The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUE - February 12, 2003

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THE FUTURE OF AGRICULTURE IN ZIMBABWE

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INTRODUCTION

JAG has seen the very real need to put together a plan for the rebuilding
of agriculture in the future.  It has facilitated the formation of a
committee of experienced leaders in the agricultural and financial
community who are currently putting together a "Vision for Agriculture".
There are three questions that need to be answered:

1.  Where is agriculture now?
2.  Where do we believe agriculture should be in the future?
3.  How do we get to where agriculture should be in the future?

This article attempts to look at the second question.  We hope it
stimulates thought and debate on the issue on the open letter forum or
direct to JAG.  All input will be very much appreciated.

The committee will be independent of JAG and will consult widely amongst
stakeholders and key players in agriculture, from grass roots level up,
its support and downstream industries, civic society and the international
community.

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Zimbabwe is fast sliding into becoming yet another permanent member of the
donor dependant countries in Africa.

Two thirds of the population are now dependant on food aid and the
policies that have created the situation appear, under the present regime,
to be cast in stone:-

· The nationalisation of all but approximately 2% of the land.
· The deliberate abandonment of the rule of law.
· The promoting of Marxist/Leninist economic policies.
· The banishment of the agricultural skills base from the land.

This potent cocktail is poisonous in the extreme - especially to a
land-locked country where agriculture was the backbone.

The International Community has of course come to the rescue with food
aid, but so far, their silent diplomacy (South Africa being the main
culprit) has only served to prop up and extend the life of the regime that
has created such untold suffering.

Dictators come and go though, and as the flood waters of desperate hungry
people rise, the dam will burst and cleanse the land of the people that
have created the suffering and perpetrated the crime.

Individuals and organisations trying to sanitise and legitimise the regime
will always be remembered for their part in collaborating with it - for
throwing out the rope when they should be severing it and pushing it over
the edge.  Pockets should never come before principles.  Expediency should
never come before morality.

In the meantime though, we need to give serious thought to what we are
going to inherit once the regime has been washed away.  Are we going to
remain a beggar nation unable to ever feed ourselves, or can agriculture
be rebuilt so that once again we are the breadbasket and not the basket
case? Is it all irredeemably irreversible, or have we got a fighting
chance to make Zimbabwe great again?

Agriculture is, and always has been, the key to Zimbabwe's future. 
Within four months of good governance being established Zimbabwe could be
producing food, creating jobs and earning foreign exchange.  No other
economic sector can say the same, as initial investment periods are
substantially longer.

In order to achieve this, a number of fundamental principles need to be
established to form a solid foundation for future development and poverty
alleviation.  They are summarised very simply as follows:

1. The rule of law needs to be re-established.
2. Property rights need to be respected and extended to areas where there
is no title.
3. Supply and demand market driven economic principles need to be put in
place.
4. Grants and concessionary financial arrangements for farmers to rebuild
their farms from the ruins need to be available.
5. An atmosphere of integrity, hope, encouragement and determination needs
to be engendered by the new leaders so that the skills base is retained.

If any one of these criteria is not fully addressed, the Zimbabwe of the
future will remain a sad one made up of starving children, beggar hands
and disease-ridden people.  Poverty alleviation and eradication can only
be combated by development and wealth creation.  Development and wealth
creation needs these criteria to be fully fulfilled.

1.  The Rule of Law:

This is a simple principle but everyone needs to be involved with it if it
is to be re-established. The law, in essence, as enshrined in the majority
of constitutions around the world, is formulated on the basic values of
right and wrong. Oppressive laws that go against the constitution have
been passed over the last few years and they need to be repealed.
Individuals who openly flouted laws during "the third chimurenga" need to
be prosecuted. Policemen, judges and others responsible for justice need
to be made accountable. Individuals that have accepted stolen farms,
illegally stopped the owners' production, evicted the owner and his
workforce out of their houses and then gradually raped the farm of its
fixed assets need to be evicted and held responsible. The exercise is a
big one but if accountability is not apparent the message that will go out
to politicians, policemen, judges and other Zimbabweans is "You can do
what you like in Zimbabwe and get away with it".  The sheer size of the
job should not be a deterrent.  A truth and reconciliation commission
should be considered so that everything can be brought out into the open
and dealt with. Lawlessness in the future should be dealt with firmly and
justly with local communities playing a role in assisting the police. 
Zimbabwe cannot go forward until the rule of law and integrity are
reasserted in a real way for all members of the community. Any compromise
on this issue will be counter productive and will merely mean that the
road to any kind of recovery will be a much longer and more torturous one.

2.  Property Rights:

No nation intent on creating wealth for its citizens and eradicating
poverty has been able to exist without individual property rights.
Hernandis de Soto, a Peruvian economist, states, "the total value of the
fixed property held but not legally owned by the poor of the Third World
and former communist countries is at least US$9.3 trillion (this equates
to nearly 100 times the amount of development assistance pumped into the
third world over the last 30 years!).  The problem with all that "wealth"
is that it is "locked up" in the absence of title.

Although the individual theoretically owns it, he has no title deeds and
without title deeds his security of tenure is not tradable - he cannot
raise capital to develop his business because without title there is no
collateral.  Zimbabwe has a unique chance whilst unscrambling the chaos to
put in place clear, enforceable property laws, which will extend into the
communal and other state owned areas that traditionally covered over 70%
of Zimbabwe's land area (but now effectively extends over 98% of
Zimbabwe's land area).  Agriculture of the future should see 20,000 or
more titled commercial farmers operating for the betterment of Zimbabwe. 
Present agriculture with no title, no equipment, no inputs, no ability to
use the central infrastructure built up on commercial farms is doomed to
unmitigated failure.

Communist state ownership principles have failed the world over.  If this
country is to progress into a modern developed nation creating wealth and
looking after its natural resources, property rights are fundamental.  If
a good farmer, with his farm workers, wants to expand the business and buy
another farm he should not be prevented from doing so.  Similarly, if a
farmer and his work force wish to intensify production they should be
allowed to raise the capital by subdividing and selling off a portion of
the existing landholding.  Whatever happens they must know that the
investment is secure and cannot be taken away by state sponsored invasions
or at the stroke of a minister's pen.  True freedom and empowerment can
only exist through respect for property rights and property title.

3.  A Market Driven Economy:

In Zimbabwe we have seen the economy rising to be one of the fastest
growing economies in the world in 1996 to now becoming the fastest
shrinking economy in the world over the last 2 years.  The decline of the
economy has been so dramatic that it has dumbfounded economists the world
over.  The trend is set to continue until such time as investments are
protected by law enforcement agents and proper economic fundamentals are
recognised with the right policies to drive them. Exchange controls, Price
controls and a Party controlled economy are desperate measures made by
desperate men.  Such policies only serve to drive a black market,
corruption, inflation, and now poverty and starvation.  Markets need to be
completely liberalised and measures need to be put in place to encourage
the growing of food crops again. The International Community, where
starvation is apparent, has a tendency to destroy the production base and
market with their aid handouts. Zimbabwean farmers and their workers have
shown in the past how they can not only feed Southern Africa but compete
on the world stage, and given the right policies they will do so again
creating the food, the forex, the jobs and the resultant poverty
alleviation that the country and region so desperately needs.

4.  Concessionary Finance:

Over the last three years many farms have been literally, taken to pieces
by "settlers".  As the "settlers" have needed income they have helped
themselves to pumps, motors, electrical equipment, roofs, window frames,
pipelines, livestock, wildlife, etc.  Billions of dollars of damage has
been done.  If farmers and the 300,000 farm workers are to come back to
the land with their skills and local knowledge of soil types, climatic
variances, infrastructural arrangements etc.  to kick-start the economy, a
major rebuilding exercise will be required. It is imperative that a full
loss document be completed by each individual farmer in conjunction with
his workers with verifiable substantiation of all the facts so that a
system of re-financing can be put in place based on the level of
expenditure required to get the operation back up and running again.

Farmers and their workers have in many instances spent 2 years in town or
elsewhere; incomeless and eating into their capital in order to survive.
Very few farmers and their workers would be able to start up again without
a restitution programme being put in place with international backing. 
The level of destruction will require a Marshall Plan type rebuilding
exercise to be initiated.  This will only be achievable with full
cooperation from the international community.

5.  Encouragement:

Around 80% of farmers reply in the negative when asked "would you go back
to your farm again if you were given the chance in the right political
climate?"  They have been severely traumatised and in many cases are
broken people. Tens of thousands of farm workers are in the same position
and there is not even a record as to their whereabouts.  If the skills
base is to stand even a very small chance of being retained, huge
encouragement by the new dispensation will be required.

Given the right environment, with a positive atmosphere of hope,
determination and encouragement in the statements and actions of a new
leadership, it will be possible for there to be a return of these skills
to the agricultural section.

The process of land reform must not override any of the above criteria.
There is no doubt that there would be a lot of title to land on offer
should compensation be made available.  The donors have shown a real
willingness to become involved if it is done in a planned and transparent
manner.  Should land reform have the above criteria as its guiding
principles, the country could begin to benefit within months.  If the
incentives were right, much of the recently discarded agricultural skills
base would be willing to assist in the land reform process and truly build
a new Zimbabwe out of the crumbling ruins.

The so-called land reform as we have experienced it as a Nation is not
land reform at all, but land being used as a political tool to ensure
political survival. It has destroyed the economy and is fast destroying
our Nation and its people. We are certain that this is not what the
majority of citizens of Zimbabwe envisaged or wanted. We must now prepare
for the next stage and I encourage you to be part of this "Vision for
Agriculture". Become involved and contribute to the solution of this
present destructive situation.

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JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUÉ - February 12, 2003

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LEGAL COMMUNIQUÉ

Further to our communiqué last week pertaining to civil litigation for
losses and damages incurred by farmers and reference to the 3-year statute
of limitations governing civil litigation claims. It is imperative that
farmers facing this 3-year deadline lodge application in the civil courts
urgently. The Charley Wood case brought by Roy Bennet of Chimanimani can
be used as a standard format for the affidavit for court submission and
application. Farmers are urged to complete the JAG LOSS CLAIM document
that deals with these losses comprehensively and can be used in these
court cases. This is very much in line with JAG's overall legal strategy
in that legal recourse must be pursued in the courts here before any
external litigation can be considered or initiated in the event of failure
of the judiciary here.

Colin MacMillan and Leith Brey are travelling around the country addressing
and assisting farmers along these lines as well as gathering farmers'
affidavits for inclusion in the Rule of Law case.

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Sent: Wednesday, February 12, 2003 5:39 PM
Subject: Our Country as it is (By C)

"Dear All of you,but in particular, the  ZCU,
Before seeing a copy of your letter relating to the stance taken by Andy Flower and Henry Olonga, I had coincidentally written some ideas of my own. I support Andy and Henry wholeheartedly and wonder why the rest of the team don't follow their example. I am also wearing black in mourning for the lost values of our country.
I am an ordinary Zimbabwean mother, widow, employer, patriot of my country. My husband and daughter lie buried in this land of my birth. I was proud of my country once, the bread basket of Africa, the jewel of the Continent, a God given gift of Nature.
However, we all cry for our beloved country. Another day dawns in our once happy, productive Zimbabwe, now totally devastated in every way by its leaders. I am one of the many who toss and turn throughout the troubled night, dreading tomorrow. There is not one basic commodity in my kitchen- no bread, no sugar, no oil, no mealie meal for my workers, no money in the bank and my fuel tank is hovering around empty.Every day is the same trauma, but like other Zimbabweans I must queue to survive. It is 4 a.m.  - the same routine every day. I am fortunate to be within walking distance of the shops. I trudge down there to join the Pensioners' queue for a loaf of bread- most pensioners are in their 70's, 80's, or even 90's, some are balancing on walking sticks- all are trying very hard to "keep smiling". The ordinary queue is long, already stretching for more than a block - people are so thin that you can't escape feeling a big lump in your throat. Many have been queueing all night, sleeping on the side of the road, in a desperate effort to secure just ONE loaf of bread- or even one roll -if the bread runs out, as it always does. They stand tolerantly, patiently, enduringly (that is perhaps our fault - too tolerant, too patient, too enduring) hour after hour after hour. Gloom and doom hangs over the crowd. You wouldn't believe the length and depth of the surging mass of people in another queue, all trying to obtain birth certificates, I.D.'s, passports which will take months to process. We have totally given up finding mealie meal or sugar. There is none - or, if the Police Camp is selling dubiously acquired meal, that is another mission for the poor black people.
Personal experience obliges me to relate that I gave my worker the weekend off to source some mealie meal promised by the local policemen. She joined the queue outside the Police Station in the very early hours. What another futile waste of time! No mealie meal again! It was heartbreaking for her to go home once again with nothing for her children. On Mondays she leaves her 3 children with 6 potatoes (Z$l00 plus each) and a small packet of rice for the whole week. At least she leaves something for her children - what about the thousands that can't? These are FACTS - NOT lies of bumper harvests and plenty of fuel over Christmas and New Year as given out by the Government media. Ask those unfortunate people who slept in their cars for 5 or 6 or even 7 nights in queues over the Christmas period where the promised fuel was.  Promises! promises! are all wicked lies!
The fuel queue is hell on earth. Men have it slightly easier than we women when Nature calls - and, it often does, after 8 hours in the blazing sun. Some of us oldies take a bed pan hidden discreetly under the car seat. How degrading! How unnecessary! Where has our dignity been forced to vanish? Most times we queue in desperation - the tanker hasn't even arrived, but we wait - one day, two, three, four, eternity! What most countries take for granted - a smooth filling up of the car- is not for us. Then we wonder if we will succeed in obtaining fuel OR will the pump run dry by the time it is our turn? How frustrating it is when you are almost there (after being in the queue for a minimum of 5 or 6 hours) - 4 cars, 3, 2 to go and then, "Sorry, the petrol is finished!"  Whew! B.........hell! .............!!! Is it really I using such language that I have never used before?
                 and then
We hear certain leaders, despite all the suffering, starvation, death of their people  don't care a jot and become the big, big spenders of electrical goods and imported groceries for their selfish, personal use with OUR valuable foreign currency. How do they sleep at night when thin, old people are eating worms and emaciated children are scarcely surviving on old dried berries and wild fruit - if they are lucky.
A top Government Medical Aid Society recently celebrated a belated Christmas party costing  an unbelievably exorbitant amount. From reliable sources it was disclosed that about 60 officials consumed vast quantities of drink, snacks, a main lunch meal and THEN  had an evening braai- and they find it difficult to pay our legitimate claims for members (many pensioners) who have been contributing funds for nearly a lifetime. Some doctors make their patients pay cash "up front" as this Medical Aid Society is very unreliable in their payments which are also sometimes non existent. Consequently , it is a known fact, that many ailing patients, in desperate need of medical help, are unable to visit the doctor - while we hear that their Society is celebrating un grand style. Aren't you guys ashamed of your extravagance? or are you beyond that because you are so sickeningly greedy?
I can relate to Andy Flower and Henry Olonga. I love the awesome colours of the Zimbabwe bush, I find the sudden "fresh" smell of imminent rainfall exciting, I have stood up for the National Anthem on what could be a proudly patriotic sporting occasion BUT all is ruined, wrecked, full of a dreadful sadness, as, at the back of my mind is the tragic picture of crying, hungry children, mothers searching frantically for food which doesn't exist- because the autocratic leaders have wickedly stolen the land of  the largely efficient and capable, experienced and hard working commercial farmers. It has been forcibly taken for their private use and that of their greedy relatives and friends - while they try to present a picture (totally false) of prosperity which is too hypocritical for anyone to accept and is an insult to the average intelligence. The reality of starving, poverty stricken, dying people is nearer the truth. My heart aches for my beloved country, now devastated by greed and the lust for power of tyrants.
We keep praying for a return to sanity- and we salute those who are courageous enough to stand for their beliefs.
 
This is from, C"
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Daily News

Comment

      Mugabe is now well past his sell-by date

      2/13/2003 12:21:02 AM (GMT +2)

      By Cyprian Ndawana

      If the Zanu PF government was a school child, I shudder to imagine how
its end of year results would read. Given the socio-economic wreckage that
lies in the wake of its 23-year rule, there is evidence galore that it would
certainly be a dismal performer, a dull student who borders closely on
mental retardation.

      Despite inheriting a healthy economy at independence in 1980, which
was proudly regarded as either "the breadbasket of the region or the Jewel
of Africa", the government did not waste time. It quickly rolled up its
sleeves and vigorously embarked on a national economic annihilation course.
Within a few years, the economy had been so severely ruined that it needed
to be structurally adjusted.

      The urban public transport service, which was once the pride of the
nation because of its efficiency and reliability, was rendered a deadly body
blow. The government "hired" buses to ferry people to the airport to either
bid farewell or welcome the President on his infinite errands. While the
buses were taken off their scheduled routes at very short notice, payments
were either made late or were not even done.

      Other public transport providers, Air Zimbabwe and the National
Railways of Zimbabwe, also experienced the same problems. They, too, find
themselves in the same ditch as the Zimbabwe United Passenger Company. While
there are some other reasons for the debacle that public transport finds
itself in, the major contributing factor is the arbitrary manner in which
the government disrupted the schedules without prompt payment.

      Although signals that the death of the Jewel of Africa was looming
flushed, they were ignored. The government actually increased its
intransigence amid the voices of reason calling on it to check and take heed
of the indicators. With President Mugabe defiantly exhibiting his trademark
"everyone-is-wrong-except-me" attitude, the government continued to
gleefully ride rough shod over all and sundry who offered advice.

      Blindly guided by some socialist ideologies, the government pressed
hard with such naive policies as free health, education and a host of other
unsustainable subsidies. Without the basic courtesy of admitting to the
failures of these policies, the government discarded them. Total silence now
envelopes such once acclaimed policies as "health for all by 2000" and
"housing for all by 2000".

      That the government has dragged the entire country into a crisis need
not be over-emphasised. It is so obvious that one need not be a rocket
scientist to realise the shattering effects of the government's failed
policies. There is no social service that is functioning well all of them
are in a state of paralysis.

      If one were to cite the public health sector for an example, a casual
observation will expose a host of problems that are dogging the sector. The
sector is not at all healthy. It is staring death right in the face. With no
drugs, dressing and disinfectants in all government hospitals, the public
health sector is, to all intents and purposes, in the intensive care unit,
if not decomposing in the mortuary with no one to claim for burial.

      Poor government policies have resulted in an exodus of medical
practitioners. They left in droves, fleeing from poor salaries, working
conditions and an unavailability of such basics as gloves and sanitary ware.
The decadence that has crept into the sector is well-known by the
government, hence all the bigwigs get their treatment at private hospitals
or out of the country.

      The poor state of the public health sector is perfectly symbolic of
all other social services, clearly demonstrating the magnitude of the
government's failures. The failures are so monumental that they are
conspicuous even from a distance. It is practically impossible for the
government to address the problems. Expecting them to have answers is as
foolhardy as rehabilitating a drunkard by locking him up in a bottle store.

      The government-initiated home-based care concept is an admission that
public hospitals are unable to provide care and comfort to terminally ill
patients.
      With Mugabe soon turning 79 years old, surely he is now living on
borrowed time. He has exceeded his sell-by date. He now needs to take a back
seat.

      The weight of running (not ruining) the country must be relieved from
his shoulders. Nature is no respecter of persons, therefore Mugabe need not
push himself beyond his production possibility boundary line. He is tired,
hence he must retire.

      With the government having failed to deliver the much promised milk
and honey, the only noble course of action to pursue is to gently throw in
the towel. And there could never be a more opportune moment that his 79th
birthday. It is my profound conviction that the nation will automatically
jump-start itself from the socio-economic deathbed once the resignation
offer is submitted.

      The team that is working on the retirement package ought to expedite
its deliberations. Although there are some reported denials of the deal,
these need not stall the formation, signing and sealing of the package.

      As one who has had the privilege of wining and dining with movers and
shakers the world over, Mugabe must by now have outgrown the glitz and
glamour of fame and fortune.

      He only needs to rid himself of his self-confessed belief that no one
can run the country better than himself. His long overdue retirement has all
the prospects of being fun-filled. It is agreed that the yardstick with
which true nationalists are measured is the ability to place one's interests
behind those of the nation.

      This is the test that now awaits Mugabe.
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Daily News

Feature

      POSA is a fascist law applied partisanly

      2/13/2003 12:14:55 AM (GMT +2)

      A Bulawayo-based community organisation called the Bulawayo Agenda has
in the past two months been prohibited as many times by the police from
hosting meetings at the City Hall.

      The police have on both occasions cited the possibility that such
meetings could lead to a breakdown of law and order in the city.

      On each occasion, the personality behind the Bulawayo Agenda, Gordon
Moyo, has been told at the eleventh hour to cancel the meeting. The police
authorities have stated that they have the power under the Public Order and
Security Act (POSA) to take such decisions.

      We should understand and accept that once a law has been passed, never
mind how repressive or fascist it may be, it has to be applied, and that the
Zimbabwe Republic Police would be doing exactly that when they prohibit the
holding of meetings by the Bulawayo Agenda.

      But we should also point out how preposterous and unjustifiable it is
for an authority to deny an individual or individuals their constitutional
rights of association and expression on the pretext that a breach of the law
is likely to occur if people publicly assembled to debate a matter or
matters of national interest, concern and value.

      We should add to that observation the fact that a law should be
uniformly applied throughout the national territory in which it is meant to
apply.

      In Zimbabwe, there seems to be a tendency to apply POSA more against
some organisations perceived to be critical of the government than it is
against others.
      For instance, I do not recall a single occasion of that law being
applied against Dr Shakespeare Maya's National Alliance for Good Governance
(NAGG). Does that mean NAGG's consultative meetings do not pose an actual or
potential threat to the breach of the law?

      It is very unacceptable that an authority should disallow a meeting on
the mere assumption that a breach of the law could occur if the meeting was
held. If that assumption is based on some tangible or visible evidence, why
not confront those wishing to hold such a meeting to convince them about the
justice of the prohibition?
      If there is no such visible or tangible evidence, why not let the
meeting be held but take precautionary measures to contain any outbreak of
violence or any attempt to cause a breakdown of law and order?

      It is utterly unfair, nay, unjust and fascist to deny people their
constitutional rights and freedoms on the basis of a mere assumption.

      In Matabeleland, we have been criticised for not taking decisions on
matters that affect our region. We have been criticised for doing or saying
nothing about the region's needs, complaints and wishes.

      Examples have been given of how some regions are being developed by
leaders born and bred there. But when we try to do precisely that, we are
repeatedly frustrated either by the use of some repressive law or by being
merely ignored.

      The Bulawayo Agenda is really nothing more than a local organisation
that seeks to give local people a platform to express their feelings and
wishes about issues of regional or
      national interest and value.

      Denying it such an opportunity may inevitably lead to it going
underground, and that would be more dangerous to the nation than allowing
its members and sympathisers to express themselves openly so that the
government can be better informed about their agenda.

      Having said that, a word of advice to that organisation (the Bulawayo
Agenda): It is high time it established a pamphlet or some other kind of
publication through which its members and sympathisers can exchange views
and ideas.

      While it is more common and probably more effective to communicate
through public meetings, it is extremely useful to use literacy and numeracy
to inform various publics.
      There is no point in complaining and moaning about such fascist pieces
of legislation as POSA only at public meetings, but doing nothing to analyse
them in black and white for posterity's sake, if not for anything else.

      As for the police authorities, a good police officer is not the one
who uncompromisingly applies the law without question, but the one who can
use his or her discretion when it's clearly called for to do so.

      Why? Because the law is meant to serve the nation rather than vice
versa. We are not born to serve laws, but laws are created to serve
humanity. That is the essence of human freedom.

      POSA should be applied, yes, because it is on the country's statute
books, but that should be done with a great deal of discretion by the
police, particularly where meetings are concerned lest we shall be arrested
for attending weddings, birthday parties and funeral wakes, which, as things
stand, is quite possible under POSA.
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Daily News

      Ben-Menashe denies State paid him to trap Tsvangirai

      2/13/2003 6:48:03 AM (GMT +2)

      Court Reporters

      ARI BEN-MENASHE, the main State witness in the Morgan Tsvangirai high
treason trial, yesterday said the government of Zimbabwe was supposed to pay
him US$1 million (about Z$55 million at the official exchange) for sprucing
up its bruised image.

      This surfaced as The Daily News received information that Ben-Menashe
failed to justify what work he had done for the government after High Court
judge Paddington Garwe had cleared the court room of members of the public.

      Under cross-examination by Advocate George Bizos after members of the
public had been allowed back in court, Ben-Menashe said the government owed
his company money for services provided.

      He declined to reveal the work done and the outstanding amount, but
said the government should have paid him US$1 million in total.

      According to records of schedules of payment to Dickens and Madson
presented in court, Ben-Menashe's company was paid US$615 000 by August
2002.
      This means the government still owes the company US$385 000.

      Ben-Menashe said he was still owed money as it was revealed in court
that his company Dickens and Madson received US$200 000 from the government
soon after handing over an audio recording of Tsvangirai, the MDC's leader,
allegedly plotting to kill President Mugabe in November 2001.

      Ben-Menashe's wife, a lawyer on the Quebec Bar in Canada also received
another US$30 000 from the government in December 2001.

      The US$230 000 was paid before Dickens and Madson and the government
signed the agreement to spruce up the country's image in January 2002.

      Ben-Menashe denied he was paid US$230 000 to trap Tsvangirai, his
party's secretary-general Welshman Ncube, and shadow minister for
agriculture Renson Gasela, so they could be charged with high treason.

      "We never received the US$30 000," Ben-Menashe said. "We were merely
the messengers who transmitted the money to the people who recorded a video
tape of Tsvangirai plotting to kill Mugabe. The US$200 000 was for a lot of
work done."
      He refused to name the people who recorded the video.

      Asked what work he had done, Ben-Menashe responded: "It's
confidential. I don't know when my company received the money, but it had
nothing to do with proving that Tsvangirai is murderous."

      The defence lawyers are saying the contract between Ben-Menashe and
the government was a guise to pay the Israeli a reward for trapping their
clients.

      Bizos said Ben-Menashe had earlier testified that he was never paid
for ensnaring Tsvangirai and that the first payment he received from the
government was for US$170 000 in terms of the agreement.

      Ben-Menashe, in the trial punctuated by heckling between the Israeli
and Bizos, said he was too busy preparing to spruce up Zimbabwe's image at
the Commonwealth Heads of Government Meeting in Australia to be bothered
about the payments made to his company by the government.

      He said part of his work at the Commonwealth meeting was "to show the
50 or so heads of State, the murderous nature of accused number one
(Tsvangirai)" through the video of the meeting where Tsvangirai allegedly
plotted to assasinate President Mugabe and overthrow the Zanu PF government.

      Denying he took the decision to have the video shown on Australian
television before the accused persons had been charged, Ben-Menashe said:
"This person (Tsvangirai) goes around the world him and his emissaries
making false accusations against President Mugabe and the government, false
and untrue statements about themselves that they are democrats and they are
waiting for elections."
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Daily News

      Judge rules Ben-Menashe be questioned on contract

      2/13/2003 6:47:33 AM (GMT +2)

      By Lloyd Mudiwa and Fanuel Jongwe

      HIGH court judge Paddington Garwe yesterday dismissed a ministerial
certificate seeking to prevent lawyers representing MDC president Morgan
Tsvangirai and two senior party officials from cross-examining a key State
witness on his contract with the government.

      The judge noted that Section 296 of the Criminal Procedure and
Evidence Act which allows a Cabinet Minister to issue a certificate barring
the disclosure of certain information in public was promulgated by the
Rhodesian Parliament in 1976 specifically to deal with cases involving
freedom fighters.

      Said Garwe: "In the Rhodesian context, the intention was to prevent
any further enquiry on the part of the court, but the situation has now
changed.
      "The Constitution of Zimbabwe now has a Bill of Rights."

      The judge, however, ordered that the cross-examination of Ari
Ben-Menashe, a Canadian-based political consultant, on the nature of the
contract he signed with the government, should proceed in camera.

      He further ordered that the evidence in the high treason trial given
in camera should not be disclosed to the public.

      The judge walked a tight-rope when he gave the ruling which was a
compromise between the demands of the State and the defence lawyers. Garwe,
who thrice postponed the ruling on Tuesday to enable him to further consider
the parties' submissions, acknowledged that the task had not been an easy
one.

      But Dr Lovemore Madhuku, a constitutional law expert who was present
in court, said: "The judgment shows a worrying trend that judges are not
fully exercising their independence."

      In his ruling, Garwe said: "The court is not obliged to accept at face
value, the certificate issued in terms of the Criminal Procedure and
Evidence Act.

      Nicholas Goche, the Minister of State for National Security, in an unp
recedented move on Monday issued a certificate to protect Ben-Menashe from
disclosing details of the agreement between his firm and the government
citing national security concerns.

      "In an appropriate case the court can go behind the claim of
privilege. I am satisfied that in appropriate cases the court can make
further enquiries," Garwe said.

      He noted that although Goche's certificate requested the court to
uphold the privileged status of the agreement between the government and
Dickens and Madson, Ben-Menashe had already given evidence on the document
in an open court.

      The State had also undertaken to provide the defence team with further
particulars pertaining to the contract, the judge said.

      Garwe said the concern of the minister is not on the privileged status
of the document but the public disclosure of the details of the agreement.
This prompted the judge to bar the disclosure of what happened in camera to
the public.

      In issuing the order, Garwe invoked Section 3 (1) of the Courts and
Adjudicating Authorities (Publicity Restriction) Act, which says if at any
stage before or during any proceedings, a court or adjudicating authority
considers it necessary or expedient to do so, the court or adjudicating
authority may exclude certain persons from attending or disclosing court
proceedings.

      Madhuku said since Garwe had accepted that some aspects of the
contract had already been discussed in an open court, the judge should have
"fully stamped his authority" by ruling that the rest of the
cross-examination should be conducted in a public court.
      In terms of Section 18 (10) of the Constitution, such proceedings
shall ordinarily be held in public.

      Meanwhile, Moses Chamanga , a National Constitutional Assembly
activist, was allegedly arrested outside the High Court yesterday by riot
police manning the court entrance.

      He was accused of "dressing like a Mafia."
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Daily News

      Biti lashes at arrests of opposition members

      2/13/2003 6:47:08 AM (GMT +2)

      Staff Reporter

      THE MDC shadow minister for home affairs and MP for Harare East,
Tendai Biti, yesterday deplored the arbitrary arrests of members of his
party, including himself, and those of umbrella organisations such as the
National Constitutional Assembly.

      Biti said his arrest and that of Paul Madzore, the MP for Glen View,
and 12 party supporters on Saturday was uncalled for.

      The 14 were arrested for allegedly contravening the draconian Public
Order and Security Act by holding a rally in Mabvuku without police
permission.

      The MPs were held at Matapi Police Station in Mbare until Monday when
they were taken to court and later released.

      Biti said there were 16 to 18 people in a tiny cell at Matapi. He said
they were detained under inhuman conditions.

      He said his arrest and that of other members of his party was designed
to frustrate the opposition so that the party would collapse.

      Biti said in arresting members of the opposition and all those with
divergent views the police were flouting the country's Constitution. He
said: "The major point is that the Zimbabwean government is not abiding by
its Constitution which clearly states in Section 13 that no one shall be
denied his liberty without due cause."

      Biti said the situation where members of his party were arrested on
frivolous charges and later released without charge curtailed their
constitutional rights. The opposition party's members were detained in
police cells for about three days.

      Biti said he and Madzore were considering legal recourse against the
police for their detention. He, however, said the ultimate recourse was to
remove President Mugabe and his government from power so that there would be
proper rule of law in the country.

      Meanwhile, Biti said his party was not happy with President Thabo
Mbeki of South Africa and President Olusegun Obasanjo of Nigeria's bid to
cancel the Commonwealth Troika meeting.

      The troika was to meet in March to discuss whether the Commonwealth
extend the suspension of Zimbabwe.

      Biti said the MDC was concerned that the situation in Zimbabwe had
deteriorated since the troika first met to discuss the crisis in the
country. He said Zimbabwe should be expelled from the Commonwealth
altogether.

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Daily News

      State to blame for Dete disaster

      2/13/2003 6:40:22 AM (GMT +2)

      By Brian Mangwende Chief Reporter

      THE Dete train disaster could have been avoided if the government had
adhered to a contract it allegedly signed with a German-based company,
Siemens, to upgrade the centralised computer systems and the railway lines
for about US$100 million (Z$5,5 billion).

      The government has since set up a board of inquiry to investigate the
cause of the head-on collision which occurred nearly two weeks ago near Dete
killing more than 50 people and injuring 64 others.

      According to documents in the hands of The Daily News, in March 2002,
the National Railways of Zimbabwe (NRZ) wrote to Christian Katsande, the
permanent secretary in the Ministry of Transport and Communications, warning
the government that if the computers were not fixed an accident along that
line would be disastrous.

      The document reads in part:
      "The NRZ has done a detailed review of the requirements to clear the
maintenance backlog and recapitalisation for infrastructure and operating
equipment.
      "The global requirements amount to US$193,65 million. However, given
the shortages of foreign currency and the need to ensure that whatever NRZ
borrows it will be able to service, an initial prioritisation reduces the
requirements to US$153,02 million.

      "Given that the CBZ facility provides US$100 million, the net
shortfall stands at US$53,02 million plus or minus 10 percent."

      A source said the Commercial Bank of Zimbabwe (CBZ) was acting as the
financial advisor.

      Contacted for comment on what became of the US$100 million facility,
Gideon Gono, the CBZ managing director, said he would instruct his deputy,
Nyasha Makuvise, to pull out the files on that case and attend to the matter
immediately.

      But Makuvise turned around, saying he was not aware of the deal.
      He said: "CBZ was not mandated by anyone to act as financial advisor
unless they want us to do so now."

      A source who declined to be named said the ministry entered into an
agreement with Siemens, an electronic manufacturing company, to upgrade the
computers and the railway lines.

      Efforts to get comment from Katsande since Monday proved fruitless as
he was said to be in endless meetings.

      The source said talks on the upgrading began in March 2001 between the
ministry and Siemens.

      The deal was allegedly signed in June 2002 by then NRZ general
manager, Samson Zumbika, and a Siemens representative identified only as
Kuhn, and a local indigenous company still to be identified.

      The source said the deal with Siemens was signed on a "Mayfair Trust
Medium Term Note".
      "No one knows what happened to the deal," said the source.

      Of the US$100 million, the source said $40 million was meant for the
upgrading of the signals systems at Dabuka and the remainder to refurbish
tracks.

      According to the source, funding was to come from Credit Suisse, a
financial institution whose media relations offices are in Zurich,
Switzerland, and First Securities
      International, believed to be based in the United States.

      Contacted for comment, Renate Mauren, an official with Credit Suisse,
said she was unable to divulge any information because of confidentiality
restrictions in terms of the Swiss Banking Secrecy Act.

      Meanwhile, Priscilla Misihairabwi-Mushonga, the MP for Glen Norah and
chairperson for the Public Accounts Committee in Parliament, said the
government should not hide behind a finger but acknowledge that the accident
could have been averted.
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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.

JAG OPEN LETTER FORUM
---------------------------------------------------------------------------

Letter 1: Peter Rosenfels

Hello Mr Cloete

I've just heard on Voice of America - Africa Edition, that you are unable
to comment on Agri SA's communiqué, as you "haven't seen it". Well here it
is - and it's the sort of communiqué we'd like to see from the farmers
supposedly representing us, the farmers of Zimbabwe

Regards
Peter Rosenfels

Agri SA press conference statement
31 January 2003

Agri SA leaders' impressions of the Zimbabwean visit

Agri SA was invited by President Mbeki to send delegates with Ms Didiza,
the Minister of Agriculture and Land Affairs, to Zimbabwe. They used this
opportunity to speak to Minister Didiza's Zimbabwean counterpart, Mr Made,
Zimbabwean government officials, agricultural organisations, input
suppliers and the leader of the Zimbabwean opposition party, Mr
Tsvangarai. They also visited farms with the government delegation and
later met with independent people who are familiar with the area and the
transitional arrangements.

>From what they observed, the delegates are convinced that the land reform
programme was aimed primarily at securing political patronage and was
implemented in such a way that it caused irreparable damage to the
production base of agriculture. It also offers little prospect of
sustainable profitability for the present beneficiaries of the programme.
It is tragic that more people have not gained access to land in terms of
the fast-track programme and that 350 000 farm workers and their families
now live as refugees in their own country. Moreover, 7 to 8 million people
face starvation due to a lack of food and care.

The present dilemma cannot be ascribed to a few administrative errors.
Whilst the need for a fundamental land reform programme is not disputed,
the programme has by no means contributed to economic progress, equity and
improved food security. It was used as a tool to gain and secure control
in Zimbabwe. Agri SA's representatives therefore do not believe that they
have witnessed a turning point and that things will now start to improve.
They are of the opinion that the programme is based on unacceptable and
unsustainable points of departure. It will have to be replaced with a
programme governed by a totally different set of values if agriculture is
to be revived to play the role it should in that economy.

Minister Made stated clearly that the government and the ruling party
would retain title to the land and would dish it out to "qualifying"
persons, which in practice means to those who show support for the ruling
party. The delegation was shocked by the blatant way in which the minister
evaded penetrating questions in this regard and his attempt to justify is
party's actions with thought-transference.

In most cases the beneficiaries knew nothing about farming and many of
them were completely unfamiliar with the farms or production information
aside from occupying the homesteads. Although it is said that the land
would or should be used productively, a massive decline in production is
inevitable.

When interviewed in the presence of government representatives,
beneficiaries sketched a rosy picture of their agricultural achievements.
Quite clearly this was orchestrated. When probed about practices and
costs, their response was unconvincing.

Beneficiaries do not hold title to land to use as collateral for credit
and are therefore totally dependent on government support for such credit
and for gaining access to subsidised inputs. They are therefore shielded
from real costs, while market prices of controlled products, such as maize
and wheat, are pegged at unrealistically low levels. While this is
normally an intolerable situation, these new farmers have indicated that
they experience no problems. This confirms that they are not functioning
within a market discipline and are basically employed and supported by the
government to keep commercial producers away from their farms, farm
workers and farming operations.

These interventions, together with the impact of a bankrupt economy, give
rise to a lopsided economy of unknown proportions. It creates
opportunities for political and bureaucratic mismanagement, favouritism
and intimidation, and for some an opportunity to profit immensely. The
result is that the frustrations of ordinary Zimbabweans are mounting,
which will be difficult, if not impossible, to control.

Apparently, the Zimbabwean government contemplates managing some of the
frustrating bottlenecks and deficiencies by imposing more interventions.
Mr Made, for instance, said that the rest of the economy should also be
"indigenised", as in the case of agriculture, to secure control over the
supply of inputs and related economic activities. He failed to explain how
this would solve existing problems.

He also made no bones about the fact that South Africans with property in
Zimbabwe must accept the reality of Zimbabwe's land programme. Agri SA
delegates are of the opinion that he resented the presence of South
African farmers in Zimbabwe. The fact that an investment agreement exists
between South Africa and Zimbabwe that rules out the present confiscation
approach, is of little concern to him. Between 160 and 200 South African
farmers are currently subject to political theft of private assets, as is
the case for almost all commercial farmers in Zimbabwe.

Mr Made was also irritated when questioned on the negative impact of their
land grabbing policy on investor confidence in general. He made it clear
that ZANU-PF was involved in a different phase of their liberation war and
that a solution to economic problems was a lower priority than the
successful "indigenising" of economic assets.

With this as backdrop, including the demise of the country's institutional
capacity, problems such as food and fuel shortages and the outbreak of
foot-and-mouth disease are merely symptoms of an inherently sick and
corrupt system.

The delegation is of the opinion that the SA Government should speak out
against the lack of legitimacy of the Zimbabwean regime, should criticize
that government's fraudulent practices and make it clear to ZANU-PF that,
if they persist with morally wrong practices that most Zimbabweans and the
rest of the world reject, they should not expect the blessing or support
of South Africa as a lifeline to keep themselves in power.

In conclusion, South Africa should endeavour to build national consensus
on a just and implementable land reform policy and programme to speed up
existing processes and to ensure that we do not end up with the same messy
situation as in Zimbabwe.

The role of commercial farmers, respect for property rights and a
constitutionally based judicial system should also be valued and confirmed
throughout the process.

---------------------------------------------------------------------------
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of the submitters, and do not represent the official viewpoint of Justice
for Agriculture.

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Daily News

      C'wealth yet to rule on suspension

      2/13/2003 6:49:12 AM (GMT +2)

      By Brian Mangwende Chief Reporter

      ZIMBABWE will not be automatically readmitted into the Commonwealth,
said Joel Kibazo, the director of communications and spokesperson for the
Commonwealth Secretariat.

      Kibazo said the readmission of Zimbabwe after its suspension expires
next month was not a foregone conclusion.

      Speaking from London, Kibazo said he expected a review of Zimbabwe's
suspension from the group despite the cancelling of next month's meeting
scheduled to discuss the matter by Nigeria and South Africa, two members of
the Commonwealth Troika which includes Australia.

      "In March 2002, the Troika was mandated to handle the Zimbabwe issue,"
Kibazo said. "We expect the review to take place as scheduled next month.
The modalities are up to the leaders, whether they meet physically or decide
their next move over the phone. What is important to the Commonwealth is the
people of Zimbabwe. Let's not assume that the meeting will not take place."

      Kibazo's remarks were made after media reports that the Commonwealth
Troika was split over Zimbabwe.
      "We have been betrayed, really seriously let down," Moses
Mzila-Ndlovu, the foreign affairs spokesman for the opposition MDC, told
Reuters.
      "There is nothing on the ground to justify what they are doing."

      The MDC's shadow minister for foreign affairs, Tendai Biti, said South
African President Thabo Mbeki and Nigerian President Olusegun Obasanjo,
should have, in fact, called for Zimbabwe's expulsion from the Commonwealth.

      Lovemore Madhuku, the chairman of the National Constitutional
Assembly, said: "What this all means is that this generation of African
leaders, including Mbeki and Obasanjo, cannot lift Africa out of its crisis.

      "What it means is that Zimbabweans have to resolve their own problems
as we have always said and leave Mbeki and Obasanjo to protect the
oppressors of the African people."

      Tony Leon the leader of the South African opposition Democratic
Alliance said South Africa had abandoned the Commonwealth multilateral
mechanism for dealing with the crisis in Zimbabwe without even considering
the case on its merits.

      Leon said: "How can we make any sense in our call for the United
States to be guided by multi-lateralism in respect of the crisis over Iraq
when we have broken the spirit of multi-lateralism of the Commonwealth?
Mbeki's spokesperson Beki Khumalo lashed out at Australian Premier John
Howard for going public with details of a private discussion by announcing
that Mbeki and Obasanjo had unexpectedly called off a meeting with Howard.
The Troika meeting would have deliberated on whether or not to readmit
Zimbabwe into the Commonwealth."

      Khumalo said Mbeki and Obasanjo had not taken a final stance and were
still consulting.
      He said: "Howard should at least speak for himself, and not on behalf
of President Mbeki."

      Last March, the Troika was mandated to handle the Zimbabwean issue and