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JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUE - December 3, 2003

Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

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Herewith the controversial proposed LA Amendment Bill 2003 publicised in
The Herald on Monday December 1 2003.  This Bill has not yet been passed
into law and is to be debated in parliament shortly (9 December - ) and
presumably scrutinized by the Parliamentary Legal Committee with regard to
its questionable constitutionality prior to being passed into law.

JAG's Legal Advisors are already scrutinizing this Bill and resultant legal
opinion as to how to proceed will be forthcoming.

H.B. 15, 2003
LAND ACQUISITION AMENDMENT BILL, 2003
MEMORANDUM

This Bill will amend the Land Acquisition Act [Chapter 20:10] ("the
principal Act") principally to repeal those provisions relating to offers
of land in substitution for land to be acquired for resettlement purposes.
The opportunity will also be taken to make certain declaratory provisions
concerning the application of the Land Reform Programme.

Clause 1
This clause sets out the Bill's short title.

Clause 2
The first step in the compulsory acquisition of land under the principal
Act is for the acquiring authority (usually the State) to serve a
preliminary notice of acquisition on the owner of the land.  Under section
5(1) (b) of the Act, a preliminary notice is required to be served
personally upon the owner of the land to be acquired and the holder of any
other registered real right in that land.  This provision has proved
difficult to implement under the Land Reform Programme, because often the
owner no longer occupies the land and cannot otherwise be located.
Accordingly, in respect only of agricultural land required for resettlement
purposes, publication in the Gazette of a preliminary notice will be deemed
to constitute service of notice in writing upon the owner of the land to be
acquired and the holder of any other registered real right in that land.
The opportunity is also here taken to align the penalty provisions
contained section 5 (8) of the principal Act with the system of levels of
fines enacted under the Criminal Penalties Act, 2001.

Clause 3
This clause seeks to repeal sections 6A and 6B of the principal Act, which
provide for offers of land in substitution for land to be acquired for
resettlement purposes.

Clause 4
This clause amends section 7 of the principal Act by providing that, in
respect of agricultural land required for resettlement purposes, the
publication in the Gazette of notice of an application authorising or
confirming an acquisition order, and particulars of where and the time
within which any related documentation may be collected by the owner of the
land to be acquired and the holder of any other registered real right in
that land, shall be deemed to constitute sufficient service of the notice
of the application upon the owner and any other party concerned in the
application, The reasons for this measure are the same as those stated
under clause 2.

This clause further amends section 7 of the principal Act by providing that
the Administrative Court will have original jurisdiction to hear
applications by landowners to review the propriety of the decisions or
proceedings of the acquiring authority.  Presently, such applications are
heard in the High Court by virtue of its general review jurisdiction.

Clause 5
This amends section 8 of the principal Act to the end that an acquisition
order relating to agricultural land required for resettlement purposes is
effective from the date of its publication in the Gazette.

Clause 6 and Schedule
The opportunity is here taken to align the penalty provisions contained in
the principal Act with the system of levels of fines enacted under the
Criminal Penalties Act, 2001.

Clause 7
The repeal of the Land Acquisition (Offers of Land in Substitution for Land
to be Acquired for Resettlement Purposes and Related Matters) Regulations,
2001, follows consequentially upon the amendment made under clause 3.

Clause 8
This clause will repeal the Hippo Valley Agreement Act [Cap. 20:08],
enacted in 1964.  It is further provided that where the State intends to
compulsorily acquire any land let or sold under the agreement set out in
the Schedule to that Act, it may do so in accordance with the provisions of
the principal Act relating to the acquisition of agricultural land required
for resettlement purposes.

Clause 9
This declaratory provision declares that the criteria listed in the Land
Reform Programme for the acquisition of agricultural land required for
resettlement purposes are non-binding, as already provided in that
Programme.  It also declares that, as stated in that Programme, the total
hectarage of agricultural land for resettlement purposes projected for
compulsory acquisition under that Programme is the minimum hectarage only.
Accordingly, the State is not barred from compulsorily acquiring
agricultural land for resettlement purposes in excess of such hectarage.

PRESENTED BY THE MINISTER OF LANDS, AGRICULTURE AND
RURAL RESETTLEMENT

BILL
To amend the Land Acquisition Act [Chapter 20:10]; to repeal Hippo Valley
Agreement Act [Chapter 20:08]; to make certain declaratory provisions
respecting the Land Reform Programme; and to provide for matters incidental
thereto.

ENACTED by the President and the Parliament of Zimbabwe.

1 Short title
This Act may be cited as the Land Acquisition Amendment Act, 2003.

2 Amendment of section 5 of Cap. 20:10

(1) Section 5 ("Preliminary notice of compulsory acquisition") of the Land
Acquisition Act [Chapter 20:10] (hereinafter called "the principal Act")
is amended¾

 (a) in subsection (1) by the insertion of the following proviso to
paragraph (b)¾
"Provided that in respect of agricultural land required for resettlement
purposes the publication of a preliminary notice in the Gazette and once a
week for two consecutive weeks (commencing on the day on which the notice
in the Gazette is published) in a newspaper circulating in the area in
which the land to be acquired is situated, shall be deemed to constitute
service of notice in writing on the owner of the land to be acquired and
the holder of any other registered real right in that land.";

 (b) the repeal of paragraphs (a) and (b) of subsection (8) and the
substitution of ¾
 "(a) a fine^×
 (i) equivalent to so much of the amount of the prejudice caused to the
land in relation to the purpose for which it is to be acquired as is
ascertainable in monetary terms; or
 (ii) not exceeding level ten;
  whichever is the greater amount; or

 (b) imprisonment for a period not exceeding two years;
or to both such fine and such imprisonment.".

(2) Section 5 of the principal Act, as amended by paragraph (a) of
subsection (1), shall be deemed to have come into operation on the 23rd
May, 2000.

3 New section substituted for sections 6A and 6B of Cap. 20:10

(1) Sections 6A ("Circumstances under which owner may offer land in
substitution for, or in lieu of the acquisition of, land to be acquired for
resettlement purposes") and 6B ("Circumstances under which owner may
subdivide land to be acquired for resettlement purposes") of the principal
Act are repealed.

(2) The repeal of sections 6A and 6B of the principal Act by subsection
(1) shall have the effect of cancelling the acceptance of every offer of
the whole or any portion of agricultural land required for resettlement
purposes as defined in the principal Act, including any such offer which,
before the commencement of this Act, was confirmed by the Administrative
Court after the owner had initially objected to the proposed acquisition in
terms of section 5 of the principal Act.

(3) The fact that¾
 (a) any land was offered in substitution for agricultural land required
for resettlement purposes; or
 (b) any portion of agricultural land required for resettlement purposes
was offered in substitution for the whole of such land;

whether in terms of section 6A or 6B of the principal Act or otherwise,
shall not constitute valid grounds for an objection to the compulsory
acquisition of the whole or part (as the case may be) of the agricultural
land required for resettlement purposes, nor shall it form the basis of any
claim or right in law.

4 Amendment of section 7 of Cap. 20:10

Section 7 ("Application for authorising or confirming order where
acquisition contested") of the principal Act is amended¾

 (a) in subsection (3) by the insertion of the following proviso¾
"Provided that in respect of agricultural land required for resettlement
purposes¾

 (a) the publication in the Gazette of a notice of the application and
particulars of where and the time within which any related documentation
may be collected by the owner of the land to be acquired and the holder of
any other registered real right in that land shall be deemed to constitute
sufficient service of the notice of the application upon the owner and any
other party concerned in the application;
 (b) it shall not be necessary for the purposes of proviso (i) to identify
by name the holder of any registered real right in the land who is not the
owner of the land.";

 (b) by the insertion after subsection (3) of the following subsection¾

"(3a) The Administrative Court shall have jurisdiction in the first
instance to hear and determine any application (whether or not made at the
same time as the application for an order referred to in subsection (1)) to
review the proceedings and decisions of the acquiring authority on any of
the grounds specified in section 27 of the High Court Act [Chapter 7:06],
and may exercise in relation to such application the same powers that the
High Court has on review of civil proceedings or decisions.".

5 Amendment of section 8 of Cap. 20:10
Section 8 ("Vesting of land, taking of materials and exercise of rights
over land") of the principal Act is amended in subsection (1) by the repeal
of proviso (iii) and the substitution of^×
 "(iii) in the case of agricultural land required for resettlement
purposes, the acquiring authority shall acquire the land concerned by
notice in the Gazette specifying^×
 (a) the land that is being acquired; and
 (b) the name of the registered owner of such land.".

6 Amendments of penalties in and minor amendments to Cap. 20:10
The provisions of the principal Act specified in the first column of the
Schedule are amended to the extent specified opposite thereto in the second
column of the Schedule.

7 Repeal of S.I. 346 of 2001
The Land Acquisition (Offers of Land in Substitution for Land to be
Acquired for Resettlement Purposes and Related Matters) Regulations, 2001,
published in Statutory Instrument 346 of 2001, are repealed.

8 Repeal of Cap. 20:08
(1) The Hippo Valley Agreement Act [Cap. 20:08] (hereafter in this section
referred to as "the repealed Act") is repealed.
(2) For the avoidance of doubt it is declared that the State may, in terms
of the principal Act, compulsorily acquire as agricultural land required
for resettlement purposes any land let or sold under the agreement set out
in the Schedule to the repealed Act.

9 Declaratory provisions respecting application of the Land Reform
Programme
(1) In this section^×
 (a) the term "Land Reform Programme" means the Land Reform and
Resettlement Programme and Implementation Plan (Phase 2), published in
April, 2001 (as re-issued and amended from time to time), in connection
with the programme of acquiring agricultural land for resettlement purposes
which commenced under the terms of the principal Act on the 23rd May, 2000;
 (b) any word or expression to which a meaning has been assigned in any
provision of the principal Act shall have the same meaning when used in
this Act.
(2) For the avoidance of doubt it is declared that^×
 (a) the criteria listed in the Land Reform Programme for the acquisition
of agricultural land required for resettlement purposes are not binding on
the acquiring authority; accordingly the fact that the land to be acquired^×
 (i) is a plantation farm engaged in large-scale production of tea, coffee,
timber, citrus fruit, sugar cane or other plantation crops;
 (ii) is an agro-industrial property involved in the integrated production,
processing or marketing of poultry, beef and dairy products and
seed-multiplication;
 (iii) is within an export processing zone or operates under a permit
issued by the Zimbabwe Investment Centre;
 (iv) is an approved conservancy;
 (iii) is the only piece of land belonging to the owner;
  shall not constitute valid grounds for any objection to the compulsory
acquisition of the land nor shall such criteria form the basis of any claim
or right in law;
 (b) the total hectarage of land required for resettlement purposes
specified in the Land Reform Programme is indicative only of the minimum
hectarage of such land; accordingly, the acquiring authority is not
prevented by that Programme from acquiring land in excess of the hectarage
so specified.

(3) For public information it is declared that the State intends to
acquire not less than eleven million hectares of agricultural land for
resettlement purposes in terms of the Land Reform Programme.

SCHEDULE (Section 6)
AMENDMENT OF PENALTIES AND MINOR AMENDMENTS
Provision Extent of amendment
Section 8 (7) By the deletion of "twenty thousand dollars" and the
substitution of "level eight".
Section 9 (1) (b) and proviso (ii) thereto and (2) By the deletion of "one
hundred thousand dollars" and the substitution of "level eight".
Section 10 (1) (a) By the deletion of "or, where no such order was required
in terms of proviso (iii) to that subsection, written confirmation to that
effect".
Paragraph 9 of Part I of the Schedule By the deletion of "tailers" and the
substitution of "trailers".

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AG OPEN LETTER FORUM

Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

Please send any material for publication in the Open Letter Forum to
justice@telco.co.zw with "For Open Letter Forum" in the subject line.

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Letter 1.  JAG Open Letters Forum No. 197 dated 02 December 2003

Dear Jacquie Gulliver

You are obviously very sensible and absolutely right, we are all DIFFERENT
which is why I said I would not get into a religious debate with MGBYDA (or
anyone else, for that matter).  I am very tolerant - I have Catholic,
Anglican, Jewish, Buddhist, Muslim, Mormon, atheist, agnostic and
other friends.  What I initially objected to was MGBYDA's intolerance!

Have a good day and may your god go with you.

Debbie Graham

PS.  Dear Chris - I think you got a worse telling off than I did!!

Letter 2. JAG Open Letters Forum No. 197 Dated 02 December 2003

I refer to the ' Open Letter to Simon Spooner'

I hope and I believe that the situation in regards to 'policy' is not as
bleak as Dave Joubert paints it.

In all of the discussions that I have had with MDC leaders one salient
point stands out. That is the absolute commitment to law and order and to
justice. The statements have been unequivocal on this central issue.
Wherever laws have been broken or atrocities committed, the perpetrators
will be required (in the fullness of time) to receive the due penalties of
their actions.

However, in regard to the need for firm and decisive leadership and for
resolute action; in those respects I have to agree with Dave Joubert.

Sincerely

Rob Gass

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All letters published on the open Letter Forum are the views and opinions
of the submitters, and do not represent the official viewpoint of Justice
for Agriculture.

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VOA

Rights Groups Fear Zimbabwe Political Violence Increasing
Peta Thornycroft
Harare
03 Dec 2003, 17:25 UTC

Statistics released by human rights monitors this week show that, while
random violence in Zimbabwe is down, arrests and torture of political
opponents has increased dramatically.
According to medical officials and human rights workers, 14 people needed
hospital treatment during the weekend parliamentary bi-election to fill a
vacant seat in the town of Kadoma, a two-hour drive southwest of Harare.

The victims told human rights monitors they had been tortured by an
organized group of ruling Zanu-PF supporters. The ruling party ended up
winning the off-year election by a wide margin, taking the seat away from
the opposition Movement for Democratic Change.

Human rights workers compiling statistics from hospital records and
complaints say the pattern of violence has changed since the presidential
elections in March of 2002.

The Human Rights Forum reported that, compared with the same period last
year, the number of random torture cases dropped by half to 500 through
November.

But, a leading human rights activist, who asked not to be named, said
Wednesday torture of targeted victims for political reasons has increased
dramatically.

"These days victims are usually political leaders within their communities,"
he said. Most of them have been tortured frequently." He told VOA that last
year before the presidential election, torture was often random. Now, he
said, the authorities appear to have lists of people who they will arrest in
specifically targeted areas.

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Press Release No. 03/210
December 3, 2003

International Monetary Fund
700 19th Street, NW
Washington, D.C. 20431 USA

IMF Initiates Compulsory Withdrawal Procedures for Zimbabwe

The Executive Board of the International Monetary Fund (IMF) today reviewed
Zimbabwe's overdue financial obligations to the Fund and decided to initiate
the procedure on the compulsory withdrawal of Zimbabwe from the IMF, after
having determined that Zimbabwe had not actively cooperated with the IMF.
The IMF regrets that the authorities have not adopted comprehensive and
consistent policies needed to address Zimbabwe's serious economic problems.
Economic and social conditions in Zimbabwe have continued to deteriorate
during 2003. GDP has declined by about 40 percent during 1999-2003, and
inflation rose to 526 percent in October 2003, fueled by monetary expansion
and a depreciating parallel market exchange rate. Poverty and unemployment
rates have continued to rise, Zimbabweans suffer from one of the highest
HIV/AIDS infection rates in the world, and the population faces shortages of
basic products, including fuel and medicines. The adverse effects of the
land reform and a drought left two-thirds of the population in need of food
aid in 2002/03, and no significant improvement is expected in the remainder
of 2003/04. The World Food Program has appealed for food aid for Zimbabwe,
but pledges up to this point meet less than half of the estimated
requirements through April 2004.
Executive Directors urged the authorities to strengthen cooperation with the
Fund and to adopt a comprehensive adjustment program that would arrest and
reverse Zimbabwe's continuing economic decline. The IMF staff stands ready
to continue assisting the authorities in this endeavor. The Executive Board
will review Zimbabwe's overdue financial obligations to the IMF again within
six months or at the time of the Executive's Board consideration of the 2004
Article IV consultation with Zimbabwe, whichever is earlier.
Background
Zimbabwe has been in continuous arrears to the IMF since February 2001. As
of end-November 2003, Zimbabwe's arrears to the IMF amounted to SDR 187.0
million (US$273 million), or about 53 percent of its quota in the IMF. Of
the total amount of arrears, SDR 75.6 million (US$110 million) was overdue
to the Poverty Reduction and Growth Facility (PRGF) Trust. Zimbabwe is the
first and only country to have protracted overdue obligations to the PRGF
Trust. Zimbabwe has made only minor payments to the IMF since June 2003, at
the time of the Executive Board's last review, and as a result, its arrears
have increased further.
The initiation of the procedure on the compulsory withdrawal from the IMF is
one in a series of escalating measures that the IMF applies to members that
fail to meet their obligations under its Articles of Agreement. On September
24, 2001, Zimbabwe was declared ineligible to use the IMF's general
resources and was removed from the list of countries eligible to use
resources under the PRGF (see Press Release No. 01/40). On June 13, 2002,
the Executive Board adopted a declaration of non-cooperation with respect to
Zimbabwe and suspended technical assistance to the country (see Press
Release No. 02/28). On June 6, 2003, the Executive Board suspended the
voting and related rights of Zimbabwe in the IMF (see Press Release No.
03/80). While today's decision has no immediate effect on Zimbabwe's
standing in the IMF, it starts a process which could ultimately result in
the compulsory withdrawal of the country from the IMF. During this process,
Zimbabwe will have ample opportunity to improve its cooperation with the IMF
with the aim of addressing the economic decline in the country and resolving
its overdue financial obligations.

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africaonline

        Analysts condemn Mugabe's speech
      Staff Reporter
      HARARE, 4 December 2003
      Zimbabwean president’s rhetoric wins few supporters.

      HARARE: Analysts have described the state of the nation address of
Zimbabwe's President Robert Mugabe as the kind of rhetoric that Zimbabweans
have become used to. Mugabe pledged to weed out corruption, as part of
government efforts to lift the country's battered economy out of its fifth
year of recession.

      He also took the opportunity to lash out at the Commonwealth. Last
week, Mugabe indicated that Zimbabwe was ready to quit the international
body, after he was left out of this week's summit in Nigeria.

      Mugabe described as positive the situation in his country and has
defended the land reform program. Mugabe says the current food shortages are
the result of the drought and fiscal difficulties. He has accused the
private sector and traders of taking gold and foreign currency out of
Zimbabwe. Mugabe has also set his sights on trade in the East and pursued
his attack on the Commonwealth. -SABC/BBCRADIO

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Mail and Guardian

Cold comfort for Mugabe's 'zombies'

      Harare

      04 December 2003 08:39

Right up to the last moment, Zimbabwean President Robert Mugabe appeared to
be keeping up his hopes that he might be invited to the Commonwealth Heads
of Government Meeting in Abuja, Nigeria this weekend.

That the Commonwealth summit would coincide with the annual conference of
his ruling Zanu-PF party did not bother Mugabe two weeks ago.

"We look forward to participating at Abuja," he said brightly, a week
before.

Nigerian President Olusegun Obasanjo announced last week that the Zimbabwean
leader would not be invited, after finding no evidence that Mugabe had
carried out any reforms to meet the Commonwealth's principles of democracy
and governance.

The Zanu-PF annual conference, a three-day meeting of 3 000 rank-and-file
supporters, was always opened by Mugabe on the Friday of the weekend on
which it was held. This year, however, party officials had hinted he might
speak instead on Thursday -– an arrangement which would allow him to deliver
his speech and head off to Abuja, in case Obasanjo relented at the last
moment.

Reports from travel agents that domestic flights from Harare on Thursday and
Friday had been reduced without explanation added fuel to speculation. One
of Air Zimbabwe's few remaining aircraft was on standby for Nigeria, they
suggested.

However, no official comment was available on what might well be a couple of
coincidences.

Nor was there any hint from Abuja that Mugabe would be diverted from
rallying the party faithful at the conference in the southern town of
Masvingo.

A year since the last party conference, inflation had surged to 526%, gross
domestic product was estimated to have shrunk nearly 20%, over five-million
Zimbabweans were in the grip of a second year of famine and Zimbabwe had
become number 112 in a list of 133 of the world's most corrupt nations.

Only two weeks ago, similar conditions saw thousands of Georgians take to
the streets of Tbilisi and drive out long-standing president Eduard
Shevardnadze. Professor Eliphas Mukonoweshuro of the University of
Zimbabwe's politics department said: "It's a long shot to expect any kind of
autonomous revolt. They're like a pack of zombies. Everything that the
'great leader' says will be cheered by all the delegates."

In the 23 years since he came to power in 1980, he said, Mugabe has got rid
all of the old generation of black nationalist politicians who were his
peers in the resistance against white minority Rhodesian rule, when the
party had a tradition of open debate and public criticism of its leaders.

The wealthy, corrupt ruling hierarchy around Mugabe now were all
beneficiaries of his patronage, said Mukonoweshuro. "They are nothing
without Mugabe. If there was a revolt and they got rid of him, they would
lose everything they have -- including his protection, and some of them
would probably go to jail.

"How can you expect Mugabe's own creations to stand up to him?"

This week, the chances of any important debate neutralised in advance. On
Monday, ruling party spokesperson Nathan Shamuyarira announced that the
conference "will not discuss the issue of succession," local shorthand for
Mugabe's retirement and the choice of his replacement.

Every previous conference since Mugabe approached retirement age had been
preceded by almost identically worded bans by Shamuyarira on such talk.

On Tuesday, Mugabe delivered his annual state-of-the-nation address which
had television viewers wondering which country he was talking about.

"Corruption and dishonesty will not be tolerated," he intoned, a day after
political intervention reversed the eviction of a senior party official from
a white-owned farm he had grabbed for himself.

There would be "rational management" of prices of basic commodities, an echo
of the "fine-tuning" to prices of basic commodities he promised at last
year's annual conference. Fourteen new post offices had been opened this
year, he said, without a word on the strike that has stopped all postal
deliveries for the last three weeks.

"The conference is a non-event. You are not going to get any decisions that
will have any effect on the situation. The problem with Zimbabwe is
political, not economic," said Mukonoweshuro. - Sapa

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Christian Science Monitor

from the December 04, 2003 edition

      Commonwealth snub of Mugabe a good start on regime change

      By Robert I. Rotberg

      CAMBRIDGE, MASS. – Robert Mugabe, the much reviled president of
Zimbabwe, has at last been barred from this weekend's Commonwealth summit.
      Doing so strengthens the political and moral relevance of the group of
54 nations (Britain and its former dominions and colonies, nearly all of
which are African). Symbolically, doing so also undercuts Mr. Mugabe's
legitimacy, and strengthens the forces favoring regime change in Zimbabwe.

      Excluding Mugabe recognizes the great harm he has wreaked on his own
people, on southern Africa, on human rights, and on the image and meaning of
democracy in the Commonwealth and in Africa. The decision to prevent
Zimbabwe's participation in the summit reflects pressure put on President
Olusegun Obasanjo, the summit's host, by Britain and Australia. His decision
has prevented a boycott of the meeting by Queen Elizabeth and the heads of
government in Britain, Canada, Australia, New Zealand, and several other
Pacific nations, and thus enabled the Commonwealth to continue to function
as a critical assembly of English-speaking countries across the globe.

      The decision also delivered a rebuke to President Thabo Mbeki,
Mugabe's most outspoken defender and his main protector in the Commonwealth,
and could presage Zimbabwe's complete ouster from the club. Mr. Mbeki has
tried to pit African members of the Commonwealth against non-African
members, but that battle has now been lost. For the past 18 months,
Zimbabwe's membership has been suspended, but that suspension hardly changed
Mugabe's methods at home.

      Under Mugabe's autocratic leadership from 1980 until the late 1990s,
Zimbabwe boasted a prosperous economy based on agriculture and mining;
excellent race relations between the 12-million strong African majority and
100,000 whites, a handful of whom dominated the cultivation of commercial
crops and employed 400,000 African farm workers; domestic peace; a strong
judiciary; and a political system that Mugabe controlled but that observed
most of the usual democratic norms.

      Since 1998, because of Mugabe's increasingly corrupt and capricious
rule, however, his dispatch of 11,000 soldiers into the Congo, and attacks
on the commercial farming mainstay of the country, Zimbabwe's economy has
collapsed. About half of all Zimbabweans now go hungry, and widespread
starvation is likely in the months to come because of the destruction of
farming incentives and the lack of gasoline and diesel fuels. Annual
inflation is running about 900 percent, the country has exhausted almost all
of its foreign-exchange reserves, 80 percent of adult Zimbabweans are out of
work, AIDS is devouring the working class and driving life expectations to
under 35 years, hospitals and schools no longer function, and the government
regularly issues bizarre decrees that only worsen the economic and financial
mess.

      Mugabe allegedly rigged the parliamentary elections of 2000 (which his
party nevertheless only won narrowly) and last year's presidential poll.He
has discharged a raft of independent and honest judges and replaced them
with hacks. His henchmen bombed and then recently shut down the nation's
only independent daily newspaper. There are no independent TV or radio
stations.

      Nearly 300 political opponents have been killed this year, and their
followers deprived of internationally donated food. The leader of the main
opposition party is being tried on a trumped-up charge of treason, mainly
for contesting the presidential election against Mugabe.

      Regime change could be accomplished with ease - with African and
international effort.

      President Bush and Secretary of State Colin Powell have asked Mbeki to
abandon several years of quiet diplomacy and constructive engagement and
forthrightly to condemn Mugabe and the harm that he has inflicted on his
people and on Africa's image.

      There are a number of things Mbeki could do besides exerting his moral
authority. South Africa could cut off neighboring Zimbabwe's access to
electric power and imported petroleum. Mbeki could delegitimize Mugabe (as
has the Commonwealth) by ousting Zimbabwe from the Southern African
Development Community, or from the African Union, and by speaking out. He
could intervene militarily - and there are precedents for doing so in
Africa, such as Tanzania invading Uganda in 1979 to oust Idi Amin, or the
West African military intervention in Liberia and Sierra Leone in the 1990s
to put down insurgencies.

      But Mbeki refuses to chastise his fellow African head of state. Today,
Zimbabwe's main exports are the hordes of people fleeing across borders to
neighboring countries. Millions now work or try to work illegally in South
Africa or Botswana. The economic and political prospects of South Africa
itself are thus undermined by Mbeki's inexplicable refusal to act.

      The Commonwealth has a chance to stiffen Mbeki's resolve, and to
promise material and military support if South Africa removes Mugabe, averts
further chaos, and thus helps to return Zimbabwe to democratic rule. Respect
for Africa, assistance from the G-8 nations and the Commonwealth, and the
future of its peoples await positive decisions in Abuja.

      • Robert I. Rotberg is president of the World Peace Foundation and
director of the intrastate conflict program at the Belfer Center at
Harvard's John F. Kennedy School of Government.

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Reuters

Canada Floats Commonwealth Compromise on Zimbabwe
By Randall Palmer

TENERIFE, Canary Islands (Reuters) - Faced with deep divisions in the
Commonwealth over whether to end Zimbabwe's suspension from the group,
Canada will propose a compromise intended to keep the country under close
watch, a senior Canadian official said on Wednesday.

The official, traveling in Prime Minister Jean Chretien's plane en route to
this week's Commonwealth summit in Nigeria, said Canada favored maintaining
the suspension for now but wanted to set up a mechanism whereby Zimbabwe
would not have to wait until the next summit in two years to rejoin.

"No, we're not ready to lift (the suspension). We haven't seen any real
positive developments. But let's not wait for another two years before we
readdress the issue at the next (summit)," the official said.

Zimbabwe was suspended from the 54-nation grouping of mainly former British
colonies last year after President Robert Mugabe was accused of rigging his
own reelection.

Mugabe has not been invited to the Dec. 5-8 summit in the Nigerian capital
Abuja, but the issue of how to deal with the southern African country, its
collapsing economy and political domestic turmoil is sure to dominate the
meeting. Harare has suggested it might quit the Commonwealth.

"We cannot just go to Abuja and say, 'OK, they're suspended for two years'.
We have to put more pressure so that there will be progress," the Canadian
official said.

"And for them (the Zimbabweans), if this is what they wish, there will be
some hope of being reinstated before the next (summit in 2005)."

The compromise would involve assigning some sort of group to monitor
Zimbabwe carefully and report back to the Commonwealth leaders in six months
or a year.

This could involve a troika of Commonwealth leaders, or a committee of "wise
men" or the Commonwealth Ministerial Action Group, which is a group of eight
foreign ministers charged with ensuring member states uphold the Harare
Declaration, which committed the grouping to democratic principles.

Britain said on Monday it would urge fellow Commonwealth members to keep up
pressure on its former colony by maintaining a punitive suspension of
Mugabe's government at the summit.

Mugabe accused Britain, Australia and New Zealand on Tuesday of forging an
"unholy alliance" against him, a charge that Chretien firmly rejected.

"It's not an alliance...you respect the Harare Declaration, and (you) will
be invited (to leaders' summits)," he told reporters on the plane.

He also said at one stage, the idea of Zimbabwe allowing opposition parties
into the government had been discussed.

"If it were to occur, they could qualify again (for full Commonwealth
membership), perhaps, I don't know," he said.

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Sunday Times (SA)

Zanu-PF summit to look at economy

Thursday December 04, 2003 07:06 - (SA)

MASVINGO - He may not be among Commonwealth leaders meeting in Nigeria this
week, but Zimbabwean President Robert Mugabe will be the centre of attention
at his party's annual conference.

Around 3,000 delegates of the ruling Zimbabwe African National
Union -Patriotic Front (Zanu-PF) will start gathering today for the
three-day conference in the southern town of Masvingo, a party stronghold.
The official opening by Mugabe is scheduled for Friday.

Issues such as Zimbabwe's deepening economic crisis - inflation is above
500% and rising - and the controversial land reform programme are expected
to be discussed.

Not on the agenda of the conference, however, will be Mugabe's exit from
office. The topic of the 79-year-old leader's possible retirement had been a
subject of hot debate ahead of the conference.

Party secretary for information and publicity Nathan Shamuyarira on Monday
said "succession issues" would be discussed at a congress next year, four
years before the next presidential election due in 2008.

Mugabe is instead expected to use the conference to attack his country's
international isolation, including its 20-month suspension from the
Commonwealth.

The conference coincides with the December 5-8 Commonwealth Heads of
Government Meeting (CHOGM) in the Nigerian capital Abuja, to which Mugabe
has not been invited.

The Zimbabwe leader last week threatened to quit the 54-member grouping of
mainly former British colonies.

Zimbabwe was suspended from the Commonwealth in March last year following
Mugabe's disputed re-election, and last week Nigerian President Olusegun
Obasanjo said Mugabe would not be invited to this week's summit.

At last year's conference Mugabe warned that he would respond to alleged
Western hostility against his government by ratcheting up hostility against
whites in the southern African country.

Relations between Zimbabwe and former colonial power Britain have soured in
recent years after Mugabe's government embarked on a campaign to seize
white-owned farms for redistribution to landless blacks.

"The more they (western countries) work against us, the more they express
their hostility against us, the more negative we shall become to their kith
and kin here," Mugabe said.

Mugabe said countries aligning themselves with Britain in an international
anti-Zimbabwe drive would be recognised as "our enemies like we recognise
Britain as our enemy".

There is nothing to suggest he will change his tune this year.

This week Mugabe took a swipe at some unnamed "apologetic" African leaders
whom he accused of betraying an African brother.

"There are others who are apologetic about our nationalism. thers who fear
to be complete Africans, hesitate to express solidarity with us," Mugabe
said.

It was not clear if he was referring to Obasanjo.

AFP
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BBC
 
African elephant numbers puzzle
By Alex Kirby
BBC News Online environment correspondent

Elephant at sunset   BBC
The news may not be as good as it seems
A study of African elephants suggests they may be more numerous than they were four years ago, scientists say.

They think there are from 400,000 to 660,000 elephants across the continent, with large numbers in southern Africa.

But the scientists, from IUCN-The World Conservation Union, are interpreting their findings with extreme caution.

They say one explanation may be that the elephants are fleeing to protected areas to try to escape human pressure, thus giving an unduly hopeful picture.

They say habitat loss and competition between people and elephants for resources remain among the principal challenges in elephant conservation.

The scientists are members of IUCN's African elephant specialist group, and their study, the African Elephant Status Report, updates one produced in 1999.

More questions than answers

It is the latest in a series derived from a database on African elephants which since 1986 has been compiling information from the 37 countries where the animals live.

Collected tusks   BBC
Ivory poachers remain a potent threat
The 1999 report concluded there were at least 300,000 elephants in Africa, and possibly as many as 487,000.

The updated version says the higher figures may be partly explained by reported increases in savanna elephant populations in Botswana, Tanzania and Zimbabwe.

But one of the report's authors, Julian Blanc, said the increase revealed little about how populations were faring at the continental level.

He suspected there could be a more worrying explanation for the apparent population growth - that the elephants were crowding together for safety.

He said: "Most elephant surveys are restricted to protected areas, and it is precisely to protected areas that elephants flock when their range is compressed by expanding human populations.

"A high concentration of elephants in protected areas can give a misleading impression of increasing numbers."

Huge unknowns

This crowding under pressure, known as "hyper-aggregation", occurs in some other species, and was identified among North Atlantic cod shortly before the collapse of Canada's Grand Banks fishery in the early 1990s.

Elephant adult and calf   BBC
There are still gaps in scientists' knowledge
The authors say there are other possible reasons for caution in interpreting the figures: one is that they are based on data from just over half the total area where elephants may live.

So much more work needs to be done in the unsurveyed areas to arrive at an accurate picture of changes in population.

Julian Blanc said: "We now have estimates covering a much larger area than we did five years ago - and that alone can go a long way in explaining differences in numbers - but there are still huge gaps in our knowledge."

The update's regional estimates show a wide variation, and considerable uncertainty:

  • Southern Africa: from 246,000 "definite" to a "speculative" total of 300,000 animals
  • Eastern Africa: at least 118,000 elephants, and possibly 163,000
  • Central Africa, with huge expanses of unprotected elephant range: somewhere between 16,500 and 196,000 animals
  • West Africa: perhaps only 5,500 elephants, and at most 13,200.
Julian Blanc told BBC News Online: "We know there are large, stable - in places perhaps increasing - elephant populations in southern and eastern Africa, where the amount of monitoring effort is greatest.

"But even in these two regions there are countries - notably Sudan and Angola - with large areas of possible elephant range but about which we have virtually no information.

"This uncertainty not only applies to numbers. Although we have reported an important contraction and increased fragmentation in elephant range in many parts of the continent, it is impossible to say whether this is a recent phenomenon or simply the result of the availability of better information.

"At this stage, even with better information, it remains very difficult to disentangle real changes from perceived changes in elephant populations."

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Business Day

MDC on diplomatic mission in Abuja

----------------------------------------------------------------------------
----

Harare Correspondent

ZIMBABWE's opposition Movement for Democratic Change (MDC) yesterday sent a
high-powered delegation to the Commonwealth heads of government meeting,
which begins in Abuja, Nigeria, tomorrow.

The MDC delegation includes party chairman Isaac Matongo, information and
publicity secretary Paul Themba Nyathi, foreign affairs secretary Moses
Mzila Ndlovu, international relations secretary Sekai Holland and
representative to the European Union Grace Kwinje.

President Robert was not invited because Zimbabwe is still suspended from
the Commonwealth body, the sanction for allegedly manipulating the outcome
of last year's presidential election.

The MDC team is expected to hold talks with Commonwealth leaders on the
sidelines of the summit on a wide range of issues concerning Zimbabwe and
what needs to be done to end its crisis.

MDC secretary-general Welshman Ncube said yesterday the delegation was on a
"diplomatic mission to share information and find a solution to the crisis".

"They are going there to lobby the Commonwealth to remain engaged on the
Zimbabwe issue and try to find an amicable solution to the problem."

Ncube, who has just returned from an official trip to the US, UK, Holland,
Sweden and Norway, said the Commonwealth should move swiftly to extend
measures against Mugabe.

He said that since Zimbabwe was suspended from the 54-member club of mostly
former British colonies following an election marred by vote rigging and
violence, the ruling Zanu (PF) regime had simply refused to address issues
of pressing concern.

"They have not promoted political dialogue, restored the rule of law, ended
political repression and violence, dealt with democratic and electoral
reforms or cleaned up the land reform programme," Ncube said.

"Zimbabwe has also refused to engage the Commonwealth secretary-general (Don
McKinnon) about these issues. The Commonwealth should act to show that there
are serious consequences for defying it and to safeguard its credibility."

The MDC has been travelling extensively, both regionally and
internationally, on a campaign to find a solution to the Zimbabwe crisis.
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New Zimbabwe

Zim youths leave Botswana to stage resistance

By RYDER GABATHUSE
04/12/03
FRANCISTOWN: Francistown might soon feel relief from the burden of thousands
of illegal Zimbabwean immigrants as youths from that country plan to return
to their homeland to stage “a mammoth march against the government of
President Robert Mugabe”.

Zimbabwean youths have grouped themselves under the auspices of Youth Arise
Zimbabwean Crisis Movement. Youths form the bulk of illegal Zimbabweans in
the city.

They said they were readying themselves for a “massive anti-Mugabe campaign”
planned for Plumtree on December 22 - Zimbabwe Unity Day. The youths
expressed concern at the hard life ordinary Zimbabweans faced and pointed
out that a loaf of bread cost Z$4,000.

They added that most Zimbabweans could not send their children to secondary
schools because it was too expensive.

Members of the Youth Arise Movement - linked to the Movement for Democratic
Change (MDC) - also handed over a letter in which they were seeking
assistance. “The Youth Arise movement is seeking your help in anyway you can
in order to provide our members with T-shirts and banners for the
anti-Mugabe campaign, which will commence on December 22,” the letter
states.

The youths have also indicated that anti-Mugabe marches would continue until
further notice. “We would appreciate any form of assistance as we too are
concerned about so many illegal immigrants in your country”.

The youths said protesting was the only way to solve the problems of
Zimbabwe. Response to the call for the protests were good and “the guys
willing to go”, the youths said.

The meeting place for the aliens has been the temporary bus and taxi rank,
as well as the new delayed bus terminal. Most of the “boys” made a quick
buck washing cars and doing menial jobs.

The other meeting place for Zimbabwean youth is the area around the Dumela
Industrial site where some of them sleep. They confess to sleeping on
cardboard boxes and wearing plastics collected from dumping sites that they
used as their beds and blankets.

The police are not aware of Zimbabwean youths assembling in Botswana for
anti-Mugabe demonstrations across the border. Central Police Station
Commander Superintendent Dinah Marathe only indicated that her office has
recently received a number of Zimbabweans fleeing from their country
claiming political refugee status.

She further stated that her officers have been working hard to flush out
illegal aliens from the city. She warned that most of them were
sweet-talkers who would freely hand out wrong information.

“We deal with illegals on a daily basis and in most cases they simply
mislead you”, she observed.

Last Saturday, a 22-year-old Zimbabwean student and opposition activist fled
into the country saying that his life was in danger. Jason Zulu Chavura
claimed that he jumped the border into Botswana because the dreaded Central
Intelligence Organisation operatives were targeting him for his political
activities - Mmegi

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