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Sadc summit: Zanu PF, MDCs poles apart

http://www.theindependent.co.zw

Friday, 12 August 2011 12:10

Faith Zaba

ZANU PF and the two MDC formations came out miles apart yesterday on what
the Southern African Development Community (Sadc) should do at its annual
summit in Luanda, Angola, to end the decade-long political crisis in
Zimbabwe.
While the summit is another opportunity for the MDC formations, one led by
Prime Minister Morgan Tsvangirai and the smaller one headed by Professor
Welshman Ncube, to push President Robert Mugabe to fully implement the
global political agreement, Zanu PF says the only thing that Sadc can do is
to advise and suggest ways of dealing with the outstanding issues.

Zanu PF spokesperson Rugare Gumbo said the MDCs expected too much from Sadc,
forgetting that the regional body could not dictate anything to Zimbabwe
because it was a sovereign state.

“It is naivety. They don’t understand or they don’t know how the regional
body works. Sadc cannot get a whip and tell President Mugabe what to do. The
sooner they realise that the solution comes from us — it comes from internal
political parties the better”, he said.

“The least that Sadc can do is to advise and suggest certain ways of doing
things. We don’t expect Sadc to do anything because we are a sovereign state
and we can’t have anyone dictating to us what to do.”

But MDC-T spokesperson Douglas Mwonzora said Sadc should help Zimbabwe
address critical issues that have not been agreed on such as security sector
reforms, restaffing of the Zimbabwe Electoral Commission (ZEC) and putting
an end to state-sponsored violence, which he added were fundamental in
ensuring that fresh elections are credible, free and fair.

“There has not been any implementation or movement since the last summit at
Sandton in Johannesburg, South Africa, in July and since the last Sadc
summit in Nambia. Sadc has to act now,” Mwonzora said.

“Sadc has to help us address the outstanding issues and put pressure on Zanu
PF and Mugabe to do what is right. Zanu PF has been acting in bad faith.”
Mwonzora said there were three key principles in the roadmap to free and
fair elections, which the political parties in the inclusive government have
failed to agree on.

He said without addressing the three key issues — security sector reforms,
restaffing of ZEC and state sponsored violence — the roadmap would be
incomplete and could not be adopted by Sadc in its current state.

On security sector reforms, the two MDC formations’ position is that the
securocrats should issue a public statement stating that they will
unequivocally uphold the constitution and respect the rule of law in the
countdown to and after an election or referendum, while Zanu PF contends
this issue was not an election matter.

MDC-N’s position is that the military personnel should go back to the
barracks, while MDC-T says there should be a demilitarisation of state
institutions and the withdrawal of other security personnel unlawfully
deployed countrywide.

Mwonzora said: “There is a lack of understanding on what is meant by
security sector reform. This is a deliberate misunderstanding by Zanu PF.
Zanu PF wants to posture security sector reform as an attempt to interfere
with the command of the military — that is not the case.

“Security sector reform is meant to remove bias, partisanship and
unprofessionalism on the part of the securocrats.”

However, Gumbo disagrees, saying the issue should not even be brought before
Sadc for discussion.

“Security sector reform is a no go area. We don’t expect security issues to
be discussed by political parties and we don’t expect Sadc to discuss it,”
said Gumbo.

Top military officials have declared that they will not salute anyone
without war credentials. The most recent pronouncement was made by commander
of 3 Infantry battalion, Brigadier-general Douglas Nyikayaramba, who said
Tsvangirai will never rule this country.

Gumbo also said another issue that should not be discussed is the restaffing
of the ZEC.

“That is another issue that is out of the discussion. As political parties,
we can’t be appointing ZEC personnel — they should forget about it,” said
Gumbo.

While MDC-T wants the recruitment of ZEC staff to be done afresh, MDC-N says
ZEC staff hiring must be non-partisanship and transparent.

Mwonzora said: “On the staffing at ZEC, MDC believes that an election is a
civilian process and as such it must be presided over by a civilian
institution in the form of ZEC.

“ZEC must be manned by a completely civilian and non-partisan secretariat.
The current staff was singularly appointed by Zanu PF.”

“So it will be impossible to have free and fair elections with that kind of
a secretariat.”


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Mugabe Lobbies Regional Leaders to Stave Off Summit Reform Call

http://www.voanews.com/

11 August 2011

Southern African liberation movement leaders met in Namibia to discuss ways
of consolidating the gains of the struggle and how to rebuff "persistent
attempts by the West to meddle in Africa's internal affairs"

Blessing Zulu | Washington

Zimbabwe President Robert Mugabe was in Namibia on Thursday to meet with
leaders and senior officials of Southern African liberation parties now in
power, lobbying to stave off reforms likely to be proposed by Harare
mediator and South African President Jacob Zuma at the regional summit
coming up next week in Luanda, Angola.

Mr. Mugabe met late Wednesday with his Namibian counterpart, Hifikipunye
Pohamba, at Namibia's State House ahead of a gathering that kicked off
Thursday. He was to meet Tanzanian President Jakaya Kikwete on Thursday
evening, sources said.

Sources said Mr. Mugabe will also meet senior delegates of other liberation
parties such as FRELIMO in Mozambique, Namibia’s SWAPO, the MPLA of Angola,
South Africa’s African National Congress, UNIP of Zambia and Chama Cha
Mapenduzi of Tanzania.

The movements are discussing ways of consolidating gains of the liberation
struggle as well as how to “confront the challenges facing the region in the
wake of persistent attempts by the West to meddle in Africa's internal
affairs.”

An advance team sent by Mr. Mugabe's ZANU-PF, led by its youth league, said
the West is using SADC as a mechanism to effect regime change in Harare.
ZANU-PF officials pointed to the call for reform of Zimbabwe's military and
other security branches, sought by the former opposition Movement for
Democratic Change, as evidence.

SADC regional leaders are likely to press ZANU-PF to introduce security
sector reforms and to accept postponement of elections until 2012, among
other key issues.

Hardliners in ZANU-PF led by strategist and former information minister
Jonathan Moyo are still pushing for elections this year. They say enemies of
Zimbabwe are using SADC to delay elections to make it more difficult for Mr.
Mugabe, 87, to seek re-election.

ZANU-PF spokesman Rugare Gumbo told VOA reporter Blessing Zulu that
elections must be held this year. International Affairs Secretary Jameson
Timba of the Movement for Democratic Change formation of Prime Minister
Morgan Tsvangirai said SADC leaders must press Mr. Mugabe and ZANU-PF for
critical reforms without delay.

Political analyst Trevor Maisiri said Mr Mugabe’s lobbying of his peers in
the upper ranks of the regional liberation movement is unlikely to deflect
pressure for reform.


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Zuma's final push

http://www.dailynews.co.zw

By Staff Writers
Friday, 12 August 2011 13:21

HARARE - South African president Jacob Zuma’s facilitation team yesterday
took a final nudge to get Zimbabwe’s warring political parties to narrow
differences ahead of next week’s summit of regional leaders in Angola.

The team was in the country yesterday meeting various political players,
including civil society, before compiling a final report before the Sadc
Luanda summit.

Zuma was mandated by Sadc to mediate between President Robert Mugabe and
Prime Minister Morgan Tsvangirai to ensure a free and fair election
following a disputed presidential election run-off in June 2008.

One of Zuma’s facilitators Lindiwe Zulu told the Daily News that Zimbabwe’s
grinding political stalemate will be on the Luanda meeting agenda despite
efforts by Zanu PF to push Sadc to drop the matter.

Sadc executive secretary Tomaz Salomão also confirmed to the Daily News that
Zuma will remain the 15-nation bloc’s point man despite efforts by Mugabe’s
top allies to have the no-nonsense South African leader removed as mediator.

The facilitation team led by Zulu, who is Zuma’s special advisor on
international affairs, was not readily available to comment on the mission.

But knowledgeable sources said Zuma is under pressure to ensure progress.

Zuma’s latest bid to find a solution comes as it emerges that Sadc is sick
and tired of the Zimbabwe issue and want it resolved once and for all.

Zuma’s team discussed with the civic society, the impact of political
violence especially on women, the selective application of the law, the
conduct of the security forces and the staffing of the Zimbabwe Electoral
Commission (ZEC) which is said to be full of Zanu PF-aligned state agents.

While Zuma’s team was conducting its meetings, Tsvangirai’s party was
drumming up regional and international support to deal with “rogue” military
generals whose growing appetite for political influence threatens the
Sadc-led peace process.

Tsvangirai’s secretary for international relations and cooperation, Jameson
Timba, met with African diplomats before meeting non-African diplomats
yesterday to spell out his party’s expectations from the Sadc summit.

Timba told the diplomats the MDC would push for Sadc to take a firm position
on the role of military generals in political processes.

“We believe that time has come for Sadc to pronounce itself on this matter
(security sector reforms). Sadc needs to make it clear that in terms of its
treaty, the military has got no role to play in political processes and that
Sadc stands ready to protect and defend the democratic will of the people of
Zimbabwe,” Timba told the diplomats.

He warned that Sadc’s non-action on Zimbabwe’s “rogue” generals could affect
the whole region.

“If not resolved, there is a real risk or possibility that Sadc’s order,
peace and security will be threatened, not to say the dire consequences that
will visit the citizens of Zimbabwe,” he said, adding that his party would
not agree to an election before security sector reforms.

“I urge Sadc to insist that security sector realignment must be undertaken
as a precondition for the holding of free and fair elections. Sadc needs to
make it clear that it will not recognise the outcome of any election where
the military plays any role before, during or after that election”

Timba dismissed attempts by Zanu PF to have Zimbabwe removed from the Sadc
agenda as a futile attempt saying doing so would be a great blow for
regional efforts to end the Zimbabwe crisis.

“Your Excellences, we are equally concerned by efforts being made to remove
Zimbabwe from the main summit agenda,” Timba said.

“We wonder how the Troika chairperson is going to be able to report to the
main summit if Zimbabwe is removed from the main summit agenda. We are also
concerned that if the roadmap, as currently crafted, albeit with some areas
of disagreements, is not formally adopted by the summit, then individual
parties within the coalition may disown it,” Timba added.


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Summit won’t sanction parties: analysts

http://www.zimonline.co.za/

by Edward Jones     Friday 12 August 2011

HARARE – Zimbabwe’s political rivals will attend the Southern African
Development Community (SADC) next week ever more divided over a roadmap to
fresh elections but the regional bloc is unlikely to sanction any of the
parties but would rather encourage them to speed up with reforms.

The southern African country has been a top subject at every SADC summit
since 2008 following the violent re-election of veteran Present Robert
Mugabe, which embarrassed even the staunchest supporters of the octogenarian
leader.

The SADC troika will meet first on Monday, a day before the main summit,
where it will discuss progress made by Mugabe’s ZANU-PF, Prime Minister
Morgan Tsvangirai’s Movement for Democratic Change (MDC) and another
splinter MDC faction in coming up with a timeline leading to new elections.

The parties will go into the Heads of State summit on Tuesday again divided
on the two main contentious issues of the roadmap -- security sector reform
and staffing of the Zimbabwe Electoral Commission (ZEC).

“We have seen SADC increasingly taking a much bolder stance, especially in
regards to ZANU-PF’s obstinacy but I do not see them going beyond a
communiqué urging the parties to agree on a roadmap probably before the end
of the year,” John Makumbe, a University of Zimbabwe senior political
science lecturer said.

“This is not to say that in the summit meeting itself, some hard truths will
not be told. It is also clear that there is fatigue over Zimbabwe’s
problems.”

The MDC wants ZEC to employ new staff and discard existing workers inherited
from the previous commission, arguing that most of the employees are state
security agents working to prop up Mugabe.

The former opposition party says the security services need urgent reform to
ensure that its members are not involved in politics because several service
chiefs openly support Mugabe and ZANU-PF, threatening to stop the MDC from
taking power even if it wins the next election.

Mugabe has previously pushed for elections this year although officials from
his party says this is now impossible and while political analysts say the
election call is meant to keep his shock troops – war veterans and youth
militia – ready and to outflank his opponents.

Tsvangirai has threatened a boycott if Mugabe unilaterally calls for new
elections and says a new constitution, changes to the electoral and security
laws and the reform of the security services are fundamental before the next
polls are held.

