authorities insist the seven are not
in custody.

The MDC, through its lawyers, argues that the continued illegal detention of
the seven MDC activists is a violation of the power-sharing agreement signed
in Harare on September 15, 2008.

The party said it would also call for the intervention of SADC and the AU,
the guarantors of that agreement, to assist in securing the release of the
seven, who are now feared dead. The matter is set to be tabled at the Luanda
SADC summit next week.

Douglas Mwonzora, the MDC spokesman, said having worked with intensity in
the last months to get information on the seven's whereabouts, most party
officials were now seriously concerned about the seven MDC activists'
safety.

"We are dealing with a rogue regime that can do anything, so obviously we
are all worried about their well-being," he said.

Detention of citizens for 27 days without a court appearance is illegal,
with or without a power-sharing agreement.

Under the Security of Persons and Prevention of Violence section in the
global political agreement, all parties agreed to work together to ensure
the security of persons and property; to guarantee the safety of any
displaced persons, their safe return home and their full enjoyment of the
full protection of the law.

All parties to the agreement further agreed that it was the duty of all
political parties and individuals to respect and uphold the Constitution and
other laws of the land and to adhere to the principles of the rule of law.

"The State's failure to produce these persons in court or to release them is
a patent violation of these important undertakings and the MDC and its
lawyers have no option but to approach the guarantors of the GPA,” said
Mwonzora.

While Attorney General Johannes Tomana was not immediately available for
comment, he is quoted last week giving a description of political detainees
that perfectly fits the status of the missing seven activists.

"If one is a political detainee, they do not go to court and go through all
the necessary court procedures. They are confined and kept away from
society," Tomana said.

Justice minister Patrick Chinamasa said: "I don’t know where they are."

Missing: Abducted in 2008

Gwenzi Kahiya - 29 October - Zvimba

Ephraim Mabeka - 10 December - Gokwe,

Lovemore Machokoto - 10 December - Gokwe

Charles Muza - 10 December - Gokwe

Edmore Vangirayi -10 December – Gokwe

Graham Matehwa - 17 December - Makoni South

Peter Munyanyi - 13 December – Gutu South


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Zimbabwe Lawmakers Reject ‘Indigenization’ Regulations

http://www.voanews.com/

August 10, 2011

Peta Thornycroft | Johannesburg

Zimbabwe's President Robert Mugabe has long pushed for all foreign and
locally-owned companies to be at least 51 percent owned by black
Zimbabweans.  But legislation to advance that goal is having a hard time
getting through the country's legislature.  A multiparty legal committee has
rejected draft laws on mine ownership and is set to send other so-called
"indigenization" rules back to the drawing board.

Zimbabwe’s parliamentary legal committee has ruled that sections of new laws
on “indigenization" of the mining sector violate the constitution and has
sent them back for re-drafting.

This is the second time that the proposed laws, which have caused anxiety in
Zimbabwe’s private sector, have been found to contravene the heavily amended
constitution or other laws.

A parliamentary watchdog group, Veritas, reports the legal committee found
the draft law infringed on the constitutional guarantee of freedom of
choice, because the government sought to compel mining companies to transfer
shares to partners it specified.

It also said the committee rejected the mandatory acquisition of shares by
the state without provision for compensation.

The legal committee previously rejected the regulations for seeking to
impose a heavy fine and jail terms of up to five years on companies which
failed to submit indigenization plans on time.

The regulation was changed to say directors of companies should be liable.
But "Veritas" says this will also be rejected when it comes before the legal
committee, because office bearers can not be liable for a criminal offense
committed by their organization if it is shown they took no part in the
offense.

There are very few whites left in business in Zimbabwe and many top black
management executives objected to the vision of company ownership promoted
by President Mugabe's ZANU-PF party.

Most economists say indigenization as originally proposed would inhibit
foreign investment and domestic expansion at a time when the economy is
still suffering wounds inflicted by the economic policies of the previous
ZANU-PF administration.

About 60 percent of industries closed during the last five years of ZANU-PF
rule, which ended in February 2009 when an inclusive government was formed.

The Movement for Democratic Change party of Prime Minister Morgan Tsvangirai
narrowly won parliamentary elections in 2008.

ZANU-PF’s indigenization minister, Saviour Kasukuwere, was not available for
comment Wednesday.

Insiders from the mining sector say about 170 mining companies submitted
plans for indigenization earlier this year but that most proposed indigenous
ownership of no more than 30 percent.


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Evicted farmers, workers sue govt for $20billion

http://www.thezimbabwean.co.uk

Hundreds of farmers evicted by land invaders will sue the state for more
than $20 billion in compensation for the loss of stolen assets and earnings.
10.08.1109:41am
by Chief Reporter

Charles Taffs, president of the Commercial Farmers Union said the action
sought to cover losses experienced by farmers and their workers.

Since the Zanu (PF) sponsored land invasions began about a decade ago, many
of Zimbabwe's 4,500 white commercial farmers have been prevented from
farming, contributing to the current food crisis.

Eviction orders are still being served on the few remaining farmers –
estimated to number around 200. But many have refused to obey the orders,
although they have been forced to seek sanctuary in the urban areas.

Some170 expelled farmers have been arrested for defying the evictions and
are awaiting trial, while 30 others have been charged with defying eviction
orders.

Taffs said the organisation was working on a group action to sue for the
losses of farm owners and their employees.

"Without compensation being achieved, our country will continue to be a net
importer, it will continue to be a dumping ground for inferior products and
trade, it will continue to be donor-dependent, and, specifically for us, our
sector will continue to decline," Taffs said in a paper to the GNU.

"Until legal transfer has been achieved our farmers will never be
competitive within the region, as funding will always be risk-loaded,
driving production costs upwards, negatively impacting on viability.

"It saddens me that, while the politicians play, Zimbabweans are being
isolated in terms of business participation due mainly to our inability to
source competitive funding, allowing other countries to come in and exploit
those very opportunities. For example, we have become the largest African
supermarket for South African products. This needs to change and it needs to
change now."

Under its so-called land ‘reform’ programme, the government promised
compensation for improvements made on the farms, such as houses and water
reservoirs, but in most cases this has not been paid.


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Zanu (PF) provokes villagers

http://www.thezimbabwean.co.uk/

Villagers around Dhirihori have described as desperate and provocative a
recent party restructuring exercise by Zanu (PF) around villages where it
drafted absent people to its district executive, ward and cell structures.
10.08.1109:29am
by Jane Makoni

“Dhirihori, Masikana and Nhowe areas are MDC and it was clearly provocative
for the former ruling party to put known MDC-T activists in its structures.
Every influential MDC activist was given a party post by Zanu (PF) in
absentia. The idea behind the provocation was to victimise villagers who
would boycott future Zanu (PF) meetings. Unfortunately, the recycled and
failed strategy will not work as everybody here is staunchly MDC,” said
Nelson Ngorima, an MDC activist from the area.

Villagers here told The Zimbabwean that last week Sunday, a handful of Zanu
(PF) supporters led by District Party Chairperson, Nobert Hwenjere,
desperately struggled to set up structures by appointing leadership without
the consent of appointed people.

During the last elections, MDC-T wrestled Wards 19 and 20 from Zanu (PF). In
the presidential poll, Morgan Tsvangirai garnered his highest rural vote in
the area against President Robert Mugabe.


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Expel guilty soldiers: Amnesty

http://www.thezimbabwean.co.uk

International rights group Amnesty International has said Zimbabwe should
establish a commission of enquiry into systematic human rights violations by
security forces in the last decade and expel those found guilty to bring an
end to the practice.
10.08.1112:36pm
by Staff Reporter

In a document to the United Nations ahead of the universal periodic review
of Zimbabwe set for October 2011, Amnesty said it was deeply worried by the
lack of accountability by members of the security forces for violations
against rights defenders and President Robert Mugabe’s rivals.

Zimbabwe’s security service is the bastion of Mugabe’s power since
independence in 1980 and the army is blamed for the killing of some 20,000
people in Matabeleland and Midlands provinces after independence as Mugabe
sought to quell an armed insurgency in the western region.

Prime Minister Morgan Tsvangirai’s MDC is pushing for security sector
reforms and accuses the military of leading a violent election campaign that
returned Mugabe to power in June 2008 but left some 200 opposition members
dead.

“Members of the security forces found to be responsible for human rights
violations should be removed from their posts according to procedures which
comply with the requirements of due process,” Amnesty said.

Security service chiefs in Zimbabwe openly support Mugabe and his ZANU-PF
party and have frequently suggested that they will not allow Tsvangirai to
take power even if he again wins the next presidential election.

In 2008 Tsvangirai defeated Mugabe in the presidential vote but the result
was only announced after five weeks of delays, and the electoral commission
called for a second round of voting when the military and intelligence
services took over Mugabe’s bloody re-election campaign.

Amnesty said in its document up to 10,000 people were injured after being
tortured, beaten and some women raped.

