In a rare act of censorship, Zimbabwe's inclusive government has banned
artwork by Bulawayo-based artist Owen Maseko that depicts violent political
upheavals more than 25 years ago.
A special government order was issued
in Harare late Friday banning art works by Owen Maseko, briefly seen by the
public last march in the main art gallery in Bulawayo.
The artworks, some of them huge murals, concentrated on political violence in the two Matabeleland provinces in the 1980's aimed at the opposition of that time, the Zimbabwe African People's Union led by the late nationalist Joshua Nkomo.
President Robert Mugabe sent a brigade of North Korean-trained soldiers into
rural areas in the two Matabeleland provinces. Few outside those areas knew
about this terror campaign, South African and British journalists exposed the
atrocities in 1983.
Human rights activists investigated and produced a
detailed report years later called "Breaking the Silence", which said about
20,000 people, mostly ZAPU supporters from the minority Ndebele tribe, were
killed.
President Mugabe has never made an apology for the campaign, but
once described it as an "act of madness."
Maseko's most striking picture
is his depiction of a unity accord Nkomo signed with Mr. Mugabe in 1987 that
ended the violence, but also brought an end to ZAPU, which had fought the war to
end white minority rule alongside Mugabe-led forces.
Another painting of Maseko's view of Zimbabwe elections shows people putting
their ballot papers into a flushing toilet.
The government order banning
the paintings came from the Home Affairs Ministry under the Censorship and
Entertainment Control Act. The ministry is jointly controlled in the
18-month-old unity government by ministers loyal to Mr. Mugabe and to Movement
for Democratic Change leader Prime Minister Morgan Tsvangirai.
The
censorship authority says the artworks, which it described as 'offensive" are
also "tribal." The authority also complained that among the art on display at
the Bulawayo Gallery in March was a picture of nude man with exposed
genitals.
Veteran political analyst Brian Raftopoulos says censorship is
not widely used in Zimbabwe, because people have little access to books. He
also says Zimbabweans practice a degree of self censorship through their fear of
the state.
Shortly after the gallery opening, police stormed the
building, which has large windows at street level, covered the art works with
newspaper, and arrested Maseko.
He was charged under laws that penalize
anyone seen to "insult" or "demean" the authority of the
president.
http://www.thezimbabwean.co.uk/i
Written by Gift Phiri
Monday, 30 August
2010 10:37
HARARE - Prime Minister Morgan Tsvangirai has said President
Robert Mugabe
(pictured) is lying that principals have agreed to only get
MDC governors
sworn in only after western sanctions are
removed.
Mugabe told his Zanu-PF party's central committee in the capital
Harare last
week that Prime Minister Tsvangirai must call for the removal of
a western
travel ban and asset freeze on the 86-year-old leader and his
inner circle,
only then can five MDC governors be sworn in in line with
agreements in the
global political agreement.
Tsvangirai told party
supporters at the launch of a new MDC card Friday that
the principals in the
GNU had agreed to a formula for the allocation of the
governors based on the
results of the election. "It is for this reason that
the MDC was awarded
five governors as a reflection of our mandate from the
people," Tsvangirai
said.
The five MDC nominees for the gubernatorial posts are Senator James
Makore
for Harare Metropolitan province, Seiso Moyo for Bulawayo
Metropolitan
province, Lucia Matibenga (Masvingo), Tose Sansole
(Matebeleland North) and
Julius Magarangoma (Manicaland). Mutambara is yet
to reveal his partys
choice for governor. Tsvangirai said: "To then
artificially link the
allocation of governors to the issue of restrictive
measures is a blatant
attempt to undermine the GPA, the inclusive government
and the will of the
people.
"Similarly, desperate calls to link
future elections to the issue of
restrictive measures is another attempt to
avoid the commitments in the GPA
which determines the framework for such
elections. This is in line with
SADC's recent resolution to produce a
definitive roadmap to these elections
as a clear exit strategy to the
Zimbabwe crisis."
Both the European Union and the United States maintain a
travel ban and
asset freeze on Mugabe, his wife and inner circle in protest
at a series of
disputed elections since 2002 and alleged human rights abuses
by his
government.
The unity deal was signed nearly two years ago,
but the feuding parties are
still battling over a series of top political
posts.
Mugabe told his central committee last week: "They have to get those
sanctions off if they want any concessions from us. There are no more
concessions. We will never ever move," he said.
http://www.swradioafrica.com
By Lance Guma
30 August
2010
Several constitutional outreach meetings were abandoned in the urban
areas
of Masvingo on Saturday. Our correspondent, Simon Muchemwa, reports
that
only 1 out of 6 meetings were successfully completed after ZANU PF
planted
members of the Central Intelligence Organization (CIO) into the
outreach
teams.
Those appointed by ZANU PF into the outreach teams, and
have been working in
the teams for the past two and half months, were
replaced by the CIO's
without notice, Muchemwa reported. Although not using
violence to disrupt
the meetings the CIO have been generating silly
squabbles amongst the
all-party outreach teams to ensure no meeting is
successfully completed. The
only meeting to be completed lasted 5 hours and
was dominated by more
engineered 'petty' squabbles.
At Mucheke Hall
for example Team number 6 of the outreach failed to complete
its meeting
after the ZANU PF CIO rapporteur alleged proper procedures were
not being
followed. The arguments were so heated members of the outreach
team almost
came to blows. The meeting was abandoned after only 4 out 26
questions had
been asked in a total of 2 hours.
