Jestina Mukoko and other abductees appear in court

http://www.swradioafrica.com

By Violet Gonda
24 December 2008

On December 8th Chief Superintendent T. Nzombe wrote a letter to the
National Association of Non-Governmental Organisations (NANGO) stating
categorically that Jestina Mukoko was not in police custody and that the
state was investigating her disappearance as a 'kidnapping'. But it has now
emerged that the police were lying after rights lawyers found out on Tuesday
that Mukoko and several other MDC and civic activists have been kept captive
in police custody all this time.

Family and friends feared the worst, in a country where more than 500 people
have been brutally murdered in state sponsored violence in the last seven
months.

The MDC says at least 42 people were abducted in the last two months alone
and last Friday party leader Morgan Tsvangirai threatened to suspend the
power sharing talks if all the abductees were not released or brought to
court by 1st January.

It is not known if this is what prompted some movement by the police, or if
the ultimatum stirred South Africa into putting pressure on the Mugabe
regime, but nine individuals appeared in court on Wednesday, after weeks of
police denying knowing their whereabouts.

On Wednesday the Zimbabwe Lawyers for Human Rights (ZLHR) said they were
finally able to meet some of their clients at the Rotten Row magistrates
court, for the first time since the victims were abducted. They were
remanded in custody and are expected to appear in court on Monday.

It has also been confirmed that two year old baby Nigel Mutemagawu, who
disappeared with his mother Violet Mupfuranhehwe nearly two months ago, is
being held at Mabelreign police station. The two were part of a group of MDC
activists abducted from their homes in Banket, Mashonaland West in October.
They had been missing ever since.

Civic leader Jestina Mukoko is being held at Matapi while her two
colleagues, Pascal Gonzo and Broderick Takawira from the Zimbabwe Peace
Project, are being held at Rhodesville and Braeside police stations
respectively.
Ghandi Mudzingwa, a former personal secretary to MDC leader Morgan
Tsvangirai, is at Highlands police station.

However scores of other people, including freelance journalists Shadreck
Andrison Manyere and MDC head of Security Chris Dhlamini, are still missing.

After weeks of deliberately lying, the police finally said in a statement,
first published in the state controlled Herald newspaper on Wednesday, that
the individuals were accused of recruiting people for military training in
Botswana, to overthrow the ZANU PF regime. If found guilty the activists
face the death penalty.

Analysts say it is astonishing the accusations are continuing, as Botswana
and the MDC have denied the allegations and the regional body SADC has also
dismissed the accusations.

An MDC official, speaking on condition of anonymity, said: "It's not enough
to merely take them to court. The people responsible for the abductions are
the ones who have to appear in court. The Police Commissioner Augustine
Chihuri, the Ministers of Intelligence and Defense, all of them should be
sued. SADC knows the people were abducted and therefore the regime has to be
sued and SADC has to agree. We cannot tolerate this continued culture of
impunity. Neither should the MDC treat the appearance in court of abducted
activists as some form of political victory. It is an anomaly."

Meanwhile the Zimbabwe Lawyers for Human Rights said on Wednesday it feared
that more people, unknown to the lawyers, are still being held. "It is our
strong belief that more individuals than those disclosed to lawyers are
being held in those police stations, as well as others which have not yet
been visited. It is also our belief that there may be more abducted persons
than those currently confirmed and on the full list with which lawyers are
currently working, as confirmed by the discovery of two individuals in
custody who had not been previously known to be abducted," the group said.

List of confirmed detentions (source ZLHR 24/12/08)

Jestina Mukoko - Matapi
Concilia Chinhanzvana - Highlands
Emmanuel Chinhanzvana - Marlborough
Pieta Kaseke - Marlborough
Ghandi Mudzingwa - Highlands
Zacharia Nkomo - Stodart
Mapfumo Garutsa - Mbare
Regis Mujeyi - Matapi
Pascal Gonzo - Rhodesville
Broderick Takawira - Braeside
Nigel Mutemagawu (2 year old minor) - Mabelreign
Tawanda Bvumo - Rhodesville
Violet Mupfuranhehwe - Mabelreign
Mr Makwezadzimba - Braeside

Whereabouts still unconfirmed (source ZLHR 24/12/08)

Andrison Shadreck Manyere
Chinoto Zulu
Agrippa Kakonda
Chris Dhlamini
Gwenzi Kahiya
Lovemore Machokota
Charles Muza
Ephraim Mabeka
Edmore Vangirayi
Peter Munyanyi
Graham Matehwa