Law and Order Section

The international rights group said it had documented many cases where
police were unable or unwilling to arrest and bring perpetrators of rights
abuses to justice.

Amnesty said the government should “particularly prioritise reform of the
Law and Order section and the anti-riot unit of the police, to ensure that
these units are not used to perpetrate human rights violations”.

Members from the police Law and Order section, previously named Special
Branch during white rule, is particularly notorious for using the repressive
Public Order and Security Act to arrest political and human rights activists
and block peaceful protests or rallies.

“Human rights defenders have been arbitrarily arrested and unlawfully
detained for prolonged periods beyond the 48 hours prescribed by law,”
Amnesty International said.

“While in police custody some of them report having been subjected to
torture, inhuman or degrading treatment. Those injured as a result of police
beatings during arrest and/or while in custody, are also denied access to
medical care.”

In 2008, intelligence agents abducted rights activist Jestina Mukoko in a
dawn raid, holding her incommunicado detention for three weeks, where she
was tortured and accused of undergoing illegal military training in
Botswana.

Several rights activists have been arrested and tortured recently.

Amnesty International said the government should provide water and
sanitation, and health and schools to victims of the government’s
controversial Operation Murambatsvina, which saw nearly 700,000 people
evicted from illegal settlements in Zimbabwe’s urban areas.

Amnesty also said UN special rapporteurs on human rights defenders and on
torture should visit Zimbabwe to get first hand information on the rights
situation in the country.


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Tsvangirai only worried about ‘salute’ from people, not generals

http://www.swradioafrica.com

By Lance Guma
10 August 2011

Prime Minister Morgan Tsvangirai is not worried whether generals in the army
salute him or not and says “the only salute he is worried about is the
salute from the people of Zimbabwe and not a few generals.”

Luke Tamborinyoka, the PM’s spokesman, told SW Radio Africa that Tsvangirai
did not attend the Defence Forces Day celebrations at the National Sports
Stadium on Tuesday to be saluted by General Constantine Chiwenga and other
generals.

“The Prime Minister went there because he wanted to attend a national event.
So whether these guys saluted him or did not salute him is not really an
issue. The greatest salute that matters as far as the Prime Minister of
Zimbabwe is concerned is the salute that the people of Zimbabwe gave him on
the 29th of March 2008.”

In March 2008 Tsvangirai and his MDC party won the harmonized parliamentary
and presidential elections. Results for the presidential poll were withheld
for weeks by an electoral commission packed with Mugabe sympathizers.

In the end doctored results were released and a run-off election called. The
same army generals then supervised a murderous retribution campaign which
forced Tsvangirai to boycott the election.
Tamborinyoka said the victory in March 2008, ‘is the salute of legitimacy.
That is what the Prime Minister is worried about. Whether a few people at a
state occasion salute him is neither here nor there.”

Tamborinyoka said the attitude of the generals reinforced their argument for
security sector reform, adding that the generals remained an obstacle to a
peaceful transfer of power.
On Tuesday Tsvangirai was pictured seated next to General Chiwenga at the
National Sports Stadium. The security chiefs who attended the event chose to
shake Tsvangirai’s hand, rather than offer a salute as protocol dictates.

 


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All top foreign company officials could face jail over indigenisation

http://www.swradioafrica.com/

By Alex Bell
10 August 2011

Proposed amendments to the controversial indigenisation laws of Zimbabwe
could see the top officials of foreign owned companies jailed for several
months, if they fail to meet the strict requirements.

ZANU PF has spearheaded the indigenisation plans, which require foreign
owned firms to cede more than half of their shareholding to local
Zimbabweans.

Under the original law, businesses were threatened with five year prison
terms or hefty financial penalties if they did not submit their plans to
indigenise, or if they undervalued their company’s worth.

A Parliamentary Legal Committee then criticised these heavy penalties which
were described as grossly disproportionate to the offences. The Committee
also said the penalties were contrary to the Constitution and described it
as “absurd” that a company, or “artificial person” be given jail time.

Indigenisation Minister Saviour Kasukuwere has since amended this by
reducing the penalties, with fines down from US$2,000 to US$100 or less, and
prison time down to 12 months or less.

But in shock move Kasukuwere has now proposed that, instead of companies,
every director, partner or board member will be liable to a
$2,000 fine or 3, 4 or 12 months’ imprisonment or both.

The Parliamentary Legal Committee is now being urged to report on the
constitutionality of the proposed amendments, as well as Kasukuwere’s
apparently unlawful role in making these changes.

 


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Zim documentation project: It's a wrap, says home affairs

http://mg.co.za

JOHANNESBURG, SOUTH AFRICA - Aug 10 2011 07:54

The Department of Home Affairs' Zimbabwe Documentation Project will hold a
two-day meeting this week with representatives from all home affairs offices
in a bid to finalise the project, the Times reported on Wednesday.

Project head Jacob Mamabolo said the meeting on Thursday and Friday would
also investigate claims by some Zimbabweans in Cape Town that records of
their applications for work and study visas had vanished.

The government launched the project in September 2009, saying many
Zimbabweans were in South Africa illegally and needed to apply for proper
documents. The department announced earlier this month that it had
adjudicated 275 762 applications, and that it wanted "normal immigration
processes" to apply by the deadline at the end of August.
However some Zimbabweans said the project was not going as smoothly as the
department reported and that they were afraid of being deported.

Mamabolo said Zimbabweans should not worry because the department had
already said that Zimbabweans would still be receiving SMSes advising them
of the outcome of their applications.

He said the department would probably make an announcement about how they
would improve the system by Monday next week. - Sapa


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GNU Begs For US$489m In Humanitarian Aid From Donors

http://www.radiovop.com

Harare, August 10, 2011 - President Robert Mugabe's Government of National
Unity (GNU) urgently requires more than US$489 million in humanitarian aid
for various programmes including health, nutrition, water and food,
according to the latest Consolidated Appeal (CAP) 2011 Mid-Year Review.

"The humanitarian situation in Zimbabwe continues to be stable, but elements
of fragility remain a cause for concern in key sectors such as food
security, health and nutrition, and water, sanitation and hygiene," the CAP
Review said.

The bi-annual Mid-Year Review is published by the United Nations (UN).

"Following analysis of the most recent needs assessments, the Mid-Year
Review identified minor increases in requirements for most clusters."

"The main increase is accounted for by an increase in requirements for the
Agriculture Cluster due primarily to availability of better data.
Requirements for Food and Water, Sanitation and Hygiene Clusters were also
increased due to projected increases in areas of coverage and more
identified needs, respectively."

The Review said revised requirements amounted to US$488 582 358, an increase
of US$73 306 618 over the original requirements.

Funding for the appeal was made under the Financial Tracking Service (FTS).

The Review pointed out that this was an 18 percent increase over the
original request by Zimbabwe.

Partners had indicated, however, that US$141 824 362 in funding had been
already received, leaving unmet requirements of US$346 757 996 and the
Consolidated Appeal (CAP) 29 percent funded.

According to the latest CAP Mid-Year Review the Agriculture Cluster
seriously needs US$25 297 088 and has already received US$10 988 311 of this
amount.

Education, one of the GNU's priority areas needs US$32 360 000 and has
already received $2 377 054, Food (US$158 630 642) and has received US$93
834 359 of the request.

Food is the most funded cluster to date due to the serious malnourishment
especially of women and children in the rural areas around Zimbabwe.

The Review said the Health Cluster needs US$28 342 152 but has already
received US$5 483 914, which is about 19 percent of its needs to-date.
It said the Nutrition Cluster, on the other hand, needs US$13 912 500 and
has already received US$1 998 322 of this amount, a 14 percent level, while
the Protection Cluster urgently needs US$41 845 000 but has already received
US$4 054 984 of this amount.

The CAP Review said, however, Zimbabwe needs a grand total of US$415 275 740
in humanitarian help.

The country has, however, only received US$141 548 526 of this amount from
various donors.
This amount represents 34 percent of its grand total needs to-date.

"Key priorities for the remainder of 2011 will be improving food security
levels; addressing the needs of asylum seekers, migrants and other
vulnerable groups that need protection; prevention of and rapid response to
disease outbreaks; and response to natural disasters,
the CAP Mid-Year Review said.

"All these activities will be undertaken while ensuring that humanitarian
and government prioroties remain complementary in all areas of
intervention."


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Zanu thug avoids justice

http://www.thezimbabwean.co.uk
 

Despite claims that the police were searching for Zanu (PF) thug, Fukurayi, who tortured a resident of Rusike, officers were allegedly seen drinking with the criminal at Zama Zama Bottle Store.

 
Musa sustained serious burns from the attack.
Musa sustained serious burns from the attack.

“Fukurai, is living at Menzisi Farming Plot near Peter House High School along Harare-Mutare Road with his father who is a plumber. He has often been seen drinking beer at Zama Zama Bottle Store in the company of police officers from Marondera. Often police officers driving a white Toyota Hiace Minibus from Mashonaland East Police Provincial Headquarters would visit and revel with Fukurai at the beer selling point. Everyone here knows Fukurai is a fugitive from justice,” said a local farm worker.

