http://www.zimonline.co.za/
by Clara Smith Thursday 12 August
2010
HARARE - Zimbabwe's troubled constitutional reforms ground
to a halt on
Wednesday after running out of cash, a senior official
confirmed last night.
Douglass Mwonzora, a joint chairman of the
Constitutional Parliamentary
Committee (COPAC) in charge of the reforms,
told ZimOnline that an exercise
to gather citizens' views on the new charter
cannot continue because there
is no money for fuel for teams to travel to
meetings with members of the
public.
Citizens' contributions should
form the basis of the proposed new
constitution according to a political
agreement signed by President Robert
Mugabe and Prime Minister Morgan
Tsvangirai two years ago that gave birth to
their coalition government last
year and paved the way for governance
reforms.
"We have been getting
fuel on credit but suppliers say they now want cash
because they have not
been paid for long," said Mwonzora, who is a senior
member of Tsvangirai's
MDC party.
He added: "COPAC is engaging treasury so that we can start the
outreach
soon. But as it stands we are hamstrung by the fact that COPAC
doesn't
handle cash. We rely on government and donors to pay directly to
suppliers.
We are still hopeful that the government will react swiftly to
this crisis."
The United Nations Development Programme (UNDP), which has
helped mobilise
from international donors most of the cash that has funded
constitutional
reforms to date, has reportedly asked the government to foot
the fuel bill.
ZimOnline was last night unable to reach UNDP resident
representative in
Harare Alain Noudehouis to confirm whether the
organisation has asked the
government to pay for fuel for the key outreach
exercise.
Both Finance Minister Tendai Biti and Constitutional Affairs
Minister Eric
Matinenga were also not available to shed light as to when the
cash-strapped
government might be able to raise funds for the outreach
exercise to resume.
While Mwonzora was hopeful that the outreach exercise
would resume soon,
sources at COPAC said head of the commission's
secretariat, Peter Kunjeku,
has written to outreach team members to stop the
information gathering
exercise until money for fuel is
found.
According to sources at COPAC, Kunjeku's memo ordered the close to
700 staff
working on the outreach programmne to vacate their hotels by
midday Thursday
to avoid running high accommodation bills at a time when
they would be idle.
"Outreach teams, except those in Mashonaland West are
stranded and are not
working because of the problem," said a senior COPAC
staffer, who declined
to be named because she was not authorised to speak on
behalf of the
commission.
The staffer added: "Treasury indicated to
us a month ago that money for fuel
had been approved. But officials there
have been telling us the whole week
that the actual money was unavailable
because government is broke. And we
are forced to suspend the outreach
exercise until funds are available."
Cash shortages are only part of
myriad problems that have hobbled the
constitutional outreach exercise that
began in June and is scheduled to run
until November.
The outreach
exercise has suffered serious administrative glitches, while
resurgent
political violence and intimidation largely blamed on militants
from
Mugabe's ZANU PF party and security forces has left many doubting the
credibility of the process.
ZANU PF and the armed forces want the new
charter based on a controversial
draft constitution known as the Kariba
draft prepared by Mugabe's party and
the then opposition MDC parties of
Prime Minister Morgan Tsvangirai and his
Deputy Arthur Mutambara.
The
2007 Kariba draft -- that the MDC parties now oppose -- retains a strong
presidency and allows Mugabe to stand for another two terms in
office.
The proposed new constitution is part of reforms meant to
entrench democracy
in Zimbabwe.
The coalition government is expected
to call fresh elections once a new
constitution is in place although there
is no legal requirement for it to
immediately do so.
Zimbabweans hope
a new constitution will guarantee human rights, strengthen
the role of
Parliament, as well as guaranteeing civil, political and media
freedoms. -
ZimOnline.
http://www.swradioafrica.com
By Alex Bell
11 August
2010
Diamonds from the controversial Chiadzwa diamond fields went on sale
on
Wednesday, despite reports of ongoing abuses surfacing from the mining
site.
Prime Minister Morgan Tsvangirai opened the sale at Harare Airport,
which
attracted a number of interested foreign buyers, and was overseen by
officials from the international trade watchdog, the Kimberley Process. The
group’s appointed monitor to Zimbabwe, Abbey Chikane was on hand to certify
the stones as ‘conflict free’, a necessary step to allow their legal
sale.
The Prime Minister revealed that about 900 000 carats were up for
sale,
which is said to be just a small portion of a stockpile of diamonds
the
Mines Ministry has been waiting to sell. Mines Minister Obert Mpofu was
quoted as saying on Wednesday that the rest of the diamonds would be sold in
due course, adding that the stockpile could be worth as much as $1.7
billion.
Wednesday’s sale was the result of a last-minute deal reached
between the
Kimberley Process and the Mines Ministry last month, which will
see two
batches of diamonds from the Chiadzwa diamond fields be auctioned
between
now and September. Experts are then set to visit the country and
review its
progress with meeting international trade standards, potentially
paving the
way for a full resumption of exports.
Diamond sales had been
suspended last year because of human rights
atrocities at the military
controlled diamond fields, including murder and
forced labour. But the
Kimberley Process, instead of banning Zimbabwe from
trade, gave the Mines
Ministry six months to clean up its act and fall in
line with international
standards. Chikane, the Kimberley Process monitor,
was then sent to evaluate
this progress earlier this year. It was Chikane’s
recommendation that
diamond sales resume, despite reports of ongoing abuses
and rampant
smuggling still coming out of Chiadzwa.
A recent expose by the UK’s Sunday
Times newspaper revealed how Zimbabwe’s
army is still brutally controlling
operations at Chiadzwa, leading illegal
mining syndicates and smuggling
operations out of the country. Undercover
journalists from the Sunday Times
late last month spoke to a number of
Zimbabwean smugglers who are forced,
out of fear of beatings and death, to
take the diamonds out of Chiadzwa and
across the border to Mozambique. There
the illegal trade is said to be
“flourishing”, with Lebanese gem traders
buying the stones for tens of
thousands of dollars in what the newspaper
described as a “flagrant breach
of international rules.”
In Chiadzwa meanwhile, there have been ongoing
reports of abuse and forced
labour at the hands of the military, despite
assurances by Chikane and the
Mines Ministry that all abuses had stopped.
But Chikane’s own integrity as a
monitor has been compromised and he is
widely believed to be embroiled in
the corruption at the mining site. He has
been accused of selling out
diamond researcher Farai Maguwu to the police in
June. Maguwu spent more
than five weeks in jail in connection with exposing
abuses at Chiadzwa.
The military meanwhile, ahead of Chikane’s return to
Zimbabwe over the
weekend, launched a clean up operation in Chiadzwa,
physically driving out
the illegal miners they are in syndicates with.
Villagers reported an
increased presence of military and police officials in
the area, and a
visible clean up exercise, all to create the illusion of
legality for
Chikane and the Kimberley Process.
At the same time, the
legal title holders of the Chiadzwa site have warned
that the sale of the
diamonds is in contempt of the Supreme Court. UK based
African Consolidated
Resources (ACR) was forced at gunpoint off the site in
2006 and have been
fighting a protracted court battle ever since over their
ownership rights.
The Supreme Court this year ruled that all mining
operations at Chiadzwa,
now under the control of two government licensed
firms, must be suspended.
But mining has continued, which is in direct
contravention of the courts.
ACR has since warned international buyers that
it will seek legal action if
they buy the stones.
Who exactly will profit from Wednesday’s sale also
remains unknown. Finance
Minister Tendai Biti has admitted that the Treasury
is yet to see any inputs
from diamond sales, despite an estimated $30
million in diamonds being sold
in the last year. ACR has urged the
government to ensure that the diamond
sales profit the national fiscus and
not the mining firms and corrupt
officials controlling the diamonds fields.
But there has been no assurance
that this will happen.
It is under
this guise that the diamond sales have resumed and could be the
reason why
the interested diamond buyers who descended on Harare on
Wednesday,
preferred to remain unnamed. It is also the likely reason why
Robert Mugabe
decided to skip opening the event, as he was last week set to
do.
Mugabe instead travelled to China and left Tsvangirai with the
burden of
opening the controversial sale. Observers have commented that this
was a
clever move by the ageing dictator, to give the sale of the stones
some
credibility.
http://www1.voanews.com/
Mines
Minister Obert Mpofu said the government is pleased at the funds
generated
by the diamond auction and how those monies can uplift the
economy - but he
refused to disclose how much was raised in Wednesday's sale
Sandra Nyaira
| Washington 11 August 2010
Zimbabwe on Wednesday resumed the
international sale of diamonds from the
controversial Marange field under
supervision by the Kimberly Process which
certified the rough stones for
export. It was the country's first sale of
such diamonds since the Kimberly
Process last month eased a ban on export
sales that was imposed in
2009.
Prime Minister Morgan Tsvangirai and Vice President John Nkomo
officiated at
the ceremony held at the Harare International Airport. VOA
Studio 7
correspondent Irwin Chifera reported from the auction.
While
welcoming the sale of the stones, Mr. Tsvangirai cautioned against
overstating Zimbabwe's diamond wealth.
"I've heard and read of
billions of dollars coming from today's sales.
Please let's be realistic.
Let's not create high expectations for our
people," the prime minister said
in remarks opening the auction.
"Ladies and gentleman, it is the sense of
cabinet that the proceeds from
this sale should benefit the generality of
Zimbabweans," he continued.
"However, I must also caution that we have to be
both transparent and
realistic in terms of our expectations from the sale of
our diamonds."
Mines Minister Obert Mpofu said the government is ecstatic
about the funds
generated by the sale of diamonds, and how those monies can
uplift the
economy. But he refused to say how much was raised in the
auction.