Confusion still remains over the exact figures of those abducted, as several
names provided by the MDC weeks ago are missing from this latest list
provided by the ZLHR. Some of the missing names include:

Fidelis Chiramba, Zvimba South district chairperson, who stood as an MDC
senatorial candidate for Zvimba in the March 29 elections.
Ernest Mudimu, MDC parliamentary candidate for Zvimba North in the March 29
elections.
Fanwell Tembo, MDC Zvimba South youth organiser.
Terry Musona, MDC deputy provincial secretary.
Lloyd Tarumbwa, MDC activist.
Collen Mutemagawo, MDC Zvimba South youth chairperson (father of two year
old)
Larry Gaka, MDC activist.
Bothwell Pasipamire MDC youth Kadoma Central constituency, Mashonaland West.
Abducted weekend of 13 Dec.

Nine activists charged with plot to oust Mugabe

http://www.nation.co.ke

By REUTERS Posted Wednesday, December 24 2008 at 20:11

HARARE, Wednesday

A former Zimbabwean newscaster and nine other opposition activists were
brought to court today to face charges of plotting to overthrow President
Robert Mugabe's government.

Jestina Mukoko, head of the Zimbabwe Peace Project, was taken away at
gunpoint in Harare on December 3 by unidentified men and the High Court had
ordered police to find her. Police had previously said Mukoko was not in
their custody.

Recent arrests of activists prompted opposition leader Morgan Tsvangirai to
threaten to suspend deadlocked talks with Mr Mugabe on sharing power, adding
to doubts over chances for a deal that could rescue Zimbabwe from economic
meltdown.

The activists faced charges of recruiting or attempting to recruit people to
undergo military training to topple the government.

Some of the activists had recruited people for military training in
Botswana, including a police constable, the state-run Herald newspaper
reported earlier, citing a police statement.

Zimbabwe has accused Botswana of training opposition insurgents to oust Mr
Mugabe. But Botswana, one of Mugabe's toughest critics, has rejected the
accusations while South African President Kgalema Motlanthe said last week
he did not believe the charges against the MDC.

Meanwhile, Nobel peace laureate Desmond Tutu today accused South Africa of
betraying its legacy of struggling against apartheid by failing to take
strong action against Mugabe.

Tutu also told the BBC in an interview that military force against Mugabe's
government should not be ruled out.

Step down

"He must be asked to step down, and if he refuses I really believe that we
have to invoke this new doctrine of responsibility to protect," Tutu told
BBC radio.

Asked whether that meant going in by force, Tutu said: "Yes, yes -- or
certainly the threat of it... He needs to be warned and his cronies must be
warned that the world is not just going to sit by and do nothing."

South Africa's ruling African National Congress (ANC) leader Jacob Zuma,
describing Zimbabwe's situation as "utterly untenable", said it had to be
resolved in the New Year.

In a letter to The Times newspaper today, British Foreign Secretary David
Miliband said "any sane person" would realise "that Mugabe's misrule is only
spurring Zimbabwe's descent into chaos".

We know  who masterminded the abductions

http://www.zimbabwetoday.co.uk/

Extract....
We now  know exactly who carried out the abductions. The operation was
controlled by Harare-based Chief Superintendent Chrispen Makedenge, who
commands the Law and Order section of the police. He led a team of
operatives drawn from the police, the national army, and the spy agency the
Central Intelligence Organisation.

The operation was code-named "Chimumumu", which is Shona for a dump person,
and was particularly well funded. The team were given new vehicles, an
unlimited fuel supply, and permanent bookings in various hotels.

Makedenge's services to our corrupt regime have been rewarded with, amongs
other things, a commercial farm in the rich Banket agricultural area.

And I am sure most regular Moses Moyo readers will be able to guess to which
office Makedenge and his team report. Yes indeed, it is the office of the
President, Robert Mugabe.

Posted on Wednesday, 24 December 2008 at 10:18

The Hidden Story

http://www.swradioafrica.com

In 2001 MDC activist, Solomon Chikohwero was the first person to be charged
with treason for trying to 'overthrow' Robert Mugabe's regime. He was
severely tortured and admits he confessed to crimes he did not commit. He
believes the same is happening with the abducted MDC activists.

Concern as South Africa gives aid direct to ZANU PF

http://www.swradioafrica.com

By Tichaona Sibanda
24 December 2008

The South African government has gone against it's word and provided the
regime in Harare with farming inputs, forming part of the 300 million rand
package it promised to dispense only when a unity government was in place.
But Zimbabwe's agriculture Minister Rugare Gumbo confirmed to the state
media this week that farming inputs forming part of the aid package had
arrived in the country.