South African President Jacob Zuma is SADC’s point man on Zimbabwe. He will
also become the troika chairman after Tuesday’s meeting, a position that
Mugabe and his ZANU-PF party are against and are lobbying to be changed at
the summit.

Diplomats say Zuma and his facilitation team want a fair and violent free
election north of their border as Pretoria wants to act against another
flood of immigrants from Harare and the troika chairmanship comes at a
strategic time for Africa’s largest economy as Zimbabwe readies for
elections, most probably next year.

“South Africa had an opportunity to chair the troika last year but they let
it pass opting to have it this year as your country prepares for the next
elections,” a SADC diplomat based in Harare said. “I have no doubt that
South Africa believes it wields greater influence and can exert more
pressure on the political players during this home stretch as it were,” said
the diplomat.

Zimbabwe’s unity government, although fragile, has managed to ease an
economic crisis that pushed inflation to 5 billion percent, unemployment to
more than 80 percent and led to shortages of basic commodities.

But hope has long turned to anger over the slow pace of reforms, heavy
handed policing and high levels of poverty as investors shy away from a
country rich in minerals, including the world’s second largest reserves of
platinum and what is thought to be the biggest diamond find in recent
times. -- ZimOnline


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Civic leaders deported from Angola ahead of SADC summit

http://www.swradioafrica.com

By Tererai Karimakwenda
12 August, 2011

Events leading to a meeting of Southern Africa Development Community (SADC)
leaders in Angola next week took a dramatic turn on Thursday when a
delegation of civic society leaders were detained and then deported upon
arrival in Luanda. Two journalists from Mozambique were also deported.

SADC leaders are due to hold a critical meeting in Luanda focusing on the
political crisis in Zimbabwe and other member states. But attention turned
to the deportation of several civic groups, known collectively as the
Regional Apex, who had travelled to Angola for the Southern Africa Civil
Society Forum. The event is held annually along the sidelines of the SADC
Heads of State Summit.

No explanation was given for the deportation despite the fact that the civic
gathering had been authorized by Angola’s government. Official notices
promising visas upon arrival were ignored. The authorities also cancelled
the accommodation and planned meetings of the delegations.

A statement by the Apex group said they “condemn in the strongest possible
terms” the detention and subsequent deportation of the leaders at the
airport. “And this act also flies in the face of the tenets of the Protocol
on the Facilitation of movement of persons to which many SADC member states
are signatory,” it added.

Those deported include officials from SADC’s own Council of Non Governmental
Organizations (SADC-CNGO) and its executive director, Abie Ditlhake. The
Executive Secretary of the Southern Africa Trade Union Coordination Council
(SATUCC) Austin Muneku, was also denied entry.

The Regional Apex “views this incomprehensible act by the Angolan government
as a blatant attempt to deny leaders of civil society an opportunity to
interact with and add voice to SADC structures,” the statement said in part.

The Apex groups called on regional leaders attending the summit “to suspend
the impending chairpersonship of SADC by Angola until full compliance with
the provision of SADC Treaty and other protocols”.

The news came amid concern that Robert Mugabe and ZANU PF will attempt to
influence SADC leaders to replace South Africa’s President Jacob Zuma as the
chief mediator on the Zim crisis, diverting attention from their own abuses
and refusal to fully implement the GPA.

The state run Herald newspaper quoted an unnamed “government official” who
said there would be a conflict of interest if Zuma remains facilitator when
he takes over as head of Organ on Security of the Troika, at the summit next
week.

The Herald suggested Zuma should not play both roles. But this was dismissed
by Lindiwe Zulu, spokesperson for the facilitation team, who said the
President can take on both roles with no problem. SADC’s executive secretary
Tomaz Salomao, also said that Zuma’s role was not up for discussion at the
Luanda summit.

Thursday’s Herald kept the focus on Zuma’s role, by dismissing Salomao and
calling him an “executive secretary who does not make decisions on behalf of
the bloc.” The paper again quoted unnamed government official.

The issue is due to be tackled by the Heads of State next week, as the
battle lines in the Zimbabwe crisis continue to shift.


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Southern African NGOs Press SADC Leaders on Human Rights Guarantees

http://www.voanews.com

11 August 2011

Activists voiced concern about what they said was harassment and even
killings of human rights defenders, denial of the right of citizens to take
part in political processes, and violence against women, children and others

Sandra Nyaira | Washington

Non-governmental organizations in Southern Africa are stepping up pressure
on regional leaders meeting in summit next week in Angola to take a firmer
stance on the protection of human rights in countries such as Malawi,
Swaziland, Angola and Zimbabwe.

Civic groups, after discussions in Johannesburg this week, have issued a
collective communique ahead of the Southern African Development Community
summit, expressing concern about deteriorating conditions  in those nations
and the Democratic Republic of Congo where they say the democratic space for
NGOs is contracting.

Activists in their statement voiced concern about what they said was
harassment and even killings of human rights defenders, denial of the right
of citizens to take part in political processes, and violence against women,
children and others.

"We note with deep concern the deteriorating political situation in the
Democratic
Republic of Congo, Madagascar, Malawi, Swaziland and Zimbabwe," the groups
said.

Charging a lack of urgency on the part of SADC and the African Union to
address the evolving political situation in the region's problematic
countries, the NGOs urged SADC leaders on to "recognize the DRC, Malawi,
Swaziland, Zimbabwe and Madagascar as problem cases that require [their]
urgent attention" in light of the "precarious political situation and
deteriorating human rights [conditions[ in these countries."

For perspective on rights issues in Southern Africa, VOA Studio 7 reporter
Sandra Nyaira turned to Karen Alexander, political governance program
manager with the Institute for Democracy in Africa, and conflict resolution
expert Martha Mtisi, both in South Africa.

Alexander said most governments in the region are deeply entrenched, so SADC
has lagged behind some other African regions in guaranteeing human rights.
Mtisi said civil society must keep pressure on SADC heads of state regarding
rights issues.


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SADC GPA Monitoring Team Ready For Deployment

http://www.radiovop.com

Harare, August 12, 2011 ---South African President Jacob Zuma’s facilitation
team on Thursday informed the Joint Monitoring Committee (JOMIC) that a
regional team meant to bolster its operations will be deployed soon
following the completion of its terms of reference.

An urgent Southern African Development Community (SADC) summit held in
Pretoria South Africa in June recommended that a three member team must be
deployed in Zimbabwe to help JOMIC effectively monitor the implementation of
the Global Political Agreement (GPA).

This followed concerns that JOMIC was failing to deal with violations of the
GPA mainly by Zanu (PF) activists who continue to engage in politically
motivated violence.

Zuma’s facilitation team was in Harare for a routine monthly meeting with
JOMIC where they made the announcement about the SADC team.

“It was a routine meeting but the significant thing that was said by the
facilitation team is that the SADC team is now ready for deployment after
their terms of reference were drafted,” said a JOMIC official.

“The facilitation team said the issue will now be discussed at the SADC
summit and hopefully the deployment will follow soon after the summit.”

The SADC Heads of State and government summit will be held in Luanda, Angola
on August 17 -18.

Zimbabwe, Madagascar, Swaziland and the Democratic Republic of Congo will
once again be top of the agenda. The JOMIC official revealed that the SADC
team will be drawn from Zambia, Mozambique and South Africa.

Their deployment is likely to put pressure on Zanu PF to comply with the
power sharing agreement as the interparty committee is empowered to
investigate incidents of political violence on the ground.

JOMIC is currently dealing with the displacement of MDC-T supporters in
Chimanimani after they were attacked by Zanu PF supporters, violence in
urban areas such as Mbare in Harare and the invasion of commercial farms.

Zanu (PF) hardliners such as Jonathan Moyo tried to stop the deployment of
the SADC team saying it would amount to interference in Zimbabwe’s internal
affairs.

Meanwhile Zuma’s facilitation team also met civil society, which tabled its
position on the elections roadmap ahead of the SADC summit.

“During the meeting the facilitation team was handed a critique of the
Electoral Amendment Bill , civil society proposed roadmap to the holding of
elections in Zimbabwe, Women’s Coalition’s roadmap and a report on security
sector reform entitled, “The Military Factor in Zimbabwe’s Political and
Electoral Reforms,” Crisis Coalition in Zimbabwe said in a statement after
the meeting.

Civil society said at the SADC summit it will raise issues of political
violence against women, the selective application of the law, the meddling
by security forces in politics, deployment of soldiers to campaign for Zanu
PF, the staffing of the Zimbabwe Electoral Commission and the lack of an
environment conducive for free and fair elections.


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Police visit offices of the Zimbabwe Independent

http://www.thezimbabwean.co.uk

The VMCZ expresses grave concern at the request to question the Editor of
the Zimbabwe Independent, Mr. Chimakure and Senior Political Reporter,
Wongai Zhangazha this week by the Zimbabwe Republic Police (ZRP).
12.08.1112:25pm
by MISA

The intentions of the police, as reported in the Zimbabwe Independent on 12
August 2011, is to ask the two journalists to ‘assist with investigations’
by revealing the sources of a story on the National Youth Service published
in the same paper on July 8 2011.

The visit to the offices of Alpha Media Holdings (AMH) , who are the
publishers of the Zimbabwe Independent, by detectives from the CID Law and
Order Section, can only be viewed as an act of intimidation of the media by
the ZRP.

The premise of the visit, which was reportedly to seek to have the two
journalists reveal their sources for the story in question is patently
undemocratic and is against the spirit and letter of Section 20 of Zimbabwe’
s Constitution, Article 9 of the African Charter on Human and Peoples Rights
as well as Article 19 of the Universal Declaration of Human Rights all of
which guarantee every Zimbabwean the right to receive and impart
information.

Further to this, the act by the police of seeking out sources of news
stories from journalists undermines the basic tenet of freedom of
information in a democratic society wherein it is expected that all
‘whistleblowers’ that leak information in the public interest should not
face arrest.

The story on the National Youth Service is in the public interest as it
affects parents, guardians and all young people in Zimbabwe. The intentions
of the CID Law and Order Section in seeking the sources of the stories from
the two journalists are unfortunate and potentially sinister in intent.

It is a cardinal rule that journalists do not reveal their sources if the
latter choose not to want to be known publicly. UNESCO and international
media freedom organisations such as Article 19, the Media Institute of
Southern Africa, through model Freedom of Information Acts and in the
Windhoek Declaration on Promoting an Independent and Plurastic Media (1991)
have recognised access to information as vital to the construction of
democratic societies.

This includes the protection of journalists from being forced to reveal
their sources together with the protection of ‘whistleblowers’ of
information that is in the public interest.

The VMCZ therefore calls upon the inclusive government, in particular the
Ministries of Justice and Legal Affairs, Home Affairs and Media Information
and Publicity to urgently review the Official Secrets Act, the Access to
Information and Protection of Privacy Act together with the Criminal Law
(Codification and Reform) Act and repeal sections in them that seek to
criminalise the media profession, whistleblowing and the right freedom of
expression as well as access to information.


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VMCZ on police visit to Zimbabwe Independent



Issue Date: 12 August 2011

VMCZ Statement  on police visit to the offices of the Zimbabwe Independent.

The VMCZ expresses grave concern at the  request to question  the Editor of
the Zimbabwe Independent, Mr. Chimakure and Senior Political Reporter,
Wongai Zhangazha this week by the Zimbabwe Republic Police (ZRP). The
intentions of the police, as reported in the Zimbabwe Independent on 12
August 2011, is to ask the two journalists to ‘assist with investigations’
by revealing the sources of a story on the National Youth Service published
in the same paper on July 8 2011. The visit to the offices of Alpha Media
Holdings (AMH) , who are the publishers of the Zimbabwe Independent ,  by
detectives from the CID Law and Order Section, can only be viewed as an act
of intimidation of the media by the ZRP.

The premise of the visit, which was reportedly  to seek to have the two
journalists reveal their sources for the story in question is patently
undemocratic and is against the spirit and letter of Section 20 of Zimbabwe’
s Constitution, Article 9 of the African Charter on Human and Peoples Rights
as well as Article 19 of the Universal Declaration of Human Rights all of
which guarantee every Zimbabwean the right to receive and impart
information. Further to this, the act by the police of seeking out sources
of news stories  from journalists undermines the basic tenet of freedom of
information in a democratic society wherein it is expected that all
‘whistleblowers ’ that leak information in the public interest should not
face arrest. The story on the National Youth Service is in the public
interest as it affects parents, guardians and all young people in Zimbabwe.
The intentions of the CID Law and Order Section in seeking the sources of
the stories from the two journalists are unfortunate and potentially
sinister in intent.

