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Lights out as Zuma arrives

From The Cape Argus (SA), 28 August

Focus on Mugabe's failure to stick to his side of agreement

Peta Thornycroft and Stanley Gama

Harare – On the surface, it was all sweetness and light during official
speeches at a banquet hosted last night by President Robert Mugabe for
President Jacob Zuma. The hard part - outstanding issues from the political
agreement, now nearly a year old - began after the dinner and continue
today. Those disagreements concentrated on Mugabe's failure to swear in
Movement for Democratic Change (MDC) governors, his unilateral appointment
of senior civil servants loyal to Zanu PF, central bank governor Gideon Gono
and attorney-general Johannes Tomana and his arrests of MDC MPs. Mugabe has
also failed to swear in deputy agriculture minister Roy Bennett because he
is facing weapons charges, even though the state has failed for six months
to present its case to defence lawyers.

"The inclusive government has made great strides in addressing the
challenges in Zimbabwe and the remaining issues in the implementation of the
Global Political Agreement can be overcome," South African President and
SADC chair Jacob Zuma said last night at the dinner. "SADC remains at your
disposal for assistance. The remaining issues are not insurmountable, and
can be overcome. The most difficult path has already been travelled," he
said. "The bonds that united us when we battled the inhuman systems of
apartheid and colonialism still guide us today as we endeavour to build a
better life for all our people. We remain very committed as guarantors of
the implementation of the Global Political Agreement and partners, to
continue working with the Zimbabwean people to find solutions. "We are all
encouraged by how the three parties put their differences aside in the
service of this country. It is indeed very encouraging to note the
significant progress that has been made under the auspices of the inclusive
government."

Zuma flew into Harare yesterday evening amid high expectations from the MDC
that he would use his political muscle to end sharp differences in the unity
government. Zuma was greeted by the 85-year President Mugabe - defying
rumours that he was very ill - and Prime Minister Morgan Tsvangirai. But
Mugabe kept the rumour mills churning a bit longer when he arrived late at
the airport, leaving Zuma twiddling his thumbs on his aircraft for about ten
minutes before he could emerge to walk down the stairs. And because the
airport lights weren't working, vehicles had to direct their headlights to
enable Zuma's party to disembark. But it was too dark for him to inspect the
guard of honour. To remind Tsvangirai that he is a lesser being, the pro
Zanu PF public media, including The Herald, now always refers to Mugabe as
"Head of State and Government and Commander-in-Chief of the Zimbabwe Defence
Forces". And his spokesman George Charamba has been insisting all along that
Zuma has only come to Zimbabwe to open the Harare Agricultural Show today,
not to resolve the problems in the unity government.


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Zuma urges Zimbabwe to meet conditions of Western aid

http://www.reuters.com

Fri Aug 28, 2009 12:13pm EDT

* Urges Western powers to end sanctions

* No deal but Zimbabwe leaders say committed to dialogue

* Teachers threaten to strike

By Nelson Banya

HARARE, Aug 28 (Reuters) - South African President Jacob Zuma urged
Zimbabwe's rival parties to solve their differences to win vital foreign aid
for its battered economy but also called on Western powers to repeal
sanctions on the country.

Zuma, on his first state visit to Zimbabwe, said President Robert Mugabe,
rival Prime Minister Morgan Tsvangirai and the leader of a small party in a
coalition formed to try to end the crisis should fully implement their
February unity agreement.

"The inclusive government has the responsibility to fully implement the
global political agreement and thus create confidence in the process," he
said.

He added that although some countries were offering Zimbabwe humanitarian
assistance, they had set conditions for the provision of large-scale
economic aid.

"Since these relate to the implementation of the global political agreement,
to which the signatories remain fully committed, meeting these benchmarks
should be a priority in the work of the inclusive government," he said.

Mugabe and Tsvangirai are feuding over the appointment of senior officials,
sanctions and the pace of political reforms expected to end with democratic
elections in two to three years.

Zuma began a two-day visit to Zimbabwe on Thursday aimed at keeping the
power-sharing deal on track.

"The achievement of an effective recovery is also dependent on the removal
of sanctions and other measures that hold up economic development," he said.

MEDIATION

An economic recovery in once-prosperous Zimbabwe is important for South
Africa. Millions of Zimbabweans have been driven to seek work in their much
wealthier neighbour by a decade of economic decline and political crisis.

Zuma said outstanding disputes on the agreement brokered by his predecessor
Thabo Mbeki could be resolved through mediation.

But his series of meetings on Thursday and Friday with Mugabe, Movement for
Democratic Change (MDC) leader Tsvangirai and Arthur Mutambara, who heads a
tiny MDC faction, could not immediately end their disputes.

"The important factor is that there is commitment amongst all parties which
will make movement forward possible," said Zuma, current chairman of the
15-nation Southern African Development Community.

Mugabe's and Tsvangirai's parties are wrangling over the appointment of top
officials including the central bank governor and attorney-general, over
Western sanctions against Mugabe and over the pace of reform.

Zimbabwe says it needs $10 billion in foreign reconstruction aid, but has
had little success in attracting it. Western countries want to see the
government working effectively and implementing faster reform.

The government is under pressure from state employees, who earn an average
$170 a month, threatening to strike for higher wages.

On Friday the Zimbabwe Teachers' Association (ZIMTA), a union whose
membership exceeds 43,000, said teachers would strike on Wednesday, when the
new school term is due to begin. The stoppage could hit public examinations,
due in two months.

ZIMTA is pressing for a wage increase to $500, from the current $165.

In what sounded like a tougher tone against Mugabe than adopted by Mbeki,
Zuma said on Friday Africa must be united not just by geography but
democratic values.

"For this reason, the promotion of democracy, the respect for human rights
and the improvement of governance are vital for our success as a continent,"
he said.


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Zuma says Zimbabwe's coalition government is working

South African president believes Mugabe and Tsvangirai are making significant progress

 
Jacob Zuma and Robert Mugabe

Jacob Zuma (left) is toasted by the president of Zimbabwe, Robert Mugabe, during a state banquet in Harare. Photograph: Tsvangirayi Mukwazhi/AP

South Africa's president, Jacob Zuma, has given an upbeat assessment of Zimbabwe's unity government, saying he believes the worst of the country's troubles are over.

Zuma held talks in Harare with President Robert Mugabe, who looked well despite speculation over his health, and the prime minister, Morgan Tsvangirai, in a bid to end feuding between the coalition partners.

But even as Zuma struck an optimistic note, new figures showed a surge in violent attacks and human rights abuses by soldiers loyal to Mugabe.

Zuma, on his first visit to Zimbabwe as South African president, told a state banquet today: "It is indeed very encouraging to note the significant progress that has been made under the auspices of the inclusive government."