This contravenes the conditions of the aid that were outlined in September
when the plan was announced, which said the R300m in aid was conditional
upon the successful formation of a unity government between Robert Mugabe's
Zanu-PF and the two factions of the MDC.

South Africa has also failed to explain why and how inputs have been given
to the regime, when they announced back in September that they would only
provide funds through aid agencies and Non Governmental Organisations.

Responding to what it called 'confusing reports in the media' South African
government spokesperson Thabo Masebe confirmed that they were providing the
aid to Zimbabwe. He however said it would be released through new SADC
mechanisms that were announced last week and they were satisfied that it
would reach the intended recipients in a non-partisan manner. He did not
explain the Zimbabwe state media reports that said the aid was already
there.

It is well known that Mugabe uses food aid as a political tool and blocks it's
distribution to areas that voted for the MDC in the March elections. Farming
inputs are also distributed in a partisan manner, given only to ZANU PF card
carrying members.

MDC MP for Mbare in Harare, Piniel Denga, told us they 'smelt a rat' when it
was announced during last week's ZANU PF conference in Bindura that their
supporters would get a Christmas bonus of farming inputs.

'Since we knew they lacked the capacity to buy these inputs we just wondered
where the goods would come from, but now we know thanks to the state media.
The South African government can never be trusted on issues concerning ZANU
PF, they protect and look after their interests,' Denga claimed.

The legislator added; 'What the South Africans should know is that by giving
inputs like fertilizer to ZANU PF is as good as sprinkling it along the
mighty Zambezi river - just wait and see.'

Situation in Zim untenable - Zuma

http://www.news24.com

24/12/2008 08:05  - (SA)

Johannesburg - The new year should bring a speedy resolution to the utterly
untenable situation in Zimbabwe, ANC president Jacob Zuma said in his
Christmas and New Year's message on Tuesday.

"I have on various occasions expressed my growing concern about the serious
political crises and accompanying human tragedy in Zimbabwe," Zuma said.

He confirmed that the ANC would celebrate its 97th anniversary, and launch
its Election Manifesto, in East London on January 10 next year.

Zuma said South Africa now required a government with experience and
political will, and that fully understood what should be done to address the
apartheid past.

"While we are proud of the strong foundation that our long and heroic
history provides us with, the ANC is essentially a forward-looking movement
that is committed to work together with all South Africans to speed up
change, and delivery in order to improve the lives of every citizen."

Difficult year

He was very aware that 2008 had in an economic sense been a difficult year
for many South Africans.

"Because of the economic policies that the ANC government followed the
international economic recession has not impacted on us nearly as severely
as it could have.

"Nonetheless I am acutely aware that, sadly, jobs are being lost, and many
South Africans are feeling the consequences of the economic downturn," Zuma
said.

"We still have a long way to go before we can claim that we have created a
more just society that has conquered the legacy of apartheid.

"Yet, we remain committed to a developmental state with poverty eradication
and the creation of quality jobs our top priority."

- SAPA

Archbishop Tutu suggests using violence to remove Mugabe

http://rawstory.com

Agence France-Presse
Published: Wednesday December 24, 2008

Nobel Peace Prize laureate says he's 'ashamed' of South Africa for not
acting

LONDON (AFP) - Archbishop Desmond Tutu launched a stinging attack on South
Africa Wednesday, accusing it of failing to stand up to Zimbabwe's President
Robert Mugabe and betraying its apartheid legacy.

Tutu, the retired archbishop of Cape Town, Nobel Peace Prize laureate and
anti-apartheid campaigner, told BBC radio he was "ashamed" of his homeland.

He suggested that South Africa had surrendered the "moral high ground" which
it gained in the post-apartheid era.

Tutu also told BBC radio that violence could be used to remove Mugabe, who
should then be indicted by the International Criminal Court (ICC).

His comments came amid rising international pressure for Mugabe to quit and
an outbreak of cholera which has killed over 1,000 people, according to
UNICEF.

The top US envoy for Africa Jendayi Frazer said at the weekend that it had
lost confidence in the power-sharing pact between Mugabe and the opposition,
remarks dismissed as "stupid" by Mugabe.

"I certainly am ashamed of what they've done (South Africa) in the United
Nations," Tutu said.

"For the world to say no, we're waiting for South Africa's membership of the
security council to lapse and then we can take action, that is an awful
indictment of a country that has had this proud record of a struggle against
a vicious system in the way that we did, that we should have been the one
who for a very long time occupied the moral high ground.

