The Zimbabwe Situation

http://www.swradioafrica.com/

By Tichaona Sibanda
1 August 2012

Party negotiators to the GPA have been using the excuse of being too busy
with the drafting of a new constitution to find time to be introduced to the
SADC Troika team deployed to assist the inclusive government.

But now that the draft is out, that excuse can no longer be used.

The two members in the SADC team are Ambassador David Katye from Tanzania
and Colly Muunyu, a diplomat from Zambia. They are expected to work with
negotiators and the Joint Monitoring and Implementation Committee (JOMIC) to
fully implement the GPA.

The SADC team first flew into Harare in June but were not formally
introduced to JOMIC members because of their constitutional work.

Elton Mangoma, the Energy Minister from the MDC-T, told SW Radio Africa on
Wednesday: ‘We have failed to meet as JOMIC but we have penciled a meeting
for next week and hope to see or hear from the SADC team.’

Initially the SADC technical committee was to comprise of three members
(from South Africa, Zambia and Tanzania). But South Africa opted not to
appoint a member, saying they had a three member facilitation team already
actively involved in Zimbabwe.

The decision to appoint the team was first mooted at a SADC summit in
Livingstone, Zambia in March 2011. SADC said the team would help speed up
implementation of the GPA. This was after the regional leaders criticized
the unity government for its slow progress.

ZANU PF has been resisting the deployment of the team to Zimbabwe, using the
well worn excuse that secondment of foreigners into JOMIC infringes on the
country’s sovereignty.

JOMIC, the offspring of the country’s inclusive process, was tasked with
monitoring and documenting violations of the GPA, which gave birth to the
current inclusive government. But the group, which comprises politicians
from the three political parties in the coalition government, has been
dismissed as ineffective since it does not have any legal instrument to give
it teeth.

Ben Freeth to raise funds for Zim farm workers

http://www.swradioafrica.com/

Makgadikgadi Pans expedition: The first sail-powered crossing in a home-made go-kart

Ben Freeth to raise funds for Zim farm workers

Ben Freeth with his two sons, Joshua (left) and Stephen will attempt the first crossing of the Makgadikgadi Salt Pans in Botswana in a kite-powered go-kart as a fundraiser.

Adventurer and former Zimbabwean commercial farmer Ben Freeth and his two young sons will attempt the first crossing of one of the world’s largest salt pans in a home-made, kite-powered go-kart during mid August to raise funds for the recently formed Mike Campbell Foundation.

The wooden craft will sail approximately 160km across the Makgadikgadi salt pans, which are located on the fringes of the Kalahari desert in north-eastern Botswana and cover a vast area of more than 15,540 square kilometres.

They are home to the second largest migration of zebra and wildebeest in the world, with up to 75,000 animals crossing their seasonal grasslands each year.

Named the ‘Mike Campbell Dune Dancer’, the go-kart was designed and built by Joshua (12) and Stephen (10), the late Mike Campbell’s grandchildren, and originally had an Optimist dinghy sail.

The body is lightweight, with wheels large and wide enough to go over the pans’ thin crust, as well as clearance to allow it to run over tussocks and rocky areas. For the expedition, it will be propelled by a five-metre kite.

The Mike Campbell Foundation was set up last year to honour the courage of Mr Campbell, a Zimbabwean commercial farmer and conservationist who fought for justice and the protection of human rights after the violent government-led farm invasions decimated his country.

Through the expedition, the UK-based foundation hopes to raise R130,000 for its work. The money raised will provide training, medical assistance and educational support to additional destitute Zimbabwean farm workers who have lost everything due to the political violence.

With just US$ 50 (R400), the Mike Campbell Foundation can supply a family with seed, inputs and the training they need to feed themselves for a whole year – and buy the seed and inputs for the following year.

“A well-wisher in America recently donated an artificial leg for a farm worker who was crippled in the 2008 post election violence and this has transformed his life,” said Freeth.

The foundation is also involved with justice work and a lobby campaign to reinstate the Southern African Development Community (SADC) Tribunal which was dissolved by the SADC heads of state in May 2011.

This tribunal was the only regional court where victims of human rights abuses could go when justice systems failed in their own countries –as has happened in Zimbabwe.

“Every donation will contribute to rebuilding shattered lives in Zimbabwe and protecting people’s rights,” Freeth said.

To follow the expedition and make a secure donation online: www.justgiving.com/Mike-Campbell-Foundation

Former Zimbabwean farmer Ben Freeth tests the kite-powered go-kart in which he and his young sons will attempt the first crossing of the Makgadikgadi Salt Pans in Botswana as a fundraiser.

Submitted by / For further information:

MIKE CAMPBELL FOUNDATION

England – Claire South Africa – Glyn Hunter

Phone: +44 1795 842 341 (Claire) Phone: 27 (0)31 572 2668

E-mail: Claire@mikecampbellfoundation.com E-mail: ghunter@iafrica.com

Website: www.mikecampbellfoundation.com

Quotes from Ben Freeth

Commenting on the expedition, Freeth said, “This is an ambitious and exciting adventure for two young boys – crossing a lifeless expanse of nothing in the Kalahari desert on a home-made wooden go-kart!

“The desolation of the area is symbolic of the barren lives of the injured and destitute people we’re helping,” Freeth explained. “But like the Makgadikgadi pans, which sustain the migrating herds, the Mike Campbell Foundation can help people to survive and rebuild their lives.”

Background Information

Ben Freeth’s previous expeditions include a 2,000km trip through ‘old Africa’ in 1995 with James Egremont-Lee following the remote, largely unmapped Omo Valley in Ethiopia.

This involved a three-month walk with mules and donkeys through southern Ethiopia into northern Kenya, finding routes through beautiful, impenetrable rain forests and across awe-inspiring plains following the Omo River and Lake Turkana.

In 1992, Freeth and Egremont-Lee were the first people to successfully navigate the length of the Rufiji river in Tanzania. This was a six-week expedition travelling without support along one of East Africa’s largest rivers and going through big game country in some of the wildest and most remote places on the continent.

The family regularly spend time camping in the pristine environs of the Zambezi valley, including the wild and beautiful Mana Pools World Heritage Site.

In October 2010, Freeth was presented with an MBE (Member of the British Empire) by Her Majesty the Queen of England at Buckingham Palace “for services to the farming community in Zimbabwe”.

Voters’ roll still a state secret

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

The Zimbabwe Electoral Commission and most political parties still do not
have access to the master voters’ roll, while the majority of the electorate
is ignorant about how to register or check their details in preparation for
polls.
01.08.1212:48pm

by Byron Mutingwende & Tawanda Majoni

Analysts say this flies in the face of the roadmap to free and fair
elections as major stakeholders in future polls lack the requisite
knowledge, cannot plan properly and run the danger of being excluded. It
also provides opportunities for large scale rigging.

Investigations by The Zimbabwean revealed that ZEC is yet to be given the
electronic and hard copy voters roll by Registrar General Tobaiwa Mudede,
who has presided over national polls for more than 20 years and is accused
of favouring Zanu (PF).

The Zimbabwe Electoral Commission Act (Chapter 2.12) prescribes that ZEC
should delimit constituency boundaries, prepare for and conduct elections
and direct and control voter registration.

The body also has the mandate to compile voters’ rolls and conduct voter
education, in addition to ensuring that elections are held freely, fairly
and transparently. But analysts say this is impossible given that the
commission does not have access to the voters’ roll.

‘‘The voters’ roll is very difficult to access even though it is supposed to
be a public document. This is suicidal,’’ Tawanda Chimhini, the Election
Resource Centre Director told The Zimbabwean.

‘‘ZEC is treading in the dark. There is need for transparency,’’ he added.

In the absence of a comment from Douglas Mwonzora, the MDC-T National
Spokesperson, a Harvest House official who declined to be named said his
party did not have the roll, while Dumiso Dabengwa, the Zapu Interim
President, also confirmed that his party was operating in the dark.

‘‘We have been hunting for the roll for a long time. Mudede should explain
why he is denying us access to the document. We will be meeting with ZEC
soon and we are going to raise that concern,’’ said Dabengwa.

Rugare Gumbo, the Zanu (PF) Secretary for Information and Publicity, also
claimed they did not have the roll, but analysts say this is highly unlikely
as Mudede is their man.

‘‘We also don’t have the voters’ roll. However, we know where to get it when
we want it. Is it not common knowledge that the Registrar General is
currently the custodian of the document?’’ said Gumbo.

A recent Supreme Court ruling that President Robert Mugabe should hold
by-elections in 33 constituencies that have been vacant for some time. There
is fear that if the by-elections take place, Zanu (PF) could use them to
justify a snap general election.

Gumbo said his party was yet to make a decision on the by-elections, but
insisted that the next municipal, parliamentary and presidential elections
would be held without a new voters’ roll or a new constitution. A draft
constitution, that many hope will be used as the basis for the next
elections, was recently completed, with the two MDC parties led by Morgan
Tsvangirai and Welshman Ncube immediately endorsing it. Zanu (PF) is still
dithering amid reported resistance from party hardliners.

‘‘We are definitely going to hold the next general elections without a new
constitution or a fresh voters’ roll; they are taking too long and wasting
our time. We are anxious to get out of this discordant GNU,’’ Gumbo said.

John Makumbe, a political scientist, said Zanu (PF) was gunning for an
election without a clean voters’ roll as it would give them the chance to
rig the results.

‘‘If Zanu (PF) gets its way, there will be massive rigging. There will be
absolute mayhem. People who are 150 years old and long dead will vote,’’
said Makumbe.

He said the current ‘‘shambolic roll’’ should be discarded and a new one
compiled after the national census that will take place next month, as the
population survey would provide reliable information to guide constituency
delimitation.

Chimhini, however, says what is important is to ensure that already
registered voters have access to the roll and potential ones educated on how
to go and register.

‘‘There is need to post rolls at polling stations and invite people to come
and examine them. After that, it’s back to the drawing board for those
responsible for compiling the roll, but the process will only be complete if
people are given a chance to verify their details,’’ he said.

He added that embarking on a new voter compilation exercise might expose
potential voters to political violence and force them to shun the process.