It is a cardinal rule that journalists do not reveal their sources if the
latter choose not to want to be known publicly. UNESCO and international
media freedom organisations such as Article 19, the Media Institute of
Southern Africa,  through model Freedom of Information Acts and in the
Windhoek Declaration on Promoting an Independent and Plurastic Media (1991)
have recognised  access to information as vital to the construction of
democratic societies. This includes the protection of journalists from being
forced to reveal their sources together with the protection of
‘whistleblowers’ of information that is in the public interest.

The VMCZ therefore calls upon the inclusive government, in partic ular the
Ministries of Justice and Legal Affairs, Home Affairs and  Media Information
and Publicity to urgently review the Official Secrets Act, the Access to
Information and Protection of Privacy Act together with the Criminal Law
(Codification and Reform) Act and repeal sections in them that seek to
criminalise the media profession, whistleblowing and  the right freedom of
expression as well as access to information.

Ends.

Loughty Dube

Advocacy  and Complaints Officer

Voluntary Media Council of Zimbabwe


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Tsvangirai fraud scandal deepens

http://www.theindependent.co.zw

Friday, 12 August 2011 12:24

Dumisani Muleya/Faith Zaba

THE fraud scandal in which Prime Minister Morgan Tsvangirai and his close
relative Hebson Makuvise are accused of misappropriating US$1,5 million in
public funds meant to buy a house for the premier in the up-market Highlands
suburb in Harare has deepened as new information obtained this week further
shed light on the high profile case.
Latest details clearly show that there were two different sums of money
released  from Treasury and the central bank to buy the same state-owned
property, located at No 49 Kew Drive in Highlands.

One part of the amounts — US$1,5 million given to Tsvangirai — was allegedly
siphoned off by the premier and Makuvise. A team of detectives from the
Criminal Investigation Department (CID) has opened a criminal docket and are
probing the case also being handled personally by Police
Commissioner-General Augustine Chihuri.

Details show Minister of Finance Tendai Biti in his 2010 national budget
presented in November 2009 set aside US$1 million for the house. The money
from Treasury was used to buy the property and for renovations. This has
been confirmed by officials at the Exchequer’s.

At the same time, Tsvangirai was given US$1,5 million by government through
the Reserve Bank of Zimbabwe (RBZ). The money was approved by President
Mugabe on November 13 2009, after a request by Tsvangirai through RBZ
governor Gideon Gono for it to buy a house to live in. This followed
Tsvangirai’s failure to move into State House or Zimbabwe House, apparently
after being blocked by Mugabe.

“There were two sums of money released in November 2009 to buy a house for
the prime minister. One amount came from Treasury and the other from the
RBZ. The money from Treasury was used to buy and renovate the property in
Highlands, while funds from RBZ were apparently misappropriated,” a senior
government official said. “The trouble is that the Minister of Finance was
not aware of the money from the RBZ since the prime minister had arranged
that separately.”

Documents show Tsvangirai requested for money to buy a house and it was
cleared by Mugabe on November 13 2009. Although the premier had requested
much more he only got US$1,5 million for the purchase and renovations of the
house. It was also agreed at the time that if the US$1,5 million was not
enough, more would be provided later.

Official documents say police are intensifying investigations of Tsvangirai
and Makuvise, Zimbabwe’s ambassador to Berlin, Germany, involved in the
handling of the US$1,5 million.

Police are also investigating to see if Biti had anything to do with the
double-dipping on the project but latest information shows the minister was
not aware of that.

Bank statements show Makuvise, who lived at 3 Everette Close, Avondale,
Harare, was the one who withdrew most of the US$1,5 million. He made a
series of withdrawals until the funds were almost exhausted as the money was
transferred from one bank to another.

Since Makuvise is Tsvangirai’s close relative, police suspect he was acting
as the premier’s agent or acted in collusion with him in the alleged
embezzlement. The US$1,5 million was transferred from one bank to another
after it was released from the RBZ in November 2009.

Police, armed with warrants of seizure from the courts, have raided banks
and grabbed documents, reports and files to support their investigations.

The theatre of action has been the RBZ and four commercial banks, CBZ Bank,
ZB Bank, BancABC and Interfin Banking Corporation, which have handled the
US$1,5 million. The money was transferred and cleared with the aid of top
foreign banks, including Standard Chartered Bank, New York, and National
Westminster Bank, London.
Highlights of developments in the case so far:

     November 13 2009, Mugabe approves US$1,5 million to buy a house for
Tsvangirai after a request by the premier who had been blocked from moving
into either Zimbabwe House or State House, the two main state residences. At
the same time Biti budgets and later releases US$1 million for the same
project;

    Later during the month, US$1,5 million is transferred from RBZ into a
special holding account at CBZ, from which Tsvangirai was expected to make
withdrawals to buy the house;

    Beginning of 2010 the money (still US$1,5 million) is however
transferred from CBZ to ZB Bank, where US$140 000 is withdrawn by Makuvise
and used to buy a residential stand;

     Funds (now reduced to US$1,349) are further shifted from ZB Bank to
Makuvise’s personal flexi-current account in BancABC where US$99 000 is
withdrawn;

     Money (now US$1,25 million) is transferred again into an Interfin
account which belongs to a local law firm and from which a series of
withdrawals from Account Number 11000 are made;

    June 2011 police open a criminal docket and intensify investigations
into a case of alleged fraud;

     July 7 police obtain a warrant of seize against Interfin and also raid
other banks for documents, reports and files;

    July 14 Chihuri writes to Gono demanding information. Gono replies but
Chihuri is not satisfied about the response and writes to Gono again on July
20;

    July 18 chief investigation officer Alison Nyamupaguma of the CID writes
to the RBZ demanding information;

    Throughout July police intensify investigations even though they say
they are “not aware” of the probe;

     Friday August 5, Tsvangirai, through his spokesman Luke Tamborinyoka,
says he is “not shaken” about the allegations and wishes police good luck in
their investigations. After that police further intensify investigations.


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MDC gets on the gravy train

http://mg.co.za/

JASON MOYO Aug 12 2011 13:34

Controversy over state funding for Zimbabwean Prime Minister Morgan
Tsvangirai's mansion has added to growing questions among opposition
activists about whether their leaders are growing too comfortable in power.

Police are investigating whether Tsvangirai received state payments from two
different departments for his new Harare mansion and whether a close
relative embezzled some of these funds.

Tsvangirai denies any wrongdoing and his supporters see it as part of a
campaign to discredit him. But the case has drawn attention to frustration
among some of his supporters, who criticise their party leaders for allowing
themselves to be plied with state privileges.

Tsvangirai continues to live in his private home nearly three years after he
was sworn in as prime minister. His officials say he refused to move into
Zimbabwe House, which President Robert Mugabe used to occupy when he was
prime minister. Mugabe has also vacated his official State House residence
for his private mansion.

According to officials of the Movement for Democratic Change (MDC),
Tsvangirai secured the property from a wealthy associate, said to be a major
funder of his party, although it would be paid for by the government.

Police are now investigating whether Tsvangirai accepted two payments of
$1.5-million each from both the Reserve Bank of Zimbabwe and the treasury
for the same property. It is alleged that the bank payment may have been
embezzled by Hebson Makuvise, a cousin of Tsvangirai and Zimbabwe's
ambassador to Germany.

Tsvangirai's office has dismissed the claim and refused to discuss it
further.

Continuing probes
The double-storey mansion, built against a hill and protected by high walls,
is located in one of Harare's wealthiest suburbs, Highlands. It is now being
renovated and several new wings are being added. Tsvangirai's officials say
he needs the larger property to be able to perform his duties as premier.

The Tsvangirai investigation is one of several continuing probes by police
against senior members of the MDC.

Finance Minister Tendai Biti faces a police investigation into whether he
signed off on unauthorised foreign trips for members of staff, including a
woman whom state media claim was his mistress. Five officials in Biti's
office were arrested recently on allegations of fraud related to the case.

Biti is appealing to the Supreme Court of Zimbabwe against a high-court
order allowing police access to his cellphone records, which they say hold
evidence of improper use of state funds.

Ironically, Biti has criticised the government's high spending on foreign
trips. "Foreign travel remains high compared to other items such as
education, health, water and sanitation," Biti said when he presented a
budget review statement earlier this month.

"We have spent more than $30-million on foreign travel and I have made an
appeal to the leadership of government to deal viciously and boldly with
this disease called foreign travel."

Mugabe blew the biggest amount on travel by spending $20-million, which is
well above his annual travel budget of $15-million. Most of his trips were
to the Far East, where he has been receiving medical attention.

Although Tsvangirai has spent much less than Mugabe, his office spent the
biggest proportion of its budget -- 42% -- on foreign travel.

In total, the government's foreign-travel bill accounted for 0.4% of gross
domestic product, Biti said.

Amid this controversy, the Mail & Guardian has also learnt that ministers
have authorised the purchase of more than 100 new SUVs for themselves and
other senior officials.

About 130 vehicles have been acquired through the central mechanical
engineering department, which procures vehicles for the state.

They comprise 40 "limited edition" 2011 Jeep Grand Cherokees, each bought at
close to $35 000, which will be given to Cabinet ministers. Their deputies
will get 40 Land Cruiser SUVs with V8 engines, and 50 Toyota Prados were
imported for permanent secretaries.

The car purchases have been criticised by unions representing government
workers, but government officials' reactions to these car acquisitions
suggest just how many politicians want to profit from office: MPs on both
sides have responded by demanding their own consignment of SUVs.

Kudakwashe Bhasikiti, who chairs the MPs' welfare committee, said they
wanted new vehicles because their existing cars had been "damaged" in
extensive travel during the government's constitutional outreach programme.
TOPICS IN THIS ARTICLE


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Supplementary list of CIO agents in Zimbabwe

http://www.swradioafrica.com/pages/suplist120811.htm
 

CIO Directors not listed (or fully covered) in our initial series

Andrew Muzonzini

Director-Internal

ID No 63-447595B-18

John Andrew Maringa

Director-External

 

Tobias Chaunoita

Director (Director-General’s pool)

 

Lawrence/Lloyd Tahwa

Director-Economics

 

Thomas John Meke

Head of Administration

 


Senior Directors who have left the organization

Shadreck Chipanga

fired in 1999 over infighting within the CIO

Implicated in murder of several MDC-T activists in Manicaland

Lovemore Mukandi

fired in 1999 over infighting within the CIO

Fled to Canada after facing fraud charges


Those said to have retired and moved elsewhere in government

Name

Previous position in CIO

Current position in Government

Justin Mupumhanga

Director-Economics

Permanent Secretary in Ministry of Energy & Power Development

Godfrey Murombo Madzorera

Deputy Director-Planning

Principal Director in the Department of Anti-Corruption and Anti-Monopolies in the Office of the President and Cabinet

Ozias Evans Machaya Hove

Director

Principal Director in the Department of Indigenisation and Empowerment in the Office of the President and Cabinet

Edgar Tafi Chigudu

Deputy Director

Principal Director in the Department of State Enterprises and Parastatals in the Office of the President and Cabinet

John Marangwanda also known as Jofo

Director of Economics

Also involved in CIO takeover of Mirror newspapers which began in 2002

Principal Director in Vice President Joice Mujuru's Office


Other agents who might have joined after 2001 and not on initial list

Name

Designation

Crimes

Chaunoita Paul

Operative

Assaulted policeman in 2007

Chibaya Innocent

Head of CIO in Manicaland Province

Torture, assault and intimidating witnesses

Chimanga Derek

Operative

Assaulted policeman in 2007

Chiminya Joseph

Operative

Serious Assault and directing violent youth militia in 2008

Chitate Marasike (alias Chigure)

Operative

Abduction of Jestina Mukoko and others

Jijita

Operative

Taking part in violent farm in invasions

Kamba I. M.