"I'm afraid we have betrayed our legacy... I mean, how much more suffering
is going to make us say no, we have given Mr Mugabe enough time?"

South Africa is due to leave the UN Security Council within days after two
years in a non-permanent seat and commentators say this could remove one
major obstacle to UN action against Mugabe.

Tutu raised the prospect of using violence to remove Mugabe.

"If Mr Mugabe remains obdurate and as intransigent as he has been about the
formation of this government of unity, then he must be asked to step down,"
he said.

"If he refuses, I really do believe that we have to invoke this new doctrine
of responsibility to protect".

Asked whether that meant using force to remove Mugabe, Tutu said: "Yes, yes,
or certainly the threat of it".

"He needs to be warned and his cronies must be warned that the world is not
just going to sit by and do nothing, it's going to try and remove them and
in addition he is going to be charged before the ICC," he added.

Tutu said he hoped "against hope" that the African Union would take action,
adding that some parties "can be shamed into taking a more firm stance",
including South Africa.

Mugabe is a stain on Zimbabwe, says Miliband

http://www.independent.co.uk

By Matt Dickinson, PA
Wednesday, 24 December 2008

Foreign Secretary David Miliband branded Zimbabwe's President Robert Mugabe
as a "stain" on the country today and said he "has to go".

In a letter to The Times, Mr Miliband said: "Any sane person realises that
Mugabe's misrule is only spurring Zimbabwe's descent into chaos.

"If Zimbabwe is to haul itself - with the help it needs and deserves - out
of its current meltdown, Mugabe has to go.

"As long as Mugabe rules Zimbabwe he remains a stain on that country. I
acknowledge he is also a stain on the international community, which has not
been able to deliver the will of the Zimbabwean people."

The country is currently suffering from a cholera epidemic which has
infected more than 18,000 people. And power-sharing negotiations with the
opposition party MDC - widely thought to have won elections earlier this
year - have ground to a halt.

Mr Miliband said he advocated a sanctions resolution from the United
Nations, blocked last July by Russia and China. He also urged neighbouring
country South Africa to do more.

"It is our strong view that this international crisis requires international
attention," the Foreign Secretary said.

"It is obvious to everyone that neighbouring states, especially South
Africa, have most to lose from instability in Zimbabwe and most to gain from
change. That is why we continue to emphasise their role and responsibilities
and to urge them to take action."

Stronger condemnation of South Africa came from veteran human rights
campaigner Archbishop Desmond Tutu, who accused the country of failing to
stand up to Mugabe.

The Nobel Peace Prize winner said he was "deeply disappointed" that his own
country had lost the moral high ground and that it had blocked firmer action
from the United Nations.

He told BBC Radio 4: "I want to say first of all that I have been very
deeply disappointed, saddened by the position that South Africa has taken at
the United Nations Security Council in being an obstacle to the security
council dealing with that matter.

"And I have to say that I am deeply, deeply distressed that we should be
found not on the side of the ones who are suffering.

"I certainly am ashamed of what they've done in the United Nations.

"For the world to say no, we are waiting for South Africa's membership of
the security council to lapse and then we can take action."

The UK government recently joined the US in describing Mugabe as incapable
of taking part in the power-sharing deal with the MDC.

Mugabe has rejected calls from the US and UK for him to stand down, recently
branding the country's governments "stupid and foolish".

Zimbabwe - a population on the edge of collapse

http://www.amnesty.org

24 December 2008

Zimbabweans are facing yet another difficult year in 2009, unless a
political settlement is found to arrest the fast deteriorating
socio-economic conditions in the country.

Thousands of Zimbabweans are facing death following a cholera outbreak that
started in August, while nearly half of the population is in desperate need
of food aid.  International response to the multiple crises facing the
country is being complicated by the Zimbabwean authorities' repeated
attempts to politicise humanitarian work and cover up the extent of the
problems bedevilling the southern African country for political reasons.

The cholera outbreak that started in August has exposed the extent of
decline of the health services.  Officially, over 1,200 people have died
while nearly 24,000 cases have been recorded. However, the actual death toll
is believed to be higher than that being reported, mainly due to a lack of
capacity to document all the cases.

Amnesty International was told by asylum seekers who had just arrived in
South Africa from Zimbabwe that, in some villages, as many as 10 deaths were
being recorded.  A number of major hospitals have been closed, while the
remaining doctors and nurses at state hospitals have been on prolonged
strikes over poor working conditions and shortage of drugs.  Church-run
hospitals, which had provided relief for many rural communities, are also
reported to be on the verge of collapse.

Cholera is both a preventable and curable disease.  The current outbreak was
triggered by the collapse of water and sanitation management in Zimbabwe's
major cities, including the capital Harare.
Over five million Zimbabweans are facing severe food shortages and are
dependent on international humanitarian efforts.  Those fleeing hunger in
the provinces of Masvingo and Matabeleland, interviewed by Amnesty
International in December in the South African border town of Musina, told
the organisation that many rural families were now living on wild fruit.

Humanitarian workers also told Amnesty International that the 2008-9 farming
season was a failure for many families who were unable to secure seed and
fertilisers. The number of those in need of food aid is likely to increase
in 2009.

A combination of political instability, the cholera outbreak and severe food
insecurity is driving thousands of Zimbabweans to cross the borders into
neighbouring countries. As many as 1,000 unaccompanied children are reported
to be in the border town of Musina alone. Those fleeing also include younger
people from rural areas who fear further political violence if the political
agreement signed by the major political parties in Zimbabwe on 15 September
collapses.

Questions raised over corpse dumped at Athlone Cemetery

http://www.swradioafrica.com

By Lance Guma
24 December 2008

The discovery of a body of a Bulawayo man, found dumped near the city's
Athlone Cemetery last Saturday, has raised alarm among opposition members
who are currently victims of abductions and torture from state security
agents. Lionel Saungweme reports that the body was found near the
Saucerstown Bridge on the side of the cemetery just before the railway line.
The deceased man was only in underwear. The Member of Parliament for
Bulawayo East, Thabitha Khumalo, confirmed the discovery saying a crew from
the police criminal investigations department and photo journalists from the
state owned Chronicle newspaper visited the site.

But as Saungweme reports, no coverage of the incident has been made by the
Chronicle, raising questions about the lack of coverage. The suspicions are
particularly petinent in light of ongoing abductions of opposition and civil
society leaders in the country. 'You will remember this is how Tonderai
Ndira and Ignatius Mushangwe's bodies were discovered after several weeks of
them missing, following their abductions by state agents,' Saungweme said.
Although the identity of the man is still to be ascertained, the secrecy
over the story has already got activists in the city talking.

With no one really sure about the circumstances surrounding the incident it
highlights the many consequences of the crisis in Zimbabwe. With cholera,
anthrax, starvation, political repression, HIV and AIDS all ravaging the
country, the death could be attributed to anything. One social commentator
told Newsreel a lot of people in the country can no longer afford to bury
their loved ones and are resorting to dumping bodies anywhere, to get the
state to provide pauper burials. The man could have also been a victim of a
mugging given the high crime rate. Opposition officials are investigating
the incident and maintained they are keeping an open mind.

Harare diary: 'Diaspora dollars'

Wednesday, 24 December 2008

Vendors in central Harare capitalising on the festive season Esther (not her real name), 28, a professional living and working in Zimbabwe's capital, Harare, describes how Christmas will be celebrated this year. It is Christmas Eve and the queues are something else. I was at this shopping centre a few hours ago and it was packed, everything there is sold in foreign currency and you have to be prepared to stand in a queue for more than an hour - it's so full of people doing their Christmas shopping. The good news for Christmas is that Jestina Mukoko is alive While Zimbabwean dollars are still in chronic short supply, there seem to be more US dollars about for the festive season. The queues at money transfer agencies are really quite long, so I think there's a lot of foreign currency coming in from people with relatives in the diaspora for the holiday period - and that's the reason for the queues in supermarkets. Usually at this time of year, there are decorations up - Santa Clauses in the department stores and all that stuff, but there aren't that many this time. Without US dollars it is hard to buy goods in Harare At home too, we've just been remarking on how different Christmas is - usually our house is covered in Christmas cards, covering every surface, but this year we've only received two. I've just been to my uncle's house and they haven't received a single one. Normally we have this family gathering on Christmas Day where we get together with our cousins, uncles and aunts, but we've cancelled that this year for a quiet day at home instead. I think many people have decided to be defiant and enjoy the day despite all the many difficulties here - and many Zimbabweans are strong Christians. 'Scared' There's quite a number of foreign-registered vehicles around - people home for Christmas. Cholera victims need to be buried quickly However, I was saying to my friends earlier that many of my contemporaries seem reluctant returnees - saying how scared they feel about coming home because of the situation here. Today, I saw this girl who used to stay in our neighbourhood and she was saying her husband had just come from the rural areas and the cholera outbreak has spread to that area. She said it was really very bad. The cholera is affecting funeral practices. Usually we gather for three days and bury the person on the third day. But cholera victims have to be buried immediately and people aren't allowed to gather, which is out of sync with our culture. The good news for Christmas is that Jestina Mukoko [the human rights activist missing for the last three weeks] is alive. She appeared in court today. I was so scared she had been killed. Read Esther's previous diary

Commuter Trains Suspended Due to Diesel Shortage

http://www.radiovop.com


Bulawayo - The cash strapped National Railways of Zimbabwe has
cancelled commuter trains in all cities because of the shortage of diesel.