An attempt on Monday to finish the
abandoned meetings was again disrupted.
This time it was the turn of
notorious ZANU PF activist Chief Fortune
Charumbira who is President of
Zimbabwe Council of Chiefs. Charumbira, with
the help of the Provincial
Administrator and a ZANU PF youth known as
Ephraim Moyo, is alleged to have
deliberately misled outreach teams into
going to rural Zaka some 200 km away
from Masvingo urban. This meant they
could not go back to the correct venue
in time for the meeting to be done.
The disruptions come at a time the
Constitutional Parliamentary Committee
(COPAC) was supposed to meet its
project board to raise an extra US$5
million funding to extend the outreach
by 15 days. Muchemwa told us ZANU PF
knows COPAC is broke and cannot afford
to complete the abandoned meetings.
This he said was why they are
deliberately resorting to the tactic of making
sure meetings are
abandoned.
http://www.dailynews.co.zw
By Sidney Saize
Monday, 30 August 2010
14:50
MUTARE - At least 44 families in the diamond-rich Chiadzwa area
from Mkwada
village are set for a major showdown with the government
following their
resolution Sunday to resist eviction from their roots until
they are given
full compensation for their homes and disturbance allowance
for the
relocation.
Mkwada village situated about 160 km West of
Mutare has 44 families that are
due for relocation from Chiadzwa to Odzi
Transvaal Farm, North of Mutare.
The farm was once run by the Agricultural
Rural Development Association,
until recently.
An initial 13
families that relocated two months ago are occupying three
bed roomed
houses subdivided and shared among the member families.
Mutare West
Member of Parliament, Shuah Mudiwa told the Daily News that a
meeting held
Sunday at Mkwada village in Chiadzwa with affected villagers
had resolved
that they remain resolute not to move from the area until they
are paid
compensation.
"The members agreed that they would not go anywhere until
they receive
payment for compensation. They also indicated that they want a
written
agreement for the payments if the money for compensation is not
readily
available," Mudiwa said.
" The villagers swore they were
prepared for anything and would not move an
inch until they get what they
deserve from the responsible companies that
are mining their precious
resource," said Mudiwa.
Mudiwa said a meeting with the villagers and
members of the Chiadzwa
Community Development Trust had also resolved that
the office of the
provincial administrator and the district administrator
involve the sitting
MP, and councillors in their plans to relocate the
families.
He said it had been noticed that the PA and DA had not been
informing the
local leadership in maneuvers to take the families to
Odzi.
Manicaland provincial administrator Fungai Mbetsa said the matter
was
entirely in the hands of the governor, and resident Minister Chris
Mushowe.
"You have to talk to the governor as he is the one
co-coordinating that,"
Mbetsa said.
Mushowe could not be reached for
a comment today.
The first group of families evicted from Chiadzwa to
Odzi complains that
the new houses are too small for their big
families.
Pilani Sigauke, one of the relocated villagers said the new
area is insecure
as they were at the farm on a temporary base.
"The
houses are small and we are here temporarily. We need to be where we
can
make long term plans. We must be told the truth on where we can settle
forever," said Sigauke.
The government of Zimbabwe recently declared
Chiadzwa a protected area and
therefore, no human settlements should be near
the diamond rich area where
the government awarded tenders to two diamond
companies to mine the precious
mineral.
http://www.swradioafrica.com
By Alex Bell
30 August
2010
Prime Minister Morgan Tsvangirai has expressed his regrets that the
MDC had
split into different formations, calling it the “saddest thing” in
his life.
The two MDC factions were temporarily united over the weekend
when they said
farewell to the party’s co-founder, Gibson Sibanda, who
passed away last
week. Tsvangirai, who heads the MDC-T, told hundreds of
mourners at the
memorial service that he regretted the 2005 split of the
party, that saw
Sibanda and other senior MDC leader form a breakaway
faction.
“The political developments in this country will never be the
same again
after the formation of the MDC, but the saddest thing in my life
is the
split of the MDC,” Tsvangirai said.
The MDC-T leader said
Sibanda provided “stability and guidance” in his
personal life and political
career, calling him a “unifier,” unlike any
other.
Sibanda and the
MDC-M’s Secretary General, Welshman Ncube, led the 2005
breakaway from the
MDC, following differences over participation in the
senatorial elections
that year. Sibanda and others wanted the party to
contest the polls but
Tsvangirai overruled, them leading to the fallout.
“What we said after
the split, I regret it. I am sorry Gibson for what we
said at that moment,
it was a moment of weakness and it was not worth it,”
said an emotional
Tsvangirai at Friday’s memorial service.
The service was attended by
senior leaders from the two MDC formations and
ZAPU leader Dumiso Dabengwa.
Various influential leaders in business and
civil society were also among
the mourners at the service.
Sibanda died last Tuesday morning aged 66
after a long battle with cancer.
He was buried at his home village of
Komcondo in Insiza on Sunday.
http://www.dailynews.co.zw/
By Sidney Saize
Monday, 30 August 2010
14:42
MUTARE - Members of COPAC working in Manicaland province
resumed work
Monday, calling off a self-imposed holiday the teams had
awarded themselves
last Friday.
Chairpersons of the three
parties, from the two MDC formations and Zanu PF
in Manicaland province last
week announced they would take a week-long
holiday after completing 65 days
of COPAC work.