The Interim President of Mavambo/Kusile/Dawn, Simba Makoni, said his party
had an old voters' roll that he described as ''useless''.

''What we have is the 2008 voters roll but that is of no use because, as the
Registrar General claims, they are constantly updating it. Many things have
happened since 2008 and the roll should constantly capture that,'' said
Makoni.

MDC-T guide to draft charter “misleading”

http://www.swradioafrica.com/

By Tererai Karimakwenda
01 August, 2012

A simplified guide to the draft constitution published by the MDC-T this
week has been described as “misleading”, as it does not accurately represent
the draft charter produced by the COPAC select committee.

Intense debate has followed release of the draft constitution, with the main
political parties offering different interpretations of several key clauses.
But the draft has not yet been approved by the principals in the inclusive
government.

The MDC-T this week said their executive committee had approved the draft
and are calling for a Yes vote when Zimbabweans vote on it in national
referendum later this year.

Political analyst Clifford Mashiri told SW Radio Africa that the guide put
out by the MDC-T does not accurately represent the draft constitution, which
itself is also very vague on the key issues that delayed the process.

“Unfortunately it misrepresents the situation or the facts as they are
presented in the otherwise vague draft. And I think it is premature for the
MDC-T to be publishing a guide to a draft that has not been approved by the
principals. It is a raw draft,” Mashiri explained.

Mashiri said the guide misrepresents several issues, but he pointed
specifically to the section dealing with the land as an example.

The guide says: “The draft constitution allows full compensation for
indigenous Zimbabweans or those people holding land under BIPPA agreements.
For any other categories, the compensation is for improvements only.” But
this is not clear in the released draft.

Although the section on property rights does say the government will pay
full compensation, when it moves on to agricultural land it also clearly
states that it will pay for improvements only and turns this section into a
racial issue, claiming the ex colonial power, Britain, must pay for the
land.

The MDC-T guide claims that the land clause “guarantees security of tenure
to persons lawfully occupying land. Owners or occupiers of agricultural land
are allowed to transfer, hypothecate, lease or dispose of their rights.”

But land invaders have no title deeds and this constitution does not give
them title deed. And you cannot get loans without them. All the draft
constitution is doing is to try to legalise theft of land.

This absence of guaranteed property rights discourages foreign investors and
stifles development in the country, at a time when the inclusive government
is presenting Zimbabwe as a prime investment location.

We have been unable to get the MDC-T spokesperson Douglas Mwonzora to
respond to concerns about their guide. We will continue to try.

Coventry still on the hunt for 8th Olympic medal

Gono Promises To Jail Errant Bankers

http://www.radiovop.com

Harare, August 01, 2012 - Reserve Bank governor, Gideon Gono on Tuesday
threw the gauntlet on bankers increasing the capital requirements of banks
to $100 million saying he is prepared to send to jail bankers who abuse
depositors funds, a week after the closure of Royal bank.

Gono who holds a position of disagreement between President Robert Mugabe's
ZANU PF and Prime Minister Morgan Tsvangirai's MDC said he will push for
amendments to cleanse the banking sector of unruly bankers who abuse
depositors’ funds resulting in closure of banks.

He said he will implement new measures before his tenure at the apex bank
expires in 16 months.

"Let me just promise you, as I have said elsewhere, I have 16 months to go
to the end of the second term , any nonsense in the financial sector believe
me you will go before I go. That's my promise to depositors, I have no
mercy, and I am not seeking to be reappointed. I can even go today but I
will make sure before I go the banking sector of Zimbabwe will be as strong
as no other point in its history," Gono said at the central bank.

"Bankers are going to be disciplined as never before. If it means to put you
in jail in order to make sure that your institutions are safe and sound I
will do that. We shall be amending the banking sector legislation."

The central bank increased minimum capital requirements for commercial banks
from $12.5 million to $100 million among other increases to push for bank
mergers as most banks are unlikely to be able to meet the new capital
requirements.

Last week Royal Bank was closed after it faced liquidity crisis by failing
to pay depositors their funds. The bank is currently suspended to allow the
major shareholders to allow new owners who can inject capital before it can
be placed on curatorship.

Gono is blamed for printing the local Zimbabwean dollar resulting in
hyperinflation which ravaged the southern African country's economy before
the formation of the unity government by Mugabe and Tsvangirai in February
2009.

The position of the central bank chief was the centre of disagreement
between the MDC and Zanu PF, with the premier's party accusing Gono of
running down the economy but Mugabe re-appointed him to his post.

Zim economy in crisis — RBZ

http://www.dailynews.co.zw

Written by Editor
Wednesday, 01 August 2012 15:45

HARARE - Reserve Bank of Zimbabwe (RBZ) governor Gideon Gono says the
country’s economy is in a rut and needs immediate solutions to recover.

In his monetary policy statement yesterday, Gono said “we are in a deep
crisis and the day we stop the blame game is the day this country will
start.”

The central bank chief said the country needs an inclusive approach to
tackle the current liquidity crunch.

“Those who can offer solutions should come forward and will be listened to,”
he added.

“If you remember we had projected a growth rate of 9,3 percent and now we
are down to five percent. If that does not call for soul- searching, I don’t
know what will.”

The RBZ board in a statement said government should reconcile its
Indigenisation Act in line with other national policies to preserve
confidence in the banking sector.

The central bank directors said implementation of the empowerment
legislation has to be done in harmony with the Banking Act, the Mines and
Minerals Act, the Zimbabwe Investment Act and other existing legislations
that have direct impact on economic performance.

“Any adverse developments in the banking sector could grind economic
activity to a halt,” the RBZ board said.

“This is particularly so, given that regional and international banks in the
local banking industry play a pivotal role in providing the vital link
between the domestic economy and the international community, particularly
through correspondent banking relationships.”

In support of Gono’s argument that indigenising the financial services
sector has to be done bearing in mind that “the sector is sensitive and
should be handled with kid gloves,” the board said; “The RBZ is conscious of
the sensitivities surrounding the economy particularly the banking sector
and mining sectors.

“It supports the implementation in the various sectors and is of the view
that they should be done in a manner that preserves confidence.”

Finance minister Tendai Biti recently announced the country had been forced
to cut economic growth projections on account of low revenues trickling in
from Marange diamond operations and poor foreign direct investment inflows.

Investors have generally adopted a wait and see attitude with regards to
committing their resources to Zimbabwe as they are wary of losing their
capital under the Indigenisation Act.

Zim's central bank hikes capital rates to return confidence

http://mg.co.za

01 Aug 2012 11:46 - Sapa-AFP

Zimbabwe's central bank has hiked 10-fold statutory capital requirements for
merchant banks to $100-million to restore confidence in the sector.

The rates are also applicable to commercial banks, which previously needed
just $12.5-million while those for merchant banks were increased from
$10-million.

The banks have two years in which to raise the capital, but must by year-end
have doubled their current capital base.

"By the end of this year commercial banks must have no less than $25-million
as capital," central bank governor Gideon Gono, said in his mid-term
monetary policy in the capital Harare.

The new measures come days after commercial bank Royal Bank was closed last
week due to undercapitalisation, and liquidity crisis.

"Indiscipline in the banking sector has once again reared its ugly head.
This is evidenced by increased abuse of depositors' funds," Gono said.

Crisis
He reiterated that banks must not be targeted by the country's
indigenisation laws which forces foreign owned companies to cede majority
stakes to local blacks.

Gono said Zimbabwe's economy remains fragile with low export earnings, lack
of credit lines or foreign direct investment resulting in the liquidity
crunch.

"The economy is facing a crisis which cannot be ignored. There is need for
action. We are in a deep crisis," he said.

"In an environment where companies are closing day in, day out and there are
no exports but there are huge imports particularly in consumptive goods, the
day of reckoning is not too far."

Gono said the country was mulling the introduction of treasury bills of
between 90 days and a year to improve liquidity in the economy. – AFP

Police ban Anglican commemorations in Masvingo

http://www.swradioafrica.com/

By Tererai Karimakwenda
01 August, 2012

Annual celebrations of the life of an Anglican missionary revered by
Zimbabweans have this year been declared “illegal” by the police in Masvingo
province, and the venue for the event is reported to have been seized by the
ex-communicated Bishop Nolbert Kunonga.

Anglican parishioners in Masvingo diocese gather every year to commemorate
the
life of missionary Arthur Shearly Cripps, who served the church in Zimbabwe
with the Society for the Propogation of the Gospel for 20 years, until his
death in 1951.

But a struggle over control of church properties between the main church and
a breakaway faction led by Kunonga threatens the event again this year.
Known as Mugabe’s Bishop due to his proclaimed loyalty to the ZANU PF
leader, Kunonga seized the Cripps shrine last year and has taken over 78
Anglican churches in Masvingo.

The commemorations are scheduled from August 3rd to August 5th in Chivhu.
But Masvingo Bishop Reverend Godfrey Tawonezwi reportedly wrote to
parishioners saying Kunonga had put up posters informing them he would be at
the shrine on the scheduled dates.

Reverend Tawonezwi also said the police have labelled the gathering
“illegal” and it is feared participants may be arrested if they attend. “It
is very clear that the police in Chivhu where the shrine is situated have
taken sides in this matter. It is most unfortunate,” Bishop Tawonezwi is
quoted as saying.

The main Anglican church officially appointed Bishop Chad Gandiya to head
the Harare Diocese. But Kunonga, with support from ZANU PF, was granted
custodianship of Harare Diocese properties by Chief Justice Godfrey
Chidyausiku last year. He has since used that ruling to illegally seize
properties in other provinces.

Finish off Zanu PF — Bennett

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

Written by Lloyd Mbiba, Staff Writer
Wednesday, 01 August 2012 15:08

HARARE - Exiled mainstream MDC treasurer-general Roy Bennett has urged party
members to wake up from slumber and invoke the spirit of “2000” and finish
Zanu PF.

“But how do we secure a transfer of power? We must build pressure and we
must return to the politics of competition and confrontation. The spirit of
2000 must arise.

“We must vote in massive numbers at the next elections.