Operative

 

Mafoti Robson Manyuwa

Chief Executive Officer of Scientific and Industrial Research and Development Centre (SIRDC)

Our research shows SIRDC is heavily linked with the CIO

Maganga

Operative

Abduction of Jestina Mukoko and others

Maplanga Hlungwani Simon

Ex CIO and former Diplomat

Armed robbery and passport fraud

Mbalekwa Pearson

Retired Senior Intelligence Officer

 

Mhlanga

Operative

Abduction of Jestina Mukoko and others

Muchuwa Brighton Mashopeka

Operative promoted from ZANU PF youth militia

Killed MDC reveler on Christmas Eve 2007

Mutsunguma Daniel Romeo

Operative formerly based at the Zimbabwe Embassy in the US

Shot dead female MDC-T activist Tabitha Marume in 2008

Mwale Joseph

Senior Intelligence Operative

Murder of MDC-T activist Tichaona Chiminya and Talent Mabika in 2000

Ndambakuwa

Operative

Abduction of Jestina Mukoko and others

Nhekairo F R

Operative

 

Nyambanje Keeper

Head of CIO in Tsholotsho

In 2009 threatened to kill magistrate with a gun after his wife was arrested

Nyika David

Operative

In 2005 his lorry hit a car driven by MDC-T official Douglas Mwonzora. Claimed it was an accident

Somai Sidney

Operative based in Marondera

Abduction of MDC-T District Chair Potifa Bakaaiman

Tabva Jeffrey Patrick

Operative

Fraud

Tapfumanei Asher Walter

Assistant Director External who is also a retired army Brigadier General

Played key role in June 2008 election violence

 


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Deborah Bronnert - Britain’s new ambassador

http://www.dailynews.co.zw/

By Bridget Mananavire, Staff Writer
Friday, 12 August 2011 13:54

HARARE - Deborah Bronnert is the new British ambassador to Zimbabwe.

Bronnert is a former director of prosperity in the Foreign Office’s new
coalition government.

She takes over from Mark Canning who has been reassigned to the Far East.
According to an embassy official an announcement on her appointment will
soon be made.

She is yet to present her credentials to President Robert Mugabe.

“I am honoured and delighted to be taking up this post at such an important
time for Zimbabwe, as the parties in the inclusive government work towards
greater reform and free and fair elections.

“The UK has long been a friend to the Zimbabwean people and I look forward
to ensuring that that commitment remains as strong as ever,” Bronnert
recently told a Foreign and Commonwealth Office (FCO) media outlet.

In the prosperity office, she led the FCO’s work on commercial and economic
diplomacy, trade policy, development issues and climate change.

She has also played important roles in such delicate FCO missions as the L’Aquila
Food Security Initiative and partnership for the Arab Spring.

Bronnert has also served in Moscow as economic counsellor where she led the
trade, economic and developmental teams.

She has extensive experience in developmental issues from a foreign policy
perspective and is an active member of many UK developmental institutions,
including Merlin.

She studied mathematics at Bristol University and has masters in political
economics from the Slavonic School and Eastern European studies, University
College London.


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Zimbabwe official inflation rises to 3.3%

http://www.sabcnews.com/

     August 12 2011 , 8:39:00

Zimbabwe's annual inflation rate rose to 3.3% in July from 2.9% in June,
pushed higher by rising food and alcohol prices, the national statistics
agency said today.

The figure has hovered within a few points of 3% all year, a welcome return
to relative stability for the once inflation-ravaged economy.

The southern African country suffered a decade of runaway prices and food
shortages amid hyperinflation that saw people carry piles of cash in
rucksacks to shop for ordinary groceries.

The economy stabilised after the government abandoned the worthless local
currency in 2009, allowing trade in United States dollars and other major
foreign currencies.

A power-sharing government formed in 2009 by President Robert Mugabe and his
main rival Morgan Tsvangirai has also brought stability to the economy. -
Sapa-AFP


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White couple gets farm back

http://www.dailynews.co.zw/

By Tendai Kamhungira, Court Writer
Friday, 12 August 2011 13:52

HARARE - A Harare magistrate has granted a white couple permission to stay
at their farm occupied under the land reform programme that displaced the
majority of white commercial farmers.

The couple had resisted leaving the 2 900 acre estate, resulting in the
court action.

Adam Richard Selby, Linda Selby and their holding firm, Komani Estate
Private Limited, were facing a charge of occupying gazetted land without
lawful authority as defined in Section 3 (2) (a) as read with Section 3 (3)
of the gazetted land (Consequential Provisions Act) Chapter 20:28.

But magistrate Kudakwashe Jarabini ruled that the Selby family was the
lawful occupier of the farm based on a permit they had been given by the
late governor for Harare Metropolitan province Witness Mangwende in 2005.

“There is therefore overwhelming evidence to the effect that accused are
lawfully authorised and have lawful authority in the form of a permit which
authorises the accused to occupy and utilise Komani Estate for agricultural
purposes,” read Jarabini’s judgement.

Prosecutors had told the court that the Selby family had been occupying the
estate, also known as Selby farm, from February in 2007 illegally because
the land had been acquired by government for resettlement purposes.

The Selby family had told the court that they had authority to stay on the
estate basing on the permit issued to them by Mangwende granting them
permission to co-exist with newly resettled farmers.

Jarabini ruled that there was no change from this previous arrangement,
which he said was still valid.


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Water shutdown for city

http://www.herald.co.zw

Friday, 12 August 2011 02:00

By Michael Chideme
HARARE residents will endure the whole weekend without water following a
partial shutdown of the main Morton Jaffray Water  Treatment Plant from
today until Sunday.

This means the smaller plant, Prince Edward, that produces on average 60
megalitres a day will be the only operational water purification plant.
Harare and the surrounding towns of Chitungwiza, Ruwa, Epworth and Norton
require 1 200 megalitres of water daily but the city only manages to provide
on average 600 megalitres.
Partial shutdowns have in the past resulted in water shortages for periods
of up to a week after resumption of water production and pumping to water
reservoirs.

Mayor Muchadeyi Masunda made the announcement yesterday during a special
full council meeting to discuss the setting up of a special tribunal to
conclude the city's land sales, leases and exchanges between 2004 and 2009.
The meeting, which was closed to the media soon after Mr Masunda's
announcement, also dealt with human resources issues.

There were reports that councillors were not happy with the performance of
human resources director Mr Cainos Chingombe in handling labour issues that
resulted in the city losing millions of dollars.
Sources that attended the meeting said a resolution to suspend Mr Chingombe
pending dismissal was reached.

On the water issue, Mr Masunda said the shutdown was to "allow for emergency
maintenance works to be carried out along the pumping mains."
City engineers had earlier indicated that the city was losing a lot of
treated water due to recurrent bursts on the water mains. The progress in
water delivery that had been recorded in the past few months was fast
diminishing as millions of litres were lost every minute.

"Water interruptions are anticipated during the shutdown," he said.
The shutdown means residents have to use available water sparingly and to
recycle used water until the situation normalises.


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MDC-T MP and ZANU PF governor clash over donor project

http://www.swradioafrica.com

By Tichaona Sibanda
12 August 2011

The MDC-T MP for Mutare West, Shuwa Mudiwa, and Governor Chris Mushowe from
ZANU PF traded verbal blows during a handover ceremony of medical equipment
at Marange hospital on Friday.

The MDC legislator accused the governor of politicizing a donor funded
development program when he started chanting ZANU PF slogans.

Mushowe responded by threatening to ban Mudiwa from all future functions in
the ‘constituency or province’ because he was the governor and had overall
control of all programs.
The clash between the two comes amid rising tensions and recriminations that
donors working in Manicaland were ‘wilfully’ letting ZANU PF hijack their
projects. Mudiwa told us he was perturbed by the reluctance of donors
working in his constituency to invite him where the governor would be
officiating.

‘At least they have to respect the fact that I’m the elected MP for the
constituency and as such I deserve some recognition for that.
‘It’s sad that as the people’s representative in the area, I am having to
gatecrash all programs because they are not inviting me. This is being done
deliberately as they are propping up Mushowe to win this Mutare West seat,’
Mudiwa said.

The two politicians have a history. Mudiwa defeated Mushowe in the 2008
parliamentary elections for Mutare West and now accuses the NGO Plan
International of openly campaigning for the governor in the same
constituency.

On Wednesday, the legislator gatecrashed a Plan International ceremony where
they handed over an income generating poultry project to Karirwi Secondary
School. He had not been invited to the ceremony, despite the fact he lives
less than a kilometre from the school.

‘Today (Friday) I did the same at Marange hospital with another NGO. During
his speech, Mushowe tried to politicize it by sloganeering and chanting ZANU
PF slogans.

‘I objected to it and immediately stood up on a point of order. I told him
it was wrong to do that when it is a donor funded project. He didn’t take it
lightly and responded by threatening to ban me from such gatherings. But he
can’t do that because I’m the MP and he’s only an appointed governor,’ the
MP said.

On Thursday we revealed claims by the MDC-T that Plan International, which
has for years worked in Manicaland without looking at political
affiliations, was now working to prop up ZANU PF in the province.

Following our report, Plan International’s regional manager for Manicaland
contacted the MDC inviting them for a ‘clear the air’ meeting.

Titus Mafemba, Plan International’s regional manager for Mutare, confirmed
that a meeting had been scheduled with the MDC to discuss their concerns.

‘We have to meet them first before we issue out a statement. We only got to
know about the allegations when we read them in the papers, so I can’t say
much now before the meeting,’ Mafemba said.


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Remains of suspected Gukurahundi victims found in Lupane

http://www.swradioafrica.com

By Lance Guma
12 August 2011

Villagers in Lupane last week unearthed remains of what they believe to be
victims of the Gukurahundi Massacres, perpetrated by Mugabe’s Fifth Brigade
army unit. Moses Mzila Ndlovu, the co-Minister of National Healing,
confirmed the discovery of the remains at Silwane Primary School in
Matabeleland North Province.

In the eighties the crack army unit, specially trained by North Korean
instructors, rampaged through the Matabeleland and Midlands provinces,
butchering an estimated 20,000 innocent civilians who were perceived to
support the opposition ZAPU party. Lupane was one of the areas that was
heavily targeted.

This week Mzila Ndlovu said he had seen remains of human ribs protruding
from the ground near a classroom block at the school. This has prompted him
to lobby the government to exhume the bodies and provide a decent burial.

Only this year The Fallen Hero’s Trust, an obscure group aligned to ZANU PF,
claimed to have discovered 19 mass graves in the Mount Darwin district, with
the remains of what it said were thousands of people massacred by the white
minority regime before independence and thrown into the Monkey William Mine.

But just like the anti-sanctions petition ZANU PF carefully coordinated the
exhumations, giving them prime time viewing on national television. They
deliberately sought to whip up emotions against the West for past atrocities
committed by the Rhodesian regime and tied this with the West’s targeted
sanctions against members of the Mugabe regime.

Questions were immediately raised about when the victims died, given that
some of the bodies exhumed and shown on television still had hair and
clothes intact and were dripping body fluids. The manner of the exhumations
was also criticized for having no proper pathology or DNA testing to
determine the identity of the bodies. The bodies were placed in a heap on
the site with no proper handling.

Last week’s discovery of the suspected victims of the Gukurahundi Massacre
has now raised the question of whether ZANU PF will undertake the same
exercise of exhuming and re-burying the bodies while giving the process
equal prime time viewing on national television. Despite Mugabe admitting
Gukurahundi was a ‘moment of madness’ his party is still determined to
suppress any discussion or investigation of the matter.


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Retailers Urge Abolition of Duties on Imported Maize Meal, Oil

http://www.voanews.com

11 August 2011

Finance Minister Tendai Biti said in his mid-year budget statement that his
intention in re-introducing import duties on maize meal and cooking oil was
to boost local producers - but maize and soy beans are in short supply

Gibbs Dube | Washington

The Retailers Association of Zimbabwe said Thursday that the government
should consider reversing itself on the restoration duties on imported maize
meal and cooking oil as the move has boosted prices while local industries
lack the capacity to produce such commodities in a market crippled by
shortages of maize and soy beans.

Retailers Association President Themba Ndebele said market distortions
caused by the renewal of a 15 percent duty on imported maize meal - a
Zimbabwean staple in the form of the glutinous paste known as sadza - and a
40 percent duty on cooking oil has merely led local producers to raise
prices to match the now higher-priced imports.

Ndebele said the organization is unable to prevent supermarkets from
increasing prices of such basic commodities. He said the government should
step in to correct distortions instead of threatening to take action against
local retailers adjusting their prices.

