For the past two weeks,
I have been a subject of frenzied media coverage regarding my relationship
with Ms Lorcadia Karimatsenga.
Indeed as is normal, there was both a
positive and negative reaction to this development.
Regrettably, both
reactions were misplaced.
However, I feel that the people of Zimbabwe
deserve to know my position on this matter, which to a large extent has
damaged not only the reputations of the two of us involved in this
relationship, but equally so the public image of the Tsvangirai and
Karimatsenga families.
Indeed I had a relationship with Ms Locadia
Karimatsenga. At a certain stage, she claimed that she was pregnant and that
I had to be introduced to her family to own up and accept responsibility
according to our culture and tradition.
Following this development,
and like every cultured Zimbabwean, on Friday, 18 November 2011, I sent a
delegation to the Karimatsenga family homestead to perform traditional and
cultural rites.
But since the day I sent a delegation to the Karimatsenga
family, everything has been played in the press and I have become an
innocent bystander.
I have become a spectator and things are happening
too fast, on camera and without my knowledge. This has led me to conclude
that there is a greater and thicker plot around this issue which has
undermined my confidence in this relationship.
I was reported to have
been there in Christon bank when in fact I was in my office. Other
inferences were equally stated as fact when on the contrary these were false
representations.
There have been several developments since that day
which have been deliberately planted in the media and which I have had to
read in the press; developments that would have taken place without my
involvement and knowledge as an interested party.
The cultural rites
that took place received wide, well arranged publicity clearly giving rise
to a legitimate enquiry on the motive of this publicity, including the
choreographed media capture of Ms Karimatsenga while she was supposedly in
Buhera.
While I accept that as Prime Minister I live a public life, I
believe I reserve the right to define my relationship.
I have opened
up communication lines with the Karimatsenga family and they know my
position regarding this matter. I do not wish to publicise the nature and
extent of my communication to them.
Ms Karimatsenga is also aware of
my position on this matter.
Added to this, there is now an underhand and
active political hand that is now driving the processes and this has
resulted in everything regarding this relationship now taking place in
camera, with the public media journalists in tow.
Everything is so
well choreographed. The intention is clear: to inflict maximum damage on my
person and character for political gain. This has caused me to have serious
misgivings as to whether this will be a perfect union that will inspire
young couples and reflect marriage as the noble and respectable institution
that it is. I am committed to serve my country with honour and distinction
not only as a national leader, but as a respected family man who owned up to
his responsibility by following cultural and traditional
procedures.
There are many things I have learnt in the process and one is
that with the benefit of hindsight, I could have done things
differently. In this regard, I apologize to every single Zimbabwean for any
discomfort caused by any of my actions.
Having been happily married
for 31 years, I also realized that sometimes when you are searching for a
partner especially after losing your wife whom you so dearly loved, there
are many stakeholders in the process some of whom have their own ulterior
intentions and agendas.
I want to admit that the last two weeks have been
particularly bad for me, my children, my family and even ordinary
Zimbabweans who have sought to find meaning to this sordid
saga.
Reputations have been bruised and mutual trust upon which such
relations are built and maintained has been lost.
Marriage is a
serious proposition arising out of mutual trust, intimacy and respect. When
these values are undermined, that relationship is irretrievably doomed from
the start.
My genuine intention has been betrayed and hearts have had to
search long and hard to the true meaning of this well-choreographed drama
that has now been hijacked to cause political damage on my person and
character.
As has been evidently demonstrated by these past
well-ochestrated events, it would be inconceivable that a normal marriage
relationship can be consummated.
However, I want to assure the people
of Zimbabwe that this dark patch in my private life will not dampen my
commitment to serve my country and to deliver real change to the
people.
I remain unfazed by this sad chapter which will not in any way
deter me from my national responsibility to serve Zimbabwe.
I will
not expose the people’s struggle for democratic change to machinations of
infiltration.
Harare, November
30, 2011-The Supreme Court has ordered President Robert Mugabe to be cited
as a party to proceedings in the high court and defend himself in an
application in which former Attorney General (AG) Sobuza Gula-Ndebele is
challenging his dismissal from his post.
Deputy Chief Justice Luke
Malaba, who heard an appeal filed by Gula-Ndebele’s lawyer Advocate Happious
Zhou, Tuesday ruled that Mugabe should be joined as a party to the High
Court proceedings in the application in which Gula-Ndebele wants the court
to set aside the recommendations of a tribunal set up by the Zanu-PF leader
and chaired by Justice Chinembiri Bhunu which led to his
dismissal.
The former AG took legal action against Bhunu by asking
the High Court to set aside the Judge’s tribunal’s recommendation on the
grounds of gross unreasonableness.
But the then Judge President
Justice Rita Makarau dismissed Gula-Ndebele’s application on procedural
grounds, ruling that the former AG should have cited President Mugabe as a
defendant.
Makarau did not rule on the merits of the complaint
against Bhunu’s tribunal. This prompted Gula-Ndebele to request the Supreme
Court to overrule Justice Makarau’s decision and send his case back to the
High Court for a hearing on the merits of his original
application.
Although Gula-Ndebele’s lawyers wanted the matter to be
remitted to the high court and be heard by a different judge of the high
court, Justice Malaba ruled that Justice Makarau should preside over the
former AG’s application and hear the merits of the application after the
joinder of Mugabe to the main application.
“Accordingly the
appeal is allowed…..The matter is remitted to the same Judge who heard the
matter before. Of course we are aware that the Judge (Makarau) is now a
Judge of Appeal. But there is nothing to prevent her from going and complete
the case,” reads part of Justice Malaba’s ruling.
Gula-Ndebele was
suspended by Mugabe from his post in May 2008 for allegedly abusing his
office after he allegedly met a fugitive former bank executive, James
Mushore.
Mushore, a former deputy managing director at National
Merchant Bank (NMB), fled to Britain in 2004 at the height of the country’s
banking crisis that saw several finance houses shut down by the Reserve Bank
of Zimbabwe.
Mushore was later arrested upon his return to
Zimbabwe.
Mugabe then appointed Johannes Tomana, a sworn Zanu-PF
apologist to take over from Gula-Ndebele.
Newly uncovered documents reveal that Zimbabwe’s £210
million debt to the UK includes loans from Tony Blair’s government to police
force while they were engaged in internal repression.
by Staff
Reporter
Campaigners are
calling for an audit of the country’s $7 billion debt to find out exactly who
benefitted from past loans.