“We must force Zanu PF to show its hand, whether through rigging or
violence. Then we must finish the job through a combination of internal and
external pressure,” Bennett said.

“This time there can be no going back. No more election theft, no more
Government of National Unity (GNU), no more half-baked solutions. We want a
new Zimbabwe and it is time to take hold of our destiny,” he added. Bennett
went into self-exile in South Africa in 2010 fearing alleged relentless
judicial persecution by Zanu PF.

He first sought political asylum in South Africa in 2006 after the state
implicated him in an alleged plot to assassinate President Robert Mugabe
during a visit to Mutare, in Manicaland Province, where Bennett once owned a
commercial farm.

He is famously or infamously known for shoving Justice minister Patrick
Chinamasa in Parliament in 2003.
Bennett added that people should be seized with elections and removing Zanu
PF from power rather than the new constitution as it can be dealt with after
MDC attains power.

“Many of Zimbabwe’s laws are actually good on paper. The problem is Zanu PF
disregards the law whenever it suits them. They have elevated the power of
the gun over the power of the law. So let us be logical."

“First we must get rid of Zanu PF. Then we can establish conditions that
give the law its power. And then we can make or remake the constitution and
related legislation,” he said.

Bennett was seconded by Prime Minister Morgan Tsvangirai to be the deputy
minister of Agriculture in 2009, but Mugabe refused to swear him in.

He was replaced by Seiso Moyo as deputy minister of Agriculture.

Roy Bennett has rallied the electorate to invoke the spirit of the year
2000.

Zimbabweans Jostle to Hire Out Cars For National Census

http://www.voanews.com

31 July 2012

Gibbs Dube | Washington

Hundreds of Zimbabweans are flocking to the government’s Central Mechanical
Engineering Department (CMED) with the hope that their motor vehicles will
be snapped up for the conduction of the forthcoming national census set for
next month.

Some residents of Bulawayo, Gweru and Harare told VOA Studio 7 long queues
are now the order of the day at CMED depots following a notice published
last Thursday by the state entity inviting motorists and corporate
organizations to hire out their cars for the program.

They said the $60 and $100 per day payment for vehicles being offered by the
CMED is so lucrative that even large numbers of civil servants are
abandoning their stations to offer their personal cars for hire.

Treasury has already set aside $22 million for conducting the national
census running from august 17 to 28. At least $37 million is needed for the
exercise.

Harare resident Edson Chikuma said the money being offered by the CMED is
attracting even motorists with battered vehicles.

Bulawayo resident Clemency Sibanda said the CMED is expected to only hire
roadworthy vehicles. “The department is also expected to use its own drivers
in order to minimize damage on hired vehicles,” said Sibanda.

CMED officials declined to comment referring all inquiries to Transport
Minister Nicholas Goche who declined to talk to Studio 7.

‘Clear, revised’ ICT policy on the cards

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

Written by Staff Writer
Wednesday, 01 August 2012 15:03

HARARE - The squabbling between ministries over Information and
Communication Technologies (ICTs) is set to be nipped in the bud, at least
according to minister of ICT Nelson Chamisa.

“The tragedy that we have is that we have divergent views of the converging
communication tools. You find in some instances a certain ministry claiming
ownership of an ICT project and the other ministry also claiming the same
project,” Chamisa said.

“A good example is the ICT policy which was formulated in 2005 and launched
in 2007 by President Robert Mugabe and you begin to ask why it took so long
to launch. It is because of the wrangling in the ministries but the revised
ICT policy will deal with this and stop this unnecessary wrangling,” he
added.

Recently, there were reports that Chamisa had been elbowed out of his
brainchild tele-education project launch at the University of Zimbabwe by
Nicholas Goche, minister of Transport and Infrastructure Development.

The ministry of Transport has the command over the communication mandate and
this has led to some clashes with the ministry of ICT.

“We do not care who would be in power but this year before we go for the
elections there should be a clear revised ICT policy which gives mandate to
one ministry,” Chamisa added.

The ministry of ICT is in the process of reviewing the current ICT policy
with the view of coming up with a new policy.

As of now the ministry is gathering views from the citizens that will be
incorporated into the revised policy to be launched sometime this year.

Power Utility Appeals 'Negative' Arbitration Outcome

http://www.voanews.com

31 July 2012

Jonga Kandemiiri | Washington

The Zimbabwe Electricity Supply Holdings has approached the High Court
seeking to nullify the awarding of a 40 percent salary increase to its
employees granted in June through voluntary arbitration arguing that the
arbitrator representing workers Lovemore Madhuku was biased.

The utility company argued that Madhuku was registered with Matsikidze and
Mucheche, a law firm that has strong links with ZESA workers.

But sources said ZESA Holdings arbitrator George Makings once worked for the
same company but the other party never expressed any reservations over the
matter.

Makings and Madhuku concurred in awarding the pay rise. The lowest paid
worker's salary was increased from $196 to $275 a month.

Lawyer Jeremiah Bamu of the Zimbabwe Lawyers for Human Rights told Studio 7
ZESA Holding was just trying to buy time by raising this issue since
voluntary arbitration allows competing parties to choose their
representatives.

ZESA has since suspended 132 workers without pay and benefits for demanding
compliance with the voluntary arbitral award. Sixty-one of these employees
are in the eastern region while 71 others are in the northern region which
includes the capital city, Harare.

Zim sitting on ivory worth $55 million

http://www.thezimbabwean.co.uk

The Zimbabwe Parks and Wildlife Management Authority has 55,000 kg of ivory
in its national storeroom.
01.08.1201:28pm
by Zwanai Sithole Harare

Customs officials around the world seize tons of smuggled ivory every year.
Customs officials around the world seize tons of smuggled ivory every year.

The Authority’s spokesperson, Caroline Washaya Moyo, said raw ivory sales
were expected to resume after the expiry of a nine year moratorium in 2017.
“Currently we are selling ivory to only Cites-approved ivory manufacturers
at a price of $250 per kg,” she said.

A Cites approved ivory auction held in 2008 saw ivory sold to the Chinese
government for $175 per kg. It entered the market at $1,700 per kg, but
current market prices for ivory in China range from $750-$7,000 a kg,
depending on the quality. African ivory is considered the best.

Washaya Moyo said the ivory was collected from elephants that die from
natural causes, problem-animal control and confiscation from poachers.
Zimbabwe, together with Botswana, South Africa and Namibia, is pushing for
greater trade in ivory to boost national revenues, but environmentalists are
averse to the call, saying it would lead to the depletion of elephant herds.

In a report commissioned by Cites for its meeting in Geneva last week,
Zimbabwean consultant Rowan Martin, outlined proposals for how a future
trade might take place. While some conservationists have sympathy with
lifting the ivory trade ban under certain circumstances, the report was
criticised as flawed by most present.

Martin, who has campaigned for the ivory ban to be lifted as a way of
protecting elephants from illegal poaching by providing consumers with
ivory, came under strong criticism. Delegates from India to Kenya condemned
the idea of legalising trade as encouraging further demand and poaching.

They argue that the most effective way to protect elephants is by: improving
monitoring systems; intelligence-led enforcement in transit countries; and
widespread public education of consumers in countries such as China. “Some
Chinese think tusks are like milk-teeth – they fall out and regrow with no
harm to the elephant,” says Richard Thomas from the wildlife trade
monitoring network Traffic.

More ivory was seized last year by customs officials around the world than
at any time since a global ban was introduced in 1989. The escalating global
trade has prompted calls from conservationists for the biggest market, China
to shut down its legal domestic trade so that smugglers cannot use it to
launder illegal ivory.

Anjin diamonds leaving via Burma Valley?

http://www.thezimbabwean.co.uk

Employees of controversial mining company Anjin Investments, in connivance
with hard core diamond dealers, are suspected of smuggling gems to Beira
through undesignated points in the Burma Valley area.
01.08.1212:42pm
by Tony Saxon

The director of Centre for Research and Development, Farai Maguwu. The
director of Centre for Research and Development, Farai Maguwu.

This comes after a lorry believed to be from Anjin was recently seen in
Burma Valley loaded with what is suspected to be diamond ore containing
diamonds. Well-placed sources told The Zimbabwean last week that they
spotted the yellow truck, which had no registration number plates, with
eight people wearing the maroon work suits believed to be from Anjin.

“We spotted the lorry at Amsterdam Farm along the Mutare-Burma Valley tarred
road driving down towards the eastern border with Mozambique. It went to
Brownhill Farm where there is an access road into Mozambique. We saw the men
who were on board separating diamonds from the ore,” said the source.

Contacted for comment the Anjin Investments director and board member
Munyaradzi Machacha said: “I don’t think this is true. Why did these eye
witnesses not report the matter to the police? It is impossible that these
people suspected to be from Anjin could pass through all the areas where
there is security.”

The acting Manicaland Province Police Spokesperson Inspector Enock Chishiri
said: “I am hearing this for the first time and I am not aware of this.”

The director of Centre for Research and Development Farai Maguwu has said
the high incidence of theft by workers from the mining companies in Chiadzwa
revealed that security systems were severely compromised.

He said the failure to improve security and transparency throughout the
diamonds supply chain is prejudicing the government of Zimbabwe of revenue.

In a previous interview Officer Commanding of Manicaland Police Operations,
David Mahoya, said internal systems at diamond mining firms in Chiadzwa
needed to be checked.

“We have succeeded in reducing the number of illegal panners sneaking into
the diamond fields, but we should now take the battle to the diamond firms
whom we expect of leaking diamonds,” he said.

Mahoya believed that the companies might have employed the diamond barons
and hardcore dealers who are the main players in the syndicated illegal
diamond trade.

“We will work with the companies to flush out these elements and embark on a
rigorous employee vetting system,” he said. Marange diamonds have been
finding their way into the illegal market through sophisticated syndicates
that involve top Zanu (PF) officials and cabinet ministers aligned to the
mining firms.

There have been recent arrests of security personnel employed by these
firms, which has led people to believe that it is only a tip of an iceberg.
Five workers employed by Anjin together with a police officer attached to
the border patrol unit were recently hauled before the courts in Mutare for
allegedly conniving to steal diamond worth $15,000 by tempering with the
sorting glove box. “It is unfortunate that the small boys are being
arrested.