Finance Minister Tendai Biti, who promised in his recent mid-year fiscal
policy statement to monitor maize and oil prices, could not be reached for
comment. Biti said at the time that his intention in restoring duties was to
encourage domestic production. He must also generate new revenues to offset
a projected deficit of hundreds of millions of dollars.

Ndebele said supermarkets will continue adjusting prices until the
government abolishes import duties on the commodities."It is clear that the
duties are affecting importers who have in turn passed the costs to
consumers and the ripple effects are also being felt by local producers that
are increasing prices too," Ndebele said.

Economic commentator Masimba Kuchera said it is unfair that consumers are
taking the brunt of the impact of the restored import duties.


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Zimbabwe Justice Rules Legislator Cannot be Compelled to Take HIV Test

http://www.voanews.com

11 August 2011

Malandu was arrested after his former journalist companion Simiso Mlevu,
employed by the state-controlled B-Metro tabloid newspaper, charged he had
infected her with HIV and later sent her abusive text messages

Ntungamili Nkomo | Washington

A Zimbabwean High Court judge ruled on Thursday that a legislator of the
Movement for Democratic Change cannot be compelled to take an HIV test after
a former lover accused him of knowingly infecting her with the virus that
causes AIDS.

Granting an appeal by Insiza South lawmaker Siyabonga Malandu Ncube against
a ruling last month by a magistrate ordering an HIV test to determine
Malandu's health status, High Court Justice Maphios Cheda concluded that the
magistrate erred in his ruling because there is no Zimbabwean law under
which HIV testing could be imposed under his circumstance.

Mandatory tests are only permissbible in cases of rape; aggravated indecent
assault; and when one has had sexual intercourse or perfomed an indecent act
with a minor.

Malandu was arrested after his former journalist companion Simiso Mlevu, who
is employed by the state-controlled B-Metro tabloid newspaper, charged that
he had infected her with HIV and that he later sent her abusive text
messages.

Malandu brought a counter-suit in the matter on Thursday accusing Mlevu of
sending him insults on Facebook. Mlevu said that she has denied sending such
messages.

Attorney Mlweli Ncube, representing Malandu, told VOA Studio 7 reporter
Ntungamil Nkomo that the state case is crumbling. "Now we are headed for
trial, and the move by the state to bolster its weak case has failed," Ncube
maintained.


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Polls plunge Zanu PF into turmoil

http://www.theindependent.co.zw

Friday, 12 August 2011 12:39

Faith Zaba

ZANU PF, reeling from a crippling internal power struggle triggered by
President Robert Mugabe’s  (picture) volatile succession issue, risks
plunging into turmoil as factions fight over when the elections should be
held and who should be the presidential candidate.

Insiders say the party’s renewed vicious infighting is intensifying as it
becomes clear its elections plan has been thrown into disarray due to the on
and off constitution-making process and negotiations over a roadmap towards
the polls.

They also say Zanu PF, particularly those close to Mugabe from the state
security service and party structures responsible for the party’s elections
strategy, desperately want the polls this year when the president is still
fit to be the candidate.

Mugabe is now advanced in age and is plagued by health problems.

Latest information shows Zanu PF’s internal strife is being fuelled by the
realisation that elections would not be held this year but most likely in
2013. The constitution-making process and the crafting of the roadmap and
implementation of critical elements of the Global Political Agreement to
create conditions for free and fair polls would force elections to be held
when they are constitutionally due in 2013.

Zanu PF spokesperson Rugare Gumbo confirmed yesterday party officials have
been expressing divergent views on the timing of elections, albeit
informally.

“People have expressed their different views but this is done in corridors
and not raised formally at meetings. Our position at the moment is that we
want elections this year and our candidate is President Mugabe,” he said.

Party insiders say the prospect of elections in 2013 is now compelling Zanu
PF to change its strategy and tactics. Mugabe is only likely to be endorsed
by the party as candidate if polls are held this year or next year. Once
they are delayed to 2013 senior party officials agree it would not be
practical or reasonable to field him as a candidate mainly, but not solely,
due to old age and ill-health.

Zanu PF officials say if elections are held in 2013, which is most likely,
and Mugabe is not the candidate, that would present a serious challenge
because the party’s congress to elect new leaders is only due in 2014. That
problem, they say, could only be resolved through an extraordinary congress
which, if it comes immediately before elections, would be divisive and could
easily lead to the fractured party’s defeat.

Informed officials say that is why Zanu PF politburo member Jonathan Moyo,
who is involved in the elections strategy as an influential player with
strong links to the state security structures and the party, recently
insisted that either the polls should come this year or in 2016.

“It is now clear in the national interest the next harmonised general
election must be held this year in 2011, failure of which it should be held
in 2016 and not any other time in between,” Moyo wrote in a revealing
article in the state-controlled Sunday Mail on May 15.

Sources say after realising his colleagues were slow on the uptake on the
issue, Moyo this week took an unprecedented move to write again in the
Sunday Mail on August 7 a piece bemoaning Zanu PF’s failure to embrace
reform and change. Moyo lamented the party’s failure to have leadership
renewal and embrace change, refusal to accept mistakes, correct them and
avoid repeating them in future in similar circumstances, failure to
acknowledge and deal with corruption and its culture of violence which it
blames on others.

“Why is it that some comrades in the nationalist movement in general, and in
Zanu PF in particular, seem to be afraid of change when it is a fact of
everyday life and is thus essential to the survival of any living thing
whether biological, social, economic or political?” Moyo wrote this week.

“Why is it that some comrades in the nationalist movement do not seem to
understand that the whole debate about when elections should be held has
absolutely nothing to do with the alleged implementation of the GPA or the
need to fulfill the so-called SADC election roadmap, but is all about
confusing everything to ensure that the next elections are held when it is
practically impossible for President Robert Mugabe — whom the UK, US and EU
governments and their local puppets see as an unbeatable electoral opponent
in the post-GPA era — to be candidate?

A top Zanu PF official said yesterday: “We are pushing for elections this
year and we want them this year or early next year when President Mugabe is
still able to campaign and ensure victory for the party. I don’t see Mugabe
contesting elections if they are held in 2013 – he will not contest because
of old age.
“I agree with Professor Moyo to a certain extent that we need to start
thinking about a new leader but it will not be easy to start debate on the
issue.”

Moyo acknowledged in his article that there was debate that Mugabe would not
be able to run in 2013, although he attributed this on “enemies of Zimbabwe”.

“The thinking behind this strategy is that at that time it will not be
practical or reasonable for President Mugabe to be a presidential candidate
given the allegations that are being made about his age and alleged poor
health,” Moyo says.

However, information at hand shows these issues are not coming from “enemies
of Zimbabwe” but within Zanu PF itself.

Moyo insinuates in his article that “Generation 40” – which implies young
turks in the party he is working with grouped around politburo member
Saviour Kasukuwere – should to take charge.

However, Moyo’s statements have angered the party’s old guard. A senior
politburo member said: “We are going to consult and see how we are going to
deal with the matter at the next politburo meeting. Moyo’s outbursts are an
attack on senior party officials in the media and we don’t tolerate that in
Zanu PF.”

Gumbo said yesterday the issues Moyo raises in his article were pertinent,
but were highlighted on the wrong platform. “These issues that he has raised
in the media should have been raised in the politburo or at the central
committee. They might be helpful ideas but this must be done in the
politburo and not in public,” he said.

“Yes, we need to bring in the younger generation into the party’s
leadership, we need to discuss and deal with corruption, but the media is
not the right forum to raise those issues.”

Given the current volatile situation, the Mugabe succession crisis and all
issues raised by Moyo are bound to explode within party structures as the
debate on the next elections and Zanu PF’s future gets heated and
intensifies.


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Diaspora vote deal reached

http://www.thezimbabwemail.com

12/08/2011 21:10:00    By Clemence Manyukwe

PRESIDENT Robert Mugabe and Prime Minister Morgan Tsvangirai have reached a
deal that will see the Zimbabwe Electoral Commission (ZEC) compiling a
report with recommendations on whether or not Zimbabweans abroad could vote
in the next polls.

The move by the two political principals opens a window of hope for an
estimated three million Zimbabweans domiciled outside the country.

Luke Tamborinyoka, the spokesman for Prime Minister Tsvangirai, said in a
statement the agreement by the Principals included postal voting.

He said the two leaders had also agreed on the need to expedite media
reforms such as the setting up of a Mass Media Trust.

"It was agreed by the principals that the Zimbabwe Electoral Commission be
tasked with producing a report on the issue of the Diaspora vote. Every
Zimbabwean has a right to vote . . . All democratic reforms, particularly
the democratisation of the media, are in the interest of the people of
Zimbabwe," said Tamborinyoka.

President Mugabe's spokesperson, George Charamba, could not be reached for
comment while questions sent to ZEC were not immediately responded to.

Prevailing legislation restrict postal voting to voters who are outside the
country on government business only and also allows electoral officers and
members of the police and defence forces away from their constituencies on
duty during an election to cast their votes in advance of the election at
special polling stations was established for the purpose.

In 2005, the Supreme Court dismissed a constitutional application by United
Kingdom-based Zi-mbabwean, Jeff Madzingo, who is the chief executive officer
of online publication, New Zim-babwe.com, challenging the constitutionality
of the system, which disenfranchises Zimbabweans living out of the country.

In one opinion article on the matter, a UK based prominent Zimbabwean lawyer
and political analyst, Alex Magaisa, offered his views on why ZANU-PF is
opposed to granting compatriots abroad the right to vote.

"In most countries, including SADC countries, efforts are being made to
allow citizens abroad to participate in the political process.

"The Zimbabwe government, in its wisdom, has not been willing to do that.

"That is probably because the Diaspora population is not viewed as a natural
constituency for ZANU-PF party," wrote Magaisa.

He added that Zimba-bweans in the country were also disenfranchised through
displacements in the run-up to polls through what he termed "deliberately
engineered mayhem, violence and intimidation". - FinGaz


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Silence Surrounds Submission of Broadcasting licence applications

MISA-Zimbabwe statement following the submission of broadcasting licence
applications

MISA-Zimbabwe is concerned by the deafening silence surrounding the
processing of applications for the two commercial radio broadcasters by the
Broadcasting Authority of Zimbabwe (BAZ) advertised on 26 May 2011.

Since the submission of applications by 14 aspiring broadcasters and the
subsequent publication of the applicants’ names in the media, there has been
no update on the progress of the adjudication process. To date, BAZ has not
published a comprehensive list of the applicants. Neither has it furnished
the public with useful details of directorship and ownership of respective
companies that applied, which would have assisted the public in making
objections as required under the broadcasting law. Although BAZ has no legal
obligation to do this, the issue is of public interest of which it should
apprise the nation to ensure transparency and build public confidence in the
whole licensing process.

What makes it more imperative for BAZ to keep the nation updated on this
matter, is the fact that there are no clear timelines stipulated in the
Broadcasting Services Act (BSA) under which the regulatory board should
shortlist successful applicants; conduct public hearings on their
applications and finally license them. It is entirely up to BAZ to determine
the time within which these processes have to be completed. In the absence
of legal timeframes within which BAZ must conclude the licensing process,
there is no enforcement mechanism to ensure the regulatory board speedily
issues licenses.

MISA-Zimbabwe also notes that even if the new broadcasters were to be
eventually licensed, this may not necessarily translate to the provision of
alternative information to the citizenry due to the stipulated content
restrictions in BSA. By their very nature private broadcasters are profit
oriented and therefore need to structure their programming in a manner that
attracts listenership, thereby drawing advertising revenue. Therefore, they
need to operate within a framework that accords them considerable editorial
autonomy for their sustainability.

However, the current operating framework as stipulated under the repressive
the BSA imposes content requirements that interfere with their independence.
Among these are the compulsory 75% quota for local content; the allocation
of an hour of broadcasting space per week to government and the stipulations
on airing of political and electoral matters.

For example, in terms of Part II of the Fifth schedule of the BSA a
broadcaster is required to report to BAZ and keep records of any broadcast
of a political matter. According to the interpretation clause, a political
matter is “any political matter, including the policy lunch of a political
party”. This definition is so vague to the extent that it can cover a broad
spectrum of the broadcasters’ content. Restrictions such as these are bound
to compromise private broadcasters’ role as independent sources of
alternative information.