Fukurai fled from Rusike, Marondera after police wanted to interview him regarding the torture of the Rusike resident known as Musa. Police opened a docket against Fukurai RRB 66/06/11 after he forced his victim, Musa, to sit on a red hot stove plate. Musa sustained serious burns to

the buttocks.

Fukurai, who is a Zanu (PF) youth leader reportedly went into hiding. He has resurfaced at Menzisi Plot, four kilometres out of Marondera along the Harare- Mutare Road.


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Zimbabwean Churches Told to Support Ruling Party—or Else

http://www.christianitytoday.com/

Mugabe regime violently targeting wide spectrum of congregations.
George Conger | posted 8/10/2011 10:04AM

Pastors and advocates report that a new wave of persecution is washing over
the churches of Zimbabwe as the country prepares for a new round of
elections called by President Robert Mugabe and his ruling ZANU PF party.

Churches are "being targeted and harassed by security agencies and militias
which are controlled by ZANU PF," said Marlon Zakeyo, the Zimbabwe advocacy
coordinator of the World Student Christian Federation in Geneva. They are
"in need of active and practical international solidarity and prayer," he
said.

Reports from the Central African nation state that leaders of many of the
country's evangelical, Anglican, Roman Catholic, and African Independent
Churches—especially the Zion Christian Church and the VaPostori Apostolic
sects—are being pressed into service by the regime to cement its hold on
power.

While the former Anglican bishop of Harare, Nolbert Kunonga, has long used
his church to back "Zimbabwe's Moses," ZANU PF is also alleged to have made
a concerted effort to bring the Apostolic churches under its control.

Over the past two years members of the opposition party, MDC, have been
expelled from many Apostolic churches, and some pastors have reportedly been
killed for refusing to support the regime. The Zimbabwe Briefing, a South
Africa-based publication supporting Mugabe's ouster, reports that some
Apostolic leaders are telling their followers—estimated to number
approximately 1 million—that Mugabe is the Archangel Gabriel and God's
anointed ruler for Africa.

Zimbabwe Christian Alliance (ZCA) executive director Useni Sibanda has
condemned the political "invasion" of the Apostolic churches, and has urged
"church leaders to maintain their credibility by not allowing themselves to
be manipulated by politicians."

ZANU PF spokesman Gadzira Chirumhanzu said it was not possible for church
and state to live independent lives. However, he told Christianity Today the
party "does not interfere in one's beliefs; be he Christian, Muslim, Hindu,
or whatever."

"There is no way a church can divorce itself from society, politics, or
whatever," said Chirumhanzu, the party's director of Science and Technology.
"Rules and regulations governing churches, sects, you name it are
promulgated in parliament, hence I don't see how Useni wants to achieve his
organization's objective if it does not participate in politics one way or
the other."

Churches that have opposed the ZANU PF party line have met with violent
suppression. On April 20, police stormed an ecumenical prayer service held
at the Church of the Nazarene in the Harare suburb of Glen Norah. Organized
by evangelical leaders under the theme "Saving Zimbabwe, the Unfinished
Journey," the service commemorated a 2007 prayer service where police shot
and killed an opposition leader and jailed over 100 pro-democracy activists.

A video of the April incident shows that after firing tear gas into the
church, police drove the congregation from the building, beating those slow
to respond with truncheons. Nazarene Pastor Paul Mukome reported that ten
worshippers and four pastors were arrested, while the vice-chairman of the
Harare MDC was severely beaten.

A Roman Catholic priest told The Tablet, a U.K.-based Catholic publication,
that clergy were also subjected to arbitrary arrest and questioning.
"There's no freedom of speech. You preach that people are hungry and the
moment you say people are hungry those in authority feel attacked. So you
are an enemy," the unnamed priest said.

Politics was driving this issue, the current Anglican bishop of Harare, Chad
Gandiya, said. President Mugabe has "insisted on holding" elections this
year. The MDC opposes the push since the country still has not adopted a new
constitution.

The political parties were "vying for support and the church is seen as a
source" of votes, Gandiya said. "Unfortunately, those that are deemed to be
non-cooperative are then harassed. Various members of the president's party
have gone to gatherings of various churches, especially the African
Independent Churches, to try to win their support. They don't seem to have
done the same with the mainline churches. One possible reason could be that
the mainline churches would not give them the same kind of platform."

For Anglicans, the fight "in our church is political but dressed in
religious clothing," Gandiya said. "Nothing has changed. We continue to be
harassed and prevented from using our church buildings while Dr. Kunonga is
assisted by the police in his ambitious expansionist [plans]."

But in the midst of the political infighting, the churches continue to do
their "holistic ministry quietly," he said. "Our population is greatly
traumatized and in need of healing. Our people are afraid. Please pray that
our leaders take the lead in encouraging people not to engage in violence."

Paul Mukome, the Nazarene pastor, agreed that prayer is necessary—but his
prayer request differed. "The biggest message for Zimbabweans is that the
time to pray has come," he said. "We have to pray harder for our leaders so
that they know how to lead through the image of God."


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Regional leaders urged to confront human rights issues

http://www.swradioafrica.com/

By Tererai Karimakwenda
10 August, 2011

Leaders in the regional grouping SADC have been called upon to urgently deal
with the “worrying” human rights situations in several member countries, and
to strengthen the mandate of the regional tribunal in Namibia instead of
weakening it.

Writing to SADC’s executive secretary, Dr. Tomaz Salomao, the global rights
group Human Rights Watch said the leaders should address the situations in
Malawi, Swaziland, Angola and Zimbabwe, when they meet at the summit in
Luanda, Angola next week.

In the letter Human Rights Watch Africa director Daniel Bekele said: “The
SADC needs to implore its members to heed the complaints of Southern
Africans, rather than to try to silence them with bullets.” He added that
SADC should protect people’s rights to gather and to speak their minds in
order to “promote good governance and development”.

Human Rights Watch researcher Tiseke Kasambala told SW Radio Africa that
they have identified a backwards trend in respect to human rights in the
region and the leaders need to address these issues.

“Southern African countries are all interlinked. What happens in one country
has the potential to affect a significant part of the region,” Kasambala
added.

With elections expected in Zimbabwe and Angola in 2012, she urged SADC
leaders to begin now to mobilize resources to monitor them, in order to
ensure that the polls are conducted along regional guidelines.

“In terms of Angola and Zimbabwe the environment is not conducive to holding
credible elections. Unless there are significant improvements in freedoms of
expression, assembly and media freedoms and an end to violence in Zimbabwe,
they will not be free or fair,” Kasambala explained.

Regarding politically motivated violence in Zimbabwe, Kasambala said there
is documented evidence that it is “overwhelmingly” perpetrated by ZANU PF
against members and officials of the MDC formations.

“We think it is important that SADC is aware of this, especially since
President Zuma is the lead mediator,” the researcher explained, adding that
Zuma’s engagement to date has been positive and “quite robust.”

Regarding the regional tribunal Kasambala said: “It is important for the
leaders to strengthen the work of this very important body and not actually
weaken it.” The regional court in Namibia was suspended by SADC leaders
after landmark rulings against the Mugabe regime’s violent farm invasions.

The letter by Human Rights Watch to SADC leaders comes just days after
Moeletsi Mbeki, brother to former South African President Thabo Mbeki,
blasted the regional leaders for failing to effectively deal with Robert
Mugabe since 2000.

According to the NewsDay newspaper, Mbeki made the comments at a SADC
Council of NGO’s conference in Johannesburg on Sunday. The outspoken
activist reportedly said Zimbabwe was SADC’s single biggest challenge and it
had failed completely to deal with Mugabe.


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Heroes Day Woes For MDC Supporters

http://www.radiovop.com

Masvingo, August 10, 2011-Six Morgan Tsvangirai led Movement for Democratic
Change youths were brutalised by Zanu (PF) supporters suspected to be war
veterans while two female supporters were stripped naked for allegedly
wearing their party regalia at Heroes day celebrations at Bhasera business
centre on Monday.

Villagers and shoppers at the business centre were left shell shocked after
the two ladies, Grace Mtungwa and Lillian Gwangudza were left in total
nudeness after their MDC clothes were torn to pieces by the war veterans who
accused them of putting on regalia from sell outs and puppets as districts
celebrations were being held.

The other youths who were assaulted said they sustained serious injuries
from the beatings and were accused of defying a long time order not to wear
MDC regalia in their district by the boisterous war
veterans led by Cde Admire Mufara.

“We were approached by a group of war veterans led by Mufara who led the
2008 violence here and accused us of defying their order. He accused us
undermining and showing disrespect to war
veterans who died in the liberation struggle by wearing MDC T/shirts on the
day their lives was being commemorated”.
“They beat us up very hard we sustained injuries some were even referred to
Masvingo General Hospital but they couldn’t go there because of cash
constraints,” said Taurai Makonese one of the victims.