He added: "The remaining issues are not insurmountable and can be overcome. The most difficult path has already been travelled."

Speaking at the same event, Mugabe said: "I am happy to inform you that the inclusive government is alive and well and that the three principals [including the deputy prime minister, Arthur Mutambara] are committed to its success. Indeed, a political accommodation of this nature is bound to experience teething problems."

Tsvangirai's Movement for Democratic Change is hoping that Zuma, who is the current chairman of the Southern African Development Community (SADC), will put pressure on Mugabe to rein in hardline supporters and fulfil his commitment to the country's global political agreement.

Tsvangirai said after a meeting with Zuma early this morning, that he had briefed the South African leader on the "outstanding issues" of the political deal.

But in an interview with the Guardian earlier this month, Tsvangirai admitted he could not expect preferential treatment from Zuma. "He doesn't take sides," the prime minister said. "He is committed to ensuring all the issues of the global political agreement are implemented, because he's chairman of SADC.

"He cannot pick and choose between Zanu-PF and MDC. What he wants to see is the strengthening of the inclusive government. He wants to see progress, he wants to see more positive outcomes."

The politicians' performance was criticised by non-governmental organizations. The Zimbabwe Human Rights NGO Forum said cases of political violence and rights abuses surged to 125 in June compared with 99 incidents recorded in May.

"The month of June saw the levels of organised violence being sustained with little indication that the Government of National Unity was committed to ending human rights violations in the country," the forum said. "Of note in the month of June is the increase in incidents of violence reportedly perpetrated by members of the army against civilians … It is alarming that some members of the ZNA [the army] appear to be a law unto themselves and continue to harass defenceless civilians."


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Zuma backs speedy democratic reforms in Zimbabwe

http://www.monstersandcritics.com

Africa News
Aug 28, 2009, 16:54 GMT

Harare - South African president Jacob Zuma Friday ended a two-day visit to
Zimbabwe to mediate between President Robert Mugabe and Prime Minister
Morgan Tsvangirai, saying they had agreed to accelerate implementation of
their power-sharing agreement.

Speaking as he opened Harare's annual agricultural show, Zuma urged Mugabe
and Tsvangirai - partners in the countrys coalition government - to work
together to remove any remaining obstacles in honouring the agreement.

Zuma held consultations with Mugabe and Tsvangirai, separately and together,
after the pro-democracy leader appealed to him early this month as head of
the regional organisation that brokered the transitional administration to
get the 85-year-old president to stop maintaining his repressive rule.

The parties were in agreement on the need to speed up the implementation and
find solutions to the current points of the agreement, Zuma said.

The government also has a responsibility fully to implement the agreement
and create confidence in the process, Zuma said - in an apparent criticism
of Mugabes insistence that he has met all his undertakings.

MDC sources said that Tsvangirai had been pleased with Zuma's mediation, and
that he had been very fair in the talks.

It was in marked contrast to (Thabo) Mbeki, he said, referring to Zuma's
predecessor who last year brokered the talks that led to the coalition
agreement.

Tsvangirai and Mbeki constantly clashed, with Tsvangirai demanding his
replacement as mediator because of his open support for Mugabe. Mbeki was
widely criticised for his policy of quiet diplomacy in which he never
criticised Mugabe.

MDC sources said that at 11 pm on Thursday Zuma had interrupted a lengthy
banquet hosted by Mugabe on Thursday night when he insisted he leave to meet
privately with Tsvangirai.

After that two-hour meeting, he went on to meet deputy prime minister Arthur
Mutambara, the leader of the breakaway faction of Tsvangirai's Movement for
Democratic Change and the other partner in the coalition government, for
another two hours.

Tsvangirai says Mugabes police are on a campaign of trumped-up prosecutions
of MDC MPs and human rights activists, his cronies are still invading
white-owned farms, he will not budge on his unilateral appointment of his
cronies to central bank governor and of provincial governors, is stalling on
moves to create a democratic constitution and on media reform and refuses to
swear in Tsvangirai's popular white aide, Roy Bennett.

Mugabe claims that Tsvangirai has not carried out his obligation under the
agreement to have sanctions against the government lifted. Observers say
that the only measures are travel and investment bans against Mugabe and his
close circle that have had no effect on the economy of the country.

Before Zuma's visit, there were hopes among Tsvangirais camp that Zuma
would, behind closed doors, be firm with Mugabe, after remarks on Wednesday
by Gwede Mantashe, secretary-general of South Africas ruling African
National Congress, that the wave of prosecutions of MDC MPs amounted to
deviant behavior by Mugabe, and that Zuma would be vocal in his criticism.

The MDC says Mugabe's refusal to budge on democratic reforms is blocking
massive aid from Western countries that insist on irreversible change before
they open their wallets.

The country is also facing famine among 2.8 million people and the imminent
outbreak of cholera that killed 4 000 people last year.

Analysts say Mugabe is under pressure from powerful hardliners in his party
that are fiercely opposed to any concessions that would see them lose power
and privileges.


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Teachers strike as new school term opens

http://www.newzimbabwe.com

      28/08/2009 00:00:00
     by Lebo Nkatazo

EACHERS have called for an indefinite nationwide strike ahead of Zimbabwe's
school opening on Tuesday to press for better pay and working conditions, a
union announced on Friday.

Addressing a press conference following a meeting of the Zimbabwe Teachers
Association (ZIMTA), the association's president Tendai Chikowore said
teachers resolved to go on strike at their annual conference in May, but the
union had delayed the action in the hope that government would respond to
their wage demands.

"Having observed that since march 2009, lots of promises to address the
educators grievances by the employer have proven to be a non-event and
having exhaustively consulted, lobbied and negotiated with principals
involved on the remuneration issue, educators have, as a last resort,
resolved to proceed to withdraw labour with effect from the 2nd of September
2009 until demands are met," said Chikowore.

He added: "Educators should not continue to live in abject poverty and
perpetual debt caused by the burgeoning unpaid domestic utility bills and
unaffordable costs of educating their own children even at institutions they
teach.

"It is in the interest of the employer to ensure that demands are met so as
not to dishearten parents and students who have sacrificed so much in
examination fees, levies, tuition fees and long hours of examination
preparation."

Teachers are currently earning US$155 per month after tax, and they are
seeking a review that is in line with breadline which is currently pegged at
US$502, the union said.

Chikowore said ZIMTA members want the government to pay teachers and were
opposed to the current trend where parents and guardians pay incentives to
teachers to top up the "inadequate pay".

Last week, the United Nations said nearly 1,5 million children in Zimbabwe
require assistance to access education as parents find the going tough
following the dollarisation of the economy.

ZIMTA has also demanded "relaxed re-engagement procedures" for teachers who
have left the education sector in the last 10 years of a political and
economic crisis

"Educators demand that all outstanding applications for such educators be
expeditiously processed," Chikowore said.

The teachers announcement of strike action comes just two days after doctors
called off their industrial action on humanitarian grounds, but gave the
government a month's ultimatum to review their salaries.

The strike action by teachers puts in jeopardy the preparation of national
examinations that traditionally start in October.

Last week, the Progressive Teachers Union (PTUZ) said problems encountered
last year during the sitting of examinations are likely to occur again this
year, accusing the Zimbabwe Schools Examinations Council of bungling the
preparations.

"So far, indications are that the same problems which schools and candidates
experienced in 2008 are still hanging about and will revisit the 2009
October/November examination sessions," the PTUZ said.

"If Zimsec had an organisational conscience, surely it could have learnt
from its string of blunders and worked to restore the integrity of our
examination system."


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Aid groups remain on high alert after false alarm about cholera

http://www.swradioafrica.com/

By Alex Bell
28 August 2009

Aid groups in Zimbabwe have said they will remain on high alert over
potential cholera outbreaks, despite a false alarm about cholera near
Chipinge last weekend.

A dozen people in the Chibuwe district near Chipinge received urgent medical
care last weekend after displaying symptoms similar to those associated with
cholera, which last year spread through Zimbabwe leaving more than 4000
deaths in its wake. But this week, medical officials confirmed that the
'outbreak' was likely the result of food poisoning, with medical tests
proving negative for the water-borne bacteria.

A report by the World Health Organisation representative in Zimbabwe,
Custodia Mandlhate, detailed that samples taken from five of the cases
tested negative for cholera. The cause of the illness, which caused the
patients to suffer from severe diarrhea, was suspected as "severe food
poisoning, as a number of the patients reported attending local beer parties
prior to developing symptoms," Mandlhate noted.

Investigations into the cause of the illness are still ongoing, and with aid
officials warning that another cholera outbreak is 'inevitable', medical
groups are remaining vigilant. Officials from the UN have said the threat of
cholera returning must not be overlooked, because the country's basic
infrastructure, including water reticulation systems, has remained in a dire
state of disrepair.

Medical charity Doctors Without Borders has also warned that the root causes
of last year's cholera outbreak have not been adequately addressed. The
charity's head of mission in Zimbabwe, Rian van de Braak, said with the
rainy season fast approaching, "everyone expects cholera to be back."

"Dealing with the causes of cholera before the next rainy season will be a
race against the clock," said van de Braak. "Nobody knows how big the next
outbreak will be, but we are ready to respond immediately."

Van de Braak continued that medical teams were prepared for a 'worst case
scenario', but explained the country should be better able to combat the
disease, compared to last year. She explained that medical supplies are
being stockpiled to fight the disease, should it start spreading once again.
She added that education efforts have also proved successful in remote
areas, with more people likely to be aware of how cholera spreads and how it
should be treated, than compared to last year.


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Harare's western suburbs run dry

http://www.newsnet.co.zw/index.php?nID=16757

Posted: Fri, 28 Aug 2009 12:04:14 +0200

Most western suburbs in Harare have once again run dry raising fears that
the deadly cholera disease might recur.

Residents of Glen Norah, Glen View and parts of Budiriro have resorted to
fetching water from shallow wells, drains and other unprotected sources of
water, due long queues at available boreholes.

Harare city council spokesperson, Mr. Leslie Gwindi attributed the water
cuts to the replacement of pipes going on in the city.

He said water shortages will continue until all pipes are replaced.

Residents have, however, called on the council to provide them with water
bowsers while the installation of water pipes is underway.

The residents also said they have been forced to boil water fetched from
streams for drinking due to the water cuts.


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Gov minister declares support for farm invaders defying High Court

http://www.swradioafrica.com/

By Alex Bell
28 August 2009

Deputy Energy Minister and Harare South MP, Hubert Nyanhongo, has moved to
defend a group of his supporters who have invaded two farms in Harare South,
saying they will not vacate the land.

The invaders have remained on the farms despite three High Court orders for
them to leave. The farms, Nyarungu and Stoneridge, are owned by Jetmaster
Properties and Pinnacle Property Holdings and have been at the centre of the
reported ownership wrangle. Nyanhongo told the Zimbabwe Independent this
week that the two companies were 'wasting their time' because the farms were
allocated by the government to his supporters. He charged that the two firms
had 'illegally' acquired the farms.

"Stoneridge was acquired by government in 2000 as well as Nyarungu for urban
expansion," Nyanhongo said. "Our people applied to be allocated the two
farms. Some of the applications were made through housing cooperatives."

He said his supporters were later given offer letters for the land.

"Offer letters came from the government and the farms are now state land."
the deputy minister said. "The government position remains the same and we
will fight for the land to the bitter end."

The Independent however reported that in a letter dated July 3 2009 from the
Ministry of National Housing and Social Amenities, it is clear Stoneridge
farm was not gazetted for acquisition by the government.

"Stoneridge farm was owned by Mr Evans but was not gazetted. The original
owner sold it to Pinnacle Holdings," read the letter. "This matter needs to
be resolved by Ministries of Local Government and Lands. Until this is
resolved government has no legal say on Stoneridge."

In an effort to assert its ownership of Nyarungu farm, Pinnacle Property
Holdings reportedly obtained three High Court orders for the occupiers to
"stop housing cooperatives, and companies and individuals to stop selling
stands at the property," according to the Independent. The orders were
granted in 2003, 2005 and in April this year, and the court, in its ruling,
held that Pinnacle was the legitimate owner of the land. The legal dispute
on Stoneridge is still pending before the High Court.


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IOM labour migration centre opens in Beitbridge


An IOM-managed Labour Migration Centre, opening today in the border town of Beitbridge, will facilitate the flow of seasonal migrant workers to South Africa and reduce the risks associated with irregular migration.

The opening of the Centre follows the signing of a Memorandum of Understanding between the governments of Zimbabwe and South Africa aimed at strengthening cooperation and promoting safe and orderly labour migration between both countries.

The facility will be housed at the IOM Beitbridge Reception and Support Centre, which opened in 2006 and has provided humanitarian assistance to more than 314,000 Zimbabweans returnees.

The new Labour Migration Centre, in partnership with the Zimbabwean Ministry of Labour and Social Welfare and the South African Department of Labour, is part of a pilot project which will match an estimated 5,000 Zimbabwean job seekers with the labour needs of five commercial farms in South Africa.

Zimbabweans wishing to participate will register with their District Labour Centre and their profiles will be sent to the IOM database in Beitbridge. Custom designed software will match their applications with the labour needs of the South African farmers.