It is for this reason that MISA-Zimbabwe reiterates its calls for the repeal
of the BSA and its replacement with a democratic law that will ensure
transparency in the licensing process as well as promote the establishment
of a three-tier broadcasting system, which will allow Zimbabweans to freely
express themselves and access information of their choice.

MISA-Zimbabwe Chairman
Njabulo Ncube

For questions, comments or queries please contact;
Koliwe Majama
Programmes Officer
MISA-Zimbabwe


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Muponda freed, charges dropped

http://www.thezimbabwemail.com/

12/08/2011 12:36:00    Staff Reporter

HARARE- The recently de-specified and one of the founding ENG Capital Group
directors, Gilbert Muponda who was on Thursday remanded in custody following
the confirmation of his warrant of arrest, is now a free man.

This followed the State’s decision yesterday where the matter was withdrawn
before plea after conceding it would need a lot of time to locate the docket
since the case was committed a long time ago.

Harare provincial magistrate Mishrod Guvamombe set Muponda free after Area
Public Prosecutor, Jonathan Murombedzi indicated the State would proceed by
way of summons.

Muponda was remanded in custody by Harare magistrate Donald Ndirowei who
ruled that he was in willfully default when he failed to appear in court on
March 13, 2004.

Prior to the court’s ruling, Muponda’s lawyer, Benjamin Chikowero of Gutu
and Chikowero Attorneys-at-Law, had submitted to the court that his client
had not willfully defaulted when he fled to Canada.

He told the court that Muponda’s life was under threat, allegedly by
investors who had lost their large sums of money through investments in ENG.

The ENG Capital Chief Executive Officer, on Thursday was remanded in custody
to August 26, 2011 for defaulting court proceedings when he skipped the
country in 2004.

Muponda appeared at Harare Magistrate Court before Magistrate Donald
Ndirowei where he wanted to have a warrant of arrest against him cancelled.

However Magistrate Ndirowei denied the request and confirmed the warrant of
arrest which was issued on March 13, 2004. Muponda had allegedly handed
himself over to the investigating officer upon his return to the country
from Cananda following his de-specification in May this year.

Muponda’s lawyer Benjamin Chikowero of Gutu and Chikowero legal
practitioners tried to convince the court that when his client fled the
country he had received death threats from investors and was not a fugitive
from justice.

Chikowero told the court that just before his trip back, Muponda had also
offered himself to officials at the Zaimbabwean Embassy in Canada.

“Upon his (Muponda) return to the country he surrendered himself to the
police officer who was handling the case in which he was being charged as
one of the directors of ENG. We are going to make an application for his
freedom at the High Court,” said Chikowero after the ruling.

Muponda was de-specified in May this year following a government
announcement that was published by Co-Home Affairs Ministers Kembo Mohadi
and Theresa Makone in a recent government gazette.

“It is hereby notified that the joint Ministers of Home Affairs, in terms of
section 6 (2) of the Prevention of Corruption Act (Chapter 9:16) have
revoked the specification of Gilbert Muponda,” read the de-specification
notice.

Muponda and co-director Nyasha Watyoka were arrested in 2003 after ENG
Capital failed to pay creditors. The firm was placed under voluntary
liquidation in 2003 while Muponda – who left the country for Canada – was
specified in 2004.

Watyoka has since been set free by the magistrates’ court for lack of
evidence. Meanwhile, ENG’s liquidators have confirmed that the company has
since cleared all debts and paid its creditors.

Directors are understood to be now seeking the re-instatement of the company’s
banking licence ahead of a planned listing on the Zimbabwe Stock Exchange.


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MDC-T still searching for 7 activists missing since 2008

http://www.swradioafrica.com/

By Alex Bell
12 August 2011

The MDC-T is still trying to find out more information about seven of its
activists, who have been missing since their abductions in 2008.

The seven were among more than 30 party activists abducted by ZANU PF during
the turbulent 2008 election period, which saw Robert Mugabe’s party unleash
serious violence against the then opposition. Hundreds of MDC supporters
were murdered, thousands were tortured and tens of thousands more were
displaced from their homes.

The majority of the abductees, including activist Jestina Mukoko, were
eventually brought to court, weeks after they were abducted. But seven of
the group have never been accounted for.

In the past three years there have been three different High Court rulings
ordering their urgent release from custody, or their immediate appearance in
court. But the Attorney General’s office has denied that they are being
held.

The MDC-T through its lawyers has argued that the continued illegal
detention of its activists is a violation of the power-sharing agreement it
signed with ZANU PF almost three years ago.

The party has now reportedly said it will call for the intervention of SADC
and the AU, as the guarantors of that agreement, to assist in securing the
release of the seven.

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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Malema silencing Zimbabwe opposition: group

http://www.timeslive.co.za/

Sapa | 12 August, 2011 12:54

"It is judgmental, weird and... incites xenophobia," the human rights
group's spokesman Brian Muziringa told journalists in Johannesburg.

Malema has previously called Zimbabwe's opposition Movement for Democratic
Change (MDC) "imperalists".

MDC South African district chairman Solomon Chikohwero said he was appalled
by Malema going to Zimbabwe and showing support for its President Robert
Mugabe in April last year.

"We saw him going to Zimbabwe and dining with the Zanu-PF [ruling party] and
Mugabe. He was campaigning for them and in the end they gave him 21 head of
cattle... we don't know if this was payment or a gift of thanks," Chikohwero
said.

The Zimbabwe Youth Wing and the MDC in South Africa called on Malema to
apologise for his statements.

Zimbabwe Youth Wing founder Ismael Kauzani said if Malema did not apologise,
it would consider legal action.


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Zimbabwe beat Bangladesh by four wickets

http://sports.ndtv.com

    Agence France-Presse
    Last updated on Friday, 12 August 2011 21:13

Harare: Brian Vitori became the first Zimbabwean to take five wickets on his
One-Day International debut as the home side beat Bangladesh by four wickets
in the first of five ODIs at Harare Sports Club here on Friday.

After being put into bat, Bangladesh slumped to 43 for five as Vitori, who
finished with five for 30 from his 10 overs, ripped through the top order.

A sixth wicket partnership of 105 between captain Shakib Al Hassan (53) and
Mushfiqur Rahim (59) gave Bangladesh some hope but they were all out for 184
eight balls short of their 50 overs.

Zimbabwe lost captain Brendan Taylor in the fifth over but Vusi Sibanda
struck a cultured 96 from 102 balls to take them to the brink of victory,
Forster Mutizwa's unbeaten 27 taking them over the line with 8.4 overs to
spare.

Rubel Hossain was the pick of the Bangladeshi bowlers with four for 26 from
his 10 overs.

Zimbabwe won the one-off Test between the two sides by 130 runs on Monday.


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Mugabe’s best friends

http://www.rnw.nl/

Published on : 12 August 2011 - 11:51am | By RNW Africa Desk

Show me your friends and I’ll tell you who you are. Last week, President
Robert Mugabe of Zimbabwe, who has had a firm grip on the country for the
last 30 years, felt the need to tell the world who his friends are. Not
surprisingly, they look a lot like him.

By Nkosana Dlamini, Harare

At the commemoration of Heroes Day last week, President Robert Mugabe of
Zimbabwe praised countries he said had defended his country against
political aggression by the West.

“Internationally, a number of countries have stood firm behind Zimbabwe at
the time of our greatest need, among which are our all weather friends like
China, Russia, Cuba and Brazil,” Mugabe said. “These are countries which
have always stood firmly in defence of Zimbabwe’s sovereign rights.”

Pariah state
Mugabe, whose country has been labeled a pariah state after it was deserted
by erstwhile allies United States and the European Union, also praised
neighbours Mozambique, Zambia, Namibia, Botswana and South Africa.

Since 2001, when America and the EU imposed an embargo and asset freeze on
him, his loyalists and associated firms, Mugabe found himself drawing closer
to leaders of countries such as Angola, Malawi, Equatorial Guinea, DRC and
Iran.

Holding on to power
Political analysts say Mugabe’s choice of friends is now premised on
securing allies in those countries whose leaders are seen as holding onto
power at all costs.

“He is inclined towards friendship that mirrors his own behavior,” says
Zimbabwean political analyst Pedzisayi Ruhanya. “The common denominator is
their love for long incumbency sustained through dictatorship and a culture
of not being accountable to anyone.”

Dumisani Muleya, assistant editor with the Zimbabwe Independent newspaper,
says Mugabe’s relationship with these countries is ideological, historical
and opportunistic. “Mugabe has found comfort among countries which share his
radical stance against western political and economic world dominance,” he
says.

“They are all inclined towards state ownership of the means of production.”
Mugabe accuses the West, led by America and Britain, of continued attempts
to rule and dictate to the world.

Chinese colony
Muleya says Mugabe’s friendship with countries like China and Equatorial
Guinea is based on survival. China has invested millions of dollars in
Zimbabwe’s mining and agricultural sector and is also helping build a
military school in the oil-rich country. China and Russia 2008 vetoed a UN
Security Council resolution seeking sanctions against the government of
Zimbabwe, its president and members of his inner circle.

Mugabe withdrew his country from the Commonwealth, where it enjoyed trade
relations with the former British colonies. Instead, he strenghtened
economic ties with Asian countries under the controversial Look East policy.

Some ordinary Zimbabweans see Mugabe, who is fiercely opposed to western
imperialism, is opening up too much to China, to a point where the country
can now be labeled a Chinese colony.

Elderly statesman
Regionally, Mugabe now finds himself among younger rulers who succeeded
revolutionary leaders who led their countries to independence.

Although they differ with his radical policies, Mugabe’s regional peers see
him as an elderly statesman who should not be criticised publicly. Some
African countries maintain relations with Mugabe out of African solidarity
alone.

Mugabe would readily align himself with any country that is fighting any
western intervention, a recent example being his support for the former
president of Ivory Coast, Laurent Gbagbo. Gbagbo critisised NATO for its
military intervention in Libya.


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Foreign Aid Dilemmas under Zimbabwe's Inclusive Government

Solidarity Peace Trust Logo

Solidarity Peace Trust



12 August 2011

By Norma Kriger

We invite you to participate in discussion stimulated by this article by following this link and submitting comments on this or other essays included in the section on our website known as the Zimbabwe Review. You may also respond via email: please send your comments to discussion@solidaritypeacetrust.org. Please note that some comments may be selected for publication on our website alongside the article to further stimulate debate.

Western donors understandably tread warily in Zimbabwe where ZANU PF remains the overwhelmingly dominant governing party in a formal coalition government. The "Inclusive Government" (IG) was formed in February 2009, following the signing of the Global Political Agreement (GPA) in September 2008 by ZANU PF, Tsvangirai's MDC (MDC-T) and a smaller MDC formation. Western governments, initially opposed to the formation of a coalition government, continue to enforce travel bans and asset freezes against ZANU PF individuals and ZANU PF-affiliated entities. ZANU PF has persisted with its strident animosity to Western governments and donors, and has made these sanctions policies a major reason for stalling on the implementation of the GPA. While ZANU PF blames the sanctions for retarding economic recovery, Western bilateral donors rightly point to their substantial humanitarian aid - nearly US$651 million or 15-20% of GDP in 2009. This aid also happens to boost the image of the MDC parties, which were allocated Ministerial control of services, including health and education, while ZANU PF ensured it retained the security and foreign affairs Ministries, among others.

The role of Western foreign aid in this highly polarized internal politics is surely one reason why analysts have not focused much on its actual political impact. Instead, the politics of the political parties' discourse or rhetoric has received much more attention, with particular focus on how ZANU PF depicts the West as undermining national sovereignty and seeking regime change. Another reason for the relative dearth of analysis about the political effects of foreign aid would seem to be some acquiescence that Western donor aid has generally benefited the opposition forces, chiefly MDC-T and civil society organizations, as intended.

Using a few cases drawn mainly from recently published reports whose main concerns were not about foreign aid, I highlight some dilemmas of foreign aid in Zimbabwe today. These cases suggest that, as in many other countries (Gourevitch, 2010), foreign aid has also had unintended and/or perverse political consequences in Zimbabwe. Its perverse impacts appear to include the strengthening of ZANU PF's power and patronage resources and arguably a weakening of opposition forces or the shaping of an opposition ill-suited to transforming authoritarian rule.