The three chairpersons held in a meeting and agreed to
defy a memorandum
from their leaders in Harare which ordered them to
continue with their work
in a marathon programme without taking a
break.
Zanu PF members within COPAC had in addition boycotted last
Friday's
outreach work in Nyanga district demanding that they be paid in
full their
outstanding allowances amounting to US$240 before they could
resume work.
In a major climb-down, Patrick Chitaka, MDC-T Manicaland
chairperson said
they had done away with the holiday.
"There is no
more holiday. That leave from work can only be granted by our
leaders in
COPAC who are Mwonzora (Douglas), Mangwana (Paul) and Mukosi
(Edwin). Until
these leaders say we can go for leave then we can go,"
Chitaka
said.
Zanu PF's vice chairperson for Manicaland province Dorothy Mabika
shunned
questions put her on the change of heart from her team members who
last week
vowed not to go back to work until they are paid in
full.
Sondon Mugaradziko of the MDC-M said; "We are taking this process
seriously
and we need to work for the country. We have to finish work first
and rest
later."
Meanwhile, only four teams out of the usual 10 left
for Nyanga on outreach
work, following poor administration from the district
administrator's office
in Nyanga.
Four wards were advised of the
COPAC visits instead of 10. The other six
teams remained in the city with no
area to visit after the DA for Nyanga
Regai Madondo allegedly failed to
co-ordinate all the 10 wards.
Madondo could not be reached for a comment
today, as he was said to be out
of his office. His mobile phone was
unreachable.
Last Thursday the outreach teams did not travel to Nyanga
after they failed
to get fuel.
http://www.swradioafrica.com
From ROHR Zimbabwe
Information Department
Tuesday 31 August marks the official launch of a
historic peace building
initiative to be spearheaded by four civil society
organizations, Centre for
Community Development in Zimbabwe (CCDZ), Catholic
Commission for Justice
and Peace (CCJP), Victims Action Committee (VAC) and
Restoration of Human
Rights Zimbabwe (ROHR) under the banner "YOU AND I CAN
MAKE PEACE HAPPEN''.
The drive behind the project is to promote peace,
tolerance and national
healing among Zimbabweans during the critical time of
transformation.
The launch is expected to be graced by various stakeholders
among them
government officials, members of the diplomatic core, private
sector, media,
lawyers, members from the various political parties. Prime
minister Morgan
Tsvangirai is expected to officially signal the rolling of
the initiative.
Peace building is one of the critical impetus upon which the
transition is
premised to succeed as the country is making efforts to
transform from past
legacies of instability and build a bridge into a vision
of a democratic
society.
The initiative coincides with the African
Union's (AU) recognition for the
need of peace among the human family and
the subsequent declaration of 2010
as the year of peace and security in
Africa. Taking into context the country's
trajectory, the project seeks to
encourage the nation to assume deliberate
responsibility upon every
individual to ensure the observance and sustenance
of peace and also among
other things:
. Raise awareness on peace building and national healing
.
Build skills and capacities among civil society leaders, community members
on peace building, national healing and conflict management.
. Broker
relationships among key actors on peace building.
Meanwhile ROHR Zimbabwe
celebrates its third anniversary on the night of the
peace building launch
after propelled into existence by the need to see a
peaceful, just and free
nation that is conscious of and respects human
rights. The organization
continues to grow under the guided values of peace,
justice and
freedom.
--
For Peace, Justice and Freedom
http://www.swradioafrica.com
By Alex Bell
30 August
2010
Former ZANU PF politburo member and Home Affairs Minister Dumiso
Dabengwa
has been unanimously endorsed as ZAPU President for the next five
years.
Dabengwa's nomination was endorsed by the party's fourteen provinces
over
the weekend, at the party's congress in Bulawayo. The congress held at
the
Zimbabwe International Trade Fair grounds was the first since ZAPU
merged
with ZANU PF in 1987 to end atrocities committed by the 5th Brigade
in
Matabeleland and Midlands provinces.
But ZAPU pulled out of the Unity
Accord two years ago accusing ZANU PF of
refusing to fully implement the
agreement, as its members continued to be
sidelined when it came to senior
appointments in the united party. The same
situation is now being faced by
Prime Minister Morgan Tsvangirai's MDC
party, who are partners in the
current coalition government. Many critics
have said the current unity
accord is on the same path as the ZAPU, ZANU PF
deal.
The three-day
ZAPU congress also adopted amendments to it's founding
constitution, which
says that Dabengwa will have to relinquish his party
post if he is elected
president of the country.
"All the 14 provinces of ZAPU have unanimously
endorsed Dabengwa as the
president of the party for the next five years,"
Methuseli Moyo, the ZAPU
spokesperson said. "We are ready for the elections
and we believe we now
have a candidate who is ready to go to State House
with or without a new
constitution."
Meanwhile a legal bid by a group
of disgruntled members to stop the
congress, failed after the High Court
ruled that the application was not
urgent. The applicants wanted Dabengwa
barred from using the name ZAPU and
the party's symbol of a charging
bull.
However Justice Nicholas Ndou dismissed the application, ruling that
the
applicants had known about the pending congress six months
ago.
"There is no urgency at all in the application and in any case the
confusion
which might arise from the national congress can be cleared by a
public
statement from the applicant," the judge said.
http://www.herald.co.zw/
30 August
2010
Harare - Harare City Council is reportedly releasing 2,02
million litres
(202 megalitres) of raw sewage daily into streams and rivers
that feed into
its main water source.