The parastatal stopped servicing its routes a week ago and the general
manager, Mike Karakadzai, said in a press conference in Bulawayo on Tuesday
that they will resume commuter trains on January 3, 2009.
He pointed out that a number trains, like the Harare-Bulawayo train
sometimes did not travel because of shortage of diesel.
  "A lot of of working class people will be travelling for holdiday,
so we have had to suspend the commuter trains with the aim of using the
coaches for inter-city trains.Apparently, of late we have had a major
challenge and that has had to do with fuel supplies. I'm aware that our
passengers have been inconvenienced by train cancellations," he said.
The unreliability of trains has made life difficult for most
travellers who had turned to trains, which are currently the the cheapest
mode of transport.

MDC Official Dismisses New Party

http://www.radiovop.com

Bulawayo - Movement for Democratic Change (MDC)deputy information
secterary Thabitha Khumalo has branded the revival of Zapu as a Zanu PF
project meant to distablise MDC in Matabeleland and Midlands.

The outspoken lawmaker who belongs to the Morgan Tsvangirai Faction,
said everyone linked to the revival of Zapu had 'slept and supped' with
President Robert Mugabe and it was a tragedy that they wanted to fool the
world.
"We all know that everyone in Zapu today was having a good life with
Mugabe.. They all have farms and get fuel from Noczim. They have big offices
in town and they drive nice cars, where do all those things come from?
People must not be fooled because this is a government project to confuse
people in Matabeleland and Midlands where we formed a strong base as MDC,"
said Khumalo.
Show vowed that the project would fail, because people had already
made up their minds and were convinced that Morgan Tsvangirai was the right
man to lead then in a new Zimbabwe.

Dumiso Dabengwa, a former minister and Zanu PF politburo member chairs
the revived party, which Mugabe has also dismissed.

The party said they no longer recognised the unity pact entered with
Zanu PF in 1997 due to Mugabe's terror and mismanagement of the country.

Nkomo Wins Disputed Farm

http://www.radiovop.com

Bulawayo -  Zanu PF national chairman John Nkomo has won a court order
to evict a resettled farmer at the Gwayi conservacy in Matabeleland North.

 Nkomo lost the case in court sometime in 2007 but he persisted,
insisting that the conservancy was allocated to him before Langton Masunda
was resettled on it four years ago. And on November 13 in Harare, Judge
President Rita Makarau granted a summary default in favour of Nkomo, after
Masunda arrived in court late and last week on Saturday, Masunda was handed
eviction papers by the messenger of court.
"I am dumb founded because this is bad politics. I got an offer letter
from the government signed by Dydimus Mutasa, the Minister of Lands, and
when Nkomo challenged my offer of the farm last year, his case was dismissed
in court and now he took it further and now it was handled by the Judge
president and Im told I lost. I know its because I am not active in
politics, but I will also fight back. I can not allow someone to abuse his
political influence because Zimbabwe is for all of us and not Zanu pf people
only," fumed Masunda.
Part of the order read: "Respondent and all persons claiming through
him vacate Lugo Ranch, which includes Jijima Lodge, within 30 calendar days
of the date of this order, failing which the Deputy Sheriff be and is hereby
directed to eject them therefrom."
Judge President Makarau also ordered Masunda to pay the costs of the
main action.
Masunda through his lawyer, Mr Vonani Majoko, of Majoko and Majoko
applied for rescission of the judgment, but the eviction order was allowed
to stand..
In his application for rescission, Masunda stated that he was not in
willful default as he was only 30 minutes late for the hearing. He claimed
that there was was confusion regarding the time of hearing.
His lawyers also said they shouldered the blame for Masunda lateness,
as they were lax and should have acted more professionally.
Masunda maintained that he had a court order granted in his favour
interdicting  Nkomo from interfering with his activities and occupation of
Jijima Lodge.
He said Nkomo had no locus standi to bring the action against him
because he is a tenant.
In his affidavit Nkomo said he was also issued with an offer letter
signed by the then Minister of Lands, Agriculture and Rural resettlement,
Joseph Made dated 3 September 2003.
"I duly accepted the offer but I unfortunately lost or misplaced my
original offer letter dated 3 September 2003. I then made an application for
a duplicate of my offer letter.
He said the land allocated to him was erroneously described as
Subdivision 1 of Lugo Ranch yet he was offered the whole of Lugo Ranch.