International NGOs' aid hijacked by ZANU PF

Recently, while reading The Anatomy of Terror (2011, anonymous, to protect researchers and informants) - a fascinating document that examined ZANU PF militia bases' organization, resources, and personnel through detailed studies of 15 selected constituencies - I learned that some high profile international NGOs had their aid partially or fully hijacked by ZANU PF since the signing of the GPA. In some constituencies, the study noted, the operations of the international NGOs (INGOs) were "judged to be entirely ZANU PF run", while in others aid distribution was compromised. The list of INGOs included Environment Africa, Mercy Corps, GOAL, Catholic Relief Services, Oxfam GB, and World Vision. The report also identifies local NGOs' projects which have been compromised by ZANU PF intervention in aid distribution. Since most local NGOs survive primarily on foreign donor funds, such aid diversion is also relevant for this discussion.

Based on the report, INGOs which operate in ZANU PF-controlled districts and use local councilors and traditional authorities to distribute aid are prime candidates to have their aid hijacked by ZANU PF. In ZANU PF-controlled districts, these institutions are run by ZANU PF loyalists. But aid channeled through MDC councilors, as in particular wards in Zaka West (Masvingo Province), was also apparently captured by pro-ZANU PF traditional authorities. In at least two other cases, individual strongmen were able to redirect aid from its intended beneficiaries to ZANU PF loyalists. One example comes from Buhera South (Manicaland Province) and involves Joseph Chinotimba, a losing House of Assembly candidate in 2008 and a notorious "war veteran". The report, like many others, describes him as having been directly involved in multiple rapes and two murder cases and also as a leader in urban company and farm invasions after 2000. He reportedly set up a committee chaired by a ZANU PF chief to control the entry of NGOs into the constituency. According to the report, Chinotimba acts as if Mercy Corps' borehole drilling project belongs to him: he distributes the organization's equipment to beneficiaries, claiming the funds and clean water assistance come directly from him.

If The Anatomy of Terror is accurate, what should be the response of the organizations whose aid has been diverted? Article 16.4(b) of the GPA forbids NGOs to provide humanitarian assistance that discriminates on the basis of political affiliation. Should affected NGOs invoke the GPA prohibition against the partisan distribution of humanitarian assistance whenever and wherever it is violated? Should they threaten to suspend all their other projects in the country if aid diversion occurs in select areas? Should they at least publicize who is diverting aid and where it is being diverted? If they maintain a silence about non-transparent aid distribution, how do we even know how widespread aid diversion is? How should they balance their organizational interests in maintaining their projects, the jobs they provide for locals and international staff, and the benefits they provide to locals in some areas against the direct role their aid has had in bolstering the local power and patronage of ZANU PF henchmen?

Donor-funded constitutional outreach program creates opportunity for ZANU PF to rebuild rural influence

The writing of a new constitution, a referendum on the draft constitution, and then an election are key components of the GPA. The constitutional outreach program, an important step in the constitution-making process, was designed to solicit the preferences of the population. The model for the constitution-making process agreed to by the three principals in the government was that Members of Parliament (Senators and House of Assembly representatives) would head each outreach team. Between June and November 2010, the outreach program made Parliament inactive as MPs earned handsome per diems from foreign donors, over and above their MP salaries and allowances.

In January 2010, SWRadio Africa published a list of perpetrators of political violence associated with the 2008 presidential election run-off who would be involved in the constitutional outreach program. Of the 44 named perpetrators along with details of the ways in which they were involved in electoral violence, many were ZANU PF Senators or MPs or ZANU PF candidates who lost in the 2008 elections. Objections were raised about UNDP, a major funder, paying per diems to known perpetrators on the teams, the issue being that it fostered impunity and lack of accountability. But at least according to ActionAid Denmark, the political impact of multilateral and bilateral foreign donor support for the constitutional outreach program was significant for reasons beyond funding individual human rights violators.

ActionAid's report, A Gathering Storm (November 2010), claims that ZANU PF used the outreach process both to successfully campaign for its positions on the new constitution in rural areas and also to rebuild its party's rural influence, especially in Mashonaland East, West and Central Provinces and Manicaland. Because ZANU PF's campaign for its preferred constitutional provisions often used violence and intimidation, the party also shrank the political space available for other political parties and positions at outreach meetings. ActionAid noted that unlike ZANU PF, "neither MDC nor civil society have launched any attempt to seriously influence, let alone dominate, the process." (s.8) In a footnote, ActionAid commented that ZANU PF's successful strategies were heavily dependent on donor funds and listed not only the UNDP but also Australia, Denmark, the EU, France, Holland, the UK, and the USA, saying: "It is ironical that Zanu-PF in this way seem to have re-conquered lost ground utilizing a process almost entirely funded by its declared Western arch-enemies." (fn 18, s.33)

If an unintended consequence of the donor-funded constitutional outreach process was indeed to facilitate ZANU PF's re-building of its rural influence, donor support for democracy-building backfired. Should donors treat all governing parties in an even-handed manner in their democracy promotion programs, even when it means supporting a party that has shown no signs of abandoning its authoritarian agenda and strategic use of political violence and intimidation against its opponents? Bilateral donor funding of the outreach program meant at least indirect support for many ZANU PF MPs and other ZANU PF leaders who are on Western sanctions' lists because of their involvement in human rights abuses - and, according to the January 2010 list published by SWRadio Africa, still other ZANU PF leaders who were central organizers of local level violence in 2008 but seem to have escaped Western sanctions. How do donors reconcile support for the constitution-making process with at least indirect support for those on Western sanctions' lists?

Civil society organizations and the MDC-T

There is some consensus among observers and analysts that opposition forces - local civil society organizations and NGOs and the MDC formations - have lost steam during the GPA and are in a defensive mode. Some analysts have accorded donors a role in the weakening of opposition forces, thus highlighting the unintended consequences of donor aid. While Raftopoulos (2010) highlights donors' emphasis on human rights agendas and the removal of a single leader at the expense of developmental issues since the emergence of an opposition in the late 1990s, ActionAid (2010) hints at donor per diems themselves having affected the nature and character of civic organizations - largely urban-based, and chiefly Harare-based (like the donor organizations themselves), seldom membership-based, and as Raftopoulos also notes, heavily focused on monitoring and reporting. Mindful of the enormous obstacles to organizing in rural areas where ZANU PF-organized coercion and patronage still prevail, the report remarks on the astonishing lack of rural organizations under volunteer leadership that mobilize against local authorities on the basis of local grievances. ActionAid comments:

"Even after several decades of realizing that the political power in Zimbabwe mainly rests in the rural areas and that the rural areas are host to the majority of the people needing the largest improvement in livelihood, the rural areas are practically nude of locally implanted or connected CSOs. Some watchdog organizations might have local representatives in rural areas ... but it appears that their task is mainly that as of conduits of information ... They are rarely autonomous local leaders linked to a national network."

These broad brush claims about the impact of donor aid on domestic organized opposition need to be supplemented or checked against more detailed examinations of specific organizations. The coexistence of a remarkably subdued population and an opposition movement that had plenty of donor support requires careful analysis for its lessons for organized opposition and democracy-building programs. Did donor support unintentionally contribute to creating an opposition movement that is not only donor-dependent but also ill-suited to the type of opposition movement needed to confront authoritarian rule in the rural hinterland?

Humanitarian aid

Humanitarian aid has been critical to the revival of basic service delivery, including health and education. Most of this aid does not go directly to the government because Western bilateral donors would like to see more government progress in the implementation of the GPA. At the end of 2010, some INGOs told me that they looked forward to the normalization of donor-government relations as they were accustomed to working with governments in other environments. Donors have now committed funds to the African Development Bank for projects that do provide more scope for government involvement. While criticisms of donors for not directly funding the government abound, internal and external actors rarely, if ever, voice criticism of humanitarian aid for helping to keep alive a government (albeit primarily "one section of it" as ZANU PF is often referred to in diplomatic parlance) that has failed to adhere to most provisions of the GPA.

An unfulfilled provision of the GPA relates to the provision of humanitarian assistance to internally displaced people (IDPs), yet one seldom, if at all, hears the international humanitarian community even raise the issue. Article 16.4 (c) of the GPA stipulates "that all displaced persons shall be entitled to humanitarian and food assistance to enable them to return and settle in their original homes and that social welfare organizations shall be allowed to render such assistance as might be required." IDPs constitute as many as almost 8 per cent of the population (1 million people), making Zimbabwe among the countries with large percentages of IDPs. (IDMC, 2010) Most of these IDPs are the product of the previous ZANU PF government's actions - farm invasions that displaced farm workers, arbitrary evictions of people from their homes in cities and towns, evictions of informal mine workers, and electoral violence. Under the IG, forced displacement continues, chiefly through ongoing farm invasions but also arbitrary evictions in areas of mining operations.

When the IG was formed, it showed some openness to addressing issues of forced internal displacement but soon retreated. The IG conducted a small-scale assessment of IDPs with UN agencies in August 2009 but the government has refused to release the results (IDMC, 2010). Unfortunately, the MDC parties seem to have no political motivation to challenge ZANU PF on the issue as the majority of IDPs are farm workers, many of whom are not even registered to vote. So another component of the GPA remains unenforced, and unlike those provisions relating to MDC governmental positions, is largely a suppressed issue. Should the international humanitarian community advocate for IDPs, a group that ZANU PF still apparently prefers to treat as if it does not exist, if seeking government permission to help IDPs might threaten the provision of humanitarian aid to other sections of the population?

Another serious dilemma for the humanitarian community is its support for basic services while ZANU PF loots diamond mining revenue for its own party purposes, including paying salaries and providing patronage to the security sector and recently even paying civil servants a salary increase. The MDC-headed Finance Ministry meanwhile is deprived of control of a substantial source of revenue. The international humanitarian community's logic is presumably that improvement in service delivery (which remains enormously deficient) not only produces benefits for the local population but will redound to the credit of opposition parties which have Ministerial control of services. But the premise is that there will be a democratic election which the MDC will win - a prospect that grows dimmer by the day. At what point does the international humanitarian community say that the economy is generating enough revenue for the government to be able to provide basic services to its population?

Conclusion

The politically charged environment in which donor aid is provided in Zimbabwe and the role that aid itself plays in inflaming domestic politics should stimulate rather than mute analysis and debate about the role of foreign aid. The cases presented above illustrate the unenviable dilemmas facing foreign donors in Zimbabwe's difficult operating environment where well-intentioned aid seems to have unintentionally contributed to weakening the opposition forces and strengthening ZANU PF. The road to hell is paved with good intentions and Zimbabwe seems well along that road for many reasons that have nothing to do with foreign aid. It is important to know if and how foreign aid may have unwittingly pushed Zimbabwe perhaps faster and further along that path and to begin to consider how withdrawal of aid or its redesign may enable taking a less destructive way.

Rights reserved: Please credit the author, and Solidarity Peace Trust, as the original source for all material republished on other websites unless otherwise specified. Please provide a link back to http://www.solidaritypeacetrust.org

This article can be cited in other publications as follows: Kriger, N. (2011) 'Foreign Aid Dilemmas under Zimbabwe's Inclusive Government', 12 August, Solidarity Peace Trust: http://www.solidaritypeacetrust.org/1092/foreign-aid-dilemmas/

References

ActionAid Denmark, A Gathering Storm: Zimbabwe's final hope for reform? December 11, 2010. http://www.kubatana.net/docs/demgg/msdk_zimreport_101211.pdf (accessed July 29, 2011).

Anonymous, The Anatomy of Terror (June 10, 2011, distributed by Sokwanele). http://www.sokwanele.com/thisiszimbabwe/archives/6800 (accessed July 29, 2011).

Gourevitch, Philip, "Alms Dealers: Can you provide humanitarian aid without facilitating conflicts?", The New Yorker, October 11, 2010.

IDMC, Global Overview of Trends and Developments in 2010, March 2011 http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/9251510E3E5B6FC3C12572BF0029C267/$file/Global_Overview_2006.pdf (accessed July 20, 2011).

Raftopoulos, Brian, "The Global Political Agreement as a ‘Passive Revolution': Notes on Contemporary Politics in Zimbabwe", The Round Table, 99:411, December 14, 2010, 705-718. http://dx.doi.org/10.1080/00358533.2010.530414 (accessed July 20, 2011).