Zimbabwe Kimberly monitor Abbey Chikane told reporters however
that slightly
less than one million carats were sold while the rest of those
in stock
would await certification and another auction in
September.
News agencies quoted Mr. Tsvangirai as saying the stones sold
were worth
some US$72 million.
Crisis in Zimbabwe Coalition Regional
Coordinator Dewa Mavhinga said the
sale presents Finance Minister Tendai
Biti with a challenge to make sure
there is full transparency and
accountability.
Economist John Robertson says he is concerned that the
auction was shrouded
in secrecy with little information released by
authorities on the number of
carats sold and the sums raised.
He
noted that the sale of diamonds has already raised expectations among
ordinary Zimbabweans for an improvement in living standards, with, for
example, civil servants now calling for an immediate pay
increase.
Elsewhere, the Zimbabwean unit of global mining giant Rio Tinto
said it
expects to resume exports of diamonds from other sources in a few
days once
a Harare ban on such sales imposed in May is lifted. Executive
Neils
Kristensen said the company has been communicating with the government
about
resuming such sales.
The government banned all diamond exports
until the Kimberly Process
certified rough stones from the Marange fields
where two joint venture
partners - Mbada Diamonds and Canadile Miners - are
extracting the alluvial
diamonds.
Human rights organizations have
alleged serious abuses in the Marange
district which is under military
control, and the lack of transparency of
the joint ventures has raised
concerns the resource has been looted.
By Daily Mail Reporter
Last updated at 8:05 PM on 11th August
2010
Zimbabwe began selling diamonds worth more than a billion pounds today, mined
from an area where soldiers stand accused of killing 200 people, raping women
and forcing children into hard labour.
Heavily armed police and soldiers guarded top security vaults built at the
main Harare airport, where several private jets brought buyers from Israel,
India, Lebanon and Russia.
Abbey Chikane, Zimbabwe monitor of the Kimberley Process, the world diamond control body, certified the diamonds ready for sale today, saying they met minimum international standards.
Zimbabwean Prime Minister Morgan Tsvangirai, center, chats to Mines and Minerals Minister Orbert Mpofu, left, and Zanu PF chairman Simon Khaya Moyo at today diamond sale
Mining for diamonds in Marange where slave labourers were told to 'dig or die'
Investigators said last year that the gems were mined at the Marange diamond fields by virtual slaves who had been told to dig or die, and were smuggled out by soldiers who raped and beat civilians.
Yet the Kimberley Process said those gems did not qualify as 'blood
diamonds'.
No estimated value was given for stones, although unofficial estimates range up to £1.2 billion - a massive boost for Zimbabwe's ailing economy and representing about a third of its national debt.
The eastern alluvial diamond fields were uncovered in 2006 and are estimated to be able to meet a quarter of the world's demand for diamonds.
The find is described as the biggest in southern Africa since diamonds were discovered at Kimberley in South Africa a century ago.
http://www.thezimbabwean.co.uk
Written by Paul Ndlovu
Tuesday, 10 August 2010
10:59
HARARE - Diamonds are fundamental to the economic development of
Zimbabwe,
an official from the Kimberley Process Secretariat, Netta Bar-El,
said this
week in an exclusive interview with The Zimbabwean. (Pictured:
Zimbabwe was
awarded certification to sell its diamonds last
month)
"Rough Diamonds are an important economic resource and are crucial to
the
economic development of Zimbabwe. These diamonds are also important to
the
global diamond industry as Zimbabwe has the potential to become a major
diamond producer in the new years," Bar-El said. The KP secretariat official
said a Review Mission had been in Zimbabwe since
Sunday to check the
country's fulfilment with the KP minimum requirements.
"The review mission
will check Zimbabwe's compliance with the KP minimum
requirements. The
conclusion of the Review Mission will be submitted to the
Working Group on
Monitoring (WGM) for discussions during the Plenary Meeting
to be held in
November 2010 in Jerusalem," Bar-El said. The country was
awarded
certification to sell its diamonds when the members of the Kimberley
Process
met in St. Petersburg, Russia last month after long deliberations on
the
country's diamonds.
Before the country was awarded certification, observers
said the issue of
Zimbabwean diamonds revealed the KP's 'double standards'.
Mines and Mining
Development Minister, Obert Mpofu, was quoted alleging that
two
international rights organisations, Human Rights Watch and Partnership
Africa Canada, tried to blackmail him when he was persuading the
international regulator to certify the country's stockpile of diamonds for
export at the Kimberley Process Certification conference in Tel Aviv. This
was during the Intercessional Meeting in June 2010 where certification of
Zimbabwe's diamonds from the Marange area was blocked.
However, the KP
secretariat official denied the allegation and said the
diamond watch dog
was a consensus-based organisation meaning all decisions
were reached on
consensus. "Only participants are allowed to vote.
Participants are only the
member-states (49 participants representing 75
countries as all EU countries
are represented by the European Commission).
Observers are the World Diamond
Council representing the Diamond Industry
and Global Witness and Partnership
Africa-Canada representing the Civil
Society organizations. Observers do not
get the right to vote, but they are
members of the Working Groups and they
have the right to voice their
opinions in all discussions," Bar-El
said.
Bar-El said according to the KP core document, KP participant countries
could only trade in rough diamonds among themselves and only with a KP
certificate authenticating that these diamonds were mined according the KP
standards.
"Each country designates an authority within that country that
is in charge
of issuing KP certificates on behalf of that country. If a
country is a
member of the KP, it cannot sell its diamonds to non-KP member
countries,"
said the KP secretariat official.
The official added that the
diamond industry had voluntarily agreed to
adhere to the KP rules.
"Therefore no member of this industry will trade in
diamonds that do not
hold a KP certificate otherwise he or she will be
subject to penalties from
the Industry Institutions and might even be
expelled," Bar-El said.
http://www.swradioafrica.com
By Tererai Karimakwenda
11
August, 2010
Robert Mugabe and his wife Grace left Zimbabwe for China on
Tuesday, just
after he delivered a speech at the Defence Forces' Day
commemorations at the
National Sports Stadium in Harare.
Accompanied
by Foreign Affairs Minister Simbarashe Mumbengegwi and several
other
government officials, Mugabe presided over national day celebrations
at the
World Expo in Shanghai on Wednesday, where he reportedly thanked
China for
its 'unwavering' support and called for help to revive Zimbabwe's
economy.
Mugabe is quoted as saying: "It is thus natural and logical for
us to forge
a strategic relationship with an all-weather friend as the
People's Republic
of China."
But China has largely been criticized
for investing in African countries
that supply it with the oil and other
badly needed natural resources, while
ignoring serious human rights abuses.
Mugabe has forged a relationship with
the Chinese under the Forum on
China-Africa Cooperation (FOCAC), that has
seen China benefit from
Zimbabwe's huge mineral deposits and construction
contracts.
The
Chinese government has in turn refused to impose targeted sanctions on
Zimbabwe, which were adopted by the European Union and the United States
after Mugabe disregarded the results of the 2008 elections. China has also
protected Mugabe from prosecution at the United Nations Security
Council.
In his speech at the expo, Mugabe thanked China for assisting
Zimbabwe in
several areas, such as the supply of agricultural materials and
with the
food shortages, which he claimed were the result of "inclement
weather" that
affected the country's harvests.
But Mugabe did not
mention his chaotic and violent land grabs, that saw
thugs from his ruling
party and war vets illegally remove white commercial
farmers from their
properties and destroy the livelihoods of millions of
Zimbabwean farm works.
Most of the farms now lie idle while millions starve.
The United Nations'
food agency on Tuesday said that 1.68 million
Zimbabweans face starvation
and need about 133,000 tonnes of food aid, until
the next harvest in
May.
http://www.swradioafrica.com
By Lance Guma
11
August 2010
War vets leader Jabulani Sibanda continues his tour of terror
in the
Masvingo Province, targeting people who want to speak freely during
the
ongoing constitutional outreach. On Wednesday Newsreel spoke to a
councilor
in Zaka who told us Sibanda is liaising with local chiefs to
identify people
who are not in favour of the ZANU PF backed Kariba Draft
constitution.
Sibanda, who has made a political career out of terrorizing
and torturing
MDC supporters, has now been camped in Masvingo for over 3
weeks, moving
from one constituency to another. We have been told Chief
Ndanga in Zaka and
Chief Mabika in Bikita have been working closely with
Sibanda and organizing
rallies for him, in advance of the constitutional
outreach meetings.
At these rallies villagers are being intimidated and
told only certain
appointed individuals will speak at the outreach meetings.
Those who do not
obey this instruction are beaten up soon after the meetings
are over. In
some cases individuals considered uncooperative are beaten up
before the
outreach meetings, as a warning to other villagers about what
will happen to
them if they disobey orders.
The police, instead of
arresting Sibanda and his mob, are actually
accompanying him. Over the
weekend Sibanda threatened to squash Prime
Minister Tsvangirai like a 'fly',
remarks he made in the company of the
Officer in Charge at Mashoko Police
Station. MDC-T spokesman Nelson Chamisa
told us one of the villagers managed
to use their mobile phone handset to
record the war vets leader's
rantings.
Newsreel spoke to Co-Home Affairs Minister Theresa Makone, who
said she was
still to receive reports of Sibanda's activities in Masvingo,
having been
away for more than a week in Mozambique on government business.
She said she
was disgusted at his behavior and expressed surprise police
were giving him
free rein to intimidate people. 'All the work by COPAC in
the area would be
null and void as people will be responding under
conditions of terror,' she
said.
Makone encouraged people affected to
file police reports, adding that even
if police did nothing it would help
people like her in government to make a
follow-up on recorded cases, rather
than responding to what she said were
unofficial complaints.