Britain lent the
ZRP money in the 1990s to buy 1,500 Land Rovers, backed by UK Export Finance.
The evidence appears in a new report published by Jubilee Debt Campaign, the
Zimbabwe Europe Network and Eurodad.
The report reveals
the origin of much of Zimbabwe’s $7 billion debt. At least $750 million of debt
comes directly from structural adjustment loans from the IMF, World Bank and
African Development Bank.
“Debt has played a
key role in the tragedies suffered by many in Zimbabwe over the past 20 years.
Dodgy projects, debt repayments and failed economic policies contributed to
economic decline. Lenders should help increase transparency and democracy by
coming clean on the debts come from,” says the report’s author, Tim
Jones.
The debt includes:
Loans from the
World Bank for tree plantations to create fuel supplies. However, the World Bank
failed to realise there was already plenty of wood available, and there was no
economic return on the plantations.
Loans from the
Spanish government for Spanish military aircraft.
Loans tied to
buying exports from British companies.
Zimbabwe is
currently in default of many of its loans and is trying to enter the debt relief
process for poor countries run by the IMF and World Bank. The report argues this
would trap Zimbabwe in further cycles of debt while keeping the questionable
details of previous loans out of the public
eye.
Local Government Minister Ignatius Chombo is being accused
of instigating political violence by declaring that ‘no ZANU PF supporter
will ever spend three hours in police cells for beating up MDC
activists.’
Chombo missed the 2012 budget presentation by Finance
Minister Tendai Biti on Thursday last week to be in Chiduku, Makoni South
where he delivered the speech that has been accused of stirring up hate and
incitement. The constituency is held by the MDC-T’s Pishai
Muchauraya.
The ZANU PF legislator was in the area to try and mediate a
boundary dispute between chiefs Makoni and Chiduku. Chief Levi Chiduku is a
ZANU PF Senator, while Chief Makoni is also closely linked to the party. The
dispute between the two erupted when Chiduku tried to control an area under
Headman Nyanombe, whose territory falls under chief Makoni.
‘There
were at least 120 people at this meeting and most of them were village heads
and headmen. Instead of sticking to the issue at hand, that of resolving the
boundary dispute, Chombo deviated from the subject and started accusing
Chief Makoni of being a puppet of the MDC.
‘He told the gathering they
had to support Robert Mugabe and ZANU PF in the next election or they would
face dire consequences for voting Tsvangirai,’ our source said.
What
shocked many was his blatant disregard of the peace initiative forged by
parties in the Global Political Agreement recently to try to bring an end to
the wave of political violence that has rocked the country this year.
At
a peace indaba attended by senior party members from ZANU PF and the two MDC
formations, Morgan Tsvangirai, Robert Mugabe and Welshman Ncube called for
zero tolerance of political violence. But instead of taking heed of that
call, Chombo preached violence.
‘He said if anyone is ZANU PF, they
shouldn’t be afraid to defend their territory because they will never sleep
or spend three hours in police cells. Chombo added that ZANU PF controls the
police and they tell them who to arrest and keep because they never say no
to their instructions,’ the source said.
The legislator for the area,
Muchauraya, said Chombo went as far as instructing the chiefs and headmen
not to sanction any MDC-T activities in the constituency.
‘He was
bragging about his powers and what ZANU PF can do. He spent his time there
engaged in utterances likely to reignite violence. It’s exactly the opposite
of what the political leaders are calling for to embrace unity and
reconciliation.
‘Power hungry politicians like Chombo should learn to
conduct their political speeches in a peaceful atmosphere at all times. The
country cannot gain anything meaningful from political violence. Spilling of
innocent blood because of politics will not lead us anywhere,’ the MP
said.
Muchauraya added that political violence has not brought any good
to Zimbabwe, but it has brought instability, bloodshed and
retrogression.
‘Violence is a criminal offence and merchants of hate and
violence like Chombo should be stopped so that we can see the sweet side of
politics and government in Zimbabwe. It is when we check this criminality in
our politics that we can experience political stability and progress,’
Muchauraya added.
Bags of maize seed with a portrait of
Robert Mugabe are being distributed to members of his party around the
country, and questions are being raised as to how Mugabe is funding this and
why Zimbabweans from other parties are being denied the free hand
outs.
SW Radio Africa received a report from the MP for Magwegwe, Felix
Magalela Sibanda, who said he travelled to Mashonaland North and East,
Matabeleland North and South and the Midlands, monitoring distribution of
the maize seed and found that ZANU PF was using its structures and
traditional leaders to invite party members only.
“The maize is being
given to bonafide ZANU PF members on the pretext that it has been donated by
the President Robert Mugabe. I discovered that even the packaging has an
emblem of a very decorated picture of Mugabe,” MP Sibanda said.
He
explained that people were waiting up to 17 hours for the maize seed and
receiving a 10kg bag that is divided between four people. This means each
person gets 2.5kg of maize seed.
Sibanda said Mugabe, as the
country’s leader, is a national figure and he should be distributing free
maize seeds to everyone. Also, how is this being funded.
“No-one has
ever audited the fiscus contribution to the President’s office and the CIO.
So people are now saying that unaudited funds are being abused by ZANU PF to
buy seeds. This is unconstitutional and the President belongs to everybody,
not just one party,” Sibanda said.
The MP said he would ask the Minister
of Agriculture to explain the distribution of seeds around the country to
the full parliament, including details of how the programme is being funded.
Harare, November 30,
2011 – President Robert Mugabe’s Zanu-PF party is rushing contractors to
finish the re-building of the statue of the late national liberation hero,
Joshua Nkomo in-order to unveil the statue at the party conference in
Bulawayo next week, sources have said.
Apart from unveiling the statue
Zanu-PF also wants the official renaming of a street to Joshua Nkomo as well
as the airport to be done on the sidelines of their conference set for
December 6-10, sources said.
Nkomo whose praise name is “Father Zimbabwe”
died in July 1999 after merging his party, the Zimbabwe African People’s
Union (ZAPU) with Mugabe’s Zimbabwe African National Union (ZAPU) to form
Zanu-PF in 1987.
However, some senior ZAPU cadres who include Dumiso
Dabengwa have since revived the party and are pushing for the return of the
party’s properties from Zanu-PF.
The statue which was initially built
was put down after the Nkomo family rejected it saying it was small and that
they were not consulted by the government when the first statue was
constructed.
“The plan is to have all senior officials in all the
country’s political parties including diplomats and government officials
attend the event as Zanu-PF is hosting its conference in Bulawayo,” a source
said.
“The contractors have told the Zanu-PF officials that it will be
impossible to finish their work on the statue by the time the conference
starts.”
The Nkomo family are said to have refused another statue of the
veteran leader to be built at the Karigamombe building in Harare.
A number of Zimbabwean residents travelling
on foreign passports but have Zimbabwe drivers licences and ID’s have been
arrested here recently. 30.11.1102:29pm by Staff Reporter
A
reader reports that residents arriving in the country, having cleared
Customs and Immigration proceed to the ZRP office to clear their vehicles.
They are asked to produce their travel documents, ID and drivers license.
Those who have a foreign passport are told they are under arrest and will
appear in court the following day. On asking which Chapter of the
Codification Act is being violated, the police officers request a hefty
bribe, and then let the people go.
The reader investigated these
allegations and was informed by CID headquarters that there is no such
law.
In the national interest The Zimbabwean is assisting with an
investigation and we urge any readers who might have experienced a similar
scam to contact us with details, including the day and time you came through
the border, whether it was uniformed or plain-clothed police that harassed
you, and the full amount paid in bribes.
With school holidays
starting next week, many people will be travelling and we hope to expose the
perpetrators before it gets completely out of hand. - All information will
be kept confidential. Pse sms 0027 795709663, or email: editor@thezimbabwean.co.uk
Bulawayo, November 30,
2011- British Ambassador to Zimbabwe, Deborah Bronnert, has urged the
Zimbabwe government and the Broadcasting Authority of Zimbabwe (BAZ) to
support media plurality by also granting Radio VOP and Kiss FM licences to
operate radio stations.
Addressing a press conference held at Mimosa
House in Bulawayo Tuesday, saying Britain felt that all applicants to
operate independent commercial radio stations should have been granted
licences by BAZ to promote democracy in the country.
BAZ has come
under heavy criticism for denying Kiss FM and Radio VOP licences to
broadcast in Zimbabwe.
The licencing authority only granted AB
Communications and Zimpapers the go ahead to broadcast; raising eyebrows
over whether the two will be able to operate independently since the former
is linked to Zanu-PF while at the government has a majority stake in the
latter.
“Certainly we support plurality in the media and that journalists
should be able to report independently.
"To allow democratic debate
and democracy to flourish, people should be able to hear disagreements. It
is important for Zimbabwe as in the UK and any other country and it is part
of Global Political Agreement (GPA)to have media plurality and that there
would be diversity of view.
“We feel that all those that applied for
licences should have been granted the operating licenses as we support media
plurality.” Bronnert said in her response to the denial of operating
licences to Radio VOP and Kiss FM.
“What we would like is to see the full
implementation of the GPA in an appropriate way that allows and gives
different voices not only in the print media but also in the broadcast media
and that of course is something that the Zimbabwe government agreed to it
themselves.”.
Media organisations like the Media Institute of Southern
Africa (MISA-Zimbabwe ) has also condemned the denial of operating licences
to Radio VOP and Kiss FM, saying it goes against government’s calls for
media professionals outside the country to come back home.
“The
licensing of the two applicants also brings into question the sincerity of
the government’s calls for Zimbabwean journalists manning foreign-based
stations to return home and legalise their operations,” said Misa-Zimbabwe
in a statement to the media.
The MDC formations have also demanded
the reconstitution of BAZ, which is headed by Tafataona Mahoso, who is seen
as a Zanu-PF apologist and media hang-man.
By Tendai Kamhungira, Court Writer Wednesday, 30
November 2011 11:10
HARARE - Three women suspected of “raping” men
along the country’s highways yesterday pleaded with the court for protection
saying they now fear being attacked by mobs baying for their
blood.
The three women, Sophie Tendai Ngwenya, 26, Netsai Monica
Nhokwara, 24 and Rosemary Chakwizira, 28, are facing aggravated indecent
assault charges.
They are jointly charged with another 24-year-old man,
Thulani Ngwenya.
The three women appeared in court yesterday elegantly
dressed, with friends and relatives in support.
“Their lives are
threatened and any public appearance that they make is an opportunity for
those that may be threatening them to pounce and heaven knows what may
happen,” said Mthombeni.
The court dismissed an application by Mthombeni
to have the matter tried within the next two weeks.
Magistrate
Kudakwashe Jarabini ruled that the state was still within a reasonable time
to bring the four to trial, despite Mthombeni’s submissions that the case
was of a high profile nature and national interest hence the need to
prioritise it.
The matter was postponed to January 26 next year for
trial.
Mthombeni, also applied to the court to order the release of
Netsai’s vehicle which was impounded by police.
Ruling on the
application was postponed to today after the court ordered the state to
probe the circumstances leading to the impounding of the
vehicle.
Mthombeni said his clients would need the vehicle to travel to
the police station and avoid using public transport since their lives are in
danger.
Recently, Chakwizira and Sophie were reportedly assaulted by
members of the public, while they were at a bus terminus in
Gweru.
They were left scampering for safety, before jumping into a taxi
and sought refuge at a police station.
The four are out on a $300
bail each, which was granted by Harare magistrate Munamato Mutevedzi on
October 27.
They were ordered to surrender their passports and to report
to the police every Monday and Friday at Gweru Central Police Station, as
part of their bail conditions.
The women are suspected to be part of
a syndicate of women “rapists” who have gone on a rampage along the
country’s major highways, “raping” men at gunpoint.
In the court
papers, it emerged 17 men including a soldier and policeman have so far
stepped forward to claim that they were “raped” by the women.
The women
allegedly “raped” men aged between 19 and 35.
According to state papers,
on various occasions the women would use different tricks to lure men before
spraying them with unknown chemicals.
They would take advantage whenever
a victim would have passed out and drive them to secluded places, where they
would force them to drink some concoctions which were used to stimulate
sexual desire, it was claimed in court.
The court was told that the
women would take turns to have sexual intercourse with their victims before
leaving them lying unconscious.
Deputy
Mayor Emmanuel Chiroto said Harare City Council does not have the powers to
fire or hire anyone as such powers are still vested in ZANU-PF through Local
Government Minister Ignatius Chombo
Jonga Kandemiiri |
Washington
Harare Deputy Mayor Emmanuel Chiroto said it was not
true, as some have charged, that his City Council fired 20 of 120 National
Youth Service workers who were ZANU-PF sympathisers to replace them with
Movement for Democratic Change activists.
The 20 fired workers,
working as municipal police, have written to ZANU-PF Secretary for
Administration Didymus Mutasa over the issue.
Mutasa confirmed the
receipt of the letter to VOA and said he had tried to reach Harare Mayor
Muchadeyi Masunda to discuss the issue, but without success.
But
Chiroto told VOA reporter Jonga Kandemiiri the Harare City Council does not
have the powers to fire or hire anyone as these powers are still vested in
ZANU-PF through Local Government Minister Ignatius Chombo.
A study by the Center for Global Health at the University of
Ottawa, Canada, found Zimbabwe suffering among the worst economic losses
from the emigration of physicians
Tatenda Gumbo |
Washington
Among African countries, Zimbabwe is one of the
leaders in the emigration of physicians, incurring the loss of many millions
of dollars spent training such professionals.
A study by the Center
for Global Health at the University of Ottawa, Canada, found Zimbabwe
suffering among the worst economic losses from the emigration of physicians.
Meanwhile, Western countries such as Britain and the United States were
beneficiaries of the emigration of such medical professionals, to the tune
of 3.5 billion dollars.
Experts say such migration has heavily affected
economic and health systems in countries such as Zimbabwe which are battling
pandemics of HIV/AIDS and malaria.
The emigration phenomenon is
estimated to cost Zimbabwe nearly US$40 million dollars a year, taking into
account what it costs to train a physician. The Harare government is said to
be providing subsidies of $6,000 to $10,000 per physician in
training.
In the region, South Africa is the other country suffering
heavy losses of doctors who are trained at an average cost of U$59,000.
Other countries studied included Ethiopia, Kenya, Malawi, Nigeria, South
Africa, Tanzania, Uganda and Zambia.
Dr. Douglas Gwatidzo, chairman
of the Zimbabwe Doctors for Human Rights, cited figures showing that since
the 1980s Zimbabwe has trained nearly 12,000 clinicians, but currently has
only 1,500 registered to practice in the country.
He told VOA
reporter Tatenda Gumbo that it is expected to see trained doctors migrate
abroad where there is greater economic stability and richer rewards.
More than 1,000 people, under the Katswe
Sisterhood banner, on Friday November 25 staged a march under the theme
‘Code Red Against Rape’ in commemoration of the 16 days of activism against
gender-based violence. 29.11.1101:20pm by Crisis in Zimbabwe
Coalition
The march started at Town House and ended at the Harare
Gardens main stage. It was aimed at enlightening citizens about the evils of
rape and encouraging rape victims to report to responsible
authorities.
Grace Chirenje, the Vice Chairperson of the Crisis in
Zimbabwe Coalition, said: “It is now time to stand up against perpetrators
of this unspeakable evil act which is disgusting, sickening, sad and
enraging”.
Chirenje attributed worsening child abuse to family tensions
caused by the economic meltdown.
Theresa Matsvayi, the Information
and Communication Officer of Katswe Sisterhood, said: “The march is a
stepping stone towards the fight against evils of rape which are increasing
in the country without being thoroughly looked at. Most of the victims are
women and children who do not report when victimized, as there is a belief
that it is a private or personal matter. They also fear reprisal from the
assailant.”
The fresh bail hearing for Solomon Madzore was today postponed again
to tomorrow after the State prosecutor; Edmore Nyazamba said he wanted more
time to go through submissions made by the defence counsel today in order to
file a response.
Madzore is part of 28 MDC activists who are facing
trumped-up charges of murdering a police officer in Glen View in
May.
His lawyer, Gift Mtisi had made submissions on why Madzore should be
granted bail due to several changed circumstances. The new circumstances are
that police investigations have been concluded and a trial date set, there
was no fear that Madzore would interfere with State witnesses and that he
had been re-admitted at the University of Zimbabwe to complete his
studies.
There was an affidavit filed by the MDC Information and
Publicity Secretary, Hon. Douglas Mwonzora stating that Madzore had never
been on the run and another affidavit from a doctor confirming that Madzore
was never at the scene of crime but had accompanied his wife to the doctor’s
surgery on the day in question.
The defence lawyer had also furnished
the High Court judge, Justice Maria Zimba Dube and the State with video
evidence showing Madzore attending several MDC events across the country
despite the State claiming that he was on the run.
In his
submissions, the defence lawyer said Madzore was prepared for stiff bail
conditions which among other issues was to be placed under house arrest for
24 hours a day and his elder brother, MDC Harare province chairperson, Hon.
Paul Madzore agreeing to a US$5 000 as surety.
The people’s struggle for
real change: Let’s finish it!!
By Tendai Kamhungira, Court
Writer Wednesday, 30 November 2011 15:32
HARARE - Harare regional
magistrate Esthere Chivasa has barred Temba Mliswa’s former lawyer Gerald
Mlotshwa from testifying in a case in which the businessman and farmer is
facing contempt of court and stock theft charges.
Magistrate Chivasa said
Mlotshwa “was not professionally competent to testify”.
“In his
application, the accused has managed to prove that Mlotshwa was his legal
practitioner of choice during the time the alleged offence was committed,”
said Chivasa while delivering her ruling.
Commenting on an affidavit that
was presented by Mlotshwa as part of the state’s opposing papers to the
application, Chivasa said: “One can safely conclude that he (Mlotshwa) is an
interested witness.”
She also said the application was not properly
lodged before the court as the state had “smuggled
evidence”.
Mliswa’s lawyer Charles Chinyama had made the application
barring Mlotshwa from testifying in the case, basing his argument on a claim
of Legal Privilege in terms of Section 294 of the Criminal Procedure and
Evidence Act.
Legal Privilege ensures protection of all
communications between a professional legal adviser and his or her clients
from being disclosed without the permission of the client.
The
privilege is that of the client and not of the lawyer.
Prosecutor Obi
Mabahwana immediately applied for leave to appeal against the ruling which
the court said was not in a position to give a determination on.
“If
the trial does not proceed on the next remand date, the court will consider
removing the accused from remand,” said Chivasa postponing the matter to
January 9, next year.
Allegations are that contention arose when Rydings
Farm was gazetted to the chairman of Board of Governors of Rydings Primary
School, Mlotshwa under the land redistribution programme.
Authorities
from the school applied to the High Court to avoid interference in the
school’s activities.
According to state papers, the High Court granted an
order in October 2007 barring committee members from the school which is in
Karoi from interfering with the administration, assets and programmes at the
school.
The school experienced financial problems during the same year
and Mlotshwa offered to assist by purchasing some of the cattle belonging to
the school.
Mlotshwa allegedly wrote a letter to the school authorities,
giving authority to Mliswa to drive the cattle from the school to his Spring
Farm.
School authorities later ordered a stop in the selling of the
cattle, as they were undervalued, thereby prejudicing the
school.
According to state papers, the collection of the cattle by Mliswa
was unlawful and he disregarded a High Court order in so doing.
Three Movement for Democratic Change members facing
murder charges will learn of their fate next month. 30.11.1101:36pm by
ZLHR Legal Monitor
Givemore Hodzi and two Banket councillors Emmanuel
Chinanzvavana and Fani Tembo, who were themselves victims of abduction and
torture by State security agents in 2008, have been on remand for almost two
years after they were accused of murdering Lancelot Zvirongwe. Zvirongwe was
a Zanu (PF) special interests councillor in Banket.
They deny the
charges. Magistrate Gwitima was supposed to rule on the application for
refusal of further remand last week but failed to do so because he was
unavailable “due to an emergency”.
He is now expected to rule on the
application on December 5, according to Tawanda Zhuwarara of Zimbabwe
Lawyers for Human Rights.
The State alleges that the councillors and
Hodzi kidnapped Zvirongwe between Banket and Chinhoyi and dragged him to an
area in Banket where they killed him with an unknown weapon and dumped his
body into Kingston Dam two years ago.
Prosecutors claim that the
deceased sent mobile text messages to Zimbabwe Broadcasting Corporation
radio presenter Richmond Siyakurima, Assistant Inspector Chidakwa and to an
unnamed District Administrator fingering the MDC officials for kidnapping
him.
Chinanzvavana and Tembo said they were attending a Save the Children
activity at Kuwadzana Hall in Banket at the time that the deceased was
allegedly abducted while Hodzi said he was not in Banket.
They argue
that their names are only mentioned in text messages, which are vague and
contradictory in tense, meaning and sense.
Admission fees charged by hospitals and
clinics are preventing poor rural HIV/Aids patients from receiving free
anti-retroviral treatment that can save their lives, according to a global
medical charity.
The respected Médecins Sans Frontières (MSF), who
provide humanitarian health aid worldwide, said this week they are providing
free anti-retroviral treatment to more than 35,000 patients
aroundZimbabwe.
The group’s head of mission in Zimbabwe, Mari Carmen
Vinoles, told journalists inBulawayoon Monday that most patients in the
rural areas cannot afford the hospital admission fees and miss out on the
free treatment.
According to the Daily News newspaper, Vinoles said:
“Some hospitals are charging as much as US$30 and most people, especially
those in rural areas, cannot afford these fees and wind up losing out on
life saving treatment.
MSF said they are calling on the government to
help facilitate removal of these hospital admission fees, so that all who
need free ARV treatment can be assisted, especially pregnant mothers who may
infect their unborn child.
The group has HIV/AIDS programmes operating in
health clinics inBulawayo, Beitbridge, Epworth, Gweru, Tsholotsho and
Buhera. But transportation costs also make it difficult for those in remote
rural areas to access treatment. Only 55 per cent of the nearly 600,000
people in urgent need of life-prolonging ARV treatment are receiving
it.
Meanwhile, Zimbabwean musicians Oliver Mtukudzi and Chiwoniso
Maraire, on Tuesday launched an anti-HIV campaign, CD and a book by MSF. The
project, “Positive Generation: Voices for an HIV-free future” is intended to
bring global attention to the reality of HIV/Aids in Sub-Saharan
Africa.
Musicians Tuku and Chi were joined by Aids support choir groups
from Tsholotsho and Bulawayo during the launch. Tuku also had backing from
Spanish musician Alejandro Sanz, Dominican Republic musician Juan Luis
Guerra and Carlos Vives from Colombia.
A US-based animal protection group said Wednesday it is
collecting money for a new initiative to equip rangers in South Africa and
Zimbabwe with crime scene kits to better hunt rhinoceros
poachers.
The program was announced just weeks after rhino poaching in
South Africa hit a record high for the year, and follows more troubling news
that several world species of rhino have been poached into extinction or
close to it.
The rare, lumbering creatures are increasingly targeted to
supply organized crime syndicates selling rhino horn for use in Asian
medicinal treatments, especially in Vietnam, where it is believed to cure
cancer.
The initiative aims to cut back on rhino deaths by boosting the
investigative prowess of those who try to stop the sophisticated poachers,
who often use helicopters, night vision equipment and high-powered
rifles.
Fewer than five percent of poachers are ever convicted, according
to the International Rhino Foundation, which is launching the new program
called "Operation Stop Poaching Now."
The effort targets 11 "highly
threatened rhino habitats in South Africa and Zimbabwe," the foundation said
in a statement.
Funds donated to the campaign "will go toward providing
rangers with training in investigative techniques, intelligence gathering,
evidence collection, communications, and rhino identification and
monitoring," it said.
Rangers will also get crime-scene kits that
contain a camera, metal detector, GPS, finger-printing materials and
sealable evidence bags.
"It's an unbelievably difficult and dangerous
job," said Susie Ellis, executive director of the International Rhino
Foundation.
"But there are thousands of dedicated, passionate rangers in
South Africa, Zimbabwe and other range countries trying to stand in between
the rhinos and the poachers."
The World Wildlife Fund said earlier
this month that rhino poaching in South Africa had hit a new record high
last year, with 341 of the animals lost to poachers.
WWF also
confirmed that rhinos have gone extinct in Vietnam, with the country's last
Javan rhino found shot with its horn removed.
Separately, the
International Union for the Conservation of Nature, which compiled the Red
List of Threatened Species, said earlier this month that a subspecies of the
western black rhino native to western Africa is now extinct.
Central
Africa's northern white rhino was also listed as "possibly extinct in the
wild."
Booming demand has driven the price to half a million dollars per
horn, according to the Convention on International Trade in Endangered
Species.
The low conviction rate for poachers means "they are literally
getting away with murder," Ellis said.
Motion Mugonji, 25, the MDC vice
chairperson for the Magaba Mupedzanhamo branch in Mbare, Harare was last night
assaulted by 10 Zanu PF thugs at Fourth Street bus terminus in central
Harare.
The bus terminus is next to Zanu PF Harare province
offices.
Mugonji who sustained jaw and head injuries was assaulted with
wooden planks and booted feet. He was only saved by a soldier who stopped the
menacing youths. A report was made at First street police post and a docket,
RRB 1169041, was opened. No arrests have been made as the police officers
manning the post said they had challenges in arresting Zanu PF youths operating
from several bus stops in central Harare. The police officers described the Zanu
PF thugs as “impossible and troublesome”.
The incident took place at
around 8pm.
The people’s struggle for real change: Let’s finish
it!!
Given the severe political, as well as economic, constraints
within which he is forced to operate, Tendai Biti, Zimbabwe’s finance
minister (pictured), did well to present a workmanlike, balanced 2012 budget
to parliament last week.
Trying to secure consensus in a coalition
administration in continuous electioneering mode is a near-impossible task,
especially when it comes to the murky area of revenues from the country’s
controversial Marange diamond fields.
Despite this Biti, who in July
warned of a $700m budget deficit (equal to 8 per cent of GDP) largely due to
public sector wage awards of $400m, managed to balance the budget, thanks to
$250m in extra revenues and $300m in spending cuts, mostly on the capital
account.
Unfortunately, as the minister himself admits, Zimbabwe’s fiscal
situation is unsustainable. Next year, even with a diamond revenue windfall
of $600m, the government will spend 58 per cent of the budget or a fifth of
GDP on public service wages, including pensions. In an economy
optimistically projected to grow by 9.4 per cent, much the same as this
year, public spending will increase by a whopping 35 per cent – ie, four
times faster than GDP. The budget estimates public spending at $4bn in 2012
– 34 per cent of GDP – but factor in a more realistic GDP growth rate as
well as over $700m in fresh debt-service arrears and public spending rises
alarmingly to half of GDP.
Between them political paralysis, resource
nationalism and the resource curse have combined to undermine fiscal common
sense. Biti is powerless to implement tough austerity measures needed to
right the ship: slimming down the bloated 235,000-strong public service
payroll, negotiating a desperately-needed debt-forgiveness package with
creditors (Zimbabwe’s foreign debt arrears now stand at $6.5bn or
three-quarters of GDP), restructuring the public sector and privatizing or
closing parastatals.
Resource nationalism – the “indigenization” of
foreign-owned firms in the form of 51 per cent local ownership, starting
with the mining sector – is grist to the mill of those in
politically-powerful positions who argue that Zimbabwe is a rich country
that does not need austerity and fiscal rectitude. This overlaps with the
resource curse – why should Zimbabwe cut spending or retrench civil servants
when diamond earnings are officially estimated at $2bn annually?
The
natural resource curse is evident in the assessments by politicians, not to
mention stockbrokers and emerging market “analysts,” of Zimbabwe’s mineral
wealth – especially diamonds, platinum and gold. In their eyes Zimbabwe is a
resource-rich country that does not need wrenching economic reforms; nor
does it need debt relief or wage and public spending restraint.
Working
at the fiscal coal face, Biti knows differently. That is why in the budget
he sensibly earmarked the bulk of the 2012 diamond revenue for capital
investment projects. He too, in resource nationalism mode, insists the
mining sector must increase substantially its contribution to the
exchequer.
To that end he has doubled the mining royalty on platinum
to 10 per cent and increased that on gold to 7 per cent from 4.5 per cent,
while giving notice of longer-term plans to revise the tax code by reducing
mining investment allowances and other tax breaks.
In so doing he,
along with some others in the Movement for Democratic Change, is putting
economic pragmatism ahead of the “asset ownership is everything” stance of
Robert Mugabe, Zimbabwe’s president, who spearheads his Zanu-PF party’s 51
per cent local ownership approach to resource nationalism.
Biti and
the MDC have history on their side. Land indigenization – the takeover of
white farms after 2000 – cost rather than won the Mugabe party votes. There
is no reason to expect the takeover of mines, banks or commercial firms to
reverse Zanu-PF’s slide towards political oblivion.
Biti’s problems
extend beyond the budget and politics. Although exports have grown 150 per
cent since he took office in February 2009, the country’s
balance-of-payments situation is as unsustainable as its fiscal
one.
His imposition of a 25 per cent surcharge on a wide range of
imported consumer goods is unlikely to make a serious dent in the country’s
$2bn trade deficit. But as a member of the informal dollar monetary union –
the country dollarized at the start of 2009 – Zimbabwe is confronted with a
Greek-like policy menu.
It cannot devalue its currency, monetary
policy is largely inert and as the budget numbers show there is virtually no
fiscal wiggle-room, especially with elections looming some time in the next
18 months. If the surcharge fails to deliver, Biti will have to rethink his
fiscal expansionism or try to tighten monetary policy – both of which would
be politically unpopular. Maybe diamonds will save the day.
It is despicable that Members of Parliament
from the three parties that form the Government of National Unity should
threaten to hold the national budget to ransom to press their demands for
new cars and unpaid allowances. 29.11.1105:44pm by Editor
The
MPs are prepared to disrupt government programmes that benefit the poor
people who elected them into office simply because of their unbridled
avarice. This shows the levels to which the political class in Zimbabwe has
sunk.
Are MPs aware that by refusing to pass the budget, they are
denying civil servants their salaries? They are refusing to pay doctors and
nurses who run our hospitals, teachers who educate our children. Hospitals
will be unable to purchase essential drugs. Will these MPs take
responsibility for the deaths that could result from their selfish actions?
Will they be able to defend their actions to the relatives of the deceased –
that their desire for new cars and allowances was more important than human
life?
Is the love of money and luxuries the reason these MPs presented
themselves for election to public office? We would like to know how many of
our MPs have bothered to report back to the people who elected them – many
of whom paid a huge price in human suffering to exercise their democratic
right.
How many of the MPs have fulfilled their election promises? What
can our MPs tell us that they have done to improve the lives of their
constituents in their three and a half years in
Parliament?
Zimbabweans should take note of the goings on in our
Parliament. Only those MPs working to serve the interests of their
constituents should be elected again in future.
We share Buhera West
MP and Minister of Constitutional Affairs, Eric Matinenga’s frustration with
the politicians. They seem to have lost their way. We urge all political
parties to conduct an audit into what their representatives have achieved
during their parliamentary term. All the greedy bloodsuckers should be
thrown out. This is a time for leadership – not for self-enrichment. We have
had enough of that.
BAZ is better challenged through courts than via Mugabe
Clifford Chitupa Mashiri, 30/11/11
The concerns of the Media Institute of
Southern Africa (MISA) Zimbabwe over the recent granting of commercial radio
licences to two organisations with Zanu-pf links are understandable but
should be channelled through the courts than via Robert Mugabe for better
results.
There is merit in taking the matter to the High Court or even
the Supreme Court rather than writing an open letter appealing to the
principals who are obviously outsmarted by Robert Mugabe and his
allies.
The fact that when the Broadcasting Authority of Zimbabwe (BAZ)
invited applications, 14 organisations applied but 10 were rejected with no
valid reasons set the whole selection process to a contestable
outcome.
Furthermore, given that BAZ board members were not legally
appointed as required by the law that governs the unity government a fact
acknowledged by Mugabe and other principals, it follows that BAZ should be
dissolved and its recent adjudications set aside as a nullity before it is
properly reconstituted.
The opening of the airwaves is not a matter
that should be left to chance because Mugabe is very paranoid about a free
media ahead of elections in which he is being presented as Zanu-pf’s
presidential candidate despite ageing and health issues.
It is
important that BAZ be subjected to a due diligence test before adjudicating
on the politically sensitive issue of the opening of the airwaves
transparently, recognising Zimbabwe’s diversity and the need to uphold human
rights and freedoms of information and expression.
Experience has shown
that appeals to Robert Mugabe over issues of political governance, human
rights or the rule of law yield nothing of substance.
A fresh example is
that of the Archbishop of Canterbury Dr Rowan Williams who shared tea,
scones and jam with Mugabe as he appealed to him to use his power to stop
the abuses suffered by Anglicans including the seizure of church properties
by Nobert Kunonga, a Zanu-pf loyalist.
All Dr Williams got from the
tyrant was: “I can’t help you”.
Court Watch 3/2011 - November 2011 [State v Mwonzora MP]
COURT WATCH 3/2011
[November 2011]
As part of our new
series – Court Watch – Veritas will be doing a series of summaries of criminal
cases brought against political and human rights activists.It is an anomaly under the present
circumstances of the country that although MDC-T and MDC are part of an
inclusive government, they seem to be treated by State agents as “opposition”
parties and that, despite official lip service to freedom of speech and
movement, human rights activists are frequently arrested.
Proceedings against Douglas Mwonzora,
MP
We are starting
with summarising proceedings taken against the Hon Douglas Mwonzora as, not only
is he an experienced and respected member of the legal profession, but he is
also a prominent political figure – an MP for Nyanga North and the Constitution
Parliamentary Select Committee [COPAC] co-chairperson.In his MDC-T party he is a member of his
party’s National Executive, as Secretary for Information and Publicity, and is
their official spokesperson.There have
been four cases taken against him.
Case 1 – Incitement of Public Violence at Nyanga, February
2011
Circumstances of the alleged offence:On Saturday 12th February there were clashes
between MDC-T and ZANU-PF followers in Mr Mwonzora’s Nyanga North constituency,
following a meeting addressed by Mr Mwonzora at a school.Damage was caused to property at nearby Nyakomba Business Centre and 8 people were injured.Police took action against MDC-T supporters
only.22 were arrested and accused of
public violence.Among those arrested
and detained was an 82-year old headman, Rwisai Nyakauru, who was seriously
assaulted by ZANU-PF elements before being handed over to police.
Circumstances of Mr Mwonzora’s arrest: On 15th February, Mr Mwonzora was arrested
outside Parliament as he was leaving after that afternoon’s sitting.He was detained overnight in police cells at
Rhodesville Police Station and moved to Nyanga the following day.There he was taken to the remote Nyamaropa
police post and when his lawyers eventually traced him, they were
denied access to him.Only on 18th February were Mr Mwonzora and his
22 co-accused taken before the Nyanga magistrate for remand.
Charge: Mr. Mwonzora is alleged to have incited public
violence in contravention of section 36(1)(a) of the Criminal Law Codification
and Reform Act [the Criminal Law Code], a serious offence which carries a
maximum penalty of ten years’ imprisonment or a $2000 fine or both.His co-accused face the same penalties for
allegedly committing acts of public violence.
Bail delayed by unsuccessful State appeal: At the first court appearance on 18th February
a bail application was lodged.The State opposed bail, but on 21st February
the magistrate, Ignatius Mhene, granted bail to all the accused.Bail was set at $50 each, coupled with an
order to report once a week to the police.But the prosecutor thwarted their release by
immediately invoking section 121(3) of the Criminal Procedure and Evidence Act
[CPE Act].This had the effect of
suspending the operation of the magistrate’s bail order and allowing the State
seven days within which to appeal against it.The State lodged its appeal in time, with the
result that Mr Mwonzora and all the other accused remained in remand prison from
21st February until their eventual release on bail after the hearing of the
appeal nearly three weeks later.
The High Court bail hearing:A hearing set down for 7th March was
postponed to the 9th March because presiding Judge Justice Mavangira identified
defects in the record of the proceedings in the magistrate’s court.The hearing resumed on the 9th March and
continued on 10th March.Finally, on
11th March, the judge dismissed the State’s appeal, thereby confirming the
magistrate’s order granting bail and entitling Mr. Mwonzora and the other
accused to be released as soon as their bail could be paid.Mr Mwonzora’s lawyers managed to complete the
necessary formalities in time for him to be released late on the morning of 12th
March, a Saturday.Mr Mwonzora had spent a total
of 24 days in detention.
Case referred to Supreme Court: Weeks then passed with all accused out on bail
pending their eventual trial.At a routine remand hearing on 10th May
lawyers for Mr. Mwonzora and the other accused filed an application in terms of
section 24(2) of the Constitution asking for certain constitutional issues to be
referred to the Supreme Court for decision.They argued that fundamental rights to
liberty, protection of the law and protection from inhuman and degrading
treatment, as enshrined in sections 13, 18 and 15 of the Constitution, were
violated when they were arrested, abducted and detained in filthy police and
prison cells in Nyanga and Mutare.A section 24(2) application must be granted
unless the court finds it to be frivolous or vexatious.On 23rd May magistrateMhene granted
the application and ordered that all the constitutional questions raised be
referred to the Supreme Court for decision.He said that none of the questions could be
described as frivolous or vexatious.This had the effect of indefinitely postponing
the criminal proceedings pending the Supreme Court’s decision.