For further information, please contact Selvan Chetty - Deputy Director, Solidarity Peace Trust

Email: selvan@solidaritypeacetrust.org

Tel: +27 (39) 682 5869
Fax: +27 (39) 682 5869

Address:

Suite 4
3rd Floor
MB Centre
49 Aiken Street
Port Shepstone 4240
Kwazulu-Natal South Coast

 


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A letter from the diaspora



Friday August 12th 2011

A friend phoned from Zimbabwe on Wednesday to enquire if I was OK. He had
been listening to the news and heard that England was over-run by rioters.
No doubt his anxiety on my behalf was influenced by Robert Mugabe’s
references to the UK disturbances in his speeches over the two day public
holiday in Zimbabwe. The Dear Leader can never resist the temptation to crow
over the UK’s troubles, which were certainly very serious.

“Solve your own problems” Mugabe told the UK (and the USA) “and leave us
alone.” Of course, he tied it all in with sanctions which he claims are the
cause of all Zimbabwe’s problems. He has called for ‘peace and tolerance’
but has consistently refused to rein in the army which is terrorising
villagers up and down the country. Neither do the Zanu PF thugs take any
notice of his calls for peace as we see in the continuing attacks on MDC
followers. The activities of the Chipangano gang in Mbare reached new levels
of horror this week with hot oil being thrown into the face of an MDC
member. The identity of some of the assailants is known to the police but no
arrests have been made. That, it seems, is Zanu PF’s definition of
tolerance.

On Defence Forces day Mugabe announced that Zimbabwe will have its first
Military University, built and paid for by the Chinese. Just why Zimbabwe
needs such an establishment is unclear. Mugabe would have us believe that
Zimbabwe is under threat from ‘the western military alliance’ as he calls
it. It’s the same old slogan, ‘Zimbabwe will never be a colony again’ that
we heard back at the last election and the one before that. When parliament
says it will debate the question of military intervention in politics,
Mugabe declares that parliament has no business discussing the conduct of
the security forces; what he means is that only HE as the Commander in Chief
has the power to determine the actions of the military.
The BBC’s Panorama on Chiadzwa and the revelations about torture camps run
by the military certainly hit a raw nerve in the Zanu PF hierarchy. “Cheap
BBC propaganda” jeered Emmerson Mnangagwa; that from a regime which excels
in propaganda of the very cheapest kind! I watched the programme and found
it rather tame. What it did, however, was to raise questions about the EU.’s
decision to allow some of the Chiadzwa diamonds to be sold on world markets.
The ICC has since said that the evidence from Chiadzwa could be used to
prosecute Robert Mugabe, who is named along with Constantine Chiwenga and
Perence Shiri as the three men ordering the murders at Chiadzwa. The
likelihood of such prosecutions happening is very remote but together with
Amnesty’s call for the UN to investigate human rights abuses by the security
sector it serves to remind the Mugabe regime that the world is watching -
even though it fails to act. As Moletsi Mbeki pointed out, SADC too, has so
far failed to act on the deteriorating Zimbabwean situation. It’s been going
on for such a long time. Apparently, no one inside or out of Africa is
prepared to take on Mugabe. What they’re afraid of is not clear; perhaps it
is the fact that he has the backing of the military.

For ordinary Zimbabweans, the sight of soldiers rampaging through villages
and townships inspires very real fear, knowing as they do what the soldiers
are capable of - but fear is not the same as respect. The army’s boasts that
it has ‘Liberation credentials’ and I was struck by the relevance of an
incident that took place in Masvingo on Heroes Day. MDC supporters wearing
party regalia attended the ceremony and all of them were subjected to
violence by Zanu PF thugs. In a particularly disgraceful display a woman was
stripped naked and savagely beaten. And the reason for the beatings? A group
of war veterans accused the MDC people of ‘showing disrespect’ to war
veterans. Respect surely has to be earned; it’s hard to see how beating
people senseless is likely to earn anything other than hatred and
resentment.

Yours in the (continuing) struggle PH. aka Pauline Henson author of the Dube
books, detective stories with a political twist set in Zimbabwe and
available from Lulu.com


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Bill Watch 33/2011 of 11th August [POSA Amendment Bill Bocked]

BILL WATCH 33/2011

[11th August 2011]

Both Houses of Parliament have adjourned until Tuesday 30th August

Before then it is likely that the President will have ended the present session and opened a new session –the 4th session of the 7th Parliament

POSA Amendment Bill: Introduced in Senate, but Blocked

Eight months after it was passed by the House of Assembly Mr Gonese’s Private Member’s Public Order and Security Amendment Bill was finally introduced in the Senate on 2nd August, when Mr Gonese delivered his speech opening the Second Reading debate and explaining the Bill in detail.  He pointed out that the Bill had been passed by the House of Assembly with co-operation of members of all parties; denied any intention to usurp the powers of the Executive by introducing a Private Member’s Bill; and argued that the Bill was furthering Articles 12 and 13 of the GPA.  Those Articles deal with freedom of assembly and the need for law enforcement agencies to be impartial.  After ZANU-PF Senators questioned the need for the Bill and said more time was needed for “research”, the debate was adjourned until 3rd August.  On 3rd August Justice Minister Chinamasa, who is ZANU-PF’s chief GPA negotiator, objected to the Bill being before the Senate at all, saying that the amendment of POSA was a matter under consideration by the GPA negotiators as part of the Election Roadmap and that further debate might undermine the Inclusive Government. 

The Minister moved that the debate be adjourned.  Mr Gonese agreed that the debate be adjourned but emphasised the Bill was not being withdrawn.  But, the Senate then adjourned until 30th August and a new Session of Parliament will probably be opened before that date, meaning that the Bill will lapse.  So Mr Gonese’s marathon, which began in November 2009 when the House of Assembly gave him permission to introduce his Bill – unopposed by ZANU-PF MPs –  has been brought to a halt on the last lap.  This is probably the end of the Bill – after these developments it seems unlikely that the Bill will be revived next Session, unless all three parties agree to do so following further negotiations. 

This tactical blocking of the Bill suggests a change of heart by ZANU-PF since December last year, when the Bill was approved by the House of Assembly with the co-operation of ZANU-PF members.  If there was an objection to the introduction of a Private Member’s Bill, that could have been raised at the beginning of the Bill’s journey or at any time since.  The Bill was gazetted on 11th December 2009, went through Portfolio Committee meetings and public hearings round the country, was in the Lower House for a year and has been on the Senate’s Order Paper since December 2010.  So, the Senators’ claims to need further time for research also ring hollow.  The end of the Session has given ZANU-PF a convenient procedural method of stopping the Bill without incurring the odium of having to vote against what are really very mild compromise amendments to a piece of legislation that many want to see repealed altogether. 

Questions raised:  Is the Inclusive Government really going to come up with more comprehensive amendments?  In the meantime, who benefits from POSA continuing in its present unamended form?  Should a member of the Executive pressure a private member to stop debate on a Bill and let the Executive deal with the matter?  Is what has happened to the POSA Amendment Bill another regrettable illustration of Parliament’s continuing subservience to the Executive? 

Human Rights Commission Bill : Public Hearings Disrupted

Parliament’s public hearings from the 18th to 22nd July in Chinhoyi, Masvingo and Mutare on the Human Rights Commission Bill were all disrupted. The Harare hearing was originally scheduled for 23rd July at Highfield.  Fear of disruption by the same unruly mobs led Parliament to change the venue to a committee room in Parliament.  But outrageously, the hearing in Parliament itself was also invaded by a violent mob – they were bussed in and several hundred were toyi-toying in Africa Unity Square before invading Parliament.  Inside the committee room members of Parliament, those attempting to make representations to the committee, journalists and members of the public were assaulted.  The hearing had to be prematurely terminated.  These events, which were clearly orchestrated and seemed to have nothing to do with objections to the Bill, are deeply disturbing because they testify to a determination by whoever organised them to erode the power and standing of Parliament as a national institution.  Also disturbing is the fact that the chaos at the hearing in Parliament went on for so long without effective police intervention.  These events recall the invasion of the Supreme Court in November 2000 by elements not prepared to entertain the notion of an independent and fearless judiciary.  It is important, as the constitution-making process nears its final stages, to remember that if State institutions are weak they cannot provide the checks and balances without which true democracy is not possible. 

Speaker’s Statement on Disturbances

On 26th July the Speaker issued a press statement on the disturbances.  He attributed the disruption in Parliament on 23rd July to “rowdy gangs identified as ZANU-PF activists who were dropped off at Parliament as they chanted their party songs and slogans.”  Condemning the events as showing contempt for the authority of Parliament and as punishable offences under the Privileges, Immunities and Powers of Parliament Act, the Speaker called on law enforcement agents to move with speed to bring “the sponsors and perpetrators of these crimes” to book, pointing out that “it is these displays of lawlessness, human rights violations and violence that continue to keep Zimbabwe high up on the international relations scene for all the wrong reasons”.  [Electronic version of full statement available.]  [Note: Identification of the perpetrators of the disturbances in Parliament on 23rd July should be easy for the police.  Parliament is equipped with surveillance cameras which recorded everything that happened.]

Electoral Amendment Bill Tabled but will have to be Revived next Session.

On 26th July the Minister of Justice and Legal Affairs tabled the Electoral Amendment Bill in the House of Assembly.  In accordance with the Constitution and the House’s Standing Orders the Bill was immediately referred to the Parliamentary Legal Committee [PLC] for the committee’s report on its constitutionality.  The PLC has until 2nd September to compile its report, although it has the right to ask the Speaker for more time if it needs it.  [Electronic version of Bill available.]

2007 Suppression of Terrorism Act Brought into Force

The Suppression of Foreign and International Terrorism Act has been brought into force with effect from the 29th July 2011, almost four years after it was gazetted on 3rd August 2007.  The commencement date was fixed by SI 88/2011.  The Act comes under the Ministry of Home Affairs.

This Act does not cover terrorism aimed at the government of Zimbabwe – that is dealt with in the Criminal Law Code.  The Act gives effect to Zimbabwe’s obligations under the UN Convention against the Recruitment, Use, Financing and Training of Mercenaries and OAU Conventions on the Elimination of Mercenarism in Africa and the Prevention and Combating of Terrorism.  “Foreign or international terrorist activity” is defined as terrorist activity directed against the government of any foreign State, and includes “mercenary activity”.  New criminal offences relating to foreign or international terrorist activity are created, such as: engaging in it; undergoing or providing training to engage in it; recruiting persons to take part in it; possessing weapons for us in it; soliciting support for or supplying weapons or information to foreign or international terrorist organisations.  There is also provision for banning foreign or international terrorist organisations and penalising membership of such organisations.

[Why Now?  Why has the Act been brought into operation at this particular time?  Fears that it could be misused against legitimate internal opposition groups seem groundless – the Act’s focus is on activities directed against foreign states.  Is Zimbabwe being used or likely to used as a base or transit route for foreign or international terrorist organisations or mercenaries?  Or was the need to fix a commencement date simply overlooked for nearly four years?]  [Electronic versions of the Act and SI 88 available.] 

Speaker’s Ruling on Contempt of Parliament: Chinamasa Off the Hook

House of Assembly Speaker Lovemore Moyo ruled on 4th August that there was no prima facie case of contempt of Parliament against Justice Minister Chinamasa.  [The Mines and Energy Portfolio Committee had reported possible lying by Mr Chinamasa, based on his failure to produce documents to back up his evidence that the Government possessed the bearer share certificates in SMM Holdings.]  The Speaker said that when the Minister failed to respond to its requests for the documents, the Portfolio Committee should have ordered him to produce them by serving a summons on him.  As the Speaker also said that the Committee has the discretion to revisit the matter in order to finalise its investigation of the SMM case, there may be further developments.  [Electronic version of ruling available.]

In the same ruling the Speaker stated that there was a prima facie case of contempt of Parliament against SMM Administrator Gwaradzimba for statements strongly criticising the Portfolio Committee made in a newspaper interview.  The statements could reasonably be deemed to demean the proceedings and character of the committee”, so the appointment of a Privileges Committee to go into the matter was warranted.  If a Privileges Committee is appointed and he is found guilty, Mr Gwaradzimba could be sentenced by the House to a fine of up to $400 or imprisonment for up to 2 years or to both a fine and imprisonment.

 

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

 

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