She says
she asked one of the co-chairs of the constitutional committee,
Douglas
Mwonzora, to investigate these reports and he is still to get back
to
her.
Makone also warned the Officer in Charge at Mashoko Police Station,
telling
him he was risking his job by accompanying Sibanda on his terror
campaigns.
We sincerely hope that after our interview she phoned him up and
warned him
personally and that Zimbabweans will see some action taken to
protect them
from thugs like Jabulani Sibanda.
http://news.radiovop.com
11/08/2010 08:15:00
Bulawayo, August 11, 2010 -
Zimbabwe's tuberculosis infections went up from
40 000 to 46 000 last year,
according to Health and Chld Welfare Ministry.
Deputy director for Aids
and TB programmes in the Ministry of Health and
Child Welfare, Dr Charles
Sandy confirmed the statistics. "This year alone,
the ministry is stepping
up efforts to reach 100 000 estimated number of
people believed to be living
with the disease in the country.
"Last year, we recorded 46 000 new TB
cases up from 40 000," Sandy said in
an interview with Radio VOP.
Dr
Sandy said provinces which recorded higher TB cases were Manicaland,
Masvingo, Midlands followed by Harare and Bulawayo.
He said progress
in reaching the affected was being hindered by lack of
resources.
"We
are facing some problems in reaching all the districts and wards in the
country. However, we are putting in place mechanisms to see to it that our
people in the rural areas can also be tested quickly and put on treatment,"
said Dr Sandy.
"In this light, plans are there to open at least two
TB facilities in every
district where people can be tested and receive
treatment depending on
geographical distribution."
Dr Sandy also
noted that the ministry was involved in the training of
microscopists who he
said were going to assist with the examination of
patients.
"Microscopists will spend three months in class and nine
months on practical
attachment to bridge the gap caused by the lack of
scientists," he said.
Meanwhile, Dr Sandy expressed concern on the influx
of fake anti TB tablets
that have flooded the black market.
"There
are TB anti-body medicines on the black market and I strongly advise
patients to stick to the proper TB treatment we give them at the medical
centres. Only after a patient has been tested can he or she get on
treatment.
"But now people without any testing are going after the
anti-bodies and that
can be disastrous," said Dr Sandy.
http://www.swradioafrica.com
By Lance Guma
11 August
2010
While war vets leader Jabulani Sibanda has been camped in Masvingo
for three
weeks orchestrating a reign of terror, over 450 youths from
different
political parties in Kadoma came together over the weekend to
'kick out'
political violence.
The Youth Alliance for Democracy
pressure group who organized the event said
the 'Kick Out Political Violence
Program' drew participants from the suburbs
of Rimuka, Waverly, Rio Tinto
and Ingezi. The youths played against each
other in different netball,
volleyball and football teams. Also in
attendance was the Mayor, councilors,
local MP, school heads and supporters
from different political
parties.
One of the coordinators, Thulani Mswelantho, told Newsreel they
hoped to use
sport as a tool to unite rival political parties and build
political
tolerance. The Chairman of the National Youth Service Graduates
for
Mashonaland West, Washington Eremiya, was also there and urged youths to
shun violence and work towards the conduct of free and fair elections in
their communities.
'We inflicted pain to our parents and friends for
the sake of our political
views yet they did not deserve to be punished for
being different, we were
promised a lot but we are still poor, youths wake
up,' he said. Graduates
from the 'National Youth Service' (also known as
Border Gezi training camps)
have a notorious history of terrorizing MDC
supporters, especially towards
election time.
Mwelantho meanwhile
told us a survey done by pressure group Sokwanele in
2002 had rated Kadoma
as 5th in the country, in terms of being politically
volatile. It was on
this basis they had extended their Kick Out Political
Violence program to
the area. Additionally several councilors and a senator
have passed away,
meaning by-elections in the area are imminent. Although
this may not stop
politicians from using youths in future, they hope to
build a culture that
will make this harder.
http://news.radiovop.com
11/08/2010 11:25:00
Mutare, August 11,
2010 - About 160 students from Africa University (AU)
have failed to write
examinations after flamboyant Harare businessman,
Philip Chiyangwa failed to
honour his pledge to pay their fees.
In May this year Chiyangwa pledged
to fork out US$255 910 for the needy
students during a public lecture on
"Opportunities and Entrepreneurship".
Chiyangwa was the guest speaker at
the public lecture held at the
university, just outside
Mutare.
Authorities at the United Methodist-run institution said they
were not happy
with Chiyangwa because the students hade failed to sit for
their
examinations.
"We all thought Chyangwa was sincere when he
promised to pay the fees for
the students," said one senior official at the
university. "It is not good
for people to play to the gallery on matters
that affect children's lives.
We are very disappointed."
While
addressing the students Chiyangwa claimed he had been touched by the
plight
of the students and had decided to intervene and pay their fees.
He also
promised to set up a revolving fund to assist AU students venture
into small
businesses during the course of their studies.
"We want you to write your
exams and graduate in June, but there is a crisis
as most of you have not
paid exam fees. I will be making concerted efforts
to address and redress
the crisis so as to bail you out," the usually
boastful Chiyangwa said, amid
loud cheers, ululations and whistling from the
gallery.
"The
intention of my intervention is to see you successfully graduate and
pursue
the goals and dreams for which you studied at college. I am going to
be the
conduit to have the funding in place and mitigate the June exams
crisis."
After Chiyangwa's pledges the AU's dean of students, Dr
Ellen Gwaradzimba,
said she was happy that the students had been "rescued"
by the Harare
businessman.
She said the affected students were being
barred from accessing such
university facilities as attending lectures,
halls of residence and dining
halls.
She said the most affected were
the third and final year final semester
students.
But after making
the pledges that were widely covered in the media, AU
authorities said
Chiyangwa was now uncooperative to the extent of not taking
calls from the
university.
http://www1.voanews.com
At the SADC summit, South African President Jacob Zuma is
expected to hand
over a report on the Zimbabwe political situation to
President Armando
Guebuza of Mozambique, chairman of the regional group's
security troika
Blessing Zulu & Ntungamili Nkomo | Washington 11
August 2010
The Southern African Development Community has invited
the three principals
in Zimbabwe's troubled national unity government to
attend a SADC summit
opening Monday in Namibia where Harare tensions will be
discussed.
SADC Executive Secretary Tomaz Salomao said in an earlier
interview that
Zimbabwe will be on the agenda along with other regional
security issues
facing the organization.
President Robert Mugabe,
Prime Minister Morgan Tsvangirai and Deputy Prime
Minister Arthur Mutambara
will be at the summit, Harare sources confirmed.
South African President
Jacob Zuma is expected to hand over a report on the
Zimbabwe situation to
President Armando Guebuza of Mozambique, chairman of
the SADC security
troika.
MR. Guebuza is expected to officially table the report at the
summit. Mr.
Zuma in recent weeks has dispatched envoy Mac Maharaj to Harare
on more than
one occasion to seek resolution of the issues left outstanding
when the
unity government was formed in February on the basis of the 2008
Global
Political Agreement.
Such vexed questions include alleged
judicial targeting of officials of the
Movement for Democratic Change and
civic activists, President Mugabe's
failure to swear in Tsvangirai MDC
treasurer and Senator Roy Bennett as
deputy minister of agriculture, and
long-delayed MDC provincial governor
appointments, among
others.
Diplomatic sources said regional leaders will also discuss
Harare's
rejection of a ruling by SADC's Namibia tribunal in favor of white
farmers
dispossessed of their properties under Zimbabwe's fast-track land
reform
program.
Zimbabwean Minister of State Jameson Timba, attached
to the prime minister's
office, confirmed in an interview with VOA that
Zimbabwe will be on the
agenda when SADC meets next week. South African
envoy Maharaj confirmed that
Mr. Zuma will hand over a report on Zimbabwe to
Mr. Guebuza at the summit
that opens August 16.
Elsewhere, President
Mugabe, hailed China as an all-weather friend to
Zimbabwe and urged Beijing
to help it revive the economy. Speaking at the
Shangai Expo, Mr. Mugabe
urged close cooperation between the countries. He
said that Zimbabwe had
benefited immensely from China's generosity in recent
years. President
Mugabe left Harare for China on Tuesday to attend the trade
and cultural
showcase which started in May and runs through October.
Zimbabwean state
media reported he will hold talks with Chinese President Hu
Jintao. Economic
analyst Rejoice Ngwenya commented that there isn't much
China can offer to
revive Zimbabwe's economy, arguing that China mainly sees
Zimbabwe as a
consumer market and as a provider of natural resources.
http://www1.voanews.com/
The Ministry of Labor said it authorized companies to lay off
2,913 workers
between January and June, compared with 1,492 during the same
period of last
year, but economists said the real total of retrenchments is
much higher
Gibbs Dube | Washington 11 August 2010
Zimbabwe's
Ministry of Labor said about 3,000 workers were laid off by
businesses in
the first half of this year due to a lack of credit for
enterprises as well
as the implementation of a controversial indigenization
program.
The
Ministry of Labor and Social Services said it authorized companies to
retrench 2,913 workers between January and June, compared with 1,492 during
the same period of last year.
The ministry said banks accounted for
29 percent of those laid off followed
by the clothing and transport sectors.
Banks said profits are under pressure
while the garment sector faces stiff
competition from imports.
Economists said the real total of retrenchments
is probably much higher as
the Labor Ministry only counts the ones it has
authorized. They said the
true number of layoffs in the first half of 2010
could be 10 times higher.
Layoffs occurred at companies including Archer
Clothing Limited, Barclays
Bank, National Merchant Bank, CXF Bank, Zimbabwe
United Passenger Company,
Edgars Stores, Air Zimbabwe and ZimAlloys Private
Ltd.
