The Zimbabwe Situation

http://www.thezimbabwetimes.com/?p=9320

December 30, 2008

By Our Correspondents

HARARE - Morgan Tsvangirai, Zimbabwe's Prime Minister-designate, is likely
to return to his country before Saturday, to end almost two months of
absence abroad.

Top MDC sources said Tsvangirai was expected in Zimbabwe this week from
Botswana after receiving his passport on Christmas Day.

Tsvangirai, who leads the Movement for Democratic Change (MDC) and is set to
take up the newly created post of Prime Minister under the power-sharing
deal with President Mugabe, has been a special guest of Botswana's President
Ian Khama.

MDC spokesman Nelson Chamisa could neither confirm nor deny that Tsvangirai
was returning before Saturday, referring further questions to the MDC leader's
spokesman, George Sibotshiwe, who was not immediately available for comment.

Meanwhile, Tsvangirai in Johannesburg on what appears to be the first leg of
the journey back home said he was personally attending to the case of Sipiwe
Tandare, the widow of MDC activist Gift Tandare who was murdered in cold
blood by the police. The Zimbabwe Times reported on her plight last week
after the MDC treasurer Roy Bennett allegedly failed to respond to her
appeal for assistance. Bennett has not responded to questions from The
Zimbabwe Times since last week. Tandare says he did not respond to four
voice as well as one text messages on his mobile phone.

"I was very disturbed by the plight of Mrs Tandare," Tsvangirai said
Tuesday. "I will personally attend to her case while I am here in
Johannesburg."

The Zimbabwe Times is currently assisting Tandare to open a bank account.
After completing the paper work with one institution on Monday Tandare did
not have the R30.00 required as initial deposit. After she secured the
deposit she was informed she could not open the account on an emergency
travel document. She has not passport.

Tsvangirai did not state categorically that he was on his way back to
Harare.

"We are not aware of those developments," Chamisa told The Zimbabwe Times in
Harare. "I guess the best person to talk to is his spokesman. But, his
return will not be secretive. He is the head of government and his return
will be known by the public as is required by the dictates of national
interest."

Our authoritative source however insisted: "He is coming home this week to
try and solve this problem. I mean before Saturday."The problem he was
referring to includes the outstanding issues of equitability and fairness in
the allocation of ministerial portfolios and provincial governors.

The source said Tsvangirai was returning home after the regime showed clear
signs that it was capitulating. The Mugabe regime has issued Tsvangirai with
a new passport. Activists detained in secret locations are now being brought
to court. The government has now gazetted the September 11 agreement, not
the fraudulent September 15 agreement, which was doctored by Zanu-PF chief
negotiator, Patrick Chinamasa. It has also acknowledged that the equitable
sharing of the 10 gubernatorial posts is an outstanding issue.

The source said President Mugabe had also acknowledged his mistake in
abruptly gazetting Constitution Amendment No. 19 Bill. Mugabe has invited
the MDC leader to return and be sworn in together with his two deputies.
Tsvangirai has flatly rejected this, saying he wanted all the outstanding
issues resolved first. His party has also vowed that it will block the Bill
in Parliament, set to give legal and constitutional force to the unity
government, if Mugabe did not address the outstanding issues.

So far, the major outstanding issues are equitability in sharing Cabinet
posts and key government posts such as diplomatic and permanent secretarial
appointments. The MDC also wants an agreement first on the composition of
the National Security Council - a think-tank of top security officers that
has in the past planned and orchestrated political violence against the
opposition and critics of the Mugabe regime.

The hold-up in the implementation of the unity government, expected to
salvage some credibility and legitimacy for Mugabe, is piling pressure on
the 84-year-old leader, who is effectively cornered for the first time since
he came to power in 1980.

He has railed against Tsvangirai for remaining outside the country.
Addressing mourners at the burial of Elliot Manyika early this month, Mugabe
said: "Today you are in Senegal; tomorrow you are in that country. What is
that? That is prostitution."

Tsvangirai has said Mugabe's remarks demonstrated his "exasperation,
frustration and lack of options".

Mugabe knows that his legitimacy crisis and the prolonged hold-up in the
implementation of the unity government raises serious threats of foreign
intervention as Zimbabwe's humanitarian crisis deepens, with the World
Health Organisation reporting yesterday that the cholera death toll had now
climbed to more than 1 500.

Mugabe needs the MDC now more than ever before to constitute a new unity
government. The Constitution Amendment No. 19 Bill he unilaterally gazetted
without approval from the MDC is almost certain to hit a brick wall when it
is tabled in Parliament where it should be passed with a two-thirds
majority.

The MDC holds 99 seats in the 210-seat House of Assembly.

This leaves Mugabe with two options; either to give ground and equitably
share power with the MDC - a position vehemently opposed by the securocrats
and hardliners in his party - or to walk out of the talks and rule by
decree.

He has also hinted at the prospect of fresh elections but has been warned
that this would be a risky gamble, given simmering public anger against his
regime.

Zimbabwe cholera deaths not slowing; 1,600 dead

http://africa.reuters.com

Tue 30 Dec 2008, 17:55 GMT

GENEVA, Dec 30 (Reuters) - The rate of cholera infections and deaths in
Zimbabwe shows no signs of slowing, the World Health Organisation (WHO) said
on Tuesday.

The WHO said 1,608 people had died of the disease -- which could be treated
relatively easily if Zimbabwe's public sanitation and health systems had not
broken down so catastrophically -- out of 30,365 reported cases.

WHO spokesman Gregory Hartl said the figures, for Dec. 29, marked an
increase of 44 deaths and 1,200 cases over the previous day -- a rate that
has been steady over the last few weeks. The epidemic began last August.

"Infections are still climbing and with the rainy season on the way the
situation could get worse," he said.

The International Federation of Red Cross and Red Crescent Societies, the
world's largest disaster relief network, says the cholera mortality rate is
exceptionally high and could easily go higher.

Last week the WHO and international Red Cross officials said the movement of
people visiting relatives and friends during the Christmas holidays could
also help to spread the disease, which is affecting all of Zimbabwe's 10
provinces.

The outbreak has heightened the humanitarian crisis in Zimbabwe, where
President Robert Mugabe -- relying on backing from South Africa -- is
resisting calls from Western and some African leaders to step down.

On Monday, South Africa called for continued efforts for the formation of a
unity government in Zimbabwe under Mugabe, although the opposition Movement
for Democratic Change (MDC) has warned it might pull out of the long and so
far fruitless talks.

International aid agencies say Zimbabwe's health care and water sanitation
systems have broken down amid the political chaos and violence of the past
year. (Editing by Kevin Liffey)

Cholera Fueled by Failed Water System

http://www.voanews.com

By Joe DeCapua
Washington D.C
30 December 2008

With over 15 hundred deaths reported from cholera in Zimbabwe, humanitarian
agencies are stepping up efforts to stop the epidemic. However, the number
of cases could rise due to heavy rains and floods.

Farid Abdulkadir is the Red Cross regional national disaster management
coordinator for southern Africa. He's just returned to Johannesburg from
Zimbabwe and spoke to VOA English to Africa Service reporter Joe De Capua.

"The biggest problem that is the main cause of the cholera is.the water
system is almost collapsed, where you have lack of chemicals, damaged
infrastructure that results (in) poor water supply. That actually has made
cholera spread very widely. And of course, right now, with the flood and
excessive rain.in Zimbabwe you actually expect a spike of the cases that
will be reported," he says.

Adding to the problem is a weakened health system. "The staff has not been
paid.adequately, so they stop working, and also lack of medicine. So there
are a number of factors that have actually made the cholera situation in
Zimbabwe worse off than it was before," he says.

He stresses it is a "weakened" healthcare system, not one that has
collapsed. "When you have very few health workers, when you have very little
drugs to operate, it is a system that has greatly been weakened because of
the economic situation and other factors in Zimbabwe. So, it is really to
try and support the current Ministry of Health infrastructure, but at the
same time reinforce the water system," he says. Abdulkadir adds health care
workers should be given some economic support so they'll return to work.

The Red Cross official says, currently humanitarian agencies have full
access to the country, but he warns travel could become a problem because of
heavy rains and floods.

"The Red Cross.has sent in seven emergency response units composed of almost
60 people from 17 nationalities," he says. The teams concentrate on cholera
prevention, water and sanitation. Other humanitarian agencies are conducting
similar programs.

Zimbabwe Calls on Bangladesh Doctors to Arrest Cholera Outbreak

http://www.bloomberg.com

By Jason Gale

Dec. 30 (Bloomberg) -- Zimbabwe is enlisting the help of doctors from
Bangladesh to help arrest a cholera outbreak that's sickened more than
29,000 people and risks infecting more as heavy rain threatens to spread
contaminated water, a World Health Organization official said.

Zimbabwe's government agreed to accept assistance from 10 doctors from the
South Asian country, which itself is prone to outbreaks of waterborne
diseases, said Gregory Hartl, a WHO spokesman in Geneva. Members of the
Bangladeshi team will be deployed in each of Zimbabwe's 10 provinces, he
said.

"The Bangladeshis have a huge amount of experience dealing with cholera,"
Hartl said in a telephone interview today.

Cholera, which causes profuse watery diarrhea and vomiting that can lead to
fatal dehydration and shock, has killed 1,518 people in Zimbabwe's biggest
outbreak of the disease, the WHO said in a Dec. 26 statement. The United
Nations agency said 26,497 cases had been reported by Dec. 25. Latest
estimates put the number of cases at more than 29,000, Hartl said today.

"Not all districts are reporting yet," he said. "We don't have a full
picture, which means that there could be more cases out there."

Zimbabwe, ruled by President Robert Mugabe since 1980, is in its 10th year
of a recession and its health, sewage and water systems have collapsed. The
cholera outbreak has been fueled by a lack of safe drinking water, medical
supplies and poor sanitation, WHO said in the Dec. 26 statement.

Seasonal rain that began last month and could persist until April may cause
flooding that could spread the cholera bacterium, Hartl said.

'Got to Be Ready'

"The rainy season could have a pretty substantial effect," he said.
"Everyone has got to be ready" for that possibility.

The disease is contracted by drinking water or eating food contaminated with
the pathogen. The infection often causes mild or no symptoms. About 20
percent of patients develop profuse watery diarrhea, vomiting and leg
cramps.

Without treatment, death can occur within hours, according to the U.S.'s
Centers for Disease Control and Prevention. With prompt rehydration, less
than 1 percent of cholera patients die, the CDC said.

Last year, WHO recorded 177,963 cases of cholera including 4,031 deaths. The
largest ever reported cholera outbreak occurred in Angola in 2006 and 2007,
where about 80,000 people were infected. Cases are now being reported from
all of Zimbabwe's provinces, WHO said.

Related cases of cholera have also been reported in neighboring South Africa
and Botswana as infected Zimbabweans cross borders in search of help. In
South Africa, there have been 12 deaths from 1,279 cases reported, WHO said
last week.

Zimbabwean rights activist charges abuse while in detention

http://www.monstersandcritics.com

Africa News
Dec 30, 2008, 13:35 GMT

Harare - Incarcerated top Zimbabwean human rights activist Jestina Mukuko
charged Tuesday that she had been subject to abuse while in detention after
her early December arrest.

In papers filed to the High Court demanding an end to criminal proceedings
against her on charges of plotting to topple President Robert Mugabe's
government, Mukoko said she had been blindfolded during her detention, had
been beaten, and had not received medication for more than 10 days.

Mukoko was seized early on the morning of December 3 from her home in
Norton, some 40 kilometres south-west of the capital Harare. In the papers
she filed with the court, she demanded that the people who abducted her
should be prosecuted.

'The police and the attorney-general cannot rely on the unlawful kidnapping
to have me in their custody,' Mukoko said. 'I am a victim of kidnapping. The
police are obliged to arrest the kidnappers. My kidnappers are still running
free.'

Her case was set to be heard by a High Court Judge Alpheus Chitakunya on
Wednesday. On the same day, a magistrate court is to rule on the legality of
the detention of Mukoko and 31 other activists.

Some of the activists were abducted in October and were only brought to
court last Wednesday, despite several court orders asking for their release
or that they appear in court.

Last Wednesday, a High Court judge ordered Mukoko and the other 31 detainees
to be released but police ignored the order. Defence lawyers have filed a
contempt of court lawsuit against the police.

Mukoko, 54, is the head of the group called Zimbabwe Peace Project. In her
papers filed Tuesday described that she spent 19 days without knowing where
she was.

'I was blindfolded every time I went to be driven from one place. I was
blindfolded at times to avoid indentifying the places including when I was
handed over to the police (on 24 December),' Mukoko, a former newscaster,
said.

'I was tortured. At first I was assaulted under my feet with a rubber-like
object while seated on the floor,' she said. 'Later I was asked to raise my
feet on a table and the other people in the room started to assault me ...
and that lasted at least five minutes.

'They took a break and then continued with the beatings after a few hours.
They were all visibly drunk and some had bottles of liquor,' Mukoko added.

She says the assaults started after she had denied training or recruiting
for banditry and also had denied working with the opposition Movement for
Democratic Change (MDC).

At another point in the questioning as she kept denying the charges against
her, one of the interrogators left the room, to return shortly afterwards
with gravel which he spread on the floor.

She was then ordered 'to pull up my clothes and kneel on the gravel. The
interrogation continued while on the gravel.'

She was denied medication for the first 10 days, and asked for medicines for
her allergies which were getting worse. A person identified as a Dr.
Chigumira examined her and was shocked by what he saw, 'and later I was
given medication.'

In the wake of Mukoko's abduction, MDC leader Morgan Tsvangirai has
threatened to pull out of the power-sharing deal he signed with in September
unless Mukoko and other detainees were released by the end of the year.

The power-sharing deal which will keep Mugabe as the president while
Tsvangirai becomes prime minister follows a hotly disputed presidential
run-off in June which was marred by more than 200 deaths mainly targeting
the opposition supporters.

Two year old is beaten and is now political detainee

By Violet Gonda
30 December 2008

A two year old baby boy has been held in prison with his mother for two
months and allegedly beaten by state security agents who also kidnapped his
parents over an alleged plot to overthrow the Mugabe regime.

Nigel Mutemagawu disappeared with his mother Violet Mupfuranhehwe and father
Collen Mutemagawo, plus at least 13 other MDC activists, who were all
abducted from their homes in Banket, Mashonaland West in October.

Despite police denials of involvement, lawyers found the abductees scattered
around Harare in different police stations last Tuesday. The activists
appeared in court the next day, accused of plotting to overthrow the Mugabe
regime.

On Tuesday one of the lawyers representing the political detainees,
including civic leader Jestina Mukoko, confirmed that his clients had been
beaten, including the two year old baby.

Lawyer Alex Muchadehama told SW Radio Africa that Mukoko and the mother of
the baby said they had been assaulted by the people who abducted them.
Although it is still not clear exactly who carried out the abductions, it is
believed it was the CIO.
In papers filed to the High Court Mukoko, who is the Director of the
Zimbabwe Peace Project, said she had been blindfolded so that she couldn't
identify the places she was taken to and spent 19 days without knowing where
she was.

The former broadcaster reportedly said: "I was asked to raise my feet on a
table and the other people in the room started to assault me ... and that
lasted at least five minutes. They took a break and then continued with the
beatings after a few hours. They were all visibly drunk and some had bottles
of liquor."
Meanwhile the lawyers successfully got a court order from Magistrate Mishrod
Guvamombe to allow medical doctors to treat the political and civic
activists who are being detained at Chikurubi Maximum Security Prison.

Muchadehama said the legal paperwork was issued on Tuesday and the doctors
were expected to attend to the detainees the same day. During their
detention the victims had not been taken to a hospital or been seen by a
prison doctor to ascertain what injuries they have sustained.

Muchadehama said it is difficult to get the figures of the exact number of
political detainees, as lawyers were still being denied proper access to
them, especially the male prisoners. He said so far at least 35 individuals
are confirmed to be in custody although it is believed there could be more,
as they are scattered around police stations.

The individuals are accused of recruiting or trying to recruit people to
undergo military training to overthrow the Mugabe regime. They are still
being held despite High Court Judge Justice Yunus Omerjee, ordering their
release on Christmas Eve and declaring the detention of nine individuals,
including Mukoko, illegal. The two-year-old boy was present in court but not
charged. The matter on whether they should be remanded out of custody is
expected to be heard on Wednesday.

SW Radio Africa Zimbabwe news

Lawyers Push For Arrest of Mukoko's Abductors

http://www.radiovop.com

HARARE, December 30 2008 - Detained human rights activist Jestina
Mukoko's lawyers, on Tuesday filed an urgent high court application seeking
to compel the police to arrest her abductors.

Mukoko who has been unlawfully detained for close to a month, told the
High Court that she was denied access to her relatives and children, and was
assaulted under the feet, with a rubber like object.

She says the assaults would sometimes extend over several hours, as
her kidnappers took turns to beat her.

Mukoko claims that her aductors denied her medication and only granted
her the request when she indicated that her allergies were getting worse.
She says she does not know where she was detained but had overheard one of
her abductors saying that they were at KG6 Barracks in Harare.

Mukoko is seeking her immediate release and challenging her further
detention under the same charges, prior to a full investigative report of
her kidnapping. She cites the Attorney general Johannes Tomana, Zimbabwe
Republic Police Commissioner General Augustine Chihuri and a doctor
Chigumira, who reportedly examined her while she was in the custody of her
kidnappers.

She is demanding that the commissioner general and the attorney
general disclose the identity of people who handed her to the police on 22
December and a Superintendent Magwenzi, the investigating officer in the
matter, to explain the circumstances under which he received her into his
custody.

Mukoko also wants the High Court to institute a full investigation
into her kidnapping and Doctor Chigumira to disclose who instructed him to
attend to her while she was in the custody of her abductors and where she
was being kept when he attended to her.

She indicates that she was also tortured while in police custody and
was again denied her medication. Mukoko says the respondents, who include
the attorney general and the commisioner general of police, were using
information extracted from her workmates - who were equally unlawfully
kidnapped and tortured.

The matter will be presented before Justice Chitakunye on Wednesday.

Zimbabwe charges on 'toilet bomb'

MDC officials reveal torture in police custody

http://www.zimeye.org/?p=1038

By Moses Muchemwa
Bulawayo (ZimEye)-Five MDC officials who are accused of bombing a kitchen in
a police station and a toilet in capital Harare, have revealed that they
were severely tortured by police.

The opposition members are seeking medical treatment but will remain in
custody as the Robert Mugabe regime steps up campaign against political
opponents. They were charged with terrorism, sabotage and malicious damage
at Harare Magistrates’ Court on Monday.

Harare provincial magistrate Mr Mishrod Guvamombe allowed the MDC officials
to be examined and treated by doctors of their choice while in remand
prison.

The five opposition members allegedly sneaked into Harare central police
station on 2 August and used explosives to blow up a kitchen. They were also
reportedly accused of blowing up a men’s toilet near the Harare headquarters
of the Criminal Investigation Department on 17 November.

Zimbabwe’s government has always accused the opposition MDC of violence and
two weeks ago said bandits were training in neighbouring Botswana.

The MDC scoffed at the accusations and said charges have been fabricated as
part of a government campaign of intimidation.

Tsvangirai has threatened to pull out of talks on power-sharing unless the
abduction of MDC officials stops.

Zimbabwe has been crippled by stalled power-sharing negotiations between the
MDC and ruling Zanu-PF, as well as a cholera epidemic, which has spread
quickly amid the country’s economic meltdown.

This entry was posted on Tuesday, December 30th, 2008 at 8:44 am

Irish Government approves airlift of supplies to Zimbabwe

http://www.irishtimes.com

Tuesday, December 30, 2008, 13:14

The Government has authorised the immediate airlift of emergency relief
supplies for the victims of the cholera outbreak in Zimbabwe.

The shipments, which will arrive in Harare in the next few days, consist of
water and sanitation supplies including jerry cans, buckets, soap, oral
re-hydration salts and water purification tablets.

Minister of State for Overseas Development, Peter Power activated the rapid
response mechanism of Irish Aid this morning.

Mr Power said: "These items will meet a specific request from the Irish NGO,
Goal, whose staff are doing a terrific job in responding to the cholera
crisis in Zimbabwe.

"This airlift consists of urgently required water and sanitation supplies
which will be distributed by Goal to benefit 30,000 Zimbabwean families
dealing with the current crisis".

Over 1,000 people have died in Zimbabwe as a result of cholera infection,
while a further 20,000 have contracted the illness.

Bank Clients Cry Foul

The Herald

Published by the government of Zimbabwe

30 December 2008

Bulawayo - MOST banks in Bulawayo have run out of smaller denominations, a
development that has seen some account holders failing to withdraw money as
they are being asked to bring change.

Clients intending to withdraw ammounts below $10 billion were yesterday
advised to bring change as most banks only had $5 billion and $10 billion
notes.

This has sparked an outcry from most account holders who feel the move is an
inconvenience. Some were even told to form groups of 10 so that they would
be given $5 billion which they would share out among themselves.

"We were told by the teller that they do not have smaller denominations so
he advised us to get into a group of 10 and they would give us $5 billion
and we would change the money elsewhere. However, up to now we have been
struggling to get that change. If the bank does not have it, where else can
we get it?" said Mr Nkosilathi Dube, a client.

Other account holders left the banking halls empty-handed, as change was not
available.

"This is ridiculous. I only want to withdraw $500 million and I'm told to
bring change of $9,5 billion so that they can give me a $10 billion note,
which I will also struggle to change," said another account holder.
The introduction of higher denominations has seen smaller denominations
disappearing, forcing businesses to register losses as they fail to get
change. Some people have also been failing to purchase goods from shops as
they are told that there was no change. -- Bulawayo Bureau.

Form Buying Groups to Import Basics - CCZ

The Herald

Published by the government of Zimbabwe

30 December 2008

Harare - THE Consumer Council of Zimbabwe has advised consumers to form
groups and send members to South Africa to buy basic commodities there to
counter exorbitant pricing by retailers in the country.

CCZ executive director Ms Rosemary Siyachitema said people could buy more
and save by going to South Africa where the products are cheaper.

"We keep on encouraging people to buy in groups," she said. "People need to
stretch their money to the utmost. They should go where they can stretch
it," she added.

Most retail shops in towns as well as small grocery shops in high density
suburbs and rural areas are selling goods in foreign currency and are
refusing to accept the Zimbabwe dollar.

Although the Government issued licenses to selected shops to sell in foreign
currency, the rest are doing it without the licences.

Small traders, including vegetable vendors, have also joined the bandwagon,
making life difficult for the ordinary person who does not have access to
foreign currency.

Ms Siyachitema said the CCZ continued to appeal to retailers to reduce
prices and put reasonable marks-up on imported goods.

Last month the CCZ compiled a foreign currency basket which showed shocking
differences between prices of goods in South Africa and Zimbabwe.

According to the CCZ basket, a family of six required 80 rands per month to
purchase goods in South Africa compared to 290 rands in Zimbabwe.

Ms Siyachitema noted that by forming groups and sending one member, people
would reduce costs of travelling to South Africa.

She noted that studies had shown that it was cheaper to buy as a group than
buying repackaged goods.

"It works out to be cheaper. People should not buy from third parties," said
Siyachitema.

Before dollarisation of the economy, the concept of consumer clubs had
spread in the cities with the CCZ assisting the groups to buy in bulk from
producers.--New Ziana.

Zimbabwe's deepening crisis shatters hope for change

http://www.macaudailytimesnews.com

Tuesday, 30 December 2008
by Godfrey Marawanyika*

At the start of the year, schoolteacher Calisto Mpofu dreamed that
Zimbabwe would see new leadership for the first time since independence.
But after violent and controversial elections, President Robert Mugabe
remains in power, and the daily hardships of his life have become a
nightmare.
"I hoped that the March elections were going to result in the end of
my family's financial woes, but I am now worse off than what I was in
January," said the father of three.
When Zimbabwe held its elections in March, Mpofu's town near the
Zambian border turned against Mugabe for the first time since independence
from Britain in 1980.
His district was one of the many that gave the opposition Movement for
Democratic Change (MDC) a majority in parliament for the first time, and
handed its leader Morgan Tsvangirai a victory over Mugabe.
Pro-Mugabe militants stormed through the town, beating suspected MDC
supporters. Mpofu and most other teachers at his school fled to the relative
safety of Harare, where he now eeks out a living as a trader, hawking goods
that he buys in Botswana or South Africa to sell here.
He doubts that his students still attend school. UNICEF says only 20
percent of Zimbabwean students now attend classes.
Although he has little work, he has little spare time either.
Most of his days are spent in Harare's ubiquitous queues -- waiting to
buy food, if stores have any; waiting for the single piece of currency he is
allowed each week at the bank; waiting for transportation on ramshackle
buses that rarely have enough fuel.
As a cholera epidemic sweeps the country, killing around 800 people,
he also waits for water at wells and cisterns. The city can't treat the
water regularly enough to keep the taps running, and often has no
electricity to pump it.
"We just had bread queues in January. Now we have water queues, and
there seems to be no end in sight," he said.
"I am just glad that until now, I haven't fallen ill or else that
would have meant being another statistic," Mpofu added.
Zimbabwe's government is paralysed after Tsvangirai pulled out of a
runoff election in June, accusing Mugabe's ZANU-PF party of coordinating the
violence that Amnesty International says left 180 dead -- mostly opposition
supporters.
"The run-off was just a disaster as men turned into animals, killing
each other for political power," said Benard Mangwende, a 42-year-old farmer
who survives by selling vegetables.
Mugabe, 84, declared a one-sided victory denounced by the West. The
rivals signed a power-sharing deal in September, but their talks on forming
a unity government have stalled despite repeated interventions by
neighbouring countries.
As the cholera crisis worsened, Western powers openly called for
Mugabe to step down, but neighbours like South Africa still support the
flagging negotiations.
Meanwhile, the already battered economy has accelerated its
breathtaking collapse.
Inflation was about 100,000 percent in January, but soared to 231
million percent in July, the last official estimate. Outside experts put the
rate in the trillions now.
Central bank governor Gideon Gono calls it a "casino economy", where
Zimbabweans perpetually play catch-me-if-you-can with galloping prices that
increase several times in a day.
Unemployment is at 80 percent, and with AIDS, hunger and now cholera
stalking the country, life expectancy is among the lowest in the world: 34
for women, 37 for men.
Even those lucky enough to have jobs often skip meals, while some
cycle or walk long distances to work to stretch their incomes to the next
pay day.
Simon Mundawarara, a fuel attendant in the capital, blamed both Mugabe
and Tsvangirai for failing to find a solution to the crisis and to end the
political feud that has left the country in limbo.
"At the end of the day we are just waiting, waiting for relief as if
we are waiting for the second coming of Jesus," he said. "Our politicians
both from ZANU-PF and MDC have been the biggest let down."

* AFP

Old Age Pensioners

Many pensioners have found that their
pension just stopped in February this year. Some still get theirs, but 20
thousand Zimdollars does NOT buy a whole lot! Maybe half a slice of bread.

When an elderly spouse dies, how do you pay for the funeral??? Funerals in
Zimbabwe have become a "trial by fire". Cremation is the obvious choice as
burial plots are almost impossible to find and unaffordable. But, for people
in
Harare, there is NO working crematorium so the body has to be "shipped" to
Mutare to be cremated. As with everything now, the quotation is in US
Dollars.
Both my husband and I work, but even we could NOT afford to pay 4,000.00 US
Dollars charged for a cremation now. How can a pensioner pay this??? I know
of
NO assistance with this regard!!!!!!

Zimbabwe acuses UWC professor of spying mission

From The Cape Times (SA), 30 December

Christina Taylor

A University of the Western Cape professor has been accused of conspiring
against the Zimbabwean government on the pretext of assessing the nation's
struggling healthcare system, which is under international scrutiny as the
death toll from the cholera epidemic continues to rise. And the Zimbabwean
government falsely claimed to have arrested him and three American
colleagues who were part of the investigating team. David Sanders, professor
and head of UWC's school of public health, returned last week from a
fact-finding mission concerning healthcare quality and access in Zimbabwe
having neither been arrested nor having, as the state mouthpiece Zimbabwe
Broadcasting Corporation's report claimed, "addressed several meetings on
issues pertaining to security in Zimbabwe". Sanders and two colleagues from
US-based Physicians for Human Rights were forced to leave Zimbabwe for
Zambia, after aggressive reporters surrounded Physicians for Human Rights
team members at Harare airport and demanded to know their findings. He said
the group had not publicised their human rights mission upon entering
Zimbabwe, in light of the difficulties other human rights groups had
encountered. The Zimbabwe Broadcasting Corporation's presence, and previous
warnings from colleagues, had made the situation "threatening".

The broadcasting corporation had reported last week that Sanders was one of
four "bogus physicians" travelling on behalf of Physicians for Human Rights,
with a secret mission. According to the report, the group was on a "spying
mission" to meet opposition leaders and weaken the ruling Zanu PF. The four
breached their mission and ended up holding meetings with several diplomats,
opposition political leaders, civic organisations and student
representatives." Sanders said the six-day trip to Zimbabwe had involved
only interviews with healthcare professionals and patients. Sanders said the
doctors might have met persons aligned with the Movement for Democratic
Change "but we met around health matters". He said the investigation was
political only to the extent that healthcare quality and access was affected
by the "dire" economic situation, which had left hospitals with little
equipment and many professionals unable to afford to travel to and from
work. "Our purpose was ... to offer an objective assessment of the serious
and systemic public health issues faced by the people of Zimbabwe,"
Physicians for Human Rights chief executive Frank Donaghue said.

Kaseke splashes on Kanda Bongo Man

http://www.thezimbabwetimes.com/?p=9311

December 30, 2008

By Our Correspondent

THE government of Zimbabwe has splashed a fortune in precious foreign
currency in fees paid to Kanda Bongo Man for performing at a modelling
contest to be held Tuesday night in Harare.

The Zimbabwe Tourism Authority (ZTA) has hired the ageing Congolese-born
kwasa kwasa musician to perform at a Zimbabwe Miss Tourism pageant in Harare
for a cool US$100 000. A highly placed source at the ZTA says the burly
Congolese performer, who arrived in Harare on Monday with his large
ensemble, will be the star attraction at the event to be held at the Harare
International Conference Centre (HICC).

"I am told that the US$100 000 as well as all his travel, accommodation and
incidental expenses have already been paid for," said the source who asked
for anonymity.

"Bongo Man has agreed to act as Zimbabwe's tourism ambassador to the world."

How the ZTA expects a French-speaking Paris-based musician, who is clearly
in the twilight of his music career to be effective as Zimbabwe's world
ambassador has not been explained, especially when President Robert Mugabe's
own government is in the forefront of effectively tarnishing the county's
image. Two weeks ago Mugabe announced that his government had now brought
the current cholera epidemic under control. Not only was this a gross
misrepresentation of the actual situation, more than 200 more people have
died since he spoke.

A total of more than 1 500 Zimbabweans have succumbed to the widespread
cholera epidemic over the last two months, according to the latest United
Nations figures, mainly because of lack of access to clean potable water and
lack of medical treatment.

Zimbabwe's acute shortage of foreign currency has been cited as the cause of
the serious shortage of both water treatment equipment and medicines.

The cholera epidemic coupled with the internationally disseminated
widespread kidnapping and torture of political opponents has not helped to
promote a positive image of Zimbabwe as a popular tourist destination. Some
western countries have issued warnings against travelling to Zimbabwe.

The ZTA believes, however, that it can pull a fast one as it were on the
international tourist community by engaging musicians such as Bongo Man to
woo them back.

"We have no apologies for being Africa's number one tourism destination,"
said Karikoga Kaseke, the ZTA chief executive officer at a press briefing in
Harare. "The World Tourism Authority accorded us the status and we hope
Kanda Bongo Man will make his own assessment and then spread the message. We're
not going to tell him what to say but we hope he will see the real situation
in Zimbabwe and tell the truth and the truth is the true message."

Always steeped in controversy and constantly featuring at the centre of
negative publicity in the press, the temperamental ZTA chief executive is
hardly the ideal ambassador for Zimbabwe himself. Far from questioning some
of Kaseke's more dubious decisions and actions, government ministers and top
officials regularly grace the ZTA functions with their presence. Outgoing
deputy Information Minister Bright Matonga and Mugabe's press secretary
George Charamba are regular front-row revellers.

Meanwhile, Bongo Man has urged the beauties scheduled to strut their stuff
Tuesday night for the right to represent Zimbabwe in international tourism
modelling competitions to promote Zimbabwe.

"You're now like Zimbabwean passports or an ID that you show everywhere you
go," he said in a live television broadcast. "So if you behave badly it
reflects on your country."

It is not clear whether this was a deliberate barb aimed at Kaseke. Bongo
Man then proceeded to heap praise on exiled Zimbabwe Chimurenga music guru,
Thomas Mapfumo, whom he described as a friend.

Ironically, Mapfumo was forced to flee to the United States as a result of
the Mugabe regime's political repression. He was accused of singing
subversive songs critical of the government. Two songs in particular,
Mamvemve and Marimanzara, narrated the sad story of the crumbling of the
country's once vibrant economy and the chaotic land reform programme.

Meanwhile, Bongoman and his entourage are expected to be taken on a tourism
junket to some of the country's premier but now forlorn resort areas as part
of the musician's tourism ambassadorial package.

The ZTA has brought in a stream of other international musicians and
conferred on them the dubious status of tourism ambassadors for Zimbabwe.
While they have all departed with a hefty bounty there has been no feedback
on how many tourists visited Zimbabwe as a result of their personal
intervention. Nothing tangible has materialised out of the launch of the ZTA's
so-called Perception Management Programme.

Kaseke has not responded to allegations that he could be deriving benefits
through backhanders.

Prominent among the visiting musicians were South African Kwaito stars,
Mafikizolo and Malaika as well as Mbaqanga musician, Ringo Mandlingozi.
Another Congolese Kwasa kwasa star Awilo Longomba and Jamaican reggae star,
Luciano, have also been Kaseke's guests and Zimbabwe's alleged ambassadors.

In-fact the country's image has deteriorated with tourist arrivals falling
sharply, particularly following the chaotic and violent June 27 run-off
election which left scores of main stream Movement for Democratic Change
(MDC) supporters dead, prompting the party's leader to pull out of the
election. To compound Zimbabwe's tourism problem, several foreign
journalists were arrested for operating without licences while others were
tortured while in police custody during the same period.

Bongo Man now 53, is most famous for the structural changes he implemented
to Soukous music. Wikipedia, the free encyclopedia, says the previous
approach was to sing several verses and have one guitar solo at the end of
the song. Bongo Man is credited with revolutionizing Soukous by encouraging
guitar solos after every verse and even sometimes at the beginning of the
song.

His form of Soukous gave birth to the kwasa kwasa dance rhythm where the
hips move back and forth while the hands move to follow the hips.

Despite his musical achievements Bongo Man is generally regarded as being
long past the prime of his music career.

Jestina Mukoko and the case for military action in Zimbabwe

http://www.nehandaradio.com

30 December 2008

By Doreen Mutemeri

I looked closely at the picture of Jestina Mukoko being ushered to the
Harare Magistrates court by heavily armed police support units last week. A
visibly traumatized Mukoko in a blue and red track jacket walked side by
side a policeman weilding an AK-47 rifle that was slung across his shoulder.

Lets freeze the picture there for a moment and reflect on it. The former ZBC
TV anchor now Director of the Zimbabwe Peace Project was abducted from her
home in Norton while still wearing her pyjamas early in the morning. The
ridiculous case against her is that she planned to topple Mugabe's
government by recruiting MDC insurgents.

I said lets freeze the picture there because that to me is the Zimbabwean
problem. The policeman weilding an AK-47 and ushering Mukoko to court is
exactly what has been done to the Zimbabwean population directly or
indirectly. Mugabe and Zanu PF lost the elections in March and are holding
onto power by force.

It is clear any solution has to use similar methods. How do you negotiate
with the AK-47's that are daily used to abduct innocent opposition
activists? How do you negotiate with a regime that is prepared to invent a
story about non-existent MDC military bases in Botswana? How do you
negotiate with a regime that this year alone killed over 200 people simply
because they did not support Zanu PF.

Mugabe's regime has thrived because of our passiveness. We have allowed them
to take away our collective humanity and make us the laughing stock the
world over. The MDC have had to play the game with Zanu PF becuase they are
a registered democratic political party that operates within Zimbabwe.

The fact that they have been trying to unseat Mugabe for nearly 9 years is
proof enough we are trying to use lambs to fight lions. The case for
military intervention in Zimbabwe has never been stronger. Over 1500 dead
from cholera, anthrax killing livestock and human beings, starvation, power
cuts, water cuts and political repression summarize a population held
hostage by military brute.

I have heard the argument that war will kill people but the spectacular
omission there is that more will die from starvation, disease and political
repression than will die from a military intervention. Will our African
brothers provide this, certainly not? Do Zimbabweans mind help from the
West, certainly not!

This crisis is affecting Zimbabweans and the world needs to act in the
interests of Zimbabweans and not the Zanu PF leadership. All the talk about
sovereignty means nothing. Mugabe and Zanu PF lost the elections in March so
really there is no legitimate government to talk about.

Finally, its sad Jestina Mukoko is being accused of trying to topple the
government. Which government? The one that lost elections in March? Jestina
could never recruit pick pockets to work at Mbare Musika let alone recruit
MDC insurgents to train in Botswana.

Doreen Mutemeri is a gender activist based in the United Kingdom.

Time ripe to topple Mugabe

http://www.canada.com/

Mansoor Ladha, For The Calgary Herald
Published: Tuesday, December 30, 2008
Shame on Africa's leaders that they have waited this long and have done
nothing in Zimbabwe while Robert Mugabe goes ahead with his tyrannical
regime, ignoring the plight of his people. How long are they and the
international community going to wait?

I remember the days when the Organization for African Unity used to vocalize
about white minority domination, apartheid and racism. But now in the case
of Zimbabwe, with few exceptions, Africa has remained silent. It's a
shameful lesson in African history that African leaders, usually vocal in
their denunciation of apartheid, are noticeably quiet in the case of Mugabe.

As everyone knows, the situation in Zimbabwe is worsening day by day. It
should be clear by now that after being in office since 1980, Mugabe has no
desire to give up power. Even if he loses an election, he will not yield.
The only solution there is to either assassinate him from within or to
topple him.

As far as the first solution is concerned, it would be impossible to do so
as the army is in Mugabe's pockets so there is very little that can be
expected from within. Somehow dictators always know that if they want to
cling to power, they should keep the colonels happy by supplying them with
enough lucrative goodies.
A few African leaders have criticized Mugabe openly. Among them are Kenya's
Prime Minister Raila Odinga and South African Desmond Tutu, the retired
Anglican archbishop of Cape Town, who stated that Mugabe should step down
from office. He made a lot of sense when he suggested that African nations
should even resort to military force if necessary to remove Mugabe from
office, during an interview with Dutch TV program Nova.

Another option to force Mugabe to step down, Tutu said, is to threaten him
with prosecution at the International Criminal Court. Mugabe "is destroying
a wonderful country," Tutu lamented. "A country that used to be a bread
basket . . . has now become a basket case itself needing help."

The ZANU-PF and MDC power-sharing agreement for all intents and purposes
appears to be dead. To add fuel to the political pyre, Zimbabwe's cholera
epidemic continues to spread and has now claimed more than 1,000 lives among
20,581 cases since August. The easily preventable disease has spread because
of the collapse of health services and water sanitation in Zimbabwe.

The UN World Health Organization has said the total number of cases could
reach 60,000 unless the epidemic is stopped and yet Mugabe won't allow
physicians from other neighbouring African countries the visa to enter
Zimbabwe with medicines.

The only solution, therefore, is for Zimbabwe's neighbours to get together
and invade the country. The time for discussions and debates is over. South
African ruling ANC leader Jacob Zuma has already said in a radio interview
there was no reason for sending troops to Zimbabwe. "Why military
intervention when there is no war?" he told South Africa's 702 Talk Radio.
"We should be pressurizing them to see the light."

Where are the courageous African leaders like the late president Julius
Nyerere of Tanzania, who ousted Idi Amin after recognizing that his
neighbour had become a tyrant and invaded Uganda to bring an end to the
tyrannical regime? Nyerere has set an excellent precedent for African
leaders to follow, but I see that they lack the courage that is required to
do so.

Mind you, Amin was brutal, but his regime was even better than Mugabe's as
people in Uganda were beaten, tortured, abused and hundreds were murdered,
but never did they starve to death or see the level of suffering which is to
be found in today's Zimbabwe, and yet there is no action from African
leaders.

There is still a ray of hope that some country like, Botswana, though not as
powerful as South Africa, may take the lead to invade Zimbabwe, or maybe
Zuma may be persuaded to change his mind. But the clock is ticking and
Zimbabweans are suffering and dying. Something must be done to stop that
suffering.

If Africa doesn't act, then as a last resort the international community
should take matters into its own hands. Many may not like this suggestion
but a mercenary or an international force should invade Zimbabwe and capture
Mugabe and his closest allies. An example comes to mind when in 1976,
Israeli commandos rescued 100 hostages, mostly Israelis or Jews, held by
pro-Palestinian hijackers at Entebbe airport in Uganda.

Ugandan soldiers and the hijackers were taken completely by surprise when
three Hercules transport planes landed after a 4,000-kilometre trip from
Israel. About 200 elite troops ran out and stormed the airport building.

If this is not acceptable, then the United States, saviour of all
democracies, should be persuaded when Barack Obama takes office next month
to invade Zimbabwe.

Bush invaded Iraq so why can't President Obama, the first African-American
president of the United States, authorize the invasion of an African country
(Zimbabwe) and topple Mugabe's regime? The idea doesn't seem that
far-fetched.

After Zimbabwe is invaded, Mugabe and his henchmen should be brought to The
Hague to stand trail for their crimes against the people of Zimbabwe. His
regime has not only brought destruction, but cholera, poverty, runaway
inflation, destitution and starvation--reducing the country into one of the
failed and mismanaged states. If we don't act now, history will blame us for
it.

As Martin Luther said: "We will have to repent in this generation not merely
for the hateful words and actions of the bad people, but for the appalling
silence of the good people."

Mansoor Ladha Is A Journalist Based In Calgary. He Is Author Of The Book
Entitled, A Portrait In Pluralism: Aga Khan's Shia Ismaili Muslims,
Published By Detselig.

PEACE WATCH of 28th December 2008 [Peace Project Staff and other Abductees Located]

PEACE WATCH

[28th December 2008]

The Three Abducted Zimbabwe Peace Project Staff Located

Jestina Mukoko, Broderick Takawira and Pascal Gonzo of the ZPP were located in police custody on Tuesday 23rd.

A good number of the other abductees were also reported on Tuesday to be at various Harare police stations.

Jestina, Broderick and seven others who were abducted at the end of October – Collen Mutemagau and Violet Mupfuranhehwe, their two year old son Nigel, Concillia and Emmanuel Chinanzvavana, Fidelis Chiramba and Pieta Kaseke – were brought to the Magistrates Court on Christmas Eve. [Pascal has still to be brought to court]

Jestina and the others were remanded to Harare Remand Prison. On Christmas Day they were picked up and taken to Chikurubi – the women to the female prison and the men to the maximum security prison. Subsequently the women [except Violet and her child] were also moved to maximum security.

Hearing at Magistrates Court on Monday 29th

All those remanded on Christmas Eve and who are now at Chikurubi are due to be brought to the Magistrates Court at 8.30 am Monday. Lawyers also expect a number of other abductees to be produced at the Magistrates Court on Monday – they include Gandhi Mudzingwa, Andrison Shadreck Manyere, Zacharia Nkomo, Mapfumo Garutsa, Chinoto Zulu, Regis Mujeyi and Chris Dhlamini.

Update from Chikurubi Maximum Security Prison

Lawyers were able to see Jestina and the other women briefly when they were in the female prison [but were not permitted to conduct lawyer-client interviews]. Before going into court on Wednesday Jestina Mukoko reported to the lawyers that she had been beaten. The other women all said the same. The mother of the 2-year old reported that the child had also been beaten. They have not been taken to a hospital or doctor or been seen by a prison doctor to ascertain what injuries they have sustained. The lawyers have not had access to the male prisoners and since the women were moved to maximum security were allowed no further access to them.

Update on Abductees Not Brought to Court

Abductees located by Lawyers

Police have confirmed that they have in custody: Pascal Gonzo [ZPP]; Zacharia Nkomo; Andrison Shadreck Manyere [journalist]; Chris Dhlamini; Gandi Mudzingwa; Chinoto Zulu; Regis Mujeyi; Tawanda Bvumo; Mapfumo Garutsa; Mr Makwezadzimba.

Abductees - Whereabouts still unkown

Despite several court orders for police to produce or search for the following who are also known to have been forcibly abducted to date there has been no news of them: Fanwell Tembo, Larry Gaka, Terry Musona, Agrippa Kakonda , Lloyd Tarumbwa, Gwenzi Kahiya, Lovemore Machokota, Charles Muza, Ephraim Mabeka, Edmore Vangirayi, Peter Munyanyi, Bothwell Pasipamire, Graham Matehwa, Clever Mudzingwa. It is hoped that they will be among those brought to court on Monday.

[Note: these lists are from Zimbabwe Lawyers for Human Rights reports of cases they are investigating and may not be complete. [Electronic versions of two ZLHR reports available]

Unknown Abductees

There may be other persons, as yet unknown, being unlawfully detained following abduction. This concern has been prompted by lawyers’ discovery, during their police station visits on Tuesday 23rd December, of two individuals not previously known to have been abducted.

Sequence of recent events

31 October: 14 abductions were reported in Mashonaland West.

4 November: these abductees were taken from police custody by “State Security Agents” [this was subsequently reported by police - see below]

5 November ZANU-PF accused Botswana of training MDC youths to destabilise Zimbabwe at an extraordinary meeting of SADC security ministers. Botswana denied the charges and immediately asked the SADC grouping’s Organ on Politics, Defence and Security Troika as well as the Zimbabwean government to undertake a fact-finding mission to Botswana to probe the allegations. Motlanthe, both in his role of South African President and Chairman of SADC, subsequently said he did not believe in these accusations.

11th November Lawyers secured an order from Justice Hungwe declaring the detention of the 14 abductees unlawful and ordering the police to release them immediately and that if they had charges against them to proceed by way of summons. The police failed to comply with the order. From then on the whereabouts of the abductees were unknown. [Note: the police now claim that they surrendered custody of these abductees to the “State Security Agency” on 4th November. The police failed to divulge this information to the lawyers or to Justice Hungwe.] .

25 November onwards: There was another spate of enforced disappearances/abductions: including the following: 25 November – Chris Dhlamini MDC-T security director; 3 December – Jestina Mukoko [ZPP]; 5 December – Zacharia Nkomo; 8 December – Pascal Gonzo and Brodrick Takawira [both ZPP] and Gandhi Mudzingwa [former personal assistant to MDC President]; 13 December – Andrison Shadreck Manyere [freelance photojournalist], Bothwell Pasipamire and Peter Munyanyi; 17 December – Graham Mutehwa.

There were in all an estimated 40 plus abductions. These all followed a similar pattern – witnesses reported armed personnel in a number of vehicles being seen forcing the abductee into one of the vehicles – In none of these cases were the whereabouts of the persons divulged to lawyers by police, making the cases fall into the category of enforced disappearances.

9th December: High Court Judge Gowora ordered the police [who denied she was in their custody] to search for Jestina, to work with her lawyers and report daily on their progress. This order was not complied with.

Rumours abounded that the “disappeared” were alive and were to be produced as evidence of military recruitment and training in Botswana

19 December: Tsvangirai’s ultimatum: that if the abductions did not cease immediately, and if all the abductees were not released or charged in a court of law by January 1 2009, he would be asking the MDC's National Council to pass a resolution to suspend all negotiations. The indications are that President Motlanthe then put pressure on Mr Mugabe to comply.

23 December: A number of the “disappeared” were discovered in police custody: following up information received, teams of lawyers from Zimbabwe Lawyers for Human Rights visited various police stations in and around Harare and established that at least 14 abducted individuals were being detained. The lawyers’ task tracing them was hindered by individuals and groups being moved from station to station and the lack of cooperation by officers in charge. Those “discovered” included Jestina Mukoko and both her colleagues from the Zimbabwe Peace Project and some of the abductees taken on 31st October. The lawyers were not allowed access to any of their clients. During the night police searched the home of Jestina Mukoko in Norton, and Jestina was seen with them.

24 December: 8 of the abductees appear at Magistrates Court: on the charge of contravening section 24(a) of the Criminal Law Code [recruiting persons to undergo training in Botswana in order to commit acts of armed insurgency – for detailed charge see below] and an alternative charge of incitement to contravene that section. The defence lawyers opposed the application, arguing that a remand was precluded by the illegality of their clients’ detention over several weeks [ the law states that a person can only be held by the police for 48 hours before being brought to court] and by police defiance of earlier High Court orders. The magistrate, Mr Guvamombe postponed the proceedings until Monday 29th December and ordered the “accused” to be remanded in custody until then.

24th December evening: an urgent High Court application on behalf of 32 abductees was heard by Justice Omerjee who issued a final order at 9 pm directed to the Commissioner-General of Police and Chief Superintendent Magwenzi [who had earlier told lawyers that he was responsible as investigating officer for all the abductees currently in custody]:

· to release Jestina Mukoko, Broderick Takawira and another 7 abductees who are being held under warrants of detention [listed in the Newsflash above] forthwith to the Avenues Clinic under police guard, until 29th December when they will appear at the magistrates’ court and that while in hospital, they are to have access to their lawyers and relatives.

· to release the 11 covered by Justice Hungwe’s order of 11th November – this includes the 6 [+ child] brought to court on Christmas Eve

· to release another 11 abductees [he declared their detention unlawful as they had not been arrested, but were abducted].

Justice Omerjee’s order has not been complied with.

Furthermore lawyers have now been informed by police that there is to be no access of lawyers to the “abductees”, no food to be delivered to them and no visits even by close relatives.

Details of the Charge against Jestina et al

The main charge levelled against Jestina Mukoko, Broderick Takawira [ZPP] and the other six abductees appearing in the Magistrates Court on Christmas Eve was of recruiting persons to undergo training in Botswana in order to commit acts of insurgency. They are accused of contravening section 24(a) of the Criminal Law Code – “24 Recruiting or training insurgents, bandits, saboteurs or terrorists: Any person who-(a) recruits, assists or encourages any other person to undergo training inside or outside Zimbabwe in order to commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe; ….shall be guilty of recruiting or training an insurgent, bandit, saboteur or terrorist and liable to imprisonment for life or any shorter period.” These acts are defined in section 23 as acts, accompanied by the use or threatened use of weaponry, committed for the purpose of causing an insurrection in Zimbabwe or causing forcible resistance to the Government, the Defence Forces or the Police Force. The penalty is imprisonment for life or any shorter period. [Note: this is an offence taken over from the notorious POSA – the Public Order and Security Act.] They are also facing an alternative charge which carries the same penalty: contravening section 187(1)(b) of the Criminal Law Code as read with section 24(a), which accuses them of incitement to recruit persons to undergo training, etc.

Bail Application may have to go to the High Court

The offence charged is specfied as a serious charge for which the Magistrates Court cannot grant bail without the personal consent of the Attorney-General [Criminal Procedure and Evidence Act, section 116, proviso (iii), as read with Third Schedule, Part I]. If that consent is not given, an application for bail will have to be made to the High Court, and the accused persons will have to produce evidence to satisfy the judge “that exceptional circumstances exist which in the interests of justice permit his or her release” [Criminal Procedure and Evidence Act, section 117(6)(a)].

This is why it is so important that the lawyers win their argument that they should not be put on remand. The lawyers basic argument is that the State is not coming to court with clean hands. Basic constitutional rights have been breached. Their “arrests” did not conform to legal requirements [according to witnesses they were armed abductions]; they have been held for weeks over the legal 48 hour period. Unfortunately the lawyers’ consensus is that the State will not listen to the justice of their argument.

The police were uncooperative and denied knowledge of their whereabouts; lawyers had to search from police station to police station. In the Magistrates Court hearing on Wednesday the prosecutor tried to excuse the police by saying the abductees had been taken from the police by state security agents. But, according to Zimbabwean law only the police have powers to keep people in detention after an arrest has been effected. They should not surrender people in their custody to agents who do not have the legal power to detain persons. The police have also quibbled over court orders to search for abductees, claiming that they could not look for them if they were in the hands of state security or the military. This is incorrect. The police have the power under their Constitutional responsibility to enter all premises in Zimbabwe, including military and CIO premises, in the course of investigations. The UN Declaration on enforced disappearances states that “competent national authorities shall have access to all places where persons deprived of their liberty are being held and to each part of those places, as well as to any place in which there are grounds to believe that such persons may be found.”

The accuseds’ right to a prompt and effective judicial remedy as a means of determining their whereabouts or state of health was denied. In some cases there were inexplicable delays in hearing urgent court applications. Seven High Court orders have been flouted. The accuseds’ rights to have access to lawyers and medical assistance were not respected, and there is also the likelihood they may have been beaten and tortured during this time in order to extract “confessions”.

As well as contravening the Zimbabwe Constitution and law all this has been a flagrant violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and reaffirmed and developed in other international instruments, in particular the African Charter of Human and Peoples Rights.

Zimbabwe’s Culture of Impunity

Impunity means freedom or safety from punishment, from the consequences of one’s actions. This week’s developments relating to the persons abducted over the past two months provide another striking illustration of the extent to which a culture of impunity has become entrenched in Zimbabwe. There has been breathtaking disregard for the constitutional and legal rights of the abductees by the police and State Security agents. High Court orders issued to enforce and protect those rights have been ignored. Those responsible for the abductions have acted with impunity, confident that they enjoy freedom to break the law without ever having to suffer the consequences – that the government will protect them – that they will not be held accountable, will not be disciplined, arrested, prosecuted, sued for damages.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Tsvangirai could be on way back home