Present status The
constitutional case has not yet been set down for argument in the Supreme Court
and it is not known when it is likely to be heard, as the magistrates court
record submitted to the Supreme Court turned out to be incomplete.Meanwhile, in June, the State made an
application in the magistrates court for the trial to proceed, notwithstanding
the referral to the Supreme Court. This application
was turned down by magistrate Mhene.The
Attorney General’s office then filed an application in the High Court for the
magistrate’s refusal to proceed with the trial to be overturned.This application is also awaiting
hearing.Pending developments in the
Supreme Court and High Court, Mr. Mwonzora and his co-accused remain on bail but
without having to report to the police every week – that bail condition was
revoked by magistrate Mhene on 23rd May when he granted the referral
application.
Allegations of maltreatment by police and prisons: Mr Mwonzora says he
was denied water, food and medication during his three days in police detention
cells.He was held also incommunicado in illegal
solitary confinement and prevented from seeing his lawyers.He has said he intends to sue police for
damages.During the three weeks that
Headman Nyakauru, aged 82, was in prison on remand he was denied access to
private medical practitioners and his health deteriorated rapidly, resulting in
his death a few weeks after his release.
Implications of
Mr Mwonzora’s arrest and detention:
·For the
constitution-making process – for the three weeks plus that Mr Mwonzora was
incarcerated he was unable to do his work as co-chairpersonof COPAC.The cost of this delay to the process was considerable.When Mr Mwonzora resumed work at COPAC on
Saturday afternoon, having been release on Saturday morning in Mutare, the first
thing he discovered was that, while he was away, data from the Diaspora
submissions to COPAC had been excluded from the data uploading process which was
said to have been completed during his absence.There was a further delay in the process while this serious omission was
remedied.
·For the MDC-T in
Parliament – Mr Mwonzora’s enforced absence from the House of Assembly deprived
the party of his vote during that period.Given the delicate balance of party strengths in the House, this might
have affected the result of any votes during the period.
·For his
constituency – Mr Mwonzora was not accessible to citizens of his
constituency.
·For his party
organisation – As a key member of the MDC-T executive, Mr Mwonzora's harassment
and long detention have had a detrimental effect on his party’s functioning.
Other Three Cases Brought against Mr
Mwonzora
The police have
taken other, inconclusive, cases against Mr
Mwonzora, including:
Allegedly
insulting the President – the “Goblin” case
In January 2010, Mr Mwonzora was summoned to stand trial on a charge
of insulting President Mugabe by calling him a “goblin” during a March 2008
election campaign speech.Mr Mwonzora denied the charge and questioned
the delay in bringing it, suggesting that the prosecution was a ploy to
interfere with his constitution writing duties.The prosecutor called off the trial and said
he would issue a fresh summons.Insulting the President in contravention of
section 33 of the Criminal Law Code carries a penalty of up to one year’s
imprisonment or a $300 fine of both.
Another insulting
the President case – the “how is your eye?” case
While Mr. Mwonzora was still detained on remand in the Nyanga public
violence case, police interviewed him and took a “warned and cautioned”
statement from him about further allegations of insulting the
President.The accusation was that while
at the magistrate’s
court for a remand hearing on 7th March, Mr Mwonzora had addressed a portrait of
President Mugabe saying “Makadii Baba? Iriseimuviri?Ririseiziso?” [“How are you
father, how is your health and how is your eye?”][The press had been full of stories about
President Mugabe’s trips to the Far East for an cataract operation and
subsequent check-ups.] Mr. Mwonzora has
denied the charge and explained that he was in fact inquiring after the health
of his 82-year old fellow prisoner who was in poor health and had had his
spectacles taken away from him by ZANU-PF thugs.
Resurrection of 2005 fraud allegations
Earlier this
year, Mr Mwonzora was taken to court on a charge of fraud dating back to 2005,
arising out of his role as lawyer for a purchaser of land. The accusation was that the purchase price had
been deposited in Mr Mwonzora’s trust account, but never paid over to the
seller. After several court appearances
at which the complainant, who had signed an affidavit withdrawing her complaint,
failed to appear, a Harare regional magistrate discharged Mr Mwonzora, saying it
was would be contrary to justice to keep him on remand when the prosecution case
was not in order.
At a Personal Level
It seemed a
deliberate humiliation for police to arrest Mr Mwonzora as he was walking out of
the doors of Parliament.This was
totally unnecessary – the police could have phoned his office and asked him to
come to them.His constant harassment,
his public arrest, the refusal of bail, his detention for over three weeks and
being constantly summoned to court hearings has impinged on his law practice and
on his ability to earn to support his family.He and his family have been kept in a constant state of tension and
anxiety – and his wife and children have suffered emotionally.At school his son was mocked for his father
being in prison [although he had not been convicted] – what effect could this
have on a child’s academic career?
Comments/Questions
·Was Mr Mwonzora’s
arrest spurious? This is for the courts
to decide.
·Was arresting him at
Parliament necessary or a deliberate humiliation for a prominent MP? While MPs are not immune from arrest, picking
Mr Mwonzora up at Parliament seems unnecessary. Indeed, no arrest was called for. A request to attend court would surely have
sufficed to secure his presence.
·Was thwarting bail
for a prominent MP justified?Was the
State’s use of section 121 of the CPE Act against Mr. Mwonzora and his
co-accused defensible? Could the police seriously have been thought that an MP
with national responsibilities to the constitution-making process, and an
experienced and respected legal practitioner, would abscond and not face
trial?The High Court’s confirmation of
the magistrate’s bail decision suggests that this was yet another misuse of
section 121.[The most recent statistics
published by Zimbabwe Lawyers for Human Rights show that in most section 121
cases the State either does not note an appeal at all or fails miserably when an
appeal is pursued and heard by the High Court.]
·Considering the
personal and emotional cost to accused persons and their families, should not
the police and public prosecutors look into the fact that there have been so many arrests which, as they do not lead to a prompt trial and
conviction, give the impression of harassment.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied.