Economist Godfrey Kanyenze of the Research and Economic Development
Institute of Zimbabwe told VOA Studio 7 reporter Gibbs Dube that most of
retrenchments are the consequence of uncertainty about the indigenization or
black empowerment program, the shaky political situation, and poor credit
conditions.
"There are a lot of outstanding political issues among
the three ruling
parties and to make matters worse, Zimbabwe has not been in
a position to
attract meaningful foreign direct investment," Kanyenze said.
http://www.zimonline.co.za/
by Own Corespondent Thursday 12 August
2010
HARARE - Zimbabwe's largest telecoms firm, Econet Wireless
Zimbabwe, has
secured a $60 million loan from Swedish export credit agency
EKN, the firm's
chief executive Douglas Mboweni said on
Wednesday.
The loan would see Swedish telecoms equipment supplier
Ericsson installing
additional equipment to expand Econet's infrastructure
in the capital
Harare, home to Econet's largest subscriber
base.
Engineers from Ericsson are already in Zimbabwe to install the
equipment,
Mboweni said in a statement.
Econet is the largest
telecommunications company in Zimbabwe by subscriber
numbers, and is
currently expanding its network capacity around the country.
Mboweni
welcomed the opening up of foreign credit for Zimbabwean companies,
and
thanked the Swedish government for its support.
The Swedish loan is the
largest facility to be extended by a European funder
to a Zimbabwean company
in over a decade.
Econet had up to now only been able to secure loans
from China and the
Egyptian-based African Export-Import Bank.
Mboweni
said the entire facility would be used to buy equipment for Harare.
The new
equipment should carry more traffic more efficiently, significantly
addressing the service quality issues.
"Our customers in Harare are
increasingly buying mobile phones, and this
means we require more capacity
and capability on the network," he said. -
ZimOnline
AfriForum
Media
Statement
11
August 2010
Victory
for Zim farmers in court
Zimbabwean
farmers supported by AfriForum, have today scored another victory in the North
Gauteng High Court in Pretoria, when the court ruled that the government of
Zimbabwe is responsible for the wasted costs of an urgent court application
erroneously brought against the farmers and AfriForum.
The matter drew high level attention from the Zimbabwean Government
and the hearing last week was personally attended by the country's Deputy
Attorney-General Prince Machaya. The Zimbabwean government erroneously lodged
the urgent application because this government apparently had been under the
impression that the auction of properties in Cape Town, scheduled for 27 July
and 10 August 2010, had been organised by AfriForum and the farmers. Although
the farmers were the first ones to seize the properties, the auctions were
organised by German banking group KFW Bank Gruppe. Although the correct facts
had been widely reported in the media, the Zimbabwean government went ahead with
the erroneous urgent application.
AfriForum's
legal representative, Willie Spies, said that today's victory is but one in a
series of legal battles which these farmers are taking on with the help of
AfriForum. The victory once again provides the farmers and thousands of
farmworkers, deprived of their livelihoods, with the moral oxygen and energy to
continue their struggle for justice in Zimbabwe.
Willie Spies
Legal representative -
AfriForum
083-676-0639
11 August 2010
Zimbabwe Government's volte-farce
The special costs
award against the Zimbabwe Government by the North Gauteng
High Court in
Pretoria today is another significant step on the road towards
justice and
accountability in Zimbabwe and indeed everywhere in the Southern
African
Development Community.
Clearly under pressure, the Zimbabwe Government
has demonstrated a complete
about-turn, shifting from the stated position
that it does not recognize the
international court of the SADC Tribunal in
Windhoek to attending the
hearing which it erroneously brought against three
Zimbabwean farmers in
Pretoria last week.
The Zimbabwe Government's
deliberate dismissal of the SADC Tribunal's
jurisdiction led to its legal
team being instructed to take the
unprecedented step of walking out of a
hearing in Windhoek. Thereafter, the
Zimbabwe government's legal team
failed to attend all hearings at SADC's
Highest Court of
Appeal.
However, when the SADC Tribunal issued a costs award against the
Zimbabwe
Government and this was duly registered in South Africa, there was
an
immediate change in strategy.
Zimbabwe's Deputy Attorney General,
Prince Machaya, was instructed to travel
to Pretoria and to endeavour to
stop the auction of houses belonging to the
Zimbabwe Government. The houses
had initially been selected for attachment
to meet the Tribunal's cost
award.
The Zimbabwe Government failed in its attempt, and the High Court
in South
Africa has issued a further cost award against it. The auctions,
which were
in fact organized by the German banking group KFW Bank Gruppe,
not Afriforum
on behalf of the Zimbabwean farmers as the Zimbabwean
Government erroneously
believed, will go on.
This sends out a
rallying signal to all the victims of injustice in
Zimbabwe. It confirms
that judgments from the SADC Tribunal are final and
binding and that they
have the power to make the perpetrators of injustice
accountable.
The
Zimbabwe Government must understand that it will be forced to pay for
actions it continues to take that are against the SADC Treaty.
This
victory on the eve of the SADC Summit, which takes place in Namibia
from
16-18 August, is a victory for all SADC citizens who believe in justice
and
human rights.
It sends a clear signal to those in power in Zimbabwe that
the days of
impunity are fading fast. SADC Tribunal Rights Watch believes
it will
encourage other victims of human rights abuse, wherever they are in
the
Southern African Development Community, to stand up for their rights.
It is
clear that judgments in their favour will carry weight.
Ben
Freeth - spokesman for SADC Tribunal Rights Watch.
Cell: +263 913 929 138
E-mail: freeth@bsatt.com
http://www.swradioafrica.com
By Alex Bell
11 August
2010
The United Nations has this week launched an appeal for more than
$400
million to help Zimbabwe, with the group's food agency warning than
more
than a million people will go hungry in the coming year.
"The
humanitarian situation in Zimbabwe still remains fragile due to the
prevailing degradation of infrastructure in the basic sectors of health,
water and sanitation, and food security," the UN said in its 2010
Consolidated Appeal for Zimbabwe.
"As a result, Zimbabwe remains at
the crossroads. After reviewing the
outcomes of recent needs assessments...
revised requirements thus amount to
478 million United States dollars. This
is an increase of some 100 million
United States dollars over the original
requirements."
The report said although the country has recorded an
increased crop output,
food insecurity still remains a problem.
"The
humanitarian situation in Zimbabwe requires a different approach than
most
crises," it said. "Key priorities for the remainder of 2010 will be
improving food security levels, prevention of and rapid response to disease
outbreaks, protection-related issues and responses to natural
disasters."
The appeal comes on the back of a report by the Food and
Agricultural
Organisation (FAO) and the UN's World Food Programme (WFP),
which said that
about 133 000 tons of food aid will be needed to help 1.68
million
Zimbabweans between now and the next harvest in May.
"Despite the
improved availability of food, up to 1.68 million people will
need food
assistance because prices remain comparatively high for families
with low
incomes and little or no access to US dollars or South African
Rand," said
WFP's Jan Delbaere, co-author of the report.
"Zimbabwe has only 1.66 million
tons of cereals available, against a total
needs forecast of 2.09 million
tons this year," said FAO official Liliana
Balbi.
http://news.radiovop.com
11/08/2010 08:17:00
Harare,
August 11, 2010 - The Zapu interim leader Dumiso Dabengwa is set to
be
elected to the party's presidency without challenge at the party's
congress
in Bulawayo at the end of this month after most of the party's 14
voting
provinces nominated him to the position.
The provinces held meetings over
the last two weeks to receive nominations
for positions at the congress and
most of the provinces were unanimous in
endorsing Dabengwa, despite some
calls to fire him by some disgruntled party
members who feel he is too old
and tired.
However delegates to the congress can still make nominations
from the floor.
Zapu spokesperson, Methuseli Moyo, confirmed that all
provinces have held
meetings to receive nominations and said the majority of
the provinces had
nominated Dabengwa for the presidency.
Moyo however
said he will not say how each province made the nominations.
"From the
nominations received the majority of the provinces have endorsed
Dabengwa
for the party's presidency and we are now set for the congress,"Moyo
said.
The revived Zapu will hold its congress at the Zimbabwe
International Trade
Fair (ZITF) in Bulawayo at the end of this
month.
Moyo however referred further questions to the party's secretary
for
administration, Mark Mubayiwa, who was not available for a
comment.
The revived Zapu has 14 provinces that include local and
international
structures. The local provinces are Harare, Bulawayo,
Matabeleland North,
Matabeleland South, Midlands and Mashonaland
West.
The other local provinces are Mashonaland East, Mashonaland
Central,
Masvingo and Manicaland.
Foreign provinces that also have
voting powers are South Africa, United
Kingdom, Canada and the United
States.
Zapu broke away from Zanu PF last year and the party has
indicated that it
will demand properties that were taken away by the
Zimbabwe government at
the height of disturbances in the early
1980s.
http://www.bizcommunity.com
By: Dumisani Ndlela
Zimbabwe's
central bank has called on government to halt what it called
"deindustrialisation through over-reliance on imports of finished goods"
after the distribution and retail sector accounted for the biggest jump in
imports by value during the half year to June.
The jump in imports by the
sector was spurred largely by a struggling
manufacturing sector still
battling low capacity utilisation levels.
Latest statistics from the
Reserve Bank of Zimbabwe indicate that import
payments for the distribution
and retail sector surged by 630%, from US$23.3
million during the half year
to June 2009 to US$170.3 million during the
same period in
2010.
Sector import bills
The manufacturing sector's import bill
increased by 44% to US$100.6 million,
while the services sector's bill
decreased by 15% to US$245.7 million.
Although the services sector showed
a decline in 2010 compared to 2009, the
sector still accounted for over 40%
of the country's total import bill.