The selected candidates will undergo medical screenings and will be interviewed by the prospective employers. Once selected, labour migrants will be receive passports and work permits allowing them to travel and reside in South Africa for the duration of their contracts.

"This pilot project comes at a critical time when South Africa has announced a special dispensation permit for Zimbabweans wanting to work in South Africa, and is in line with IOM's efforts to strengthen cooperation and support organized labour migration between the two countries," explains Marcelo Pisani, IOM Chief of Mission in Zimbabwe

Since 2008 IOM has been implementing a cross border labour migration project to facilitate the temporary and safe migration of Zimbabwe farm workers to the Limpopo Province of South Africa.

The Labour Migration Centre and the pilot project are supported by the Swedish International Development Cooperation Agency (SIDA), the IOM 1035 Facility which provides support to IOM Developing Member States and Member States with Economy in Transition, and by ILO, which provided the Information Technology.

For additional information please contact, Judith Chinamaringa, IOM Zimbabwe, Tel: 011885266, Email: jchinamaringa@iom.int


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Banks start offering personal loans

http://www.thezimbabwean.co.uk

28 August 2009

By The Zimbabwean

SOME banks have started offering personal and corporate loans to account
holders who receive their salaries through the respective banks. An official
manning the CBZ stand at the Harare Agricultural Show said the bank was
offering short term mortgage loans through CBZ Building Society, a
subsidiary of CBZ Bank which was founded after the incorporation of the
former Beverly Building Society into the bank.

"It is true that we are offering short-term mortgage loans but these are
only for our account holders and there are certain conditions that we
require for one to qualify for the loan. "One of the conditions is that, the
loan will only be advanced against the security of immovable property (such
as a house), though a bond shall not be registered except in cases of a
defaulter," he said.

He also said that advances would only be availed for refinancing and home
improvements on condition that one demonstrates capacity to repay the loan
within the prescribed period. The bank would also charge monthly interest
rates.
"We charge 10 percent per annum for 30 days, 12 percent per annum for 60
days and 14 percent per annum for 90 days," he added.
The minimum loan amount is US$500 and the maximum, US$25 000.
CBZ is also offering personal loans to account holders who receive their
salaries through the bank. One gets a loan half their salary plus a 10
percent monthly interest charge.

For example, if one gets a monthly net salary of US$300, they receive a loan
of US$150 repayable over an agreed period time with 10 percent interest of
US$15 per month.
Ironically, the bank offers less than 1 percent interest to account holders
who regularly deposit money into their accounts.


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MISA: Ruling says AIPPA should be amended


Media Alert
28 August 2009

Amend AIPPA- African Commission

The African Commission on Human and Peoples' Rights (ACHPR) has ruled that
the Zimbabwean government should repeal sections 79 and 80 of the repressive
Access to Information and Protection of Privacy Act (AIPPA) which
contravenes Article 9 of the African Charter on Human and People's Rights.

It also ruled that statutory media regulation as epitomised by the now
defunct Media and Information Commission (MIC) was contrary to the principle
of media self-regulation as enunciated under the African Charter to which
Zimbabwe is a state party.

As part of its ruling, the Commission also ordered that it be furnished with
a report pertaining to the implementation of its recommendations within six
months from the date of its judgment.

The ruling was submitted to the Executive Council of the African Union at
its 15th ordinary session held in Sirte, Libya, on 24 - 30 June 2009.

This followed a communication (complaint) filed against the government by
the Independent Journalists Association of Zimbabwe (IJAZ), MISA-Zimbabwe
and the Zimbabwe Lawyers for Human Rights (ZLHR) as the complainants. The
complainants successfully challenged the legality of sections 79 and 80 of
AIPPA.

Section 79 deals with the compulsory accreditation of journalists and the
optional accreditation of part time or freelance journalists. Section 79 (3)
prohibits the accreditation of non- citizens, although they may be granted
temporary accreditation for a period not exceeding 60 days. Section 80 deals
with issues of abuse of journalistic privileges in relation to publication
of falsehoods and injurious statements.

In the communication recorded as 297/2009, the complainants challenged the
constitutionality of the requirements compelling journalists to be
accredited, criminalisation of offences relating to abuse of journalistic
privileges and statutory regulation of the profession. The applicants
contended that these aspects of the Act were incompatible with the
provisions of Article 9 of the African Charter.

In its defence, the state argued that the provisions in question did not
violate Article 9 of the Charter saying there was nothing prejudicial with
the registration and accreditation of journalists. They also argued that the
process of accreditation was not onerous, that the right to freedom of
expression was not absolute, and that the practice of journalism did not
place it beyond statutory regulation.

The Commission, however, ruled and recommended that:

· Section 79 and 80 of AIPPA be repealed

· The offence relating to accreditation and the practice of journalism
should be decriminalised

· AIPPA should be reformed to conform with Article 9 of the African Charter
and other principles and international human rights instruments

· The government should adopt legislation that provides a framework for
self -regulation by journalists

The Commission said compulsory accreditation of journalists is deemed at
both national and international levels to be a hindrance to the effective
enjoyment of the right to freedom of expression.

Compulsory licensing or accreditation also amounted to a restriction on the
freedom to practice the journalistic profession and aims to control rather
than regulate the profession of journalism. The Commission further observed
that registration should be for the betterment of the welfare of journalists
and that the provisions of AIPPA were inconsistent with this objective owing
to the onerous requirements imposed.

The Commission made extensive reference to the provisions of other
international instruments on freedom of expression. Reference was made to
Article 10(2) of the European Convention on Human Rights, Article 13 of the
American Convention on Human Rights, and Article 10 of the European
Convention as well as the Declaration of Principles on Freedom of Expression
in Africa.

On that basis the ACHPR ruled that any restriction of freedom of expression
should be provided for by law and must serve a legitimate interest and be
necessary in a democratic society. The restrictions imposed by AIPPA did not
fall within the realm of this basic spectrum.

The Commission noted that a regulatory body such as the now defunct Media
Information Commission whose regulations were drawn up by government cannot
be claimed as self- regulatory. "Any act of establishing a regulatory body
by law brings the body under the control of the state, hence the need to
have a legislative framework that provides for self- regulation by
journalists," observed the Commission.

The government has since amended AIPPA only to replace it with yet another
statutory body in the form of the Zimbabwe Media Commission and in terms of
Constitutional Amendment No 19 of 2008. This is in breach of the provisions
of the African Charter which states that self- regulation is the best system
of effecting professionalism in the media.

End

For any questions, queries or comments, please contact:

Nyasha Nyakunu

Senior Programmes Officer

MISA-Zimbabwe


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Zimbabwean teenager in the UK gets record number of 'O' levels

http://www.swradioafrica.com/


By Lance Guma
28 August 2009

A sixteen year old Zimbabwean student in the United Kingdom, Passionate
Chiedza Munyengeterwa, set a new record at a her school after notching up 18
A's for her GCSE 'O' levels. A student at Manchester's Wrights Robinsons
School, Passionate showed a passion for her school work by sitting for 12
subjects. She opted for advanced diploma courses in several of the subjects
and this took the tally of her results to 18.

Newsreel spoke to Passionate at her Manchester home and she said she could
not believe the results and everything felt 'so unreal.' She said she was
still awaiting confirmation to see if her results made her the best student
in the whole of the UK for this year. But she has certainly broken all the
records at her school, which was set up in the 1940's.

Her ecstatic mother Hilda Mutodi told Newsreel that she knew her daughter
was intelligent but she did not expect the number of distinctions she
managed to notch up. Under the exam system in the UK, Passionate scored 17 A
pluses and one A. Some of the subjects she sat for included Maths,
Statistics, English Language, English Literature, Core Science, Additional
Science, History, Geography and Media.

Before deciding what career to follow Passionate told us she had wanted to
see which subject she would perform well in. But now she has 18 A's, in
various subjects, and will have difficulty in making her decision.


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Merchants of violence regroup

http://www.thezimbabwean.co.uk

28 August 2009

By The Editor

The merchants of violence are on the rise again!
It is abundantly clear that the cells of violence and murder are being
reactivated across the country with the twin objectives to undermine the
unity government and to keep the militias, so-called war veterans and other
goons primed to unleash yet another orgy of violence on the electorate as
by-elections beckon in at least 17 constituencies.

Not that Zanu (PF)'s shock troops had ever been demobilised. They had merely
taken the backseat, unsure of their role and place after formation of the
unity government and the relative peace that came with it.

But the agents of violence have awakened from their slumber and it is back
to business as the latest report by the Zimbabwe Human Rights NGO Forum
testifies.
According to the report, excerpts of which we publish elsewhere in this
paper, cases of political violence and human rights abuses surged to 125 in
the month of June compared to 99 incidents recorded the previous May.

Zanu (PF) militia have stepped up attacks against MDC supporters, farm
invasions are on the rise across the country, while armed soldiers wreck
havoc in the countryside or as the Forum puts it: "members of the Zimbabwe
National Army appear to be a law unto themselves".
As a matter of principle, we do not subscribe to the primitive notion of
retribution as a way to settle scores. But it would be a grievous injustice
to allow this wanton criminality to go unpunished all in the name of
reconciliation and national healing.
Invading farms to steal crops and machinery that are sold on the
black-market for profit is neither land reform nor politics.

Likewise, there is absolutely nothing political about young men - whether
Zanu (PF) militia or ZNA soldiers -- roaming the countryside assaulting
innocent villagers, molesting and raping defenceless women. It is common
crime and it must be punished.
The genuine need for national reconciliation and healing cannot be an excuse
for impunity. We urge all good citizens to do their part and keep records of
names of these thugs. For, as sure as day follows night, the day of
reckoning must and will come. It's over to you Zimbabweans!


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Mugabe's house of hunger

http://234next.com/csp/cms/sites/Next/ArtsandCulture/Books/5446991-183/story.csp

      By Ikhide R Ikheloa

      August 28, 2009 06:27PMT

I have just read The Trials of Robert Mugabe by Chielo Zona Eze. In this
unusual book, Big Man of Zimbabwe, Robert Mugabe, dies and finds himself in
God's court of justice. He is held to account for the violence wreaked upon
Zimbabweans during his tenure.

It is horrific: Mugabe has several tools in his evil arsenal to break the
backs of the people he led into the Promised Land from Ian Smith's white hot
hell. It would appear from the book's account and popular opinion that Ian
Smith was benevolent compared to Mugabe. We are talking rapes, horrific
murders and ethnic cleansing.

The judges are an eclectic trio; Chief Judge Olaudah Equiano, Judge Steve
Biko and Judge Dambudzo Marechera.

The judges are interesting. Why Equiano? Why Biko? And in particular, why
Marechera? The only Zimbabwean of the three, Marechera is possibly the least
known. Viewed by some as possibly one of the most gifted literary talents
out of Africa, he led an incredibly troubled existence and died an early
death in 1987 from the ravages of HIV/AIDS. Oh Marechera!

Many beautiful years wasted by self absorption and self destruction, aided
by the pretend-balm of alcohol. Anthems to Marechera are an ode to
narcissism perhaps brought on by mental health challenges.

In death, however, he has acquired a cult following drawn to his few works
including The House of Hunger, a slim novel about Zimbabwe: a house of
hunger; a place, according to the book's blurb, of madness, violence and
despair.

Anyone reading Marechera's poem, 'Where the Bastard is God', would have a
hard time imagining him as a judge in a white God's court. Mugabe's Zimbabwe
once banned one of his books, but that is hardly an incentive for him to now
kowtow before the God that gave us slavery, colonialism and the ravages of
capitalism.

Besides, as Mugabe plaintively boasts in the book, "[N]o white God will ever
preside over my trial."

All through the trial, Marechera is the quietest. That would be out of
character. I can just see him filled with alcoholic rage, sputtering, "F*ck
Mugabe! F*ck Zimbabwe! F*ck you God!" Yes, Marechera would most likely spit
viral venom in the face of a God who gave Africa slavery, colonialism and an
army of Mugabe-locusts. Three black judges. One white God. Interesting.

There is also the question: why Mugabe? Who is judging the slave masters,
the colonialists and the masters of capitalism? Again, some would
immediately question why a black man would appear before a white God to face
justice.

Where was this God when Southern Africa was being raped by whites? Indeed,
when is the book going to be written - The Trial of Ian Smith? Should he go
before a white God?

One could therefore make a compelling argument that the book leans heavily
on the Eurocentric, measuring practically everything against white
standards. At the very least, the assumption of an African afterlife in a
white court is hard to take.

The non-eclectic reader is advised to do some research to understand the
context of this unusual book. The unwary reader quickly finds the need for
research. Who are these judges and why are they standing in judgment over
Robert Mugabe?

Who is Yvonne Vera, the chronicler of these tales of horror? Who are all
these people? If you have Google by your side, the book becomes an exciting
treasure hunt. Zimbabwe is a hot-bed of some pretty good literature.

Certainly, the book does show a political bent that is anti-Mugabe. The
attempt to foist ideological and intellectual incoherence on Mugabe displays
a political tilt that betrays the book's lack of objectivity. Mugabe never
really gets to defend himself, which is fine with this reader, who happens
to loathe Mugabe, but this is a Kangaroo court.

Nevertheless, The Trial of Robert Mugabe is living, breathing history
wrapped carefully in the toga of fiction. We must pay attention. Black on
black crime is still crime.


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People Get Ready

Sometimes when you hear a song that touches your heart, it tends to remind you of an event or an episode in your life. It is usually about good memories. If it is a gospel song, it is about redemption. It is therefore unusual for a song to be noted for its forebodings or bad tidings. It is precisely this chilling effect that I would like to share with you. This happened to me when I was listening to Curtis Mayfield’s People Get Ready.

The more I listen to the lyrics of the song, the more I was drawn to the plight of all Zimbabweans. It's kind of crazy I know. But the freedom of thinking and the freedom of expression that I enjoy means I can always share with anybody who cares to read about this. These are simply my thoughts backed by realities on the ground in Zimbabwe.

The song advises people to get ready for the trains are coming. These trains would be taking people from coast to coast. Obviously it is hard to think of any trains or a coast in Zimbabwe. However, what is almost certain in Zimbabwe is that the killings are coming. Unlike during the Gukurahundi massacres that were confined to Midlands and Matebeleland. This time it will be from border to border and perhaps even less so in Matebeleland. Less so in Matebeleland because Zanu PF is more incensed by what it sees as a great betrayal by its traditional supporters in Mashonaland provinces, Manyikaland and Masvingo.

You may wonder where I'm getting all this from but its all there for us to see. What I am surprised of, is that most of us Zimbabweans are sleepwalking into this Zanu PF snare and the international community is not very much interested and should not be relied upon. It has long been Zanu PF strategy to hold onto power at all cost and until death do us part. ZanuPF's life president Robert Mugabe will not leave office before nature calls him. The three previous vice presidents have clearly shown us that the only way to  go (to relinquish the presidium) is through natural death. Nkomo, Muzenda and Msika have emphasised this fact not once or twice but thrice! What more would you have liked them to say?

What has been clear all along is that as Zanu PF’s popularity waned, it relied more and more on state brutality enhanced by the co-option of unelected and unelectable ministers (war marshals) defying the people’s express wishes. It is these unelectable ministers and securocrats  who are the architects of the Till Death Do Us Part strategy who are mostly driven by the desire to protect their loot, the fear of facing justice and the realisation that their party will not win a free and fair election in the foreseeable future.

Apart from the leaked public opinion survey, it is an open secret that Zanu PF has also carried out its own private public opinion surveys on no less than two occasions and the revelations were dire and confirm what we already know today. Unfortunately it is precisely this realisation that has strengthened Zanu PF’s resolve to rely on state brutality and their reversion to blood-letting tendencies.

  Zanu PF is not going to go into elections knowing it’s going to lose. This explains why no single bye election has taken place despite the existence of possible 14 bye election vacancies. All of them will be eventually be “won” by Zanu PF as will be the next general election. People Get Ready. The beatings and killings as a strategy for “winning” next elections has already started in the remote rural areas. Zanu PF will be content with just 10% of the electorate coming out to vote as long as they vote Zanu PF. Any wonder why a country surrounded by friendly neighbours and not at war with another nation is amassing tons and tons of weaponry and ammunition.  Of course it’s all for use on its citizens. We have seen the same kind on scenario in Rwanda where almost a million civilians were massacred.

People Get Ready. I have listened to the arguments in support of the GNU and the road map that includes the crafting of a people driven constitution as a milestone. In other situations with different players these will be all well and good but we are dealing with Zanu PF who are merely using these arrangements to serve as a welcome detour while finalising its strategy.  Zanu PF has not respected the current constitution and continues to violet it. Zanu PF has not observed and respected the spirit of the Global Political Agreement (the document Chimanasa flagrantly trashed) but was still adopted. Zanu PF did not respect the outcome of the constitutional referendum of 1999. I do not see how anybody can trust Zanu PF on any of these issues. But true to the Zimbabwean spirit of trust; here we are again putting the cart before the horses. All we need now is faith.

People Get Ready. All we need is faith. A recent picture of the Prime Minister dressed in white while seated among the members of the apostolic faith summed it all up for the nation. His feet were bear and his countenance totally immersed giving the impression that he had left everything to Devine intervention. When the trains are coming we are told we do need no tickets or luggage we will just go on board like lambs to slaughter.

It feels like I have just woken up from a bad dream. Take care. People Get Ready. All we need is faith. I am not sure if Zuma is a man of faith but any help would do.

John Huruva

Jhuruva2002@yahoo.co.uk

 