This translates to 33 percent
of water the council treats and pumps into its
reticulation system per
day.
On an average day, the city's water treatment plants have the
capacity to
purify about 600 megalitres (600 million litres).
This
was disclosed at the Harare Magistrates' Courts last week when the
Environ-mental Management Agency dragged Harare City Council to court for
allegedly discharging sewage without a valid licence according to Section 57
of the Act as read with Section (5) (1) of Statutory Instrument 6 of
2007.
The city council is further accused of obstructing or hindering the
watchdog's inspector from investigating city operations at the plant
according to Section 137 of the Environmental Management Act Chapter
20:27.
A further charge arises for the city's alleged failure failing to
deal with
both effluent and solid waste in its suburbs.
Magistrate Mr
Never Katiyo heard the case while Mr Editor Mavuto prosecuted.
Presenting
evidence in court last Tuesday, EMA's environmental quality
officer, Ms
Tapiwa Munezvenyu, said on February 8 this year she was tasked
to
investigate a sewage discharge emanating from Firle sewer plant after a
tip-off from the public.
Two days later, a team from EMA was allowed
to enter the plant on condition
they left their cameras behind.
The
source of the discharge was traced to a manhole within the treatment
works,
she told the court.
The City Council was issued with two tickets, whose
amounts were not
disclosed, and ordered to rectify the
problem.
According to Ms Munezvenyu, this was never done.
City
spokesperson Mr Leslie Gwindi last Friday confirmed council purified at
least 600 megalitres of water, but declined to go into details on the
situation at Firle sewage treatment plant, arguing the matter sub
judice.
"We are going to take you guys (media) on a tour of the treatment
(sewage)
next week," said Mr Gwindi.
City director of water and
sanitation Engineer Christopher Zvobgo confirmed
the city had eight sewage
treatment plants but only Firle and Crowborough
were in sound working
condition.
"Of the eight sewer treatment plants only Firle and
Crowborough are working
and they are producing 144 megalitres and 58
megalitres respectively," said
Eng Zvobgo.
He also declined to
respond to EMA's claims, arguing the matter was still
before the
courts.
Earlier this year, EMA made an urgent chamber application to the
High Court
for council to stop discharging raw sewage into rivers and
streams around
the capital.
The High Court, however, ruled that the
application was not urgent,
prompting the environmental watchdog to approach
the magistrates' courts.
At a fire awareness campaign in Mt Darwin
recently, Environment and Natural
Resources Minister, Francis Nhema called
for the creation of an
Administrative Environmental Court to deal with such
agent matters.
"If people continue to deposit raw sewage into our sources
of drinking water
and the courts are saying it's not urgent when people are
risking their
lives, we have to lobby for special courts to deal with these
matters,"
Minister Nhema said.
Last month, environmentalists warned
of a new cholera outbreak in urban
centres as local authorities were
discharging raw sewage into sources of
drinking water.
http://www.thezimbabwemail.com
30 August, 2010 01:43:00
Sapa-DPA
ZIMBABWE’S government has had to fend off charges that it is
encouraging
teen sex after deciding to grant parental leave to pregnant
schoolgirls and
soon- to-be dads.
The Education Ministry last week
announced that young girls who fell
pregnant during their studies would no
longer face automatic expulsion from
school.
Instead, they would be
given three months’ leave and allowed to resume their
studies shortly after
giving birth. Student nurses, who faced the same
sanction, would also be
allowed to pick up where they left off.
The move brings Zimbabwe in line
with other countries in the region,
including South Africa and Namibia,
which try to accommodate rather than
stigmatise teen moms.
Zimbabwe
goes one step further by giving boys who father children three
months’
leave, to encourage them to support the mothers.
However, the development
has not gone down well with conservative groups
such as Tsika Dzedu (Our
Culture), which conducts programmes in schools to
teach Zimbabweans about
their culture. “It is taboo to allow such
absurdity,” Muchineripi Marere,
the group’s head, railed. “It is
unmentionable in African culture to allow
girls to get pregnant, let alone
promote it.”
The government retorted
that it was a matter of common sense. “I think we
have been punishing our
children, who in most cases would have fallen
pregnant because of a lack of
knowledge of the hazards of what they are
doing,” Minister of Education
David Coltart said. “I know we have received a
bashing on this. But I think
we are just being realistic. Teenage pregnancy
happens and we can’t run away
from that situation.
“Expelling them is retrogressive as it promotes
illiteracy, something which
we, as a government, are totally
against.”
Intellectuals and parents of pregnant teenagers have applauded
the move.
“It never made sense that in Zimbabwe, the girl who fell
pregnant was
expelled while the boy who made her pregnant remained in school
,” Zimbabwe’s
Petina Gappah, author of the acclaimed short story collection
An Elegy for
Easterly, wrote on Facebook. “The government of Zimbabwe shows
that, where
it chooses , it can be progressive. More of the same
please!”
There are no statistics, but a headmaster at a girls’ school in
Harare said
they had up to two pregnancies a year out of 700 pupils. —
Sapa-DPA
http://www.swradioafrica.com
BY BEAULAH MASIYANISE
30
August, 2010
Movement for Democratic Change and Human Rights activists
expressed rage at
Robert Mugabe's call for amnesty to perpetrators of
politically motivated
crimes. Mugabe stated that the National Healing
programme was not going to
criminalise political violence perpetrators, in
which MDC-T is in total
disagreement with Mugabe's statement. This statement
comes with no surprise
as Mugabe and ZANU-PF where and still are behind all
the political violence.