This was largely due to the boom in
the mobile communications subsector
which resulted in increased import of
capital equipment and other
consumables.
The total import bill
amounted to US$947 million, up 47% from US$645.8
during the comparable
period in 2009.
Manufacturing sector inadequete
"The increase in
imports was largely attributable to increased importation
of consumption
goods by the retail and distribution sector. This indicates
that the country
is still reliant on imported goods as capacity utilisation
in the
manufacturing sector has not reached levels that will result in
import
substitution," said Reserve Bank of Zimbabwe governor Gideon Gono.
He
urged government to put in place policies to halt "deindustrialisation
through over-reliance on imports of finished goods" while helping local
industries to boost capacity utilisations.
Policies to halt
deindustrialisation
Such measures have previously included import bans on
selected products,
such as a recent ban on the import of poultry products
that has currently
resulted in a shortage of chickens in
Zimbabwe.
Retailers have indicated that they will continue to rely on
imports due to
lack of capacity within the local manufacturing
sector.
[11 Aug 2010 08:33]
http://www1.voanews.com
State
Enterprises Minister Gorden Moyo told VOA that some parastatals have
been
submitting false payroll reports to the Zimbabwe Revenue Authority
while
senior executives in the sector are earning far more than indicated
Gibbs
Dube | Washington 10 August 2010
Zimbabwean State Enterprises
Minister Gorden Moyo said Tuesday that some
state enterprises are keeping
two sets of books for executive payrolls to
conceal the true salaries of top
managers and evade taxes.
Moyo said certain parastatals have submitted
false payroll statements
showing low executive salaries to the Zimbabwe
Revenue Authority for tax
purposes while salaries much higher are being paid
to senior parastatal
executives.
Moyo said his ministry has asked the
revenue authority to investigate such
irregularities with a view to
prosecuting executives suspected of failing to
pay their taxes in full. The
government recently ordered state enterprise
executives to report how much
they are being paid, but sources said most of
them have refused to do
so.
Top state-sector executives earn up to US$15,000 a month though most
such
enterprises are close to collapse.
Moyo told VOA Studio 7
reporter Gibbs Dube that the government is not taking
the issue of
fraudulent payroll records lightly as it is a criminal offense
in Zimbabwe
to evade taxes.
REMARKS BY THE GUEST OF HONOUR, THE PRIME MINISTER OF
THE REPUBLIC OF ZIMBABWE, THE RIGHT HONOURABLE MORGAN R TSVANGARAI,AT THE
PASTORS OF DIFFERENT CHURCHES ‘FOOT WASHING’ CEREMONY GWERU: 04 AUGUST
2010
Honourable Ministers, Pastors and other Church Leaders,
Distinguished Guests and Visitors to Zimbabwe, Ladies and Gentlemen,
Friends,
It is indeed a great honour and privilege for me to
address this important gathering of Zimbabwean pastors at the launch of this
Churches “Foot Washing” Ceremony.
This is a pilot project introduced by Dr. Noah Manyika,
who has linked the Organ on National Healing, Reconciliation and Integration to
Samaritan’s Feet, an international Organization which was founded by another son
of Africa, Nigerian born Manny Ohomme.
Samaritan’s Feet works in 88 countries through Ohomme’s
unique idea, “Shoes for National Healing”. This makes Zimbabwe the
89th country to partner Samaritan’s Feet to advance this noble
National Healing programme in countries that are coming out of strife and
conflict.
The concept of “National Healing” is integral to the
Organ’s own overall plan to work with all government Ministries and Institutions
as entry points linking them to sister institutions in the region and
internationally. This strategy affords our institutions the space, time and
internal processes to align their frameworks’ policies and programmes to the
Organ’s developing National Healing process in Zimbabwe.
The three signatory parties to the GPA, namely MDC-T,
ZANU-PF and MDC-M, resolved to restore peace and harmony through positive
engagement on the 21st of September 2008.
This gave birth to Article VII and Article XVIII of the
GPA, in terms of which the Organ for National Healing, Reconciliation and
Integration was formed. With the specific mandate of consulting the whole nation
in order to devise appropriate and effective Peace Building
mechanisms.
The challenge placed before the Organ – indeed everyone
here today – is to find mechanisms to review the existential health of the whole
nation as a basis for our continued survival.
The Organ is required to identify and advise on
mechanisms by which we Zimbabweans can heal and reconcile ourselves and
integrate the millions of person traumatized by conflict with a view to review
to rebuilding our nation.
These methods and instruments have to multi-faceted.
This is because the grievances dividing the nation span right across individual,
sectarian, economic, religious and political spectrums.
The Organ agrees with experts in the psycho-social
support therapy sector that Zimbabwe needs healing from the myriad social and
economic wounds suffered well before, during and after the liberation
struggle.
Generations of victims with their urgent needs that must
be met, in addition to the perpetrators with their fears and concerns which must
also be addressed, remain alive today haunted by the events of
yesterday.
There can be no short-cuts on this journey and no easy
way to deal with the pain and suffering that has been experienced by so many our
people. The methods that will be employed for this essential process cannot be
prescriptive or imposed upon the people, but must be chosen and endorsed by the
people if we are going to achieve the goal of truly healing our
nation.
There can be no truth without justice. And justice
without truth. National healing cannot occur without justice and justice must be
done, as well as be seen to be done. There can be no room or tolerance for
retribution as retribution itself perpetuates the cycle of oppression and
suffering.
Ladies and Gentlemen, this is the overall context in
which we meet this evening under the auspices of the Foot-washing ceremony. As
Zimbabweans, preparing for a prosperous future for our country and indeed as
Christians with a vision for peace – we find ourselves gathering with you
pastors, as you grapple to open all lines of communication among yourselves to
plan for all our improved today and a better tomorrow.
Without dialogue among yourselves as pastors within the
Christian Church the task before you to heal the spiritual well being of
Zimbabweans will be difficult to accomplish.
The story of Jesus Christ pacifying the storm on the sea
is a very instructive one in relation to our present circumstances. We need
peace and calm as a prerequisite for creating a future for ourselves and
particularly that of the generations of Zimbabweans to
come.
Unless we survive the storm of conflict blown into our
path by the whirlwind of history, which we have allowed to explode due to
selfish political reasons in contemporary times, we will not fulfill our
obligation to guarantee peace and prosperity to future
generations.
It is therefore opportune that we have congregated here
today with churches whom the Organ considers are part of the mechanisms we need
to unite us the people of this country, especially the leadership of the
institutions gathered here.
Indeed we recognize the challenges some of the faith
based groups have to grapple with as you strive to also eradicate differences
amongst yourselves to engage in these matters of peace building and moral
regeneration through this evening “Foot Washing” ceremony.
To this end, the distribution of the shoes we have today
– with the dual themes of “Walk the Talk for Peace in Zimbabwe’ and the
African Union’s 2010 Year of Peace and Security – Make Peace
Happen.
This symbolizes the beginning of a fresh and mutual
journey into the future as Zimbabweans united by mutual respect and Christian
and democratic ideals and a common vision of peace and prosperity for our
peoples.
For two people cannot walk together unless they are
agreed on the destination they mutually seek. The Organ is working with all
Zimbabweans towards establishment of a tolerant, violence-free, democratic,
sovereign and prosperous Zimbabwe.
As a nation we cannot hope to promote equality, national
healing, cohesion and unity while abusing the rule of law, ignoring the right to
free political activity, freedom of assembly and association and freedom of
expression and communication.
Ladies and Gentlemen, to all those that are here this
evening we record our great appreciation of the long distances you have covered
to come here; the schedules deferred, the provision and expenses involved; as
well as the spirit of togetherness that has inspired your participation at this
event.
May this spirit continue into the future and form the
foundation of real change for Zimbabwe.
Let me conclude by thanking the Nexus Global Serve,
Samaritan Feet and your 16 person churches based delegation on this ‘Solidarity
Visit’ to our country to launch this unique ‘Shoes-for–National Healing Peace’
programme. By working through the Organ for National Healing, Reconciliation and
Integration in partnership with The Ministries of Education, Sports Arts and
Culture and Foreign Affairs, the churches and civil society we will experience
the reality that it is in giving that we truly receive.
I know that beyond the symbolic gesture of giving shoes
to the children of Zimbabwe and this ‘Foot Washing’ ceremony, it is from your
hearts and spirits that you have committed to this everlasting and just cause of
peace-building.
Together we can accomplish this great
mission.
I thank you
http://www.zimonline.co.za/
by Edward Jones Wednesday
11 August 2010
HARARE – President Robert Mugabe could be paving the
way for allies and
himself to avoid future punishment for past political
violence crimes that
have blighted the country, after the veteran leader
said a national healing
process underway would not penalise offenders but
will work to avoid future
conflict, analysts said.
His statement –
the first time he has inadvertently admitted political
violence took place
in past elections – contrasts sharply with Prime
Minister and Movement for
Democratic Change (MDC) leader Morgan Tsvangirai
who says there can be no
national healing and reconciliation without
justice.
MDC members,
including Tsvangirai, have borne the brunt of organised
political violence
from security forces and Mugabe’s supporters since 2000
with several
hundreds killed while many more have been uprooted from their
homes by war
veterans and youth militia loyal to the veteran leader.
But the violence
climaxed in 2008 when Mugabe sought to reverse his first
ever defeat in a
presidential election by MDC leader Morgan Tsvangirai.
Known senior security
officers led ZANU-PF loyalists on a campaign that left
200 opposition
supporters dead and even shocked other neutral African
leaders.
Fear
of prosecution
“It goes without saying that Mugabe has never at any time
sought to let the
course of the law take effect or for justice to be served
when crimes are
committed by his supporters,” John Makumbe, a veteran
political analyst and
critic of Mugabe’s policies said.