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A letter from the diaspora

http://www.cathybuckle.com

28th August 2009

Dear Friends.
The BBC World Service last night showed an interview with Moeletsi Mbeki,
the brother of the former president of South Africa, and an
independent-minded man who has shown in his speeches and writings that he is
not bound by rigid partisan political thinking. He was asked in the
interview whether he thought anything would come out of President Zuma's
visit to Zimbabwe. In sharp contrast to the naive optimism being expressed
by some commentators inside Zimbabwe, Moeletsi Mbeki replied, with reasoned
argument, that he thought very little would come out of Zuma's visit to
resolve the stalemate in the Zimbabwean political situation. As evidence of
this he cited Zuma's own political credentials. As a Liberation fighter, as
was Mugabe, Zuma has not demonstrated that he differs in any way from the
'Liberationist' stance taken by SADC and the AU , both of which
organizations have failed to raise their voices to condemn Zimbabwe's
blatantly rigged elections and human rights abuses. As Mbeki pointed out,
South African observers were there in Zimbabwe and saw for themselves the
rigging and intimidation but still declared the elections 'free and fair'.
In addition, the ANC itself has also not spoken out clearly to condemn the
continuing violations of the GPA by Zanu PF. In effect, Mbeki argued that
President Zuma's visit to Zimbabwe was unlikely to bring about any real
change in Robert Mugabe's behaviour. Like his predecessor, Zuma is bound by
the 'Old Boy' network that continues to protect Africa's dictators. Only two
African leaders, Moeletsi Mbeki pointed out, have actively condemned
Mugabe's blatant rigging of elections. Mbeki might also have pointed out
that Zuma has only a short period left before he hands over the Chair of
SADC to Angola, another ally of Robert Mugabe.
It was interesting in the light of Meoletsi Mbeki's comments to read what
President Zuma said at the banquet held for him by President Mugabe at State
House last night. Zuma spoke of 'positive developments' foretelling 'good
things' for Zimbabwe, a suitably vague comment which could be taken to mean
just what his listeners wanted to hear! "We are all encouraged" Zuma went
on, "by how the three parties put their differences aside in the service of
the country.The remaining issues are not insurmountable and can be
overcome." Perhaps it was too much to expect that Zuma would spell out the
specifics at such a 'ceremonial' occasion but the fact that he had already
had a private meeting with Robert Mugabe before the banquet rather suggests
that Mugabe still has the dominant voice.
As for 'putting their differences aside' as President Zuma put it, we had
two different speakers from the Zanu PF side this week who both articulated
the real state of affairs, six months after the GPA was signed. Patrick
Chinamasa the Zanu PF Minister of Justice who had earlier led the walkout of
Zanu PF ministers at the retreat held for members of the Unity government
said prior to Zuma's visit, "Our position is very clear. We hope our
principal, President Robert Mugabe tells President Zuma that the outstanding
issues are sanctions and external interference." Chinamasa went on to
dismiss the issues of the Governorship of the Reserve Bank and the office of
Attorney General saying, " they are nowhere in the GPA. There is continued
interference in our private affairs."
It was Didymus Mutasa, the one remaining old war-horse and close ally of
Robert Mugabe, speaking to Zanu PF parliamentarians the day before President
Zuma arrived in the country, who spelt out in no uncertain terms the
'hardliners'stance. Mutasa's words hardly suggest that differences have been
set aside 'for the good of the country'. "Cde Mugabe is the head of
government," he said, "He is the one who chairs our cabinet. He is the one
who tells us all, including the Prime Minister, what should be done." With
breath-taking disregard for accuracy, Mutasa went on to claim that "the MDC
was responsible for the poverty and starvation currently taking place in
Zimbabwe" all of this he alleged was a result of sanctions which the MDC has
invited. He reminded the Zanu PF parliamentarians that they should never
forget that "the MDC want nothing less than regime change." That last
statement is perhaps the most accurate in Didymus Mutasa's wild ramblings.
To get rid of Mugabe was after all why the people voted for the MDC in the
last election and why they are increasingly disillusioned with this
Government of National Unity's failure on so many fronts: to restore the
rule of law, to take forward the constitutional process and to bring about
media reform. One report in the Zimbabwe Independent concerning this last
point clearly shows how fed up ordinary people are with the continued use by
Zanu PF of the media to further their own propaganda and continue the
deification of Robert Mugabe. Some 200 ordinary citizens attended a Public
Meeting called by the Media Committee of parliament to sound out public
opinion on the conduct of the state-controlled media in Zimbabwe. It was a
school girl in a bright red jersey who had the crowd on their feet,
applauding and cheering when she said, "If I go to America to study medicine
I will never come back. The media made me hate my country." That young
school girl spoke for so many of us inside the country and outside in the
diaspora. Is it likely that President Zuma and other African leaders will
read her words and think again about their support for the 'Liberation Hero'
who has led his country to the brink of annihilation?
Yours in the (continuing) struggle PH.


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Bill Watch 29 of 27th August 2009 [Update on GNU]

BILL WATCH 29/2009

[27th August 2009]

Ceremonial Opening of Second Session of Seventh Parliament

Tuesday 1st September

The President will make the customary opening speech to a joint sitting of both Houses, outlining the Government’s legislative agenda for the new session.  The Houses will then adjourn for a week before commencing normal business.

Update on Inclusive Government

The inclusive government formed in February has now been in existence for six months.  There has been much talk, but much of the promised action seems to be stalled by lack of agreement between the three parties.

Ministerial Review – Ministers spent the weekend of 21st and 22nd August in “retreat” at Nyanga to review progress on the 100-day Action Plan.  The Prime Minister admitted that  “progress has been disappointingly slow” – he mentioned slow economic growth, continued violations of the rule of law, delays in launching a land audit, and inability to stop the brain drain and revive health and education.  A promised report on the review has not yet been released.  

Impasses to be discussed with President Zuma – South African President Jacob Zuma, current SADC chairperson, will be on a two-day working visit to Harare arriving late on the 27th and is due to meet the three GPA [the Interparty Political Agreement commonly known as the Global Political Agreement] principals, the President, the Prime Minister and Deputy Prime Minister Mutambara, to discuss problems in the inclusive government ahead of next week’s SADC Summit. 

MDC-T has said it will be raising several issues including the unilateral appointments of the Attorney-General and the Reserve Bank Governor after the GPA was signed, Ministerial mandates, the President's refusal to swear in MDC-T’s Senator Roy Bennett as a Deputy Minister; and. the delay in appointing new provincial governors nominated by MDC-T and MDC-M [although party negotiators agreed to a new distribution of these posts at the end of this August, the President is still said to want any change delayed till August 210 when the incumbents’ terms end.] 

ZANU-PF has claimed that MDC-T concerns have been satisfactorily resolved already but said it will be raising MDC-T’s failure to condemn the travel ban on ZANU-PF leadership and to persuade the USA to repeal the Zimbabwe Democracy and Economic Recovery Act [ZIDERA], and the fact that external radio stations are still beaming news it disagrees with into Zimbabwe. 

6 Month Review of Allocation of Ministerial Portfolios Due – the SADC Summit communiqué of 9th November 2008 specified that there must be a review of the allocation of Ministries in the inclusive government : “(iii) the efficacy of the arrangement referred to in paragraph 2 above, be reviewed after six (6) months by the Parties with the assistance of the guarantors, SADC, AU and the Facilitator”. This was confirmed by the Summit communiqué of 27th January: “(v) the allocation of ministerial portfolios endorsed by the SADC Extraordinary Summit held on November 9, 2008, shall be reviewed six (6) months after the inauguration of the inclusive government.”  It is now time for that review.  Presumably the parties should already have conducted the review in order to report to next week’s SADC Summit. 

Ministerial Responsibilities Still Not Clarified – six months into the inclusive government  the country has still not been officially told which Acts of Parliament have been assigned to which Ministers to administer.  Normally this is done promptly after changes in Ministry names and responsibilities, by gazetting statutory instruments listing all the Acts assigned to each Minister.  The failure to do this has caused confusion; e.g. legally, Electoral Acts and their concomitant regulations still come under the former Ministry of Justice, Legal and Parliamentary Affairs, which no longer exists, and neither the new Ministry of Justice and Legal Affairs nor the new Ministry of Constitutional and Parliamentary Affairs has been given responsibility for their administration.

Upcoming SADC Summit – this will be held in Kinshasa, DRC, from 2nd to 8th September, with Heads of State and Government meeting on the last two days.  The agenda has not been finalised, and whether or not Zimbabwe features prominently on the agenda will depend on the outcome of the talks with President Zuma.  The SADC chair will pass to the DRC at the Summit

National Security Council [NSC] – the second meeting of the NSC is due on 31st August.  [Its first meeting took place on 30th July.  This was several months late, as under the NSC Act, passed as a precondition to the formation of the inclusive government, the Council should have been meeting every month from March onwards].  The NSC was supposed to replace JOC [Joint Operations Command – comprising security chiefs and President Mugabe and close aides] with a body that would include the Prime Minister and other top inclusive government executives.  The question is whether JOC is continuing to meet.