Despite increased pressure, no quick solutions for Zimbabwe

http://www.swradioafrica.com

By Lance Guma
24 December 2008

As the curtain comes down on another tragic year for Zimbabwe, given the
political, humanitarian and economic crises, analysts have been scratching
their heads considering different scenarios and suggested solutions. Most of
the analysis hinges on what Mugabe is likely to do if the MDC do not join a
unity government, a government that would clearly relegate them to junior
partners. Even if the MDC were to join, would it guarantee an economic turn
around, given the skepticism coming from the West, whose money would be
required to rebuild Zimbabwe.

Analyst Bekithemba Mhlanga says he sees the MDC being pressured into
accepting the deal signed in September, but quickly points out he does not
see any such compromise lasting more than 3 months. He expressed
reservations about Mugabe's sincerity and predicts a worse case scenario
where Mugabe goes it alone. This he says would trigger more hunger and low
level civil disobedience from the population, while dissent within the armed
forces is likely to rise.

This week the United States effectively torpedoed the power share deal with
their blunt assessment of it's chances of success. United States Assistant
Secretary of State for African Affairs, Jendayi Frazer, told Southern
African leaders the US no longer believed the deal would work, as long as
Mugabe was at the helm. She seemed to imply the need for someone other than
Mugabe to come from ZANU PF to rescue the deal. The US also effectively
withdrew a promised US$1,2 billion aid and debt relief package.

Another analyst, Msekiwa Makwanya, kept his eye on the likely impact of
Jacob Zuma becoming the next President in the coming year. Current President
Kgalema Motlanthe is already being accused of lacking the will to act tough
on Mugabe. Makwanya says even though Zuma is speaking out regularly he has
so far failed to 'walk the talk' and was likely to engage in the same
'managed' process when he assumes power.

Asked if the MDC 's close ties with South Africa's COSATU trade union would
not help them, Makwanya said that relationship would only ensure a
protective shell around MDC interests during ANC meetings but could never
translate into influencing policy outright. He said Zuma would also be more
interested in pursuing relationships with other African countries and this
would decide his approach to Zimbabwe.

The ANC President this week said he could no longer call ZANU PF and Robert
Mugabe 'comrades' and admitted pressure should be brought on them to effect
change in Zimbabwe. Zuma has however tended to blow hot and cold and many
observers believe Mugabe is feeding on the collective reluctance of the
region to confront him.

If at all Mugabe decides to go it alone he would need to call for fresh
elections, given that the MDC controls parliament. The ZANU PF leader has
already threatened to do this in 2 years time. Although there is agreement
an election could break the deadlock, a free and fair election run by Mugabe
is unlikely and its also unlikely he agrees to an internationally supervised
election that would deprive him of the chance to use violence to coerce
voters.

Groups like the National Constitutional Assembly have already suggested, and
are demonstrating for, a transitional authority to run the country and put
in place a new people driven constitution, before the holding of any fresh
elections. This option is unlikely to be accepted by the MDC who say they
won the elections in March and already have the mandate, while ZANU PF is
desperate to keep hold of power to manage any future election process.

Comment from a correspondent

The Zimbabwe government should unconditionally issue a diplomatic passport
to the designate Prime Minister, Morgan Tsvangirai and release all political
prisoners. Genuine power sharing negotiations should not adversely affect
the lives of the ordinary Zimbabweans who are now paying the price of the
political impasse due to the leadership not understanding the survival
challenges in a failed state.  As if the effects of the economic
mismanagement and meltdown were not enough, the outbreak of cholera has
further depleted the available basic minimum survival needs. The
Revolutionary leaders who achieved power through the barrel of a gun after
being denied victory through democratic means cannot believe in democratic
change through democratic means. The Zimbabwe toiling masses delivered their
democratic adult suffrage verdict during the March 2008 parliamentary and
presidential elections. ZANU PF has failed to transform from a revolutionary
front to a post conflict development government. Instead of spear heading
reconciliation, reconstruction and development they have launched nation
wide campaigns fostering partisan hate leading to the present failed state
status.