“But it is
not surprising because any moves to punish those who have fouled
against the
law may incriminate Mugabe himself. How will he respond if they
say they
were send by Mugabe?” said Makumbe.
ZANU-PF supporters are known to
commit violence in Mugabe’s name and even
boast that they are immune to
prosecution.
Some political analysts have for long speculated that Mugabe
and his allies,
especially senior military figures and those in the dreaded
national spy
agency have continued to hold onto power fearing prosecution
for crimes
against humanity if they stepped down.
Fifth
Brigade
A crack Fifth Brigade army unity that reported directly to Mugabe
committed
atrocities in Matabeleland and Midlands provinces in the early
years of
independence while pursuing dissidents.
Although nearly
20,000 civilians were killed in that operation, no single
person has been
prosecuted and some of the officers who commanded Fifth
Brigade are now
senior defence forces commanders who form the bulwark of
Mugabe’s stay in
office.
Analysts say Mugabe’s statement on Monday, while allaying fears
of arrest
among his rank and file, could be an incentive for them to
continue
unleashing more violence with impunity.
“We have embarked in
earnest on the process of national healing,
reconciliation and integration.
For the sake of our children and posterity,
I want to urge all of you to
note that the process of reconciliation is
national,” Mugabe said during
Heroes Day commemorations on Monday.
“It does not seek to ferret out
supposed criminals for punishment but rather
calls on all of us to avoid the
deadly snare of political conflict. Guided
by the spirit of tolerance, we
should continue to work together in promoting
peace and stability regardless
of political or religious affiliation.”
Political commentators say
ZANU-PF will most likely lose free and fair
elections to Tsvangirai’s MDC
but question whether the 86-year-old leader
who has ruled Zimbabwe since
independence in 1980 is capable of holding free
and fair
elections.
While Mugabe has publicly discouraged the use of political
violence, critics
say he tacitly approves its use to intimidate opponents
and will not act on
the perpetrators.
A dangerous habit
Police
have turned a blind eye to ZANU-PF violence but are quick to arrest
opposition supporters suspected of political violence.
In March 2007,
police brutally beat up Tsvangirai inside a police station
and pictures of
the then opposition leader’s swollen face shocked the world
and embarrassed
Mugabe’s supporters on the continent and led to calls by the
West for him to
step down.
“It (use of violence) has become a dangerous habit that is
difficult kick
for ZANU-PF and you feel that they do not have any other game
plan with
which to retain power,” said Eldred Masunungure, political
scientist at the
University of Zimbabwe said.
“A dangerous precedent
has been set in this country where people get away
with conflict and
violence. At the end of it all you want to ask yourself
whether Mugabe can
survive without the use of violence? That is doubtful.” –
ZimOnline.
Wednesday 11 August 2010
MDC activists in
Shurugwi North have gone into hiding following continued threats on their lives
from the councillor and soldiers in their area. Mr Witness Chimunhu and his
wife, Shamiso, who is also the ward 14 chairperson, are being tracked on
allegations that they were mobilising people against the councillor, Glady’s
Nhema, Chief Nhema and the local MP, Francis Nhema.
An army captain,
Major Vhutoi, attached to operation Maguta in Gweru is leading the team that has
visited the Chimunhu residence on numerous occasions in search for the
two.
The two have been informed of this search by some sympathetic police
officers who gave Mr Chimunhu a copy of a letter written by the councilor to the
police and copied to the MP, and the Zanu PF DCC instructing the police to
arrest them.
In Mashonaland Central, an MDC activist in Shamva was on
Monday evicted from her rented one-roomed apartment in Shamva after the local
councillor threatened the landlady with unspecified action if her tenant
remained at the house. The MDC Shamva district secretary for local government,
Zvanyadza Chirige (30) has since relocated to Harare fearing for her life after
continued victimization and threats at the hands of a Zanu PF ward 22 councillor
Mai Mupeza.
Zvanyadza said she had lost her vending table three months
ago from the same councillor, with the help of Zanu PF youth and two other
women, Mai Masanzu and Mai Chimanga. After this she started using her mother’s
stall before the councilor again stopped her trade. “Clr Mupeza said if my
mother did not intend to use the stall then she should surrender it to council
and forced me to leave the stall. This was before she ordered my land lady to
evict me from the house,” Zvanyadza said.
She said that life was not easy
for her and her three children aged between 10 and two as selling wares was her
only means of livelihood. She reported the matter at Shamva police station but
no action has been taken.
--
MDC Information &
Publicity Department
Harvest House
44 Nelson Mandela Ave
Harare
Zimbabwe
Tel: 00263 4 793 250
http://www.zimtelegraph.com/?p=8472
By BONGI
DLODLO
Published: August 11, 2010
In 2006 NCA activist Nixon
Nyikadzino was bundled into a truck by soldiers
led by a Major Kembo. They
struck him on the head and eyes using clenched
fists while one of them took
a burning cigarette and burnt his body. His
abductors also started pulling
out his dreadlocks, resulting in a lot of
bleeding. He fled to South Africa
and spent nearly 4 years in exile but last
month Nyikadzino took a job back
in Zimbabwe. He speaks to SW Radio Africa
journalist Lance Guma about his
return, the political environment and the
coalition
government.
Interview broadcast 05 August 2010
Lance Guma: Hello
Zimbabwe and welcome to this edition of Behind the
Headlines. My guest this
week is an activist of note - his name is Nixon
Nyikadzino who works for The
Crisis in Zimbabwe Coalition.
Several years back he used to be a senior
member of the National
Constitutional Assembly (NCA) and went through the
horrors of what Zimbabwe
was and maybe is still right now, being tortured by
members of the Mugabe
regime.
He then fled to South Africa and worked
there for several years and he's now
back in Zimbabwe, under the coalition
government and the programme will
trace how this transition has been for
him. Mr Nyikadzino thank you so much
for being our guest this
week.
Nixon Nyikadzino: You are welcome Lance.
Guma: Right obviously
you will have seen I've tried to summarise and be as
brief as possible in my
introduction but, take us through what you went
through in Zimbabwe - maybe
start off with what your job was at the time and
what you went through
before you fled to South Africa.
Nyikadzino: By the time I left for South
Africa I was still a senior
employee of the National Constitutional Assembly
as a regional officer or a
person who was managing three provinces by then
which were 41 constituencies
in Zimbabwe in terms of actually pushing for a
new constitution.
So I was doing the expertise and management work on
behalf of the National
Constitutional Assembly. What led to my leaving
Zimbabwe was as a result of
abduction and torture that was actually
perpetrated by some ZANU PF state
intelligence personnel who were actually
employed by ZANU PF to come and
deal with me once and for all.
They
came to take me from my place in Glen Norah at about at about 8pm and
they
took me to another place while I was blindfolded, close to Bindura,
something that I later on realised at about 1 to 2 am the following
morning.
A lot of things happened; you remember, if you go through
the
communication that was sent to the African Commission on People's Rights,
you'll notice that a lot of things really happened, nasty things, some of
the things that I cannot even tell the listeners because they really, really
of people of nervous disposition because they were really nasty.
As a
result of that, the National Constitutional Assembly by then, assisted
by
other organisations, including my current chairperson now, Mr Jonah
Gokova
helped me to go and seek some special treatment in South Africa.
Because I
was a professional person, once I was there, I was being assisted
by
different organisations and Crisis in Zimbabwe Coalition, by then doing
also
just like the National Constitutional Assembly, saw it fit to engage me
in
doing some other kind of media consultancy for them, thereby realising
that
it was going to be an advantage for me to be in South Africa just to
seek
treatment and spend the whole day sitting.
And they ended up actually
taking my expertise and ploughing it back into
the Coalition, thereby
formalising my employment there and also formalising
my departure from the
NCA because literally what was supposed to happen was
that after three
months I was supposed to go back and work for the National
Constitutional
Assembly, so as a result of some headhunting and agreement
with the NCA I
later on joined the Crisis in Zimbabwe Coalition in South
Africa.
Guma: Now obviously from the trauma that you went through in
Zimbabwe to
life in South Africa, you probably also have an insight into
what it is like
to be a Zimbabwean in South Africa. What's the typical life
for a Zimbabwean
in South Africa - can you just summarise what they have to
go through?
Nikadzino: I can tell you because during my initial month in
South Africa I
was bearing the same brand just like any other refugee in
South Africa, the
only difference was that I hadn't decided to take up the
refugee status like
my colleagues but in terms of living conditions, because
I was living on a
very, very minimal stipend it was really difficult to
support my family back
here in Zimbabwe and also to support myself,
cognisant of the fact that
rentals are very high in South Africa, at times
even food is expensive but
it's available and that you always have
expenditure, you have to pay for
everything that you have to have.
So
as a result of that, I came through the kind of life that Zimbabweans
experience in South Africa - life whereby it's difficult to get
accommodation because you can't afford to pay, life whereby it's difficult
to get a loaf of bread just to eat it with water just because you can't
afford to pay for that loaf of bread, walking long distances to go and look
for work and when you get the work, the kind of wage you are given is not
even up to standard, it will only take you to buy your food or maybe look
for a small space that you can sleep and using your bag as a
pillowcase.
So under those circumstances, I think life continues to be as
difficult as
such for Zimbabweans living in South Africa and had it not been
because of
the conditions that were prevailing at that time and that
continue to
prevail now even under this inclusive government.
I don't
think any ordinary and reasonable Zimbabwean would so decide to flee
his or
her country to go to a place like South Africa because opportunities
even
for professionals are difficult to come by because there is a plethora
of
competition for those opportunities, both by the locals and Zimbabweans
and
other nationals who think that only greener pastures can be found in
South
Africa here in the African continent.