National Economic Council [NEC] the NEC has still not met.  Article 3 of the GPA commits the parties to the establishment of this Council, to be composed of Government and private sector representatives.

Land Audit – Article 5.9 of the GPA says there must be a “comprehensive, transparent and non-partisan land audit”.  This has not yet taken off, although it was one of the major targets for the “first 100 Day Action Plan” ending August 5th.  The Minister of Lands now says he needs more than US$30 million to set up an independent land committee, an inter-ministerial committee composed of permanent secretaries and senior government officials, and provincial and district committees, and that it would take 6 to 9 months if he got the funding.  Others have pointed out that land audits already exist, commissioned by the President over the last few years to eliminate multiple land ownership and assess land use, and these should be made public and implemented.  Government departments must have records of recent offer letters and an audit of these, taking into account the existing audits, would be neither a lengthy nor a costly business and could be more easily done in an accountable and transparent manner.

Still no law reform as outlined in the GPA – No progress has been seen on promised Bills to reform laws limiting freedoms of expression, assembly and association; without these reforms international aid is unlikely to be forthcoming.  Lack of movement to reform indigenisation legislation is seen as hindering foreign direct investment.  Uncertainty about the result of the Kimberley process probe and continuing disputes over mining claims and land ownership are also deterrents to investment and economic progress.

Speculation about inclusive government being prolonged for 5 years – this is widespread, the suggestion being that Parliament and the inclusive government will sit out Parliament’s normal 5-year term, ending in 2013.  Officially the parties deny this.  The GPA says nothing about how long the inclusive government will continue.  The only time-frame laid down by the GPA is that stipulated by Article 6 for the production of a new Constitution [and even that could be changed by agreement between the three parties, because Article 6 was not incorporated into the Constitution by Amendment No. 19 – see Bill Watch 6 of 24th February].  There has been a general assumption that the introduction of a new Constitution would necessarily be preceded or closely followed by fresh elections, but the GPA does not tie the parties to this. 

Appointment of New Vice-President Not Yet Announced

There has been no appointment of a replacement for Vice-President Msika.  [There must be two Vice-Presidents, both nominated by the President and/or ZANU-PF – Constitution, Eighth Schedule, GPA Article 20.1.6(2).] 

By-elections

There have been press reports claiming that the three parties to the GPA are negotiating to prolong the 12-month ban on their contesting by-elections against each other.  This has been denied by the offices of all the principals to the agreement.  The ban is in GPA Article 21, and is due to expire on 15th September, twelve months after the signing of the GPA.  There is no constitutional or legal obstacle preventing the parties from extending Article 21 of the GPA if they so wish; it is a matter between them.  It is now impossible to hold by-elections before September 15, so if the “truce” is not extended the major parties can contest against each other, together with independents and the other parties.  The Government’s failure to call by-elections promptly after vacancies arise is in breach of the Constitution and the Electoral Act.

The number of pending by-elections has risen from 10 to 15.  This is because 5 more constituency seats [see under 5 new vacancies below] have fallen vacant in Parliament since Bill Watch Special of 31st July on Current Voting Strengths in Parliament.  The seat formerly occupied by the late Vice-President Msika was an appointed seat, so no by-election is required.

5 new vacancies

Of the 5 new vacancies 1 is in the Senate, 4 are in the House of Assembly: 

Senate

The Mberengwa seat is vacant, following the death of Senator Richard Hove [ZANU-PF] on 21st August.

House of Assembly

(1) The Emakhandeni-Entumbane seat is vacant, following the death of Cornelius Dube [MDC-T] on 15th August.

(2) On 18th August the Speaker notified the President of three more vacancies in the House of Assembly – Nkayi South, Lupane East and Bulilima East [previously held by Abednico Bhebhe, Njabuliso Mguni and Normal Mpofu].  These vacancies were triggered by MDC-M’s notification to the Speaker that the MPs had been expelled from the party and no longer represented its interests [Constitution, section 41(1)(e)][The MPs have announced their intention to appeal to the Supreme Court against the High Court’s dismissal of an urgent application to stop the Speaker from declaring their seats vacant.]  

Parliamentarians and the Courts

MPs Arrested for Disorderly Conduct:

On 18th August nine MDC-T MPs were arrested for alleged disorderly conduct at the Ministry of Finance.  They were taken to Harare Central police station, but later released.  They have been told that if it is decided to prosecute, the State will proceed by way of summons.  As yet they have heard no more.  This minor offence does carry a maximum sentence of US$200 or 6 months’ imprisonment, if they were to be prosecuted and convicted, but it would be a travesty of the law if the MPs were to receive prison sentences of six months.  [A prison sentence of 6 months or more for an MP entails the loss of his or her seat.]

Deputy Minister Mahlangu on trial

The trial of Deputy Minister Thamsanqa Mahlangu [MDC-T, Nkulumane] on a charge of theft of a cell phone is under way at the Harare magistrates court and will continue on 28th August.  It would be inconceivable if he were found guilty that a prison sentence of more than six months would be imposed.

Suspended MPs

Judgment has not yet been handed down in the case in which Mathias Mlambo [MDC-T, Chipinge East] has challenged his suspension from the House of Assembly in terms of section 42 of the Constitution, pending his appeal against conviction and the imposition of a prison sentence of more than six months. 

Court Challenge to Speaker

Judgment is still pending in the High Court case seeking to declare the election of Lovemore Moyo as Speaker invalid.

Update on Legislation

Acts still to be gazetted – the Finance (No. 2) Bill and the Appropriation (Supplementary) Bill [both passed on 23rd July] have still not been gazetted.

Bills – no new Bills have been gazetted.  The Reserve Bank of Zimbabwe Amendment Bill, which was gazetted on 14th August, can be introduced when Parliament resumes.

Statutory Instruments and General Notices – GN 104/2009, gazetted on 21st August, contains Clemency Order No. 1 of 2009.  [Electronic version available on request.]  This provides for the unconditional immediate release of several groups of prisoners – excluding anyone serving a sentence for murder, rape or other sexual offences, carjacking, armed robbery, stock theft, or tampering with ZESA power lines and installations.  Those benefiting are: all prisoners under 18 and all female prisoners; all prisoners certified as terminally ill; all prisoners in open prisons; and all prisoners serving sentences of 3 years or less who have already completed at least a quarter of their sentences.

 

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

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