Mugabe is giving ZANU-PF the green light to continue
brutalising MDC
supporters. Human Rights will be continuously violated. This
is indeed a
blanket cheque for continued ZANU-PF perpetrated
violence.
Mugabe's statement is a direct conflict with the wishes of the
people who
were brutalised and killed by militant sections of his party.
This means no
justice for the 30 000 Gukurahundi victims killed in the 1980s
genocide, but
victory for the perpetrators who are Mugabe, Emmerson
Mnangagwa, Constantine
Chiwenga, Perence Shiri and Phillip Sibanda.
No
justice for victims of the June 2008 violence and murders, but victory
for
Zanu-pf and its militia. There will be no justice for the ongoing
violence
against opposition party supporters, outreach programmes, human
rights
organisations, media, but victory for Mugabe and Zanu-pf. But Mr
President,
there is no reconciliation without transitional justice. There
must be no
sacred cows. Justice delayed is justice denied. But justice
denied is always
victory for Zanu-pf.
Zimbabwe's state controlled media, Zimbabwe
Broadcasting Cooperation is
sabotaging the national constitution-making
process after COPAC has failed
to flight advertisements on television after
ZBC allegedly charged
exorbitant fees. ZBC continues to air divisive Zanu-pf
jingles but is not
airing COPAC jingles to promote the process which is
supposed to be a
national process. ZBC and the state media are not doing
anything to raise
public awareness on the constitution.
COPAC's
commitment is to inform and enlighten Zimbabweans through airwaves
and
newspapers with information on the constitution-making process. This is
a
calculated move to keep the ordinary Zimbabwean in the dark and to give
way
to the ongoing Zanu-pf constitution related violence unleashed
nationwide,
many of whom have given in to Zanu-pf as they can no longer bear
the
brutality of being in opposition to Zanu-pf.
In Namibia, ZimRights hosted
an exhibition highlighting the violence
perpetrated by Mugabe and Zanu-pf.
The gory acts of violence meted out to
ordinary Zimbabweans during the 2008
elections was presented through
pictures and video. ZimRights decided to
stage the exhibition in Namibia
after failing to showcase it in Zimbabwe due
to police threats and the
exhibition being banned in May.
Mugabe and
Zanu-pf continue to maintain its iron grip on the country's
media. As a
result, the only voice heard across the land, on radio,
television,
exhibition and gatherings has to be pro Mugabe and Zanu-pf. If
you live in a
country where you can only hear the state radio or watch the
television
playing the same propaganda for the past eight years, its bound
to have
positive effect on Mugabe and Zanu-pf.
Top Zimbabwean government
officials being probed for corruption, mainly
Zanu-pf cabinet ministers have
brought the Anti-corruption Commissions
investigation to a halt by starving
it of funds and failing to appoint
commissioners. Not appointing new
commissioners violates the pact setting up
the government of National Unity.
New commissioners should have been
appointed and sworn in by now. The
operation has been crippled as no funds
have been channelled to the
secretariat in charge of investigations. Because
it has workloads of files
on mostly Zanu-pf ministers, senior bureaucrats
and those with Zanu-pf
connections, the top government Zanu-pf officials are
frustrating efforts to
have new commissioners appointed. The main role of
the commission has in
fact been to protect powerful and well connected wrong
doers while raising a
storm about petty offenders who should ordinarily and
routinely be dealt
with by the police. They are aware that the new
commissioners will include
people from the MDC who will not protect them in
anyway. Mugabe's band of
willing accomplices are benefiting enormously from
his time in power and
will stop at nothing to make sure it remains like
that, as any such
revelations will be the end of Zanu-Pf. If the electoral
roll is not cleaned
up and electoral reforms are not in place, Zanu-pf would
make sure that
Mugabe wins the next polls. There is not much for the MDC in
this Unity
Government but to fight for electoral reforms so that they put
Mugabe and
his ZANU-PF in its rightful place as the opposition party.
Click here to read The Legal Monitor from Zimbabwe Lawyers for Human Rights.
BILL WATCH
32/2010
[30th August 2010]
Update on Inclusive Government Disputed Issues
Stalemate
on Outstanding Issues
It is now
13 days since the SADC summit ended on 17th August and there has been no
movement on the three outstanding issues which the Summit recommended should be
settled within one month. On the 20th August at ZANU-PF’s Central Committee
meeting President Mugabe categorically stated that he will make no further
“concessions”, and will not implement the agreed formula for sharing provincial
governorships, until sanctions have been lifted. [“Concessions” seems a
misnomer when what is really at issue is action by President Mugabe to comply
with the GPA or resolve disputes mostly based on his unilateral actions
violating the terms and spirit of the GPA].
It is not
within the power of the other two parties to lift the sanctions and measures
imposed in the exercise of their sovereignty by the governments of foreign
states who are answerable to their own taxpayers and have made it plain that
sanctions will remain until they see democratic reforms implemented in
Zimbabwe. So, as MDC-T and MDC-M have already called for sanctions and measures
to be dropped and joined with ZANU-PF in re-engaging the international
community, it is difficult to see what more they can reasonably be expected to
do. By making action that is well within his power depend on something the
other parties cannot deliver – the lifting of sanctions – the President prolongs
the stalemate on the remaining outstanding issues to the frustration of most
Zimbabweans.
