The ZIMBABWE Situation
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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.
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.
Zuma says Zimbabwe's coalition government is working
South African president believes
Mugabe and Tsvangirai are making significant progress
- David
Smith in Johannesburg
- guardian.co.uk,
Friday 28 August 2009 16.23 BST
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."
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.
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."
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.
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.
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.
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
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.
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
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.
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!
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.
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
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.
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.
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