The Mugabe leadership legacy dates back to the Nationalist and Revolutionary
war of independence days. The following events contributed to the modelling
of the present Robert Mugabe - The split of ZANU from ZAPU, the impeachment
of Reverend Ndabaningi Sithole, the assassination of Herbert Chitepo,
struggles within the struggle, tribalism, the alledged Hamadziripi coupe
plot, the untimely death of Military Commander, Josiah Tongogara, the fall
of Edgar Tekere, the Sandura Commission.  President Mugabe took the
advantage to over stay the leadership of ZANU-PF under the pretext of
internal leadership stabilization. Mugabe never wanted to become a life
President but has been forced to stay on due to the existence of weak
political apologists and incompetent cadres in the leadership. In order to
avert an explosion within ZANU in independent Zimbabwe, President Mugabe
intelligently planned a political implosion through the signing of the ZANU
PF -PF ZAPU Unity Accord which resulted in a political explosion and
expulsion of his possible leadership challengers. Highly educated visionary
nationalists in government and ZANU PF continue to deliberately miss-inform
the President about the humanitarian and economic status of the country.
Mugabe has lead ZANU PF from the liberation struggle through independence up
to date with the endorsement of these partisans and close friends. In line
with the former Soviet Leninist, Chinese Maoist and North Korea Juche
culture, the ruling party has ignored the international transformation in
the parent ideologies and instead embarked on resistance to  change.

As anticipated, after loosing democratic elections, Robert Mugabe refused to
be removed from power through democratic elections, but succumbed to the
peoples' voice and accepted the idea of a government of national unity. The
veteran Nationalist Edgar Tekere concluded that Mugabe cannot be removed
from power, but can only be eased out of power. The idea of a government of
National Unity is the only way to ease him out of power. We will loose
nothing by confronting the enemy in his own territory using then legal
instruments bestowed on us by the electorate.

Taking into consideration the fact that the opposition is in the majority in
parliament and the proposed cabinet why not accept the final decision on the
cabinet composition as proposed by Mugabe and endorsed by the SADCC leaders
and fight for change from within using the available legal tools. The
decision of the SADCC leadership to have the contentious Ministry of Home
Affairs shared between ZANU PF and the opposition MDC and immediately form a
government of national unity cannot be ignored. With age Judges and even
service chiefs are forced to retire because they are considered incapable of
making prudent decisions, how about a Head of State at that age?

I agree with professor Mutambara that the Ministry of Home Affairs is not
the most important ministry. The main challenges we are facing in the
country are economic melt-down, agriculture, education and health. At the
time of reporting over 1,000 people have died of cholera and much more due
to hunger relate deceases. One would logically ask whether the present
leadership is individual, partisan or national based. The confusion with the
Ministry of Home Affairs is both constitutional and administrative. Under
the present constitution, the Commissioner of Police and the Director of
Prisons are service chiefs appointed by the President and accountable to the
Minister of Home Affairs for administrative purposes only. Is the MDC
fighting for the administration of the Police, Prisons and Registrar's
Office? The current Minister of Defence is responsible for the
administration of the defence forces while the army, air force and national
security intelligence commanders are supposed to be non and directly under
the command of the President in his capacity of commander in chief of the
armed forces. The Police, Prisons, Registrar General and Immigration are
under the Minister of Home Affairs for administration purposes, but the
Police Commissioner and the Prisons Director are both service chiefs
appointed by the President. The only factions in Home Affairs without
Presidential jurisdiction are the Department of Immigration and the Office
of the Registrar General. Is this what the MDC is delaying the
implementation of the agreement.

Following up on the recommendations of the SADCC leaders, the Ministry of
Home Affairs can be co-ministered with the opposition assuming leadership in
the area of the administration of the, Police, Prison Services, Immigration
and Registrar General Offices, while the President and ZANU PF continues
with the  Presidential direction of the Police Commissioner and the Director
of Prisons. The leadership should have the capacity to analyse the current
position before recommending the way forward instead of spending much needed
time haggling over petty issues. Do we need Thabo Mbeki, SADCC the Elders to
tell us how to share a ministry and how to form a government of national
unity? This can be correct if we are being led by a highly incompetent cadre
of leaders.

The toiling masses now doubt the quality and integrity of the national
leadership. You are now a shame to the nation for failing to agree on petty
issues like cabinet posts.
The country is bleeding; people are dying every day of preventable diseases
like Cholera.  Over 3 million qualified nationals have left the country, are
these people reactionaries to a functioning system? Where is democracy by
the people for the people? Let us give the GNU concept a chance and fight
for redress if necessary through the established democratic machinery.

Andrew Choga. PhD International Relations
Lecturer, University of Sierra Leone.

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