The truth of the matter is that huge trunks of pure diamonds are
disappearing daily with the top Chefs who are using diamond barons to sell
the diamonds out of the country,” said an employee at Anjin.

Last year, two Indians Zohra and Prema Desai were arrested in India for
smuggling 48,663 carats worth $2 million from Marange.

In September 4,000 carats from Marange were seized by the United Arab
Emirates and returned to Zimbabwe.

Trash Collectors Become Zimbabwe’s Unlikely Climate Change Ambassadors

http://www.ipsnews.net/

By Stanley Kwenda

HARARE, Aug 1 2012 (IPS) - Tomson Chikowero was ashamed of his job. He did not want anyone finding out what he did to earn a living, so he used to wake up early every morning and leave his home in Hatfield, a residential suburb in Zimbabwe’s capital city Harare, under the cover of darkness.

And he would return only after sunset when no one could see him carrying the bags of plastic bottles that he collected from people’s trash that day.

Tomson Chikowero carrying the bags of plastic bottles that he collected from people’s trash for recycling. People like him have become Zimbabwe’s unlikely climate change ambassadors. Credit: Stanley Kwenda/IPS

For the middle-class Chikowero, who was formerly employed as a builder but lost his job in 2010, collecting plastic and cardboard boxes from people’s trash to resell was embarrassing at first. But now he has become one of a handful of unlikely climate change ambassadors here.

Climate change has already had an impact on the country, with the Meteorological Service Department confirming that rainfall here has declined, while temperatures have risen in the past few years. It will, according to a study released on Mar. 21 titled Strengthening national capacity for climate change programme in Zimbabwe, place the country’s food security and economic growth at risk.

However, trash has a role to play in climate change mitigation in this southern African nation. A 2010 publication by the United Nations Environment Programme titled Waste and Climate Change said: “after waste prevention, recycling has been shown to result in the highest climate benefit compared to other waste management approaches. This appears to be the case … also in developing countries.”

Barnabas Mawire, the country director for Environment Africa, an environmental NGO, agreed that recycling is important for Zimbabwe.

“Recycling helps climate change (mitigation) a great deal…If industries recycle plastic bottles and scrap materials they will not use the same amount of energy they would use if they were making plastic or metal from scratch. If they recycle, they would use less raw materials and energy and that has been proven to reduce the carbon footprint,” he told IPS.

The United States’ Environmental Protection Agency’s (EPA) factsheet on recycling stated that “recycling plastics uses only roughly 10 percent of the energy it takes to make a pound of plastic from virgin materials.”

While there are no estimates on how much Zimbabwe would save in greenhouse gas emissions, recycling in the United Kingdom currently saves more than 18 million tonnes of carbon dioxide a year, the annual emissions of 177,879 passenger vehicles.

But many Zimbabweans are not aware of climate change or mitigation efforts. This southern African country has no climate change policy, though it is in the process of formulating one with the Climate and Development Knowledge Network.

So when Chikowero first started collecting trash he, along with the hundreds of others who sort through people’s trash to collect plastic and cardboard boxes for resale, merely did it to earn a living in a country with an unemployment rate of 70 percent. A kilogramme of plastic can be sold for between seven and 10 dollars.

While there are no official figures on how many people earn a living from this, the sight of people collecting trash from Harare’s suburbs is a common one. Plastic buyers at the Mbare Musika market in Harare told IPS that they deal with over 200 garbage collectors every day.

The market is the biggest in the city, and has an organised area for buyers of recyclable material. In addition, Mukundi Plastics, a packaging and recycling company in Harare’s industrial area, said that they receive deliveries from about 100 people a day.

Recycling is important to the country. According to the Environmental Management Authority, a government body set up to protect environmental services and goods, Zimbabwe is running out of landfill sites.

In addition, the Journal of Sustainable Development in Africa 2011 said that Zimbabwean households generate solid waste amounting to 2.7 kg per day, of which only 47 percent is biodegradable. Authorities often resort to burning trash as a way of disposing it, a practice considered harmful to the environment.

Recycling is a great way to combat this.

Chikowero first learnt about climate change and how recycling can reduce carbon emissions when a buyer mentioned it to him and other trash collectors as a way of encouraging them to continue their work.

“We were just doing this for the money when we started, and I wondered why people are interested in buying plastic bottles and cardboard boxes, until we were told what happens once the plastic is bought from us,” Chikowero said. It is recycled by both local and international companies for the manufacture of soft drink bottles and cereal boxes.

He also did not realise that by encouraging domestic workers in the homes he collected trash from to separate paper from plastic, he was helping Zimbabwe with climate change mitigation.

According to the study Strengthening national capacity for climate change programme in Zimbabwe, commissioned by the government and U.N. agencies, the nation lacks the capacity to mitigate and adapt to climate change.

“I asked them to separate plastic bottles from the waste that they put in their rubbish bins. At first they were hostile to the idea, but with time when they became familiar with me and understood why I was asking them to do so, it became easy,” said Chikowero.

The more people embraced the idea, the easier his job became. And he is now able to collect larger amounts of plastic in less time, thereby earning more money.

Currently he collects plastic from 50 blocks of residential flats in Harare’s city centre and the outlying areas of Eastlea.

The caretakers of these flats are also fast becoming part of his sphere of influence. “They help me a lot and that makes my job easy,” said Chikowero as he pointed to a notice by the caretaker encouraging residents to separate their paper and plastic from the rest of their waste on a wall at the St. Tropez Flats in Eastlea.

Here, housemaids Idah Ndadziyira and Tatenda Munjoma told IPS that three other plastic collectors passed through the building on a regular basis, and that they, like Chikowero, taught them about climate change and the importance of recycling.

“I did not know what it was about. In fact I thought it could only happen in other countries and not in Zimbabwe until the plastic collectors educated me about it… I am now sharing the information with other people,” Ndadziyira told IPS.

Chikowero has now gotten every third house in the Eastlea suburb to recycle their plastic, and other households are steadily catching up.

“It’s now a way of life. That’s why this movement is growing,” said Chikowero.

Even the country’s National Climate Change Committee coordinator, Dr. Toddy Ngara, acknowledged the efforts of trash collectors like Chikowero.

“Their work is commendable, they have helped a lot in cleaning our cities and are now helping to clean the environment with their contribution to the recycling industry,” Ngara told IPS.

The government’s climate adaptation committee has promised to consult and use them as ambassadors in developing a national climate change strategy.

The director of environment at the Ministry of Environment, Irvin Kunene, said at a climate change policy meeting in Harare in early May that “all stakeholders including trash collectors will be consulted in crafting the country’s national climate change policy.”

And it has made Chikowero proud of his job.

“Now, I am no longer ashamed,” he told IPS.

* This article is one of a series supported by the Climate and Development Knowledge Network.

Failed scheme leaves 50 families landless

http://www.thezimbabwean.co.uk

An ambitious irrigation scheme, championed by Vice President Joyce Mujuru in
2006, has collapsed, leaving scores of families who were forced off their
farmland stranded.
01.08.1201:30pm
by Tawanda Majoni

The Dotito Irrigation Scheme in Mount Darwin West, Mujuru’s constituency,
was the brainchild of journalist-turned-businessman, Edwin Moyo. Fifty
families accuse him of misleading them into poverty.

They were ordered to surrender their communal farming plots for the
irrigation scheme, which was meant to produce commercial crops for the
export market, on the promise that they would be given new land.

Six years later, most of the families remain squeezed on their rural
residential stands adjacent to the scheme, with no land to till. Their cries
for compensation have fallen on deaf ears, and they say they cannot complain
because they fear victimisation.

‘‘We are desperate. For six years we have been unable to grow food for
ourselves because there is no land. We were promised farming plots, but
whenever we complain we are told to shut up because the project involves big
people,’’ said one woman, who has been forced to relocate to Harare to live
with a relative so that she can earn income to fend for her family in
Dotito.

‘‘I had no intention of living an urban life as we could adequately look
after ourselves before the irrigation scheme started. It is like being
forced into the diaspora,’’ said the woman, who has joined her sister in
hawking second hand clothes. She is bitter that Mujuru has failed to rescue
them from their plight.

‘‘Even if they produce significant amounts of vegetables, there are no
markets to sell the produce,’’ said a former participant in the scheme. For
three seasons from 2006, when the scheme was promising, he was part of a
group that was persuaded to grow baby corn, gooseberries, peas and green
beans that they surrendered to the management of the project.

‘‘We were never paid for our produce and up to now, we don’t know why. It is
difficult to follow up because political heavyweights are involved,’’ he
said.

Wilberforce Mutyambizi, the Chairman of the irrigation scheme, confirmed to
The Zimbabwean that the families whose land was taken are yet to be
compensated.

‘‘We still have plans to give them new land, but unfortunately, no land is
available yet,’’ he said, adding that 95 families were farming potatoes and
tomatoes, and ‘‘we are managing to get by as we are able to raise money for
salt and sugar’’.

The scheme is now run-down, with the fence vandalised and most of the land
overgrown with weeds and shrubs. Mutyambizi is reportedly running the
project only with the assistance of his brother, Mabasa, a Zanu (PF)
councillor, after the treasurer and other managers left due to frustration.

Edwin Moyo, the brains behind the project, lamented the lack of funds,
saying poor financing had negatively affected the scheme.

‘‘The Dotito Irrigation Scheme was part of a grand project that we started
as a way of involving local farmers in growing crops for the export market
in Europe. Mai Mujuru had a lot of interest in that project because it falls
in her constituency.

‘‘Unfortunately, funding has not been forthcoming, thus nothing much can be
done. We applied for a loan from the Reserve Bank of Zimbabwe during the era
of the Zimdollar, but could not get it, for reasons best known to Gono (RBZ
Governor),’’ Moyo told The Zimbabwean.

He said he contributed money from his own pocket to start the project, and
refuted claims that farmers who grew export crops were not paid. ‘‘I don’t
know where they took their crops to because those who gave produce to us
were paid; the books are there to show it’’.

Moyo, who ran a similar project at Kondozi Tea Estate in Manicaland but was
forced out by politicians, borrowed $1.2 m from the Industrial Development
Bank of Zimbabwe in 2006, using his company, Trans Zambezi Industries. The
loan was intended to develop and pilot horticulture outgrower schemes in
Dotito, Macheke and Cashel Valley.

IDBZ reportedly sourced the money from the Netherlands-based Common Fund for
Commodities that helps developing countries diversify their
commodity-dependent economies. Moyo was at one time reported to be facing
arrest for allegedly abusing the loan, but his lawyers insisted he was
clean.

Chivero 4 'have case to answer': magistrate

http://www.newzimbabwe.com

01/08/2012 00:00:00
by Staff Reporter

FOUR men charged over the drowning of 11 children in a boat accident on
Christmas Day last year have a case to answer, a magistrate ruled on
Wednesday as he threw out their application for discharge.

Harare magistrate Tendai Mahwe said prosecutors had put forward a persuasive
case that a crime was committed after an overloaded boat capsized at the
reservoir on Manyame River, about 30km south-west of Harare.

Boat owner Latif Ameer, 53, and employees Enoch Yolani Zulu, 36, Joseph
Abrahams, 36, and Fadil Ramon Weale, 27, are charged with culpable homicide.
Through their lawyers, the four applied for an acquittal after the
prosecution rested early last month.

The application was strongly fought by prosecutor Michael Reza who said the
four’s negligence was not in doubt after they allegedly crammed 19 people in
a boat with a capacity of only seven passengers.

"The accused persons should actually be charged with murder and not culpable
homicide because they did not provide life jackets and they allowed an
unlicenced driver to be in control,” the prosecutor argued.

Magistrate Mahwe said he was persuaded by witness testimony that Zulu and
Weale “winked at each other before switching off the boat’s engine”.
Their actions showed that they were “acting in common purpose”, the
magistrate added.

After their application was thrown out, Zulu – who steered the ill-fated
boat – told the court that he cannot stand trial due to health problems.

But after failing to produce medical evidence to prove his illness, the
magistrate ordered the trial to continue with the four men being put to
their defence.

Ameer, who owns Chasura Boats, was first on the stand. He told the court
that he never gave permission to Zulu to operate the vessel, which he
insisted was for use only by his relatives and business associates.
Under cross-examination, Ameer conceded that none of the dead children were
his relatives or business partners.

Ameer claims Weale and Abrahams – said to have collected money from the
children for the boat ride – were not his employees but part of a group of
friends and relatives he had invited for a day out at the lake.

He also said he only remembered Zulu approaching him asking for work, but he
had told him there were no vacancies. He was shocked to learn that Zulu had
taken one of his boats out on the lake.

Four of the dead children – Tanaka Ruzvidzo, Tatenda Ruzvidzo, Sharon
Ruzvidzo and Angeline Rusito – were from the same family from Domboshava.

The others who perished were Rasim Jaison from Harare, Anna Chitungo from
Nyanga, Munashe Joramu from Norton, Sprenner and Anesu Kaseke, Tadiwanashe
January and Pathras Chimimba.

The trial continues.

Mnangagwa school order 'unconstitutional'

http://www.newzimbabwe.com

31/07/2012 00:00:00
by Staff Reporter

JUSTICE Minister Patrick Chinamasa has told his Defence counterpart Emmerson
Mnangagwa that a statutory instrument declaring a school being built in
Kadoma a military installation is unconstitutional.

The army is building the boarding school – said to cost over a million
dollars – on a 100-hectare piece of land donated by the Kadoma council.

Statutory Instrument 61 of 2012 was scrutinised by the Parliamentary Legal
Committee (PLC) chaired by Shepherd Mushonga (MDC-T), which said the order
was unlawful.
The PLC’s report was subsequently adopted by parliament.

Now Chinamasa has weighed in on the side of the PLC which has among its
members Zanu PF’s Paul Mangwana and Beatrice Nyamupinga, the MDC-T’s
Innocent Gonese and the MDC’s Thandeka Mkandla.

The PLC chairman Mushonga said on Tuesday: “Chinamasa agreed that the
statutory instrument was unconstitutional. We agreed that it will be
repealed.
“We have a letter from the minister to that effect.”

In condemning Mnangagwa’s order, the PLC had said there was a real
possibility that the conduct of members of the public merely enquiring about
availability of places for their children would be criminalised.

Mnangagwa had made the condemned order though Statutory Instrument 61 of
2012 in terms of section 89 of the Defence Act [Chapter 11:02], which
provides for the imprisonment of up to six months of unauthorised persons
that enter a cantonment area.

The Defence Act stipulates that those allowed to enter a cantonment area are
soldiers on duty or training, their spouses and children, a person employed
by the State acting on behalf of the minister or a person permanently
residing within the cantonment at the time of the publication of the order.
The school, which will enroll both boys and girls, will serve as a
recruitment pool for the Zimbabwe National Army (ZNA).

The boarding school will only enroll students who have attended one of the
12 primary schools that are currently being run by the ZNA through the
directorate of Army Education.

'Reforms shouldn't be about getting Mugabe out'

http://www.thezimbabwemail.com/

By Bivan Saluseki - The Post Online 7 hours 22 minutes ago

ZIMBABWE'S constitutional law expert Prof Lovemore Madhuku says it is wrong
for Zimbabwe's reform agenda to be set around getting President Robert
Mugabe out of power.

And one of Zimbabwe's political think-tanks, Dr Ibo Mandaza, says Zimbabwe
is far from a worst case scenario in terms of adherence to democratic
tenets.

During a roundtable discussion with representatives of selected influential
SADC media in Harare on Monday, Prof Madhuku said President Mugabe was aware
that the West, some media organisations and the opposition wanted him out of
power as their reform agenda.

"Everything is about Mugabe getting out. And he does not want to get out. He
knows people want him out. That has been the difficult part. Everything is
about Mugabe getting out. It's not what society ultimately wants. And that
is the biggest mistake," Prof Madhuku said.

He said there was need to look beyond President Mugabe and address issues
that would ultimately put in a leadership people desire.

Prof Madhuku suggested that reforms should revolve around having a good
constitution and devolving power from the presidency.

He said he gets irritated with the agenda of embassies such as the US where
every discourse was about getting President Mugabe out of power.
"I get irritated. I don't think we can get anywhere with such kind of
reform," he said.

Prof Madhuku said reform should be deep and genuinely engaging of all
parties.
He said the opposition was playing a very irresponsible role of just 'saying
help us get Mugabe out.'

Prof Madhuku said currently, the US wanted free and fair elections in
Zimbabwe without looking at the contents of the constitution which to him
was a dishonest approach.

He said currently, the draft constitution provided for more powers of the
President but the US was not talking about it because they were just
concentrating on removing Mugabe.

Prof Madhuku said there was need to change the international perception of
Zimbabwe in the SADC region.

And Dr Mandaza said despite the economic problems, Zimbabwe was far from
worst case scenario in terms of democracy.
He said problems in Zimbabwe were being highlighted because of the country's
geopolitical position.

Dr Mandaza said Zimbabwe had one of the most informed societies and the
resources including a resilient citizenry.
He, however, said party lines had become very blurred in Zimbabwe and the
ultimate focus was to get President Mugabe out irrespective of where they
were getting their support.

Dr Mandaza said if President Mugabe was out of the equation, it would be
very difficult for the opposition to manage power amongst themselves.
"They have failed to assert the reform agenda," he said.

Dr Mandaza also said even ZANU PF was dying at the hands of President
Mugabe.

"It's not the party of liberation anymore. The UNIP experience appears to be
what awaits ZANU PF. Here, there will be a possible emergence of a new party
of under 50s," said Dr Mandaza.

Participants noted that the narrative of Zimbabwe was one of the most
intensely contested in the world.

Zimbabwean officials are traveling to the U.S. to study economic development

http://towson.patch.com/

By Tyler Waldman

July 31, 2012

For advice on improving their business community, a group of Zimbabwean
officials will look a world away in Towson in August.

A group of eight town officials from Zimbabwe will travel to the Baltimore
area on Aug. 15 as part of

For advice on improving their business community, a group of Zimbabwean
officials will look a world away in Towson in August.

A group of eight town officials from Zimbabwe will travel to the Baltimore
area on Aug. 15 as part of a State Department-sponsored visitors program.
The officials are in the U.S. to study how American towns create business
and development strategies that help spark job growth. Their itinerary
includes a stop at the Towson Chamber of Commerce. The visitors are:

Femias Foroma Joshua Chakabuda, mayor, City of Masvingo
Nimrod Willard Chiminya, president, Zimbabwe Local Government
Association (ZILGA)
Emmanuel Chiroto, Deputy Mayor, Harare City CouncilTendai Mahachi, chief
executive officer/town clerk, City of Harare
Elizabeth Mbwana, town clerk, Municipality of Redcliff, Zimbabwe
Thaba Patrick Moyo, mayor, Bulawayo City Council
Rodgers Mozhentiy, co-secretary-general, Zimbabwe Local Government
Association
Nothando Msimanga, chairperson, Plumtree Town Council

The visit, part of the International Visitors Leadership Program, is run
locally by the World Trade Center Institute in Baltimore. It's aimed at
building understanding and discussing best practices between American and
foreign officials.

The Zimbabwean group will be in the country for three weeks, but will be in
Maryland for just one day, according to trade center officials. Their visit
also includes a stop at the Baltimore County departments of planning and
business and economic development.

"We never get anything like this in our community, and it's really neat that
they're trying to learn how to start a chamber, over there and they come to
our chamber," said Nancy Hafford, the chamber's executive director.

Hafford said she plans to invite several chamber board members and community
leaders.

"They don't have chambers of commerce over there and I think we want to talk
about how important it is to work with the residential community to bring
them into the business community," she said. That includes the chamber's
community initiatives, like Feet on the Street and the weekly farmers
market.

The visit was originally scheduled for January, but was canceled at the last
minute due to visa troubles.

"I'm going to keep my fingers crossed that everything goes through," Hafford
said.

Activists slam poor management of ARV supply

http://www.irinnews.org/

Photo: John Nyaga/IRIN

More than 250,000 Zimbabweans need ARVs but have no access to them (file photo)

HARARE, 1 August 2012 (PlusNews) - HIV/AIDS activists in Zimbabwe have criticized the government's poor management of the national HIV treatment programme after an audit revealed that life-prolonging antiretroviral (ARV) drugs expired on the shelves of public health facilities.

An audit report released in May by the Comptroller and Auditor-General's department found that some 15,088 bottles of various ARVs had expired between 2006 and 2010 while in stock at 15 pharmacies. The audit also showed that 33,241 bottles of HIV drugs belonging to the Ministry of Health and Child Welfare expired at the National Pharmaceutical Company (Natpharm), the national distribution point for all drugs in Zimbabwe.

"This is the most annoying issue, where a country like ours has gone through so much in the fight against HIV/AIDS, to have drugs expire while thousands of people are in need of ARVS," HIV activist Evelyn Mushamba told IRIN/PlusNews.

Zimbabwe has 1.2 million people living with HIV, which translates to a prevalence rate of 13.6 percent. Some 347,000 people are on treatment, but 600,000 are thought to need the drugs. The treatment gap has widened since Zimbabwe adopted new UN World Health Organization treatment guidelines, which recommend starting treatment for patients with a CD4 count (a measure of immune strength) of 350, compared to a CD4 count of 200 in earlier treatment guidelines.

The Comptroller and Auditor-General's report also found that the Ministry of Health and Child Welfare was failing to fully utilize funds allocated to it by the treasury and the National AIDS Council (NAC), which meant that some patients did not start treatment on time, there was poor monitoring of patients on treatment, and poor record maintenance.

"There is so much mismanagement taking place on the ground, it is like somebody is experimenting on our lives. Drugs are being changed without adequate notification and proper patient education when switching drugs," said Mushamba, who has been living with HIV for more than 10 years. "A lot is taking place and nobody wants to take the responsibility - from the service providers to the so-called policy bearers. It is frustrating."

It is like somebody is experimenting on our lives... A lot is taking place and nobody wants to take responsibility... it is frustrating

Tinashe Mundawarara, project manager for HIV, human rights and law at Zimbabwe Lawyers for Human Rights, also expressed concern about the poor management of the national HIV/AIDS programme.

"Any profile of problems faced by people living with HIV around the country will reveal a narrative of drug stock-outs… with people living with HIV being forced to share ARVs in provinces like Bulawayo. People living with HIV are usually forced to share ARVs when stocks allocated are inadequate, but when you hear that drugs expiring on the shelves, it is worrying," said Mundawarara.

"Diagnostic equipment is also not easily accessible for people living with HIV, with some provinces like Masvingo [in eastern Zimbabwe] having people living with HIV going for more than two years without having a CD4 count repeated because machines are either down or unavailable."

[This report does not necessarily reflect the views of the United Nations]

Zimfest in Harare in December

http://www.swradioafrica.com

Zimfest enters its second year in Harare on the global celebration of
Zimbabwean arts and culture Zimfest has announced the date and venue for its
second year in Harare. The event themed “Raindance” will be held on Saturday
22 December 2012 at the Harare Sports Club and will bring together Zimbabwe’s
finest musicians, artists to the stage including some familiar faces
alongside some exciting newcomers.

The event organisers are promising a multi-dimensional exploration of the
diversity of Zimbabwean culture built around an interplay of live music,
the performance arts original cuisine and sport.

The Project Manager of the festival Mike Tashaya said, “The event will
feature live artists performing on the main stage alongside a line up of
performance artists ranging from schools bands to dance troops. There will
also be a dedicated DJ arena where people can dance nonstop all day to a
wide selection of music to suit all tastes.”

He also added that, “Confirmed artists to date include hip hop artist Tehn
Diamond, rock and indie fusion band Evicted, Chikwata263, mbira star Hope
Masike who is currently on tour in Europe with her band Kakuwe; also
confirmed are DJs Toby Two Shoes and Rex & Regis amongst others and the
full line up due to be announced shortly.”

Other activities include a 7’s rugby and 5 aside soccer tournament taking
place in the morning, a dedicated kiddies play area for the whole day,
extensive food stalls to cater for all tastes and a vibrant market area,
Zimfest Harare is set to deliver a memorable day for everyone.

The most important aspect of Zimfest is that it is a charity event. Funds
raised at Zimfest will be channeled towards supporting charities that work
in youth development, education, human rights delivery and the provision of
basic support for Zimbabweans in need.

This year Zimfest in Harare will assist a number of organisations including
the Just Children Foundation that looks after needy children from all walks
of life. With their motto being “IF EVERYBODY CARED ENOUGH, AND EVERYONE
SHARED ENOUGH, EVERYONE WOULD HAVE ENOUGH” the foundations philosophy speaks
directly to that of Zimfest and the festival is proud to support them.

The festival will take place from 10am till late, promising a fun filled day
for the whole family.

INFORMATION

- Tickets – Prices range from $20(advance) – $25 (at the door) and will go
on sale from September 2012

- For group sales, please contact harare@zimfestlive.com

- Children under 13 free

- Visit the Zimfestlive website, Twitter or Facebook for updates and more
information

- Sponsorship – Sponsorship packages are available. Contact
Sponsorshipharare@zimfestlive.com for more information

About Zimfest

Zimfest was established in 2001 by a group of Zimbabweans based in the UK
and since grown to become a global brand. The annual festival has been held
successfully over the last 12 years. Zimfest has grown to become one of the
biggest African festivals and last year attracted over 5000 people.

Testament to the success of the event is the multitude of strategic
partnerships that have been established to give the event a unique global
presence. Zimfest now takes place in 5 cities across the globe Harare,
London, Cape Town, Johannesburg, Perth and Brisbane, attracting Zimbabweans
as well as locals in a truly multicultural celebration of Zimbabwean music
and culture.

Analysis: RBZ Monetary Statement

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

Yesterday the Reserve Bank Governor issued a severely critical assessment of
the state of the Zimbabwe economy, citing among the causes the conditions
that affected the country while it was still using its own currency:
01.08.1202:56pm
by John Robertson

Mid Term MPS July 2012

1. Frequent power outages;

2. Cash shortages;

3. Acute foreign currency shortages;

4. Skills flight;

5. Vibrant parallel market for goods and foreign exchange;

6. Erratic fuel supplies;

7. Endemic speculative and rent seeking behaviour; and

8. Rapid rise in production costs.

After “significant strides” that could be taken after the country adopted
the use of foreign currencies, the Governor observes that new challenges
have emerged, some of which are similar to those that affected the economy
up to the end of 2008:

i. Policy reversals and inconsistencies;

ii. Indiscipline in the financial sector;

iii. Deterioration of infrastructure.

iv. Adverse global economic developments;

v. Difficult external sector position;

vi. Persistently recurrent liquidity challenges;

vii. The negative effect of sanctions;

viii. Widespread closure of companies; and

ix. Limited fiscal space.

What is missing from the Governor’s analysis is that most of the problems
have a common origin: the massive cuts in output that followed upon Land
Reform and the forced closure of nearly four and a half thousand
agricultural companies. As a direct consequence of those closures, many
other companies have also gone out of business. The impacts of these all get
a mention – lost jobs, lost export revenues, lost tax revenues, lost skills
and the country’s inability to settle its debts – but the links back to the
cause do not.

Neither is there any mention of the fact that the collateral value of
farmland and the the active market in these properties permitted the banks
to extend long-term credit as well as loans of working capital to commercial
farmers. A large part of the explanation for Zimbabwe’s economic collapse is
the cancellation of the market value of the securities that supported the
largest volume of credit available to the economy.

However, the Governor does make a sharp reference to one of the effects: in
2011 Zimbabwe had to import $5,4 billion-worth of finished products, but in
1999 it had to import goods worth only $1,3 billion.

Many pages of the 65-page report deal with the problems of the banking
sector and he believes some of these have been made worse by the demands of
the Indigenisation and Empowerment Act. Hopefully, his critical observations
on this Act will be taken seriously. He also blames sanctions, saying that
they are “impeding access to commercial and trade finance, as both
Government and private sector’s access to foreign loans is curtailed.”
Perhaps a mention of sanctions is obligatory in any government statement,
but, more accurately, the Governor says a few paragraphs later that access
to external borrowing is not an option “on account of accumulated external
payment arrears.”

On practical issues, the Governor’s wish to see a smaller number of
better-capitalised banks emerging is made clear by the announcement of a
significant increase in minimum capital requirements. Commercial and
merchant banks will have two years to meet a new minimum of $100 million and
building societies’ capital will have to reach $80 million in that time.
These figures are eight times the currently acceptable minima.

The timetable requires that they reach 25% of the target by December 31 this
year, 50% of the target by June 30 next year, 75% by the end of next year
and 100% by June 30 2014.

Some of the banks might be expected to have difficulty doubling their
capital by the end of this year, it is those that might be expected to start
arranging mergers first. It seems inevitable that others will be drawn into
the merger / take-over debate as the deadline approaches, but others will be
hoping that indigenisation threats will be removed and that equity capital
injections from abroad will be brought within reach.

Why is Zanu (PF) afraid of Copac draft?

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

At the time of writing this article, the Zanu (PF) politburo had spent three
or four days poring over the Copac draft constitution. There is a strong
likelihood that, although most of the hardliners in that disappearing party
will move hell to have the draft rejected, the doves and the moderates in
the party will welcome it.
01.08.1210:21am
by John Makumbe

Most of the hawks or hardliners will object mainly to the clauses in the
draft that seek to reduce the powers of the president. This objection will
be expressed as part and parcel of their bootlicking of President Mugabe in
the futile hope that if he wins the next election he will look favourably
upon them and appoint them to Cabinet.

Section 5.5(2) is likely to be a thorn in Mugabe’s backside. It provides
that any candidate for a president should nominate two running mates to
stand for election jointly with him or her. Since the institution of the
executive President in this country, Mugabe has always gloried in the fact
that he was the only one elected on a nationwide basis. The Copac document
will change all that.