Guma: Now obviously, as I've said
in the introduction, you've since gone
back to Zimbabwe, working for the
Crisis Coalition, we like many other media
organisations, received the email
stating the new appointments that had been
made and you've moved from the
South African office to the office in
Zimbabwe. Now let me get your initial
reaction to the appointment at first
when you were told you would be posted
to Zimbabwe, did you have any
hesitation going back?
Nyikadzino: Of
course. For your information, this took a long period, by the
time people
began to receive the communication, the discussions had been
going on for
almost like more than a year so I was aware of the impending
relocation to
Zimbabwe, only that there were a lot of nitty gritties that
needed to be
dealt with, but in terms of the political situation that led me
to leave
Zimbabwe, I was still hesitant.
So I wanted to do an environmental scan
to make sure that the environment
would be capable of taking care of people
of our disposition since we are
victims, we are survivors of the
intransigent political situation that was
in place in Zimbabwe even before
27 June and as such you cannot just jump
into a country when you know that
you are like Daniel being thrown into a
den of lions so as such I had to
take that environmental scan and during
that particular period, that same
period where discussions were taking place
and you will remember that there
were several times when I was telling you
that I've just arrived from
Zimbabwe or I'm going to Zimbabwe.
So during those particular periods
when I was coming to work maybe briefly
for a week or briefly for two days,
I was trying to scan the environment, or
would try to get first hand
information from colleagues to find out whether
the situation had really
transformed positively for activists of our nature
and our capacity to be
able to come back and continue to do the kind of work
that we feel can be
done here in Zimbabwe in order to take Zimbabwe close to
where we can call
it a democracy.
Guma: So in terms of being back in Zimbabwe continuously,
how long have you
now been back home?
Nyikadzino: Now we are in
August I jumped in here, today is the 5th, so this
is 30 days in Zimbabwe
for me.
Guma: What would you say to people who are in a similar situation
Mr
Nyikadzino who have fled home and because of nostalgia and other factors,
relatives dying and things like that and they want to come back home, what
would you say to them?
Nyikadzino: What I would say for them is that
the difference that maybe,
mine is a conviction, that's why I am here. If it
had not been built on
conviction then I wouldn't have made that particular
decision to be here
because I almost died, I was almost killed but taking
that aside, I said let
me go back and see whether these people still have
the guts to kill me.
If they have the guts to do that, let them do it and
the world will be there
to see, but I've never held a knife against anybody,
never have I held a
sword against anybody, never have I held a gun against
anybody like what
they do. What I have held is the word of my mouth and the
pen that that
speaks the truth on behalf of the people here in Zimbabwe,
what every
Zimbabwean cherishes and if ever there are other Zimbabweans who
believe in
that and who think that they can and are prepared to come and do
so, then
let it be.
But for those who believe that they can also be
able to contribute to this
economy, to the fiscus through their handouts
that they send to their
relatives, through also capacitating themselves in
their respective
countries, I would rather think that we cannot all be
activists, neither can
we all be comrades, neither can we all be
revolutionaries. We must be able
to trust each other in our different
expertise and make sure that we
contribute and try to disintegrate this
regime, so that come the right time
when we will come, everyone would say,
would be able to say I have
contributed a piece to make this cake a very,
very sugary and a nice one.
Guma: And in the few weeks that you've been
back home Mr Nyikadzino, what's
your assessment as someone who was initially
outside the country and is now
back, what's your assessment of the coalition
government, is it working?
Nyikadzino: I'm happy that you had an
interview with Henry Olonga just
recently, and I went through that
interview, you know, the transcript and I
share the same sentiment and the
same analysis as Henry Olonga that what you
find is the accessibility of
commodities but inaccessibility of financing or
funds. People are not able
to have the funds. Those who used to get better
pay whereby they support the
majority of Zimbabweans, like the civil
servants - they get 250
dollars.
To rent a room in Glen View you need 50, between 50 and 100
dollars, you are
left with 150. School fees - at a boarding school if you've
got kids is 300
to 800 dollars so that money is not enough. Where do people
get the money to
buy food? Nobody can answer that. In terms of the service
delivery - we
still have problems with water, there's no water where I'm
staying
currently. I'm staying in the Avenues but I do not have access to
water and
currently we do not have access to electricity. It's actually a
celebration
for electricity to be there in your house or in your
apartment.
So in terms of the real transformation of the country itself,
it's still as
difficult as possible because you have to understand that for
hospitals to
be working right now it is because of donor agencies, but the
fiscus - if it
was as strong as it should be, should be able to actually
sustain the
education, the health and other areas of service delivery but
that is not
happening so we actually a hanging country with a government
that is
supposed to bringing in confidence, so what is helping people to
survive is
the hope of the 11th of September or 15th of September when the
inclusive
government came into place, when the Global Political Agreement
was signed
and so people are still satisfied that something can
happen.
It's not because they've got food on their table, not that
they've got
medication on their table, not that they've got water in their
houses, not
that they've got education for their kids that has got a better
curricular
but it is because on their table there is the hope that was given
by the
inclusive government, that come 2010, come 2011 things will be
better. And a
lot of people are hanging on that and if that hope does not
translate or
transform into really positive things that will bring bread and
butter
issues for the people on the table, I can assure you that people will
get
back to the same frustration that they've been in before the negotiated
settlement that we have.
Guma: And I'm also interested Mr Nyikadzino
in your take on the current
constitutional outreach exercise. We're
receiving reports of incidents of
violence in areas like Chipinge, in fact
the latest we are hearing is that
the MDC might be boycotting some of the
outreach meetings in protest at what
is happening. What's your take on this
and do you think in the end something
will come out of
it?
Nyikadzino: What we always do as civil society is to be a watchdog
but also
to push for the better. Everyone is aware that this process is
flawed but we
are trying to push for a better content. If the content is
going to reflect
the views of the people then maybe we might be able say let
us deal with
this for now so that things can move forward.
But for
the benefit of doubt, the truth still remains that the political
environment
does not allow for this process to move forward and the
political
environment still allows ZANU PF to use the state machinery to
actually
subjugate the views of the people and to suppress the people's
views and we
continue to receive several cases of violence, several cases of
intimidation.
Like in Nyanyadzi we understand that two weeks ago, war
veterans, actually
it's about seven days ago, war veterans wanted to disturb
a meeting, they
wanted to chase away the outreach team led by members of
parliament, only to
be saved by a snake that fell down from a tree and they
said that the spirit
medium's had intervened, thereby allowing the meeting
to proceed. So we
continue to see these manifestations of violence,
intimidation and
infiltration of fear amongst the people as a result of ZANU
PF's concrete
machinery of propaganda and machinery of intimidation and
violence.
So we don't think that the environment is to permit that to happen
but what
we must continue to do is to create checks and balances to push
forward to
make sure that certain things that we want to see happening can
happen and
if they don't happen come the time we are supposed to go for a
referendum, I
think civil society will be able to pass a verdict to say
whether this
process was worth it or if it was also a waste of people's
money and donors'
money - whether that money could have been used or
supplied elsewhere.
Guma: And my final question for you and we're running out
of time so if you
are brief in your answer, one of the editors at the
Zimbabwe Standard wrote
an article recently saying the crux of the Zimbabwe
crisis is the issue of
power transfer and in that article he argued that the
military junta in the
country is effectively in charge and that SADC and the
AU should address
this issue over, will the generals allow a transfer of
power should Mugabe
lose the next elections.
And he also further accused
the MDC of concentrating on minor issues like
Gono, Tomana etcetera,
etcetera and not addressing this issue of power
transfer. For someone
recently back, are you getting this? Is this is
something everyone is
talking about, that the military junta is running the
country?
Nyikadzino: Lance, let me be honest with you, one is we are
sympathetic to
some of the pro-democracy movements that we have in this
country like the
Movement for Democratic Change, the true fact of the matter
is that even
within the inclusive government we do not see that transfer of
power or
sharing of power. The power is still one-sided. Why it is so is
because JOC
or the Joint Operations Command is still in place, they are
operating in
some dark corridors, whilst the new one which is the National
Security
Council is not operational at all and they don't wield any
power.
And the true fact of the matter is that the power dynamics in Zimbabwe
is
militarised and where do you find the military? The military is
controlled
by ZANU PF and the events that have been taking place all along
can show you
that, or prove that the military people have been making
decisions even on
behalf of Robert Mugabe. There are certain events that
have taken place - if
you go to the parastatals, you see how militarised and
criminalised it is.
You'll find a kith and kin kind of arrangement whereby if
a family have got
a governor in Mashonaland West at GMB (Grain Marketing
Board) you'll find
the whole village working at GMB and you'll find that
there are people who
were in the youth militia who were paid there, people
who have been attested
into the army as youth militia who are also working
at GMB just making sure
that they plunder the national resources but also
they get to be safe so
they are working to create violence again next
time.
So it will continue to be a bit difficult in Zimbabwe because even if
we go
to an election next year and let's assume the MDC wins, the point or
the
question will be are the military people or is the military junta in
Zimbabwe led by a de facto leader called Robert Mugabe, is it going to
accept to transfer or to give power to that person. I still doubt -
no.
So the SADC must actually be concentrating more on security reforms and
also
trying to deal with the political environment, disengaging, dislocating
the
apparatus of violence because the apparatus of violence themselves are
being
coordinated by the military, by the militia and such coordination if
it is
not dealt with at regional level, at international level, we are still
going
to be revolving or recycling around negotiated settlement.
That is
if the military regime is going to accept another negotiated
settlement,
come next election, come the time when they accept that they
have lost, come
the time they will say no maybe we can continue to be in
actually a coup
d'état type of rule in Zimbabwe which will be more of a
pariah
state.