The other youths who were assaulted are Tangai Makamure, Joseph Nyemba, Mike
Madambi, Jotam Masiyambiri and Trouble Matambura.

MDC Gutu east constituency, Youth Chairman, Tichivangani Gonese condemned
the assaults.

“We totally condemn the beating of our youths by Zanu (PF) war veterans for
wearing their party regalia. This shows that Zanu (PF) has a history of
violence. But we want to warn them that if they continue to beat our youths
we will mobilise and fight back to defend our selves, we will not continue
to fold our hands and watch them beat us,” said Gonese.

MDC supporters in Gutu were also chased from the Heroes celebrations by the
war veterans who labeled them sell-outs. Gonese said although their youths
reported the case to the police no arrests has been made and Police
spokesperson here, Inspector Tinaye Matake declined to comment.


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Chitungwiza town clerk’s allowance case turns dirty

http://www.dailynews.co.zw

By Xolisani Ncube, Staff Writer
Wednesday, 10 August 2011 16:31

HARARE - The case in which Chitungwiza town clerk Godfrey Tanyanyiwa is
seeking to have a controversial council resolution which gives him and his
top management further personal allowances other than those approved by the
government has turned dirty.

Tanyanyiwa is now accusing councillor Jacob Rukweza who opposed the proposed
allowances of being absent from council business without official leave.

The resolution which Tanyanyiwa is seeking to push through council, entitles
him to a 24-hour security guard, a gym allowance, housemaid, gardener and
sports club allowances among many other packages.

Rukweza has however objected to the introduction of the new perks other than
those approved by the government.

He has since written to the Minister of Local Government, Rural and Urban
Development, Ignatius Chombo seeking to reverse the council resolution.

The government only approved housing, fuel, vehicle, cellphone and
entertainment allowances.

In his response to Rukweza’s letter of objection, Tanyanyiwa, wrote to
Chombo alleging that the councillor for Ward 17 in Chitungwiza was absent
from duty for several months without official leave.

Tanyanyiwa said Rukweza was voicing concern against the resolution although
he had flouted council rules.

“Let me point out that there was a period from July 2008 to January 2010
wherein you failed to discharge your duties in consistence and to
expectations as a councillor owing to your personal engagements outside the
country wherein you had taken up employment with Swazi Times of Swaziland,”
reads part of Tanyanyiwa’s letter.

“Your systematic pattern of non-attendance to committee and council meetings
was picked up by the Erica Jones Commission of inquiry and their findings
were forwarded to the minister and council still awaits the minister’s
direction on matter.”

But Rukweza has since denied the allegations levelled against him saying he
was not in Swaziland but in South Africa for medical reasons.

“I am shocked at why you decided to include such foolish lies and malicious
falsehood in an official letter to me."

“My passport which I have used since 2005 can easily show that I have been
to many countries in Africa, but have never visited let alone worked in
Swaziland,” said Rukweza in his letter."

According to the Jones inquiry report, which also recommended the dismissal
of  councillor Tineyi Kanyama, Rukweza’s issue should be investigated and
properly dealt with.

“Councillor Rukweza’s absence should be investigated and properly dealt
 with” reads the report.

Rukweza claims that the matter was finalised by council and he was
reprimanded by the mayor.

“I was dully cautioned by the mayor for not informing council on time. All
this is on record,” said Rukweza.


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Speaker backs Gukurahundi probe

http://www.dailynews.co.zw

By Pindai Dube
Wednesday, 10 August 2011 16:26

HARARE - Speaker of Parliament, Lovemore Moyo says he backs a motion by the
mainstream MDC parliamentarians for the setting up of a special committee to
look into the 1980s Gukurahundi massacres.

Last week a parliamentary debate on national healing sent emotions running
high when MDC parliamentarians brought the Gukurahundi issue up for debate.

MDC MP for Hurungwe East Severino Tall Chambati moved a motion for
Parliament to appoint a special Parliamentary Committee that will work with
experts in crafting and defining measures and policies dealing with issues
of transitional justice and national healing related to the massacres which
took place in the early 1980s, a period now generally referred to as a
“moment of madness”.

The motion was seconded by MDC Matobo South MP Gabriel Ndebele.

The parliamentarians want a report of the envisaged committee to be brought
to the attention of the three political parties in the coalition government
and to the executive arm of the government as a way of putting the matter to
rest.

In an interview with the Daily News recently, Moyo said the issue of
Gukurahundi is on the bottom of his heart and he fully backs the setting up
of a new committee to deal with the massacres.

“This issue really touches my heart, and MPs who move this motion will have
my full support. We want proper investigations on Gukurahundi, we want to
know who killed people during this period and also why people were killed."

“The results of this committee will be made public unlike previous
investigations where results are still not known up to now,” said Moyo.

In January 1984, the Simplicius Chihambakwe Commission of Inquiry was tasked
to investigate the Gukurahundi atrocities, but its findings were never made
public after the Zanu PF government blocked it.

Moyo who is also the MDC chairman said “there is no other way the issue of
Gukurahundi can be closed without perpetrators admitting and apologising to
the victims.”

The Gukurahundi issue is already reported to have split Cabinet along party
lines after the arrest of Co-National Healing, Minister Moses Mzila-Ndlovu
for holding a memorial service for the massacre victims in April in Lupane.

Prime Minister Morgan Tsvangirai’s MDC has repeatedly called for the
establishment of a Truth and  Reconciliation Commission (TRC) over the
massacres.

President Robert Mugabe has refused to apologise for the killings although
the Zimbabwean leader has called the crackdown a “moment of madness.”

Tsvangirai recently said his hands are clean on Gukurahundi and challenged
Mugabe to also come out in public and say the same.

During the Gukurahundi massacres in the 1980s more than 20 000 civilians
were killed while others disappeared.

Some were buried alive while others had parts of their bodies sliced.


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Many Zimbabweans in Drought-Hit Regions Surviving on One Meal A Day

http://www.voanews.com/

09 August 2011

Villagers and officials said Harare and donors must launch food distribution
throughout the Matabeleland region and parts of Masvingo, Midlands and
Manicaland provinces where the situation has become desperate

Gibbs Dube | Washington

Villagers and political leaders in five Zimbabwean provinces devastated by
drought say many are living on one meal a day due to poor harvests in the
last growing season for maize, the ground meal of which is a staple food for
most Zimbabweans.

They said government and donor agencies need to launch food distribution in
most parts of the western Matabeleland region and parts of Masvingo,
Midlands and Manicaland provinces where the situation has become desperate.

Sources said hunger is widespread in parts of Matabeleland North and South,
Midlands, Masvingo and Manicaland provinces.

Midlanders said they hope the government will take action following a recent
assessment of the food security situation in the region by Prime Minister
Morgan Tsvangirai.

Villager Sikholiwe Ndebele of Sidingunana, Insiza district, Matabeleland
North province, said some residents are surviving by selling thatching
grass, others by begging.

In Midlands, Lower Gweru villager Obert Ncube said donor agencies must act
urgently to avert starvation in parts of the province. “We have people here
being supported by their children who are employed in various nations, a few
getting little food handouts from donor agencies and the majority struggling
to have a meal a day,” Ncube said.

Lawmaker Thandeko Zinti Mnkandla said villagers may start to die in some
parts of Matabeleland South if the authorities do not take action.

“We are soon going to have some deaths occurring as we are reaching hunger
levels almost similar to the famine [in]the Horn of Africa, though on a
lesser scale," he said.


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Global: Human Rights Watch Honors 7 Activists

http://www.hrw.org/

Extract:

Defenders to Receive the 2011 Alison Des Forges Award
August 9, 2011

From the centers of the Arab Spring to many other places where people who
speak out are under threat, each of these defenders has shown incredible
courage and persistence on behalf of others. We honor their strength and
efforts, and hope that this award will increase international recognition of
the abusive conditions they are trying to change.
Kenneth Roth, executive director

(New York) – Seven courageous and tireless advocates for human rights will
be honored in November 2011 with the prestigious Alison Des Forges Award for
Extraordinary Activism, Human Rights Watch said today. These activists from
Egypt, Indonesia, Iran, Mexico, Russia, Tunisia, and Zimbabwe work to create
a world in which people live free of violence, discrimination, and
oppression

The award is named after Dr. Alison Des Forges, senior adviser to Human
Rights Watch's Africa division for almost two decades, who died in a plane
crash in New York on February 12, 2009. Des Forges was the world's leading
expert on Rwanda, the 1994 genocide, and its aftermath. Human Rights Watch's
annual award honors her outstanding commitment to, and defense of, human
rights. It celebrates the valor of people who put their lives on the line to
protect the dignity and rights of others.

“From the centers of the Arab Spring to many other places where people who
speak out are under threat, each of these defenders has shown incredible
courage and persistence on behalf of others,” said Kenneth Roth, executive
director of Human Rights Watch. “We honor their strength and efforts, and
hope that this award will increase international recognition of the abusive
conditions they are trying to change.”

The recipients of Human Rights Watch's 2011 Alison Des Forges Award for
Extraordinary Activism are:

Farai Maguwu, director of the Center for Research and Development in eastern
Zimbabwe and a leading voice against the abuses taking place in the Marange
diamond fields;

As director of Zimbabwe’s Center for Research and Development, Farai Maguwu
has conducted extensive research documenting horrific abuses taking place in
the Marange diamond fields. After Maguwu met with a monitor from the
Kimberley Process Certification Scheme (the world’s diamond control body) in
May 2010 to discuss the abuses he uncovered in Marange, he was arrested,
imprisoned, and tortured on charges of providing false information. Human
Rights Watch honors Maguwu for his tremendous courage in working to end the
rampant violations of human rights throughout the region.


Hossam Bahgat, executive director of the Egyptian Initiative for Personal
Rights and a prominent voice both before and since the January 2011 uprising
in Egypt. Follow Hossam on Twitter: @hossambahgat ;

Sihem Bensedrine, a Tunisian journalist and activist who heads the Arab
Working Group for Media Monitoring and serves as a spokesperson for the
National Council for Liberties in Tunisia;

Anis Hidayah, executive director of Migrant Care, a leading Indonesian
organization working to protect the rights of millions of migrant workers;

Elena Milashina, an investigative journalist for Russia's leading
independent newspaper, Novaya Gazeta;

Consuelo Morales, director of Citizens in Support of Human Rights, based in
Monterrey, which brings abuses in Mexico’s “war on drugs” to light. Follow
on Twitter: @cadhac; and

Sussan Tahmasebi,a civil and women's rights activist from Iran and founding
member of the One Million Signatures Campaign to support women’s rights.


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State journos fear news clampdown

http://www.thezimbabwean.co.uk

Suspected Central Intelligence Organisation elements in the Department of
Immigration raided the offices of the state-controlled New Ziana news agency
last week demanding to take away the writer of a story they felt was
offensive.
10.08.1102:29pm
by John Chimunhu

Sources at the agency's headquarters at Mass Media House said the
'immigration officers' approached several staff members asking who had
written a story claiming that smuggling was rife at Harare airport.

The airport is the usual entry point for goods smuggled into the country by
members of President Robert Mugabe's huge entourages. Mugabe himself is
known to enjoy duty-free access on all goods - but the facility has for
years been abused by senior intelligence and military officers who travel
with him.

Eventually, the Ziana sources said, the officers were referred to the
agency's editor, Rangarirai Shoko. Shoko was summoned for a meeting with
senior immigration officials, where he was ordered to stop publishing
stories about smuggling. Immigration officials also demanded a retraction,
which they got.

Sources said journalists at the agency, who have felt protected by state
agents so far, were terrified by the incident, as the 'immigration officers'
threatened to deal individually with state journalists who published
corruption stories involving senior government officials.

Mugabe has directed the police, for example, not to investigate any cases
involving senior Zanu (PF) officials without express authority from his
office.

New Ziana is supposed to operate independently under the re-constituted Mass
Media Trust which has, so far, failed to take off. The agency, which won
international awards in the 1980s, is now a department in Mugabe's office,
13th in order of priority and used as a dumping ground for soldiers and
other well-connected characters.

Despite provisions in the Global Political Agreement for formerly
government-controlled entities to operate freely, Zanu (PF) continues to
exert massive control over the media and the security forces in particular.


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Stealing MPs should be arrested

http://www.thezimbabwean.co.uk

Union leaders and civil rights activists have called for the arrest of MPs
from across the political divide who abused the Constituency Development
Funds.
10.08.1101:53pm
by Fungai Kwaramba Harare

Through the Ministry of Constitutional Affairs, all MPs were given $50,000
each to carry out development projects in their respective communities. Only
60 MPs have been able to account for the funds amid reports that some
diverted the money into their pockets, bought luxury cars and even married
new wives.

The Minister of Constitutional Affairs, Eric Matinenga, said recently that
only the 60 who accounted for the money would be given the next batch of
cash. He did not say what would happen to those who cannot account for the
funds.

Zimbabweans are outraged.

“The government must set up a taskforce to arrest those who abused the
funds. Any MP who took the money and misused it is not fit for office and
should be removed from contesting in the next elections,” said Raymond
Majongwe, Secretary General of the Progress Teachers Union of Zimbabwe.

Simple mathematics show that the nation has lost over $5 million intended
for developmental projects. But neither the police nor the Anti-corruption
commission has investigated the abuse.

Pedzisai Ruhanya, a social commentator, said the two MDC formations should
lead by example and punish the MPs, including several ministers, who abused
the trust.

“If the MPs are from the two MDCs then they should be send to a political
Siberia. They should be arrested and when elections come they should not be
allowed to stand as they are not fit for office,” he said.

Zimbabwe Union of Journalists Secretary General Foster Dongozi said the
abuse of funds was a reflection of the calibre of MPs that are in the
country.

“They obviously got into politics to enrich themselves and not to represent
the people. It’s a reflection of the calibre of our MPs – accountability is
not a key issue. It is also a reflection of the economic environment where
weak-minded MPs are likely to be tempted to abuse public funds because they
are poor,” said Dongozi.


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SADC: Confront Region’s Urgent Rights Issues


Concerns Over Malawi, Swaziland, Zimbabwe, Angola, Status of Tribunal

(Johannesburg, August 9, 2011) – Leaders of the Southern African Development
Community (SADC) should address the worrying human rights situations in
Malawi, Zimbabwe, Swaziland, and Angola, Human Rights Watch said in a letter
today to Dr. Tomaz Salomao, the executive secretary. Human Rights Watch also
urged SADC leaders, at their meeting in Luanda, Angola from August 16 to 18,
2011, to promote and strengthen the human rights mandate of the regional
tribunal, rather than weaken it.

Human Rights Watch urged SADC leaders to call for an independent,
transparent investigation into the killings and use of excessive force in
Malawi. On July 20, security forces there fired live ammunition at mainly
peaceful demonstrators protesting worsening economic and human rights
conditions. Nineteen people were killed. Human Rights Watch also called for
a review of the human rights situation in Swaziland, where authorities have
similarly used repressive tactics to clamp down on political activism.

“The SADC needs to implore its members to heed the complaints of Southern
Africans, rather than to try to silence them with bullets,” said Daniel
Bekele, Africa director at Human Rights Watch. “To promote good governance
and development, the SADC should protect people’s right to gather and to
speak their minds.”

Human Rights Watch also called on SADC leaders to press both Zimbabwe and
Angola to improve human rights conditions in advance of possible elections
in both countries in 2012. Since January 2011, throughout Zimbabwe, Human
Rights Watch has documented numerous incidents of politically motivated
violence by the dominant party, the Zimbabwe African National Union –
Patriotic Front (ZANU-PF), and its allies against real or perceived
supporters of its governing partner, the Movement for Democratic Change
(MDC). ZANU-PF-controlled police have arbitrarily arrested scores of civil
society activists and routinely threatened and harassed MDC members and
supporters.

In Angola, the authorities restrict freedom of expression and peaceful
assembly, as well as media freedoms, despite a new 2010 constitution that
guarantees these rights.

“The SADC should be mobilizing now to ensure that resources are available
for the long-term monitoring of elections in Angola and Zimbabwe,” Bekele
said. “The potential for abuse – before, during, and after the elections –
is very real.”

Human Rights Watch also expressed concern about attempts by the regional
body to weaken the human rights mandate of the SADC tribunal, which has made
a number of landmark judgments against the government of Zimbabwe on farm
seizure cases. The SADC has extended a review of the tribunal’s record, has
failed to renew terms for its judges, and has placed a moratorium on hearing
new cases. The SADC came under pressure from the government of Zimbabwe to
review the mandate of the tribunal following its rulings in favor of farmers
who lost their farms as a result of the government of Zimbabwe’s land
seizures.

“The SADC tribunal is an important institution for the protection and
promotion of human rights,” Bekele said. “To promote the rule of law, SADC
leaders should strengthen this body, not undermine it.”

For more Human Rights Watch reporting on Africa, please visit:
http://www.hrw.org/africa


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Import duty ill-timed

http://www.dailynews.co.zw

By Staff Reporter
Wednesday, 10 August 2011 16:35

HARARE - Long queues of holiday shoppers snake around the Beitbridge Border
post. Most of the people in the queue are women who are hoping to cross into
South Africa to do their shopping for merchandise they intend to resell back
home.

This has been their life over the past decade and their business has been
thriving since the removal of duty on basic commodities.

But an announcement by the Minister of Finance Tendai Biti taxing some of
the basic commodities has hit the struggling women where it hurts most.

Abigail Chisvo, a cross border trader who has been travelling to Mussina
every fortnight for the past five years to buy merchandise for resale was
left shattered on Monday afternoon when she was asked to pay 80 rands a
blanket in duty costs. She had bought 20 blankets for resell.

“I didn’t know that I have to pay duty for blankets.

“I was surprised when a Zimbabwe Revenue Authority (Zimra) officer asked me
to pay 1 600 rands for the blankets, I have no option but to leave them here
until I get the money,” said a worried Chisvo.

Biti announced in his mid-term budget statement that the government would
re-introduce import duty to protect local industry from cheap imports.

Justifying his position he said the move was necessitated by the gradual
improvement in the supply of locally made goods.

Organisations such as the Affirmative Action Group (AAG) have in the past
pressured Biti to ban the importation of basic commodities saying they were
killing the local industry.

Most of the country’s supermarkets are fully stocked with foreign
merchandise from countries such as Botswana, South Africa and Namibia.

For the past decade, the country has solely survived on imports from food
stuffs to beer.

Import duty on basic commodities such as maize meal and cooking oil took
effect at the beginning of this month while that of other food stuffs such
as potatoes, baked beans and mixed fruit jam will take effect at the
beginning of next month.

The proposed duty will range between 10 percent and 25 percent. Duty on
salt, rice and flour will remain suspended until end of this year.

Coupled with these new measures, Zimra also introduced a 40 percent import
duty on electronic goods such as fridges and stoves, as well as other
commodities like blankets and footwear.

Zimra says people are still allowed to bring in $300 worth of duty free
goods per month, excluding the specified goods.

The re-introduction of duty has seen the resurfacing of long queues at the
border in scenes reminiscent of the year 2008 when the country virtually
came to a standstill with food shortages.

Previously, delays were the order of the day on the South African side of
the border but now the Zimbabwean side is clogged.

Several Beitbridge transporters say their business has also been hit by the
new measures.

They say where they used to do seven trips a day they will be lucky to do
two nowadays because of the delays at the border as well as the amount of
goods that people can now buy.

“The duty issue has affected our business. At least today I can do two trips
because there are a lot of people travelling but during the week I sometimes
park my car and do other things,” said Sebastian Mlilo, a Beitbridge-based
cross border transporter adding that before the introduction of the duty he
used to make about 1200 rands a day transporting people between Dulibadzimu
bus terminus and Mussina town.

Critics say the move by the Minister of Finance will result in food
shortages.

They say the decision to re-introduce duty on food commodities was premature
because the country’s industry is not yet fully functional and will need
years to recover. Others say the move will lead to price increases.

But for economic analyst, John Robertson, the jury is not yet out on the
issue.

“The question is how you start such a process. There is still uncertainty
over the effect of the new law although it could have been introduced better
with sufficient prior notice not so sudden as it was done,” said Robertson
adding that it is now up to the local manufacturers to prove that with the
right orders they can produce sufficiently.

“The local manufacturers need to get the right orders for them to source the
required materials to produce and build capacity. For now the consumer will
be hit hard for some months until the local manufacturers start stoking up
goods and bring down prices.”

Roberston added that the local industry will also need vital and timely
support from local farmers to get the inputs needed to manufacture goods but
the sector remains very much below par.


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Makandiwa turns down Zanu PF

http://www.dailynews.co.zw

By Xolisani Ncube and Nkululeko Sibanda
Wednesday, 10 August 2011 15:14

HARARE - Popular preacher Prophet Emmanuel Makandiwa has turned down
underhand efforts by some top Zanu PF officials to lure him into President
Robert Mugabe’s propaganda machinery despite being promised farms, cars,
houses and other luxuries.

In refusing to join Zanu PF, Makandiwa is reportedly arguing that as a “man
of God”, he serves all people.

Zanu PF has of late been on a crusade taking advantage of gullible “men of
the cloth”, using them to play campaign roles for the party whose support
continues to wane to general mismanagement of the economy, corruption, human
rights abuses and a refusal to change leadership.

Aides to the hugely popular Makandiwa revealed to the Daily News at the
weekend that top Zanu PF officials and cabinet ministers had now become
regular visitors to Makandiwa’s house and offices all in an attempt to
sweet-talk him into campaigning for Mugabe and Zanu PF.

But Makandiwa, who is believed to be in the United States has reportedly
refused even to meet them telling aides that his followers are from all
political parties.

Reports indicated last week that Makandiwa had fled the country due to a
number of questionable deals including his spiritual airtime deal but church
members insist he will be back in the next two weeks.

Zanu PF is said to be desperate for support and they believe if Makandiwa
was to endorse Mugabe, he would improve his support base for the next
elections whose date remains unannounced.

Zanu PF officials yesterday strenuously denied approaching Makandiwa to
force him to join their floundering train although they managed to use him
for the opening prayer when they launched the largely discredited
“anti-sanctions” petition in March this year.

At one point under pressure from Zanu PF, Makandiwa was said to have almost
relented but fellow pastors even from different churches are said to have
advised him against it.

Some of the pastors even wrote “dossiers” of advice to Makandiwa to warn him
against supporting any particular political party.

The Daily News is in possession of one of the dossiers.

Despite the denials by Zanu PF, the Makandiwa aides maintain that some of
them approached the United Families International (UFI) church leader
claiming they had been sent by Mugabe to lure him to the former ruling
party.

“There are some politicians and parliamentarians who have been visiting the
“man of God” at home and in the office with gifts and offers to “buy many
things” so that they lure him to join their party.

“He will speak to the Daily News about all these issues when he comes back
but Zanu PF seems desperate to lure him. It has been a battle turning them
away. The Man of God (Makandiwa) has refused to even meet them saying if
they want any favours, they have to first attend his church like everyone
else. He does not want to be used by Zanu PF or any other party,” said one
of Makandiwa’s aides.

According to the aides, some Zanu PF officials who lost the recent round of
elections in 2008 as well as some who were thrown into the political
dustbins in the 2000 and 2005 general elections, and some who have never
seen the Parliament door, although they aspire to be in the August house,
were now Makandiwa’s regular visitors at his services.

Some are said to be spending time waiting to see him at his office but with
no success.

“His policy is simple. They should become UFI members first. This, however,
does not guarantee them that he will campaign for them. He can only
accommodate them,” said the source. But questions have been asked why
Makandiwa agreed to bless the Zanu PF anti-sanctions rally.

A friend of Makandiwa who is also a pastor, Bishop Albert Chikuni defended
him and said: “There was nothing wrong for the prophet to “bless” the event
as he was doing so in good faith and submitting himself to the rulers of the
world.

“This man of God has been elevated from ministering to obscure men but now
has access to minister to people of influence which is an opportunity
desired by every cleric,” said Chikuni.

Added Chikuni: “Most business owners have also found a fortune in Makandiwa’s
huge gatherings, for your quick references ask taxi drivers and kombi
drivers only to mention a few,” said Chikuni.

Zanu PF spokesperson, Rugare Gumbo told The Daily News that Makandiwa could
“join the party as an individual like any other individuals if interested.”

He said the party did not particularise on Makandiwa but would work with him
like other churches who campaigning for Zanu PF.

“Why particularise on Makandiwa when we have other churches that we have
been working with like apostolic sects,” he said. “The position of the party
is that we will work with everyone who supports us,” added Gumbo.

They young and prosperous “miracle” worker has been making headlines since
his controversial departure from his former church, the Apostolic Faith
Mission (AFM) where he was a pastor at Hebron ministries in Chitungwiza to
lead UFI.

He made headlines recently when he launched his spiritual airtime cards.

The cards are sold at $3 while they fetch as much as $6 in the United
Kingdom and the United States of America (USA).

However, the launch of the cards has landed Makandiwa and his UFI church in
hot soup after the Post and Telecommunications Regulatory Authority of
Zimbabwe (POTRAZ) started probing how his spiritual airtime cards was
operating. POTRAZ insists that Makandiwa will “face the music” if found
liable.

There is suspicion that this service was illegally riding on officially
registered networks, NetOne, Econet, and Telecel platforms. The spiritual
airtime cards launch has also seen Makandiwa being dragged to court by a
Harare man who claims the idea was stolen from him.

Pascal Nyasha, who dragged Makandiwa to the High Court seeking an interdict
barring him from selling the airtime until the matter is resolved, told High
Court Judge, Tedious Karwi last week that Makandiwa reneged on an initial
agreement the two had made to work together in the launch of the service.

Karwi ruled that the matter was not urgent bringing relief to Makandiwa who
can continue selling his airtime for now.


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Outrage: in the name of the people

http://www.thezimbabwean.co.uk/

"Put people first," has probably been the most invidious deceit in Zimbabwe
since Zanu (PF) came to power. The party has regularly invoked the "people"
each time it has seen fit to embark on an outrage in pursuit of its endless
self-interest. All manner of cruelty, calumny and kleptomania have been
committed in the name of the people.
10.08.1101:45pm
by Chief Reporter

President Robert Mugabe refused to hand over power following his crushing
2008 defeat - ostensibly because the people would not allow it.

Now once again, the army generals claim “the people” will not allow them to
salute anyone without liberation war credentials – an obvious reference to
MDC leader Morgan Tsvangirai.

Even in the economic realm, the previous Zanu (PF) government opted for a
command economy and, in the process, dragged the country along a path that
led to economic ruin for the majority and obscene wealth for those in power.

Even when everyone else, including the Russians, abandoned that ideology,
Mugabe was busy declaring himself the “most faithful disciple" of
Marxist-Leninist philosophy.

It was only when the government realised it was heading for a balance of
payments cul-de-sac that it abandoned its command economy in favour of trade
liberalisation.

But nothing has ever ­ and probably never will ­ exposed Zanu (PF)’s deceit
as clearly as its current battle cry: "People first".

Those Zimbabweans who support other parties have been branded "traitors" –
they are no longer people.

In the name of “the people” Zanu (PF) has destroyed agriculture and, in the
process, is starving the very people it purports to be putting first.

It has almost totally destroyed the mining, manufacturing and tourism
industries.

Currently it is pushing an indigenisation law that economists have already
warned will spook investors and send the economy reeling.

The direct effect of that will be record high unemployment and abject
poverty.

The party routinely offers the hordes of jobless youths unlimited alcohol
and niggardly stipends in exchange for terrorising their parents and other
elders - whose consciences will not allow them to support Zanu (PF)’s insane
policies.

Recent laws and other arbitrary injunctions made possible by the use of the
Presidential Powers Act have had the effect of making ours a society where
there is no freedom, no justice, no equality before the law and where only
supporters of Zanu (PF) are safe, says Vote Moyo, a political and social
commentator.

"Zanu (PF) says that the MDC is hell-bent on reversing the gains of our
hard-won independence. But the truth is that what the ruling party has been
doing is what has reversed all the gains of our independence. The President
is even trying to kill democracy by blocking all democratic processes using
his special powers, proved time and again to be ultra vires the
Constitution," said Moyo.


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News releases from Restoration of Human Rights in Zimbabwe – 10th August 2011

FROM THE ZIMBABWE VIGIL

 

News releases from our sister organisation Restoration of Human Rights in Zimbabwe – 10th August 2011

 

1.    ROHR Zimbabwe attends SADC CNGO Forum meetings in South Africa.

This week, ROHR Zimbabwe joined other progressive organizations within the region at the 7th Annual Southern Africa Civil Society Forum Meeting and the SADC CNGO (Council of Non-Governmental Organisations) roundtable meeting in Johannesburg South Africa. The high level yet grounded and interactive multi-stakeholder policy dialogue was entitled ‘SADC Governance and accountability - Taking stock’.

 

The Forum attracted civil society leaders from all countries to discuss the civil society positions and proposals for consideration by the SADC Heads of States Summit ahead of the 2011 Ordinary Heads of States Summit which will be held in mid-August in Luanda, Angola.

 

The dialogues were aimed at achieving the following objectives:

1)     To bring diverse views for critical engagement with  development challenges facing the SADC region and the continent at large;

2)     To create space for collective and in depth examination of regional, continental and global policies, processes and institutions and their effectiveness and impact on the citizens of the SADC region;

3)     To create a platform for broad based generation of ideas and regional policy proposals as a contribution of non-state actors to addressing the development challenges in the region.

 

The dialogue, pitched at the highest possible level, drew participants from accomplished civil society activists, independent analysts, former and current senior government officials, members of SADC Secretariat and of the United Nations, scholars, media, private sector and international cooperating partners.

 

ROHR Zimbabwe Executive Director Mr. Tichanzii Gandanga praised the forum for coming at a crucial time ahead of the SADC summit in Angola and said

 

“The Forum provided civil society within the region the opportunity to formulate the basis of engagement with SADC leaders in Angola, as well as to brainstorm and share views, ideas and notes on human rights and democratization issues within the region”

 

Speaking from Johannesburg ROHR South African Chapter Coordinator Mr. Reason Machengere said, “The discussions were fruitful and focused on issues bedeviling the region as well the ways to mitigate them”

 

The 7th Annual Southern Africa Civil Society Forum Meeting Highlights in brief:

·         Malawi joins Zimbabwe, DRC, Madagascar and Swaziland as hot spots in SADC.

·         Issue of free movement within SADC

·         Lack of cohesive regional development strategies

·         Challenging SADC Heads of State on the suspension of the SADC tribunal among others

 

ROHR Zimbabwe will publicize the full resolutions when they are finalised by the Forum.

 

www.rohrzimbabwe.org, rohrzimbabwe@gmail.com

For Peace, Justice and Freedom

 

 

2.    ROHR South Africa for a robust ROHR Zimbabwe, condemns destabilization agenda by the Zvorwadza Clique

 

ROHR South Africa would like to respond to recent public notices inserted by and bearing the signatures of Stendrick Zvorwadza and Grace Mupfurutsa masquerading as ROHR Zimbabwe.  ROHR South Africa Chapter wishes to distance itself  from this group and wishes to notify the media, partners, civic society and members of the public that the aforementioned people have nothing to do with ROHR Zimbabwe, can never speak, act or contract on behalf of ROHR.

 

The position is: Stendrick Zvorwadza, Ronald Mureverwi and Edgar Chikuvire were expelled from ROHR Zimbabwe for violating its constitution and founding principles. Grace Mupfurutsa who claims to be a board member of ROHR is an alien who wants to gate crash the organization through the trio’s machinations.

 

In an attempt to hijack ROHR Zimbabwe the group has been spewing malicious, misleading and extremely defamatory public notices and press releases. Our membership takes exception to such mischief. As a human rights organization, we encourage everyone to resort to the rule law and legal due process. We encourage law abiding citizenship, respect to our organization, its membership, and secretariat.

 

The ROHR South Africa Chapter through its Chairman Mr. Reason Machengere continues to rally behind ROHR Zimbabwe as led by its founding President and Board Chairperson Ephraim Tapa and Executive Director Tichanzii Gandanga, its secretariat and membership.

 

We remain true and steadfast to ROHR Zimbabwe’s founding principles and vision to lobby to fight for the entrenchment of human rights in support of the broader democratisation process in Zimbabwe.  Any attempts at subversion through the hijacking of the organisation will be strongly resisted.

 

Thank you

 

Reason Machengere

ROHR South Africa Chairperson

Phone +27837419076

 

 

Zimbabwe Vigil Co-ordinators

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk

 

 

 


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Eddie Cross: Marvelous Zimbabwe

http://www.swradioafrica.com

Marvelous Zimbabwe

For all our troubles this is a great place to live and raise children. I was
attending a birthday party for my grandson who has just turned 8, he had
invited 29 little boys of his own age (no girls) and they had a “Pirate
Party” organized by my daughter. Those boys had a great evening and some
stayed over to sleep in tents on the lawn.

One of the parents, sitting on the stoep coined the phrase “marvelous
Zimbabwe” as it was a beautiful evening, blue skies, about 25 c and no
humidity. Nearby the national cricket team was busy beating Bangladesh in a
5 days test at the Harare Sports Club – a great Dutch style complex of green
grass and bars in the center of town, next to the magnificent Royal Harare
Golf Course. I recalled meeting a businessman in London who said to me (we
had just won the ICC Trophy) “there is nothing wrong with a country that can
play first class cricket!” In a way he had a point.

My one nephew is coaching the Zimbabwe team, another is coaching the English
team and he has transformed that team since he took charge. My grandson
attends a local private school where for $4000 a year he is getting a
world-class education without government subsidy. Our private schools are
really first class, somehow the kids come out of those schools well rounded,
achievers and hard working.

At Independence people who were leaving the country said to me that their
great fears were health and education – I said that if that was the case, we
should stay and make sure that our needs were met in both areas through
private enterprise. The private schools that have mushroomed in the country
since then have fully supported my views. Last week I got confirmation of
the same for health services. My wife had a severe pain in her stomach and
we suspected an ulcer. My daughter suggested we try a new facility near
where we stay in Harare when I am there for Parliament.

She went to this new private clinic and when I got home from Parliament she
said that I should accompany her to see this place. We arrived at nearly 6
pm and it was humming. She saw a doctor in 5 minutes and was referred to a
specialist after some tests and scan. Fast, efficient, courteous, modern
equipment, beautiful surroundings – world class in every sense and our
medical aid paid for it in full, there were no charges. It was black funded,
managed and staffed with only one of the doctors who were white on the
staff. Once again, the private sector at work.

Then there is our medical aid societies – we belong to one, totally local,
pay $50 a month and in return get $60 000 of emergency medical insurance
cover, ambulance and air ambulance services on call 24 hours a day, cover
for doctors visits, dentist and optician services and if the service we
require is not available locally – access to the best in South Africa. When
I had a stent inserted in the back of my brain three years ago it was at a
private hospital in South Africa, local specialists but they held a
videoconference with a specialist in Texas and Paris while I was on the
operating table. Medical aid costs as little as $6 a month and gives you
various stages of cover. It is just amazing – no government involvement,
private capital, private investment and management, all world class, all
African.

Marvelous Zimbabwe does it again and again. We have yet to fix the main
problem, but that is work in progress. It may look a mess right now but we
are working on this in our own way and gradually a new society is emerging.
Near to where we live in Harare is a new supermarket, the “Bridge”. I want
to tell you that not many people anywhere in the world would have access to
a store of such modern and sophisticated design. It’s new, it’s locally
designed and constructed, locally managed and owned and it’s world class.
Can we do it? Yes we can and are, and all those skeptics out there who
thought otherwise must come and take a look.

We have the best climate in the world, do not have earthquakes or tornados
and are so far out of the mainstream of world financial affairs that we do
not matter and Wall Street is a curiosity. Our Polo Crosse team just came
second in the World Championship – all dispossessed farmers who decided that
while the farm situation is being sorted out, they would play Polo. Now we
watch the Yobo’s of London and Liverpool trash their cities and burn their
future while the Police seem totally incapable.

We have made sacrifices by staying in Zimbabwe and joining in the fight for
a better world for our grandchildren to live in but it has been worth every
thing and more and the fact that we are in fact winning is just a bonsela.
Just come and sit on the sidelines of a school rugby match and watch the new
generation setting the standards for a new world. They play hard and they
work hard, they are the kind of kids that will make us all proud.

Just to return briefly to the global financial crisis. The public debt of
China is 150 per cent of their GDP – the same or worse than Greece, in the
USA its nearing 100 per cent of GDP – ours is about 90 per cent. It is all a
question of perception and confidence, smoke and mirrors. The US Congress
did nobody any good quibbling over an issue that was clear from the start.
The private sector may be doing marvelous things in Zimbabwe, but let me
tell you, no country can afford to take on the markets. If you do dumb
things you pay the price and the first black President of the USA is not in
anyway responsible for the loss of confidence in the US financial system.
That lies squarely with the House and the Senate and I hope they are duly
warned.

Eddie Cross
Bulawayo, 10th August 2011


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Bill Watch 31/2011 of 6th August [Indigenisation Regulations Amendments & PLC Adverse Reports]

BILL WATCH 31/2011

[6th August 2011]

Indigenisation Regulations Amended Again – Still Not Legally Satisfactory

Minister of Youth Development, Indigenisation and Empowerment Kasukuwere has made further amendments to the Indigenisation Regulations [SI 84/2011, gazetted and coming into effect on 27th July].  [Electronic version of SI 84/2011 available; also main Indigenisation Regulations updated to incorporate all amendments.]  The amendments modify changes to the regulations made in April [by SI 34/2011].  Presumably the intention of these latest amendments is to correct provisions in the April amendments which the Parliamentary Legal Committee [PLC] found unconstitutional. 

[All Bills and statutory instruments have to be examined by the PLC for consistency with the Constitution.  A Bill is examined as soon as it is introduced into Parliament.  If it attracts an adverse report stating it is inconsistent with the Constitution, the Minister responsible for the Bill usually agrees to amendments to meet the PLC’s objections.  This clears the way for the Bill to be passed by Parliament and eventually be gazetted as an Act.  Statutory instruments, however, are only examined by the PLC after they have already been gazetted and become law; so if the PLC issues an adverse report on a statutory instrument, and the responsible Minister agrees to change it, he or she has to gazette a further statutory instrument making the necessary changes.] 

In this case the PLC criticised SI 34/2011 for the heavy penalties it laid down for businesses convicted of failing to submit indigenisation plans or substantially undervaluing net assets.  The PLC said the penalties of a $2 000 fine or up to 5 years imprisonment, or both, were so grossly disproportionate to the offences as to amount to inhuman or degrading punishment contrary to section 15 of the Constitution.  It also criticised as absurd the provision for companies and other “artificial persons” to be given sentences of imprisonment. 

The latest SI reduces the penalties to which the PLC objected - fines come down from $2 000 to $1 000 or $700, and sentences of imprisonment from 5 years to 3 months, 4 months or 12 months.  It also tries to correct the PLC’s point about the impossibility of sending a company to prison by saying  that companies, private business corporations, partnerships and associations will be liable to a fine only.  But it adds a new provision that every director, partner or board member will be liable to a $2 000 fine or 3, 4 or 12 months’ imprisonment or both.  The Minister has no power under the Indigenisation and Economic Empowerment Act to make this sort of provision, which is also inconsistent with section 277 of the Criminal Law Code.  Section 277 of the Code states that such office-bearers will not be liable for a criminal offence committed by their organisation if it is shown they took no part in the offence.  Therefore the PLC, which is tasked to report not only on the statutory instrument’s constitutionality but also on whether it is ultra vires its enabling Act, will be bound to issue another adverse report.  .

Indigenisation Rules for the Mining Sector: Another Adverse Report from PLC

Separate from the main Indigenisation Regulations are the special rules for the indigenisation of the mining sector that were gazetted in General Notice [GN] 114/2011.  The GN purports to have been made in terms of sections 5 and 5A of the regulations. 

This GN has also attracted an adverse report from the PLC, [electronic version of report available]. 

The report states that the GN is inconsistent with the Constitution in two ways:

·      for infringing the right to freedom of association by purporting to compel businesses to transfer shares to partners specified by the Minister of Youth Development, Indigenisation and Empowerment in the GN rather than to partners of their own choice [Constitution, section 21, which includes the right not to be compelled to associate]

·      for authorising unconstitutional compulsory acquisition of company shares, because it requires most of the entities to which shares must be transferred, as specified by the Minister in the GN, are State entities [inconsistent with Constitution, section 16, which requires a compulsory acquisition law to make both acquisition and compensation subject to court approval in cases of disagreement].

In addition to these constitutional points, the report finds the GN to be ultra vires sections 5(4) as read with 5A of the main Indigenisation Regulations, which are the enabling provisions invoked by the Minister in the preamble to the GN.  These sections empower only the relaxation of the 51% indigenisation target – which is far from what the Minister has done in the GN.  The $1 asset value threshold set by the GN for the mining sector is also found to be inconsistent with the general indigenisation threshold of $500 000 set by the main regulations, and therefore invalid.   

Reminder –Procedure for PLC Adverse Reports on Statutory Instruments

The Constitution requires that an adverse report on a statutory instrument should initially go to the Senate [Constitution, Schedule 4, paragraph 8].  It will only be considered by the House of Assembly if the Senate accepts the adverse report and resolves that the SI is inconsistent with the Constitution.  In that case the report goes to the House of Assembly, which has the option of resolving, within 21 sitting days after the Senate resolution, that the statutory instrument concerned should not be repealed, notwithstanding the adverse report.  If the 21 days elapse without such a resolution, the President must forthwith repeal the offending statutory instrument.  The Senate’s Standing Orders say that an adverse report must be set down for consideration by the Senate on the first sitting day following its receipt from the PLC – but the Senate can vote to delay debate.

Speaker’s Ruling on Invalidity of House of Assembly Standing Orders on PLC Adverse Reports on Statutory Instruments

In spite of the constitutional provision that adverse reports on statutory instruments should first go to the Senate, several such reports had been set down for consideration by the House of Assembly before going through the correct procedure in the Senate.  On 27th July the Speaker therefore ruled that House of Assembly Standing Orders 138(2) and 205(4B) are void insofar as they relate to how adverse reports on statutory instruments are dealt with.  [Note: These Standing Orders had provided for adverse reports on statutory instruments to be submitted direct to the House of Assembly and considered immediately without reference to the role of the Senate; this inconsistency with the Constitution was the basis of the Speaker’s ruling that the Standing Orders were void.]  The Speaker accordingly ordered that all current motions for consideration of adverse reports be expunged from the House Order Paper.  [Electronic version of Speaker’s ruling available.]  These adverse reports now have to be considered by the Senate.  There is a procedural problem – there is no Senator on the PLC and usually a PLC member presents and explains the reports. 

The Adverse Reports Concerned

The backlog of adverse reports will now, as is constitutionally correct, be debated in the Senate when it next meets.  Those to be  considered include:

·      the report on the 3rd Amendment to the Indigenisation Regulations [SI 34/2011]  [removed from the House of Assembly Order Paper but not yet tabled in the Senate]  The PLC has said it would withdraw this report if the Minister made satisfactory corrections, so debate is likely to await the PLC’s verdict on the Minister’s attempt to do that in SI 84/2011 [see comments on this SI above].

·      the General Notice laying down the special rules for indigenisation of the mining sector [GN 114/2011] [the report referred to above –removed from the House of Assembly Order Paper and already tabled in the Senate]

·      a number of SIs laying down penalty provisions in local authority by-laws which the PLC found unconstitutional and/or ultra vires [removed from the House of Assembly Order Paper but not yet tabled in the Senate] 

 

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

 

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