The hawks in Zanu (PF) have already objected to this in an attempt to
maintain the status quo, whereby the President appoints the two Vice
Presidents (VPs). The hawks and Mugabe are also likely to object to the
provision in 5.6(1), which states in part, “...any aggrieved candidate may
challenge the validity of an election of a President or Vice-President by
lodging a petition or application with the Constitutional Court within seven
days after the date of the declaration of the results of the election.” This
needs to be read together with section 5.7(a) which stipulates that the
winner of the presidential election should be sworn into office on the ninth
day after the declaration of the results. This is done in order to allow for
any petitions that may be submitted by aggrieved candidates. We remember
that in June 2008, President Mugabe was sworn into office well before the
counting of the run-off ballot had been completed. The Copac draft will not
allow this to happen again. Thank God.

In section 5.25 the President’s power of mercy has been diluted to the
extent that he will now have to consult with Cabinet before granting a
convicted person a pardon. In the past, this function was strongly stated as
a presidential prerogative, and we all know it was abused for party
political benefit. This is highly unlikely to happen should the Copac draft
be adopted as this nation’s new and democratic constitution. Another likely
bone of contention is the provision in section 6.28(2), which states, “The
President must by proclamation dissolve Parliament if the Senate and the
National Assembly, sitting separately, by the affirmative votes of at least
two-thirds of the total membership of each House, have passed resolutions to
dissolve.” In the past, it has always been the function of the President to
dissolve Parliament, but this provision snatches that power from him and
gives it to Parliament.

The pertinent question to ask is whether Zanu (PF) is going to accept the
Copac document and allow it to proceed to both the Second All Stakeholders
Conference and the referendum. They have so far accepted 97% of the Copac
document, which is good news, but we wait to see what happens with the
remaining 3%. At this stage, none of the three political parties in the
inclusive government has the opportunity to negotiate any further changes to
the draft. The ball is now firmly in the hands of the people of this country
to vote as they see fit. Copac detractors and political malcontents must now
hang their heads in shame.

- makumbe60@gmail.com

We must not be blackmailed

http://www.thezimbabwean.co.uk

David Coltart says that the land provisions in the draft constitution are
“racially discriminatory and should never be in any modern democratic
constitution.” He also said that even worse than these land provisions was
that “far too much power is still vested in the executive.” In other words,
the constitution abrogates fundamental human rights and does not contain the
necessary checks and balances to constrain Presidential powers. Yet, Coltart
argues that we cannot &ldqu
01.08.1209:23am
by Martin

The first is that human rights and the separation of powers, amongst others,
are not minor elements but the core pillars upon which a democratic
constitution stands or falls. Remove one of those pillars and the whole
edifice crumbles. Equally worrying, is that the constitution specifically
contradicts the rulings of the SADC Tribunal which were based on
international customary law and the Vienna Convention on the Law of
Treaties. As Zanu (PF) systematically discredited and dismantled the
Tribunal, the MDC did nothing but maintain a shameful silence. Now Coltart
is asking the people to do that same: turn a blind eye to grievous flaws in
the draft constitution.

The second argument is if we do not accept this deeply flawed document we
will play into the hands of Zanu (PF) hardliners. But, hold on a minute ...
are the people of Zimbabwe being asked to judge the draft constitution on
its own merits or to make a political decision? Just because Jonathan Moyo
is rejecting it for political reasons, do the people of Zimbabwe also have
to accept it for political reasons? The MDC has already played into the
hands of the hardliners by capitulating on human rights, executive powers,
and the question of justice. Coltart believes the draft constitution will
lead to more accountability, more democracy, and the loss of power by
hardliners. But if Mugabe blatantly disregarded the last constitution, why
should he abide by the new one? By what constitutional authority, for
example, does the President instruct the police to defy court orders and
ignore their constitutional duty to protect the people from atrocities
committed by his party supporters? The truth of the matter is that they
subverted the old constitution and then inserted the offending clauses in
the new draft constitution.

Zimbabweans should reject the argument that “we just do not have any other
option” – that unless we, like the MDC, compromise with a regime that has
brought nothing but poverty, humiliation and misery – and which created a
Diaspora that has conveniently been denied the vote – matters will only get
worse. The MDC won elections and ceded power because ‘they had no other
option’; they legitimised the seizure of farms based on race because ‘they
had no other option’. When Mugabe refused on budge on any GPA reforms, they
joined him by calling for the removal of sanctions because ‘they had no
other option’.

But now, we the people do have an option to decide upon whether or not to
adopt the draft constitution. We must deliberate and discuss the merits and
flaws of the draft constitution rigorously and openly. We must decide
whether any president should be trusted with such sweeping constitutional
powers. If necessary, we should sink this rickety and leaky ferry and start
afresh with a sturdy and seaworthy vessel of state that can confidently
withstand the constitutional gales and storms that lie ahead. But we must
not be blackmailed into accepting the unacceptable.

Après moi le déluge: Succession and the Zanu (PF) party constitution

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

The somewhat provocative title of this report conceals an extremely serious
issue with Zimbabwean politics. The theme of succession, both of the State
Presidency and the leadership of Zanu (PF), increasingly bedevils all
matters relating to the political stability of Zimbabwe and any form of
transition to democracy.
01.08.1211:07am
by Martin

Robert Mugabe flanked by the two people vying to take over from him:
Emmerson Mnangagawa and Joice Mujuru. Robert Mugabe flanked by the two
people vying to take over from him: Emmerson Mnangagawa and Joice Mujuru.

The constitutional issues related to the death (or infirmity) of the
President have been dealt with in several reports by RAU. In these reports
it was noted that there are arguably two valid interpretations of the
provisions in the State Constitution in this regard - one is that a nominee
“of” Zanu (PF) is simply appointed as the successor to President Mugabe, the
other is that both Houses of Parliament sit together as an Electoral College
and elect a nominee “of” Zanu (PF) as successor.

But providing that the nominee is “of” Zanu (PF) rather than rather than “by
or from” Zanu (PF) opens the door to several possibilities as to the nature
of the nominee, including that the nominee may be “of” Zanu (PF) but not a
member of that party.

The various possibilities and the difficulty they will present the Clerk of
Parliament (who effectively plays the role of a nomination court) are
discussed in the paper. However, if Zanu (PF) is to select the nominee in
terms of its own constitution, further problems need to be considered. The
Zanu (PF) Constitution is not well-known and only recently has a copy of the
full, detailed Constitution been available for independent analysis. Using
this copy, the structure of Zanu (PF) is outlined in the paper, together
with the powers, duties, and responsibilities of every structure within the
Party. Of particular importance are the powers related to elections and
amendment of the Party Constitution.

It is evident that there are a number of grey areas in respect of election
to the office of any of the four posts in the Zanu (PF) Presidium, including
the post of President and First Secretary. The clarity of the procedures
leaves much to be desired and is a fertile area for dispute.

With an understanding of the applicable provisions, rules, and the powers of
the various structures within Zanu (PF), the question of election to the
Presidium is analysed, and the important role of the Provincial Coordinating
Committees [PCCs] is described.

The Zanu (PF) Constitution stipulates that any candidate receiving
nomination by six or more of the ten Provinces will be directly “elected” to
the Presidium, by the National People’s Congress. It is unclear what happens
if the Congress refuses to “elect” the nominee chosen by the PCCs.

It is also unclear what happens in the event of multiple nominations and
splits between the PCCs. More topically, the role of the DCCs (District
Co-ordinating Committees) is outlined, with the understanding that the
Chairs of the various DDCs comprise(d) part of PCCs.

Hence, the dissolution of the DCCs has implications for the electoral
process for the Presidium, since, without the DCC chairmen represented on
the PCC, any decision could run the risk of being legally challenged on the
basis of that the body is improperly constituted. This can have knock-on
effect. Improperly constituted PCCs cannot make legal decisions, including
nominating persons for election to the Presidium. The difficulties (and the
above is one example) become amplified in the situation where the Zanu (PF)
constitutional and electoral machinery must conclude its processes within
the 90 day or shorter time frame required by State Constitution for voting
in a Parliamentary Electoral College following the death or infirmity of the
President.

It seems that this would create a well-nigh impossible deadline for the
internal Zanu (PF) procedures. Although the national succession problem has
yet to occur, there have been problems of succession within Zanu (PF) over
the years, and these are analysed with respect to the Zanu (PF)
Constitution, especially the events related to deaths of previous members of
the Presidium – that of Joshua Nkomo in 1999, Simon Muzenda in 2003, and
Joseph Msika in 2009. The manner in which the replacements to posts in the
Presidium were made is considered as a possible indicator as to what might
happen when the next vacancy in arises. As the report shows, each of these
deaths lead to considerable internal conflict over succession, and,
following the death of Simon Muzenda, to the remarkable events of the
“Tsholotsho Declaration” in 2004. The consequence of all of these events has
led to an increased centralisation of power in the hands of the Politburo,
and the marginalisa-tion of the democratic core of the Zanu
(PF)Constitution. The paper shows that nominations to the Zanu (PF)
Presidium have, to date, been determined, in the face of considerable
resistance, by a process of “guided democracy” on instructions issued by a
Politburo controlled by Mugabe.

The question thus arises as to what will happen when the post to be filled
is that of the “guide” - Mugabe himself. Several scenarios suggest
themselves, and are considered at the conclusion of the paper. - Derek
Matyszak, Research and Advocacy Unit, Harare

A Law Unto Themselves (Part 1) : Making and Breaking the Laws of the Land

http://www.sokwanele.com/thisiszimbabwe/archives/7940

August 1st, 2012

Zimbabwe Parliament

By Dale Doré, a discussion paper in the Zimbabwe Land Series

“Observance of the law is the eternal safeguard of liberty; and defiance of the law is the surest road to tyranny. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law.”

~ US President John F. Kennedy, 30 September 1962

Executive Summary

The story of Zimbabwe’s land crisis can be told as much by the executive’s prerogative to make laws as to wilfully break them. This paper recounts how the executive was granted wide discretionary powers to make laws and how Presidential abuse of these powers compromised the independence of the judiciary and undermined the duty of law enforcement agencies to uphold the constitutional rights of the people. Presidential pardons and the enactment of laws that ran counter to natural justice and international law were the executive’s weapons of choice. If and when these laws were challenged, they were simply changed or ignored by presidential fiat. The President’s self-proclaimed moral and political imperatives – based on his resurrected nationalist narrative on land – were enforced by suborned institutions of the state. Neither the country’s laws nor its courts could hold the executive or members of the ruling party to account. In their place a culture of impunity festers. Here, and in Part II of this paper (to follow), I argue for an alternative imperative: that fundamental human rights and the principles of international law be enshrined in Zimbabwe’s constitution, become the cornerstone of our transition to democracy, and etched into our future land policy.

The Rule of Law

What is the rule of law? Anthony Gubbay, Zimbabwe’s former Chief Justice (1990 – 2001), sees it as a celebration of individual rights and liberties.¹ It recognises the supremacy of the law, equality before the law, accountability to the law, and fairness in the application of the law. A fundamental tenet of the rule of law is the separation of powers. Because an independent judiciary constrains and regulates executive power, it is the bedrock of a constitutional democracy. It means that rulers cannot pick and choose which laws or courts they wish to obey. They cannot set one standard for themselves and another for the people they govern. Another key principle of the rule of law, according to Bingham, the former Lord Chief Justice of England and Wales, is the protection of fundamental human rights and a state’s obligations in international law.²

Making Laws

A number of laws made in Zimbabwe, especially regarding land, are at variance with the internationally accepted principles of law-making. The first relates to discretionary powers. Bingham states that: “Questions of legal right and liability should ordinary be resolved by application of the law and not the exercise of discretion.” Yet, under Zimbabwean law the President has been granted wide discretionary legal powers. Consider for example, the discretionary power vested in the President in terms of section 12(1) of the Agricultural Land Resettlement Act:

The President may, at any time and in such manner and under such conditions as he may deem fit, retake possession of land alienated.

The President also has his own law, the Presidential Powers (Temporary Measures) Act, for dealing with urgent situations. Although such discretionary executive powers are often necessary in times of an emergency, they are usually subject to stringent legislative constraints. In Zimbabwe, however, the law has been used more to press the executive’s legislative agenda on land and by-pass Parliament than to deal with emergencies.

There are three other principles of law-making which the government has consistently broken.

The first is that laws should not be made retroactively because it legalises an action that was unlawful when it was committed. It is rather like a blanket pardon; condoning wrong-doing.
The second is that laws should uphold the principle of natural justice. This simply means that every person has the right to a fair hearing in a court of law if it affects their rights or legitimate expectations. And, to avoid any impression of bias, a judge must recuse himself from hearing any matter in which he has an interest, such as seized land.³
The third is that domestic law should reflect international customary law, such as respecting human rights, paying fair compensation for property compulsorily acquired, and honouring treaties.

There is one final method of law-making that offends justice: to make laws that coerce a person from exercising their fundamental rights. Under the Land Acquisition Amendment Act of 2001, for example, the government’s preliminary notice to acquire land was valid for 2 years. But this time was extended for any period that a farmer had lodged an appeal with the Administrative Court. Its intent was to coerce farmers from exercising their right to be heard in a court of law.

Compensation

The first occasion of making land laws that ran counter to international law and natural justice came with the enactment of Constitution Amendment No. 11 in 1990. When the provisions protecting land rights in the Lancaster House constitution expired, the government was adamant that it would ‘not buy land by market force’.⁴ Rather than paying ‘prompt and adequate compensation’, the state would now only pay compensation ‘within a reasonable time’ and an amount – by its own reckoning – that was ‘fair’. The British Foreign Secretary expressed his government’s dismay, saying:

We are not happy. Zimbabwe, of course, has the right to amend its Constitution—but the principle of prompt and adequate compensation is a principle of international law and to remove it from the Constitution, therefore, has rather deep implications.’⁵

Equally controversially, Section 6 of Constitutional Amendment denied landowners the right to challenge the fairness of any compensation awarded in a court of law. As this provision was inimical to natural justice – because it extinguished the fundamental right to a fair hearing⁶ – former Chief Justice Dumbutshena (1984-1990) protested that the amendment went against “all accepted norms of modern society and the rule of law”.⁷

Breaking the law

The tipping point, however, came when the government sponsored draft constitution was rejected in a referendum in February 2000. Sensing defeat at parliamentary elections scheduled for June, the government wilfully broke its own laws by covertly aiding and abetting thousands of ruling party supporters to unlawfully occupy white owned commercial farms. In March 2000 the High Court declared the occupations unlawful and gave the occupiers just a day to leave the farms. The court order specifically directed the police to assist with the evictions and ignore any countermanding directives from the executive. But within days the Commissioner of Police applied to have the order amended on the lame excuse that he had insufficient manpower to carry out the order and, paraphrasing the President, that the right of occupation merited a ‘political’ and not a ‘legal’ solution. Despite another order affirming the High Court ruling the following month, it was defied by the Commissioner of Police. The fact of the matter was that the Commissioner’s bounden duty no longer lay with the state, its constitution, or the sanctity of judicial orders. His loyalty was to the Executive President, who said, “This is not a problem that can be corrected by the courts; it is a problem that must be corrected by the government and people of Zimbabwe.”⁸ The edifice of the rule of law was crumbling. Gripped with revolutionary fervour, the President declared the Third Chimurenga: a war in which unconstrained executive power would dispense with diplomatic niceties and brush aside the law to rid the land of white farmers.

Earlier, in February 2000, the President had unilaterally inserted a clause into Zimbabwe’s draft constitution stating that compensation would be paid for farm improvements only – not for the land itself.⁹ This responsibility would now rest with the ‘former colonial power’: Britain. Undeterred by the people’s rejection of the draft constitution, the President presented this clause as Constitutional Amendment No.16 to Parliament where he still commanded a two-thirds majority. Needless to say, the enactment of the amendment in April 2000 was ultra vires because it is beyond the powers of one state to unilaterally impose an obligation on another in its constitution. It therefore has no basis in international law. It was also coercive. It made an established right to compensation under international law conditional upon the unenforceable performance of another party.

Rather than defer to Parliament, the President moved quickly to give legislative substance to the constitutional amendment by invoking his statutory powers. In May 2000 the Presidential Power (Temporary Measures) (Land Acquisition) Regulations 2000 came into force, amending the Land Acquisition Act of 1992. Although its main purpose was to disavow any compensation payable for land, its various clauses chipped away at commercial farmers’ rights. Owners could no longer appeal to the Administrative Court to rule on whether the acquisition of their farms for resettlement was ‘reasonably necessary’. The mere identification of their farms for resettlement was deemed to be prima facie evidence that they were suitable for resettlement. This clause was also retroactive. If the Administrative Court had ruled that the farm was unsuitable for resettlement, the government could issue another acquisition order, which could not be brought before the Court. The President’s regulations also offended the principle of natural justice. Farmers were denied a fair hearing in any court to appeal against the government’s assessment of compensation. When the President’s land acquisition regulations were ratified by Parliament in November 2001,¹⁰ only the last constitutional safeguard – an independent judiciary – stood in his way.

A clear message was soon sent to the judges. When the Supreme Court was about to hear an application brought by the Commercial Farmers Union, a riotous mob invaded the sanctity of the Supreme Court, shouting death threats at judges. The Court, however, stood firm. It again ordered ministers and the Commission of Police to prevent further unlawful farm invasions. It also required land resettlement to be carried out constitutionally and in compliance with the law. When the Supreme Court sat again in December 2000, it found that:

Laws made by parliament have been flouted by the government. … The settling of people on farms has been entirely haphazard and unlawful. … They have been supported, encouraged, transported and financed, by party officials, public servants, the CIO and the army. … The rule of law has been overthrown in the commercial farming areas, and farmers and farm workers on occupied farms have been denied the protection of the law.

But the President had already signalled his intent. ‘The courts can do what they want,’ he said at his party congress, ‘They are not courts for our people and we shall not even be defending ourselves in these courts.’ The Supreme Court order was again disobeyed and the law broken.

The rest is history

In early March 2001, Chief Justice Gubbay and other independent-minded judges were forced to step down. In their stead the President appointed a new Chief Justice and reconstituted the Supreme Court bench with judges more amenable to his executive directives on land policies. Predictably, in December 2001, the Supreme Court set aside the Court’s earlier judgement. It held that the Rural Land Occupier (Protection from Eviction) Act, which legalised the unlawful invasions, was constitutional. It exonerated the Commissioner of Police when failing to obey previous High and Supreme Court orders. It also delivered for the executive its coup de grace: a constitutional and lawful land reform programme founded on the rule of law.

The words of John F. Kennedy’s still resonate today across our benighted land.

[1] Anthony R. Gubbay (2009) The Progressive Erosion of the Rule of Law in Independent Zimbabwe. Third International Rule of Law Lecture, Bar of England and Wales: London

[2] Tom Bingham (2010) The Rule of Law. Allen Lane: London

[3] According to the CFU, 16 Supreme and High Court Judges occupy contested farms (ZimOnline, 16 February 2010). Neither they nor the Chief Justice, who owns 2 farms, have recused themselves when hearing cases involving contested land or farmers’ assets.

[4] The Financial Gazette, 22 February 1991.

[5] The Herald: 10 January 1991.

[6] Article 7 of the African Charter of Human and Peoples’ Rights, to which Zimbabwe is a signatory.

[7] The Guardian (London), 13 December 1990.

[8] The New York Times, 17 April 2000 (International Crisis Group, Soil and Blood, 2004).

[9] Anne Hellum and Bill Derman (2000) Land Reform and Human Rights in Contemporary Zimbabwe. Meeting of the African Studies Association: Nashville (November)

[10] The exercise of the President’s prerogative to issue regulations in terms of the Presidential Powers Act is circumscribed by the requirement that such edicts be ratified by Parliament within 6 months.

This entry was posted by Sokwanele on Wednesday, August 1st, 2012 at 4:31 pm.

SADC team in Harare next week to join JOMIC