Guma: That was Zimbabwean activist Nixon Nyikadzino joining us on
Behind the
Headlines. Mr Nyikadzino thank you so much for your
time.
Nyikadzino: You are welcome.
To listen to audio of programme click
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http://swradioafrica.streamuk.com/swradioafrica_archive/bth050810.wma
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can be sent to lance@swradioafrica.com or
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By SANDERSON N MAKOMBE
The constitutional reform process
in Zimbabwe is limping heavily, with more
obstacles ostensibly lying ahead.
The process as envisaged by the GPA is
premised to culminate in a 2nd All
Stakeholders' Conference, which will
produce a draft constitution. The draft
constitution and accompanying report
are then tabled in parliament before
the draft is subjected to a referendum,
according to article 6 (C) V and
V11.The report and accompanying draft
constitution will be debated for a
month in parliament before being
subjected to a popular vote.
What role
parliament and the executive plays, with regard to their
legislative
authority, towards the draft constitution emerging from the All
Stake
holders' Conference, remain an elusive and controversial issue. This
is
further complicated by effects of the Referendum Act 1999 [2.10], which
provides the Executive President with unlimited powers over the process.
Sadly Zimbabweans have been left not any wiser because of the lack of
clarity on this matter in the GPA, or further directions from the Minister
of Constitutional Affairs, except the lingering silhouette legacy of the
Mushayakarara case. Nothing aptly demonstrate this quagmire and danger more
than the debacle of the Chidyausiku Commission in 2000.The Constitutional
Reform Commission ,appointed in terms of the Commission of Inquiries Act,
produced a draft constitution which was gazetted on 30 November 1999.This
Gazetted draft contained some clauses totally divergent from the original
draft. Exacerbating the situation, President Mugabe on 19 January 2000,
published a further draft which contained 44 so called 'Corrections and
Clarifications'. Principally included was a new clause on 57, a clause
allowing the state to compulsorily acquire land without compensation.14 of
the 44 Corrections and Clarifications actually substantially altered
original clauses of the draft constitution, before it was subjected to a
referendum.
Shortly the after rejection of the draft in a referendum on
February
12-13, 2000, the amended Section 57 [on compulsory acquisition of
land] of
the draft found expression in the constitution through ZANU PF
fourth
parliaments' last act in tenure through amendment No 16.The amendment
of the
draft was the subject of litigation in the Mushayakarara case which I
will
discuss later.
The constitution of Zimbabwe provides in Section 32
that the legislative
authority of Zimbabwe 'shall vest in the legislature,
which shall consist of
the President and Parliament. Furthermore, Parliament
is given sole
responsibility 'to amend, add or repeal any provision of the
constitution by
Section 52.The procedure for making law [through enactment,
repealing and
adding] is that subject to a quorum of a simple majority of
both houses,
legislators can make or amend any law, including constitutional
law. The
threshold barrier of simple majority is raised to absolute majority
if the
bill under discussion is a constitutional amendment bill by Section
52
[c].The authority to amend the constitution, is like other laws, vested
in
parliament.
The heading under Section 52 of the Zimbabwe constitution
is 'Alteration of
the Constitution', which is expanded by 52[1] to mean
'amend, add to or
repeal'. Under Section 113 on Interpretation, 'amend' is
defined as to
include 'vary, alter, modify or adapt'. Analogous terminology
is used in
Kenya's constitution. [Which also became a focal point of
litigation in the
Kenyan High Court]. Section 47 of the Kenyan constitution
states 'Parliament
may alter the constitution'.Furthermore, alteration is
defined as to mean
'amendment, modification or enactment of a provision or
the suspension or
repeal of such a provision or the replacement of a
provision of the
constitution.' A strict interpretation of the aforesaid
point to the fact
that Section 52,like Kenya's section 47, does not empower
parliament to make
wholesome changes to a constitution, nor revoke it, but
rather empowers
parliament to make piecemeal changes to the constitution.
The roots of the
verbs amend, alter, adapt and modify signify a moderate
change to an
existing structure, short of overhauling it.
This point is
very relevant when the current constitutional reform process
reaches the
stage when the draft will be tabled before parliament. The
crucial question
is whether parliament will treat the draft as any other
constitutional bill,
with powers to amend, add or modify using legislative
powers under Section
52?Principally if the bill is considered as any other
amendment bill, it
renders the whole logic of public participation and
constituent power
irrelevant,disempowering the citizenry who ought to author
the constitution,
whilst effectively ensuring that sectional interests of
the major political
parties will dominate the debate in parliament.
There is a school of thought
recognising that writing a new constitution is
not the same as making
constitutional amendments, as reform is deemed as
seeking to substitute
the whole constitutional make up with a new
constitutional order. Alteration
on the other hand, is understood to be a
process of changing certain clauses
in a constitutional document without
necessarily substituting the whole
document. The current Zimbabwean
constitution provides in express terms the
procedure for amending the
constitution. It provides that a constitutional
amendment has to be affirmed
by two thirds of both Houses of Parliament.
Precedent has shown that this
express provision applies solely to amendments
as opposed to wholesale
reform of the constitutional order. As of now, the
original Lancaster House
constitution has been amended 19 times in 30
years.
Put in other words, does the constitution of Zimbabwe allow parliament
to
revoke it [constitution]? Probably not. Parliament in its ordinary
legislative process cannot formulate a new constitutional reform bill and
pass it as it does not have the power to do thus. In other words, the
constitution did not provide on the process of bringing a new constitution
into life. [Before the GPA, which found expression through amendment No
19].
Therefore if this school of thought is adopted, it means that parliament
as
it stands right now does not have any powers to effect or give effect to
a
new constitution. Some constitutions have entrenched the process in the
constitution, recognising and providing for its own total replacement. Not
only does the entrenchment provide the power to replace, it also crucially
provides the process and stages to be followed when a new constitution is to
be enacted. The logic behind this reasoning is that parliament itself is a
product of the constitution; therefore it has no power to bring the same
into life. The power to replace the constitution vests directly in the
people themselves and cannot be exercised by parliament on their behalf.
Theorists refer this as constituent power of the people. They note the
constituent power can only be exercised through constituent assemblies
elected directly by the people with express mandate to replace the
constitution with another. It has also been recognised that a constituent
power can also be expressed through a referendum, a process which the
Zimbabwean constitutional reform process has adopted. Therefore what's the
essence then of tabling the draft in parliament when the constituent power
vests in the referendum. If this holds water, any provisions in the draft
that parliament want resolving or further consultation must be returned to
the All Stakeholder Conference for further deliberations and adopted as such
by such a body tasked to produce the draft constitution.
Parallel to this
thought are those who want to recognise that parliament in
exercise of its
unquestionable absolute legislative power as provided under
section 32 and
52 was constitutionally authorised to alter any part of the
constitution and
therefore, all sections of the constitution. They recognise
that parliament
has unlimited authority to alter the constitution, section
by section which
in totality would amount to replacing the constitution with
a new order.
Already parliament has effected far reaching constitutional
changes since
1980 which include changing the form of government from a
Prime Ministerial
Westminster type to executive presidency, abolishing
bicameral legislative
body in the late 1980, and then back again to
bicameral in 2007.The 19
amendments have substantially altered the original
document, though short of
overhauling it.
However, the first interpretation sounds more logical and in
tandem with
modern democratic principles. It remains a fact that parliament
on its own
cannot write a new constitution for us, that would actually
amount to a
revolution. Two cases in Kenya confirmed this interpretation in
the High
Court. First was the Ringera Judgement and secondly, the Ngamu
Judgement. On
a point of law, different sittings in the High Court ruled
that the current
Kenyan constitution did not allow parliament to revoke it
or establish a new
constitutional order, vide section 47, which is very
similar to Zimbabwe's
section 52.
Therefore it is imperative that that
the Justice Minister explains to the
nation what role parliament will play
when the draft is presented before
them and if they have powers to amend,
alter or modify the draft before it
is submitted to the referendum. As
happened in 2000, what powers also does
the executive have on the draft
before it is submitted to the referendum.
The danger is that, in worse case
scenario, we are going to end up with the
Kariba draft. How?
In the
Mushayakarara and Obey Mudzingwa Vs Chidyausiku petition, Justice
Bartlett
was asked to adjudicate on the powers of the President as provided
by the
Referendum Act. He ruled then that the Referendum Act 1999 did not
require
the President to put before a referendum a constitution approved by
the then
Constitutional Commission. In other words, he [President] was
entitled to
put any draft to the electorate and it was up to the electorate
to affirm or
reject that draft. Alarmingly, for the current process, Justice
Bartlet
further ruled that the President through the Referendum Act is
entitled to
make any corrections, clarifications, alterations or amendments
to the draft
constitution if he so wishes and does not even need the
approval of
parliament or any other institution for that matter!
This still stands as
good law and the current process envisaged by the GPA,
which requires a
referendum will be held through the Referendum Act, a law
principally
administered by the executive. Yes, we could end up with the
Kariba draft or
whatever ZANU PF so wishes. The MDC should have pushed for a
robust process
under article 6 of the GPA removing the president's power to
amend the
draft.
To curtail such excesses, the following could provide a smoother
passage for
the draft, if ever it will be produced!
1. The Referendum Act
must be repealed before the next referendum, removing
unlimited powers for
the presidency to interfere with the process.
2. Parliament must not be
allowed to modify, amend, and alter any provisions
of the draft constitution
before it is subjected to a referendum. Such task
must be done by the
drafting organ of the all stakeholders' conference after
shifting through
materials from thematic committees. The three principals
could agree on this
principle.
3. Next constitution must also provide for its own overhauling
expressly and
the stages necessary to affect a constitutional
changeover.
The writer can be contacted on smakombe@btinternet.com