The 3
Outstanding Issues [the
Summit stated these have to be settled in month]
·
Governor of
Reserve Bank: The
MDC-T objects to the renewal of his contract made unilaterally in breach of the
Memorandum of Understanding signed by the parties and the spirit of the GPA. As
amendments to the Reserve Bank Act have since ruled out the Bank’s former
quasi-fiscal role, modified the Governor’s powers and resulted in a new Board,
there may be room for compromise on this issue.
·
The
Attorney-General’s appointment
remains a very important issue, as one of the reasons foreign
governments do not remove the limited sanctions is their perception that under
the incumbent Attorney-General prosecutions are politically biased – a
perception shared by many Zimbabweans. It is unlikely that this perception will
be affected by the pending Attorney-General’s Office Bill [not yet
available] aimed at taking the Attorney-General’s Office out of the public
service. [This shows how important it is that
the new Constitution should ensure that anyone appointed as Attorney-General is
independent of party politics. An alternative would be to end the situation in
which the Attorney-General doubles as chief prosecutor and chief Government
legal adviser with a seat in the Cabinet and provide instead for a separate
Director of Public Prosecutions who must be independent of party
politics.]
·
Swearing-in of Roy
Bennett. The excuse for the continued refusal to swear in Mr
Bennett as Deputy Minister of Agriculture, notwithstanding his acquittal,
appears to be the State’s attempt to keep the criminal case alive by appealing
against the acquittal. The refusal is inconsistent with the presumption of
innocence. [However, by sticking to principle instead of nominating
a replacement for Mr Bennett, even on a temporary basis, MDC-T has forfeited the
benefits that might have flowed from having a Deputy Minister able to monitor
the administration of the Ministry of Agriculture by the ZANU-PF Minister. It
is part of the GPA checks and balances that most Ministers are shadowed by a
Deputy Minister from one of the other GPA political parties.]
Provincial
Governors On 18th
August MDC-T Secretary-General Tendai Biti said at a press conference that
MDC-T expected early appointment of new provincial governors in accordance with
the formula already agreed. The two-year terms of office of the governors
appointed in August 2008 having expired, it remains to be seen whether they will
now be “unilaterally” reappointed to continue in office for the time being.
According to the GPA [Article 20.1.3(p)] the President should appoint
governors “in consultation” with the Prime Minister – and this means that the
Prime Minister has to agree. [By virtue
of section 115(1) of the Constitution, “in consultation with” in the GPA means
that the President must secure the agreement of the person consulted – but
this clause of the GPA has been frequently ignored.]
Issues Agreed on by Principals and in the Implementation
Matrix
Cabinet on 24th August approved the implementation matrix agreed to
by the three party principals, referred to in the Zuma report and endorsed by
the SADC Summit. The complete matrix, showing the 24 agreed issues, agreed
action, implementation mechanisms and time frame, will be sent out in the next
Bill Watch. Some of the most important issues are:
·
Re-gazetting of Constitution Amendment 19: process to be started immediately [see details
below]
·
Amendments to Electoral Act: legislation to he completed immediately
·
Land Audit Commission: Commission to be appointed within a month to carry out the land
audit [GPA, article 5]
·
Land Tenure Systems: systems emphasising lease-hold and security of tenure with
collateral value to be worked out with a month
·
National Economic Council: establishment to be expedited within a
month
·
Media Issues: New Zimbabwe Broadcasting Corporation board to be appointed,
Broadcasting Authority board to be regularised, and Media Trust to be
constituted, all within a month [but nothing about AIPPA- see
below]
·
Action on Human Rights and Corruption Commissions: regularisation of Human Rights Commission [by inclusion of one
more woman member as required by Constitution] and appointment of
Anti-Corruption Commission to be expedited, within a
month
Important
Issues Omitted from the Agreed Implementation
Matrix
These
issues were neither listed in the Zuma report as resolved by the principals nor
as outstanding issues, nor are they included in the implementation
matrix:
·
National
Security Council and JOC: While
the NSC has met more regularly this year after not having the statutory monthly
meetings in 2009, there are still the problems of: the continued separate
existence of the notorious Joint Operations Command [JOC] which it was believed
the NSC would replace; whether the security forces are really answering to one
party or to the inclusive government; the militarisation of so many state
institutions; and, the reported setting up of militia bases.
·
Delay in
legislative reform: GPA
Article 17 envisages as a priority new legislative measures to entrench
democratic values and practices. AIPPA and POSA remain unamended.
·
Unilateral
decisions by the President: e.g.
appointment of judges, ambassadors and governors, etc, when the GPA stipulates
that the Prime Minister’s agreement is required.
·
Escalating
violence: The
recent resurgence of violence and intimidation associated with the
constitution-making process and early preparations for the next elections do not
merit a mention.
19th Amendment to Constitution
President Zuma’s report to the SADC Summit recorded that the three
party principals had agreed that “the Minister of Justice should start processes
immediately to get Constitution Amendment 19 “as approved by Parliament” to be
gazetted and signed”. Constitution Amendment 19, gazetted as Act 1/2009,
was much shorter than the Bill approved by Parliament. [See Bill Watch
6/2009 of 24th February 2009.] This agreement does not envisage
Parliament being reconvened and asked to reconsider Amendment 19 – it merely
means that the full text of the Amendment will be gazetted to replace the
abridged version gazetted as Act 1/2009. The material to be restored by
re-gazetting Amendment 19 consists of the omitted Schedules 9, 10 and 11 and
related provisions:
·
Schedule 9, containing GPA Article 14, as a “guide” for the conduct of
traditional leaders and referring to the need for them to be non-partisan
·
Schedule 10, containing GPA Article 6, as a “guide” for the constitution-making
process, including the timetable which the Parliamentary Select Committee on the
new constitution has failed to follow
·
Schedule 11, the text of the whole GPA, “for the information of the public”.
Comment
Impact if Constitution Amendment 19 is
Re-Gazetted: While setting the record straight is commendable, the gazetting
now of the unabridged Constitution Amendment 19, i.e. with the missing
provisions included, is unlikely to have any practical legal impact, in the
sense of creating actionable legal rights or obligations,
because:
·
Schedule 11 is for information only.
·
Schedules 9 and 10 are merely “guides” – not the right word to
describe legally binding obligations enforceable by ordinary citizens. And not
one of the three schedules is stated to have legal effect.
The important Schedule 8 was in Constitution Amendment 19 as gazetted
in February 2009. It sets out Article 20 of the GPA [framework for the
inclusive government] and states that Article 20 modifies the Constitution for
the duration of the Inclusive Government.
Concern has been expressed that the constitution-making process may
be invalidated by gazetting the Schedule setting out its time-frame because the
suggested dates are already out by 10 months, thus invalidating the
constitution-making process for having missed its deadlines. But as this
schedule is merely a “guide” this is not so – although if it had been included
in Amendment 19 last year the time limits for each stage of the
constitution-making process might have been treated with more
respect.
Is the Status of the Originally Gazetted Amendment 19
Questionable?:
There is another question. If – as is implicit in the principals’
agreement to re-gazette – Amendment 19 as gazetted last year did not contain the
whole of the Bill “as approved by Parliament”, it will be possible to argue that
it has been null and void all along – because the Constitution provides that it
is the Bill approved by Parliament that must be gazetted as an Act. If it has
been null and void all along, this would mean that Schedule 8 [Article 20 of the
GPA] has not been a valid part of the Constitution and consequently that the
Constitution does not at the moment provide for an Inclusive Government, or for
a Prime Minister and Deputy Prime Ministers, or for special additional
Parliamentary seats for them and for four MDC-T and six MDC-M nominees.
The counter-argument would be that in reality all the substantive
parts of the Bill approved by Parliament were gazetted and that the missing
provisions are not significant. Given the serious consequences for the nation
of nullifying the originally gazetted Amendment 19, experienced constitutional
lawyers Veritas has consulted are of the opinion that counter-argument would be
likely to prevail if the matter ever came to court.
Note implementation Matrix to follow in next Bill
Watch
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied.
BILL WATCH
33/2010
[30th August 2010]
Implementation Matrix for 24 Agreed Inclusive Government
Issues
ISSUE |
AGREED
ACTION |
IMPLEMENTATION
MECHANISMS |
TIME
FRAME |
1.
SANCTIONS |
Immediate
Implementation of the Sanctions Removal Strategy |
1. Party Leaders,
Executive Party Organs and other lower levels of the three Political
Parties. 2. Cabinet
Re-Engagement Committee |
On a continuous
basis |
2. MEDIA ISSUES
|
1. Regularisation of
the BAZ Board. 2. Appointment of
new ZBC Board. 3. Constituting the
Media Trust |
1. Minister of
Media, Information and Publicity 2. Parliamentary
Standing Rules and Orders Committee. 3.
Principals |
Within a
month |
3. EXTERNAL RADIO
STATIONS |
To call upon foreign
governments hosting, funding and relaying pirate radio stations to stop
interference in the internal affairs of the Republic of Zimbabwe. |
1.
JOMIC 2. Cabinet
Re-engagement Committee |
Within a
month |
4. HATE SPEECH IN
THE MEDIA |
To direct the media
to support all agreed government programmes and put a stop to attacks against
ministers implementing such programmes |
1. Vice President
John Nkomo, on behalf of the leadership of government. 2. Minister of
Media, Information and Publicity. 3. Media
Council 4. JOMIC |
On a continuous
basis |
5. RULE OF LAW,
STATE SECURITY ORGANS AND INSTITUTIONS |
To ensure that the
Commissioner-General of Police, state security organs and Attorney-General
comply with Articles 11 and 13 of the GPA. |
1. Security
Ministers 2. National Security
Council 3. The
principals 4. Entire Leadership
of political parties |
On a continuous
basis |
6. REVIEW OF
MINISTERIAL ALLOCATIONS (i.e. CO-MINISTERING OF MINISTRY OF HOME
AFFAIRS) |
For the maintenance
of cohesion and progress, the status quo must be maintained, but continuously
monitored. |
Principals |
Periodic assessment
to be made |
7. LAND
AUDIT |
Appointment of an
inclusive and balanced Land Audit Commission. |
1. Minister of Lands
and Rural Resettlement 2. Cabinet Committee
on Resettlement and Development (CRD) 3.
Cabinet 4.
Principals |
Within a month’s
time |
8. LAND TENURE
SYSTEMS |
1. Emphasis to be
placed on a lease-hold system that guarantees security of tenure and collateral
value of land, without reversing the land reform
programme. 2. Need for
creativity in establishing a tenure system for the country, taking into account
the different circumstances of communal land, A1 land, A2 land and other land
tenure systems. |
1. Minister of Lands
and Rural Resettlement 2. Cabinet Committee
on Rural Resettlement (CRD) 3.
Cabinet |
Within two months’
time |
9. ELECTORAL
VACANCIES |
To extend Article
21.1 (provision not to contest each other) to cover the entire duration of the
inclusive government |
1.
JOMIC 2. Political
Parties 3.
Principals |
On a periodic
basis |
10. CABINET AND
COUNCIL OF MINISTERS’ RULES, GUIDELINES AND PROCEDURES |
Leadership of the
inclusive government endorsed Cabinet and Council of Ministers’ Rule, Guidelines
and Procedures as agreed by the negotiators. |
Cabinet office to
circularise the Rules, Guidelines and Procedures |
Immediately |
11. MINISTERIAL
MANDATES: (ASSIGNMENT OF ACTS) |
Chief Secretary to
the President and Cabinet and Secretary in the Prime Minister’s Office to meet
and submit report on the issue to the Leadership of the Inclusive
Government. |
Chief Secretary to
the President and Cabinet and Secretary in the Prime Minister’s
Office. |
Within a
month |
12. TRANSPORT
ARRANGEMENTS FOR PRINCIPALS |
Administrative
arrangements for the Prime Minister’s fleet to be rectified |
Office of the
President and Cabinet Department of
National Security |
Immediately |
13. SECURITY AIDES
FOR THE PRIME MINISTER AND DEPUTY PRIME MINISTERS |
To speed up the
process of vetting, training and engagement of security personnel for Prime
Minister and Deputy Prime Ministers. |
Minister of State
for National Security in the President’s Office |
Immediately |
14. PARALLEL
GOVERNMENT |
The allegation of a
“parallel government” to be continuously monitored and evaluated |
JOMIC |
Continuously |
15. EXTERNAL
INTERFERENCE |
To condemn in unison
any external interferences as and when they occur. |
1. Leadership of the
three Political Parties 2. Cabinet
Re-Engagement Committee |
Continuously |
16. NATIONAL
ECONOMIC COUNCIL (NEC) |
To expedite the
establishment of NEC |
1. Minister of
Economic Planning and Investment Promotion 2.
Cabinet 3. Leadership of
Government |
Within a
month |
17. CONSTITUTIONAL
COMMISSIONS |
Expedite the
regularization of Zimbabwe Human Rights Commission and appointment of Zimbabwe
Anti-Corruption Commission |
1. Minister of
Justice and Legal Affairs 2.
SROC 3.
Principals |
Immediately |
18. NATIONAL
HEROES |
Expedite adoption of
non-partisan and inclusive principles and framework designation of National
Heroes. |
1.Cabinet Committee
on Honours and Awards 2.Cabinet |
Within two
months |
19. ROLE AND
POSITION OF THE PERMANENT SECRETARY FOR MEDIA, INFORMATION AND PUBLICITY WHO IS
ALSO THE PRESIDENTIAL SPOKESPERSON |
Ensure that the
Permanent Secretary is apolitical |
1. Chairman of the
Public Service Commission and 2. Chief Secretary
to the President and Cabinet. |
Immediately |
20. CONSTITUTIONAL
AMENDMENT NO.19 |
The full text of
Constitutional Amendment No. 19 as approved by Parliament should be gazetted and
signed. |
Minister of Justice
and Legal Affairs |
Immediately |
21. INTERFERENCE
WITH THE RIGHT TO FREEDOM OF ASSOCIATION AND ASSEMBLY |
To reaffirm the
right to freely organize political activities. |
1.
Commissioner–General of ZRP 2. Co-Ministers of
Home Affairs. |
Immediately
|
22. ROLE AND FUNDING
OF NGOs |
Government should
determine priority areas for donor assistance. |
1. Cabinet Aid
Coordination Committee (CAC) |
Immediately
|
23. MDTF AND
SELECTIVE FUNDING OF MINISTRIES BY DONORS |
Government should
improve aid coordination and achieve budget support. |
1. Cabinet Committee
on Aid Coordination 2.
Cabinet |
Immediately
|
24. AMENDMENTS TO
THE ELECTORAL ACT |
Legislation to be
completed |
1. Minister of
Justice and Legal Affairs 2.
Cabinet 3.
Parliament |
Immediately
|
Comment
Some
“agreed actions” seem inconclusive; for example:
· Issue 11,
Ministerial Mandates [assignment of Acts]: the
agreed action is the preparation by the Chief Secretary to the President and
Cabinet and the Secretary in the Prime Minister’s Office within a month of a
report and its submission to the leadership of the Inclusive Government. This
merely puts off resolution of the issue for an indefinite period.
· Issue 4,
Hate Speech in the Media: the
agreed action avoids the real problem by calling for a directive to the media to
support all agreed government programmes and put a stop to attacks against
Ministers implementing such programmes. Criticising a government programme or
the work of a Minister is not an accepted definition of hate speech, so this
item avoids the problem of the use of hate speech which may incite violence, and
raises the question of whether this directive is aimed at curbing legitimate
criticism in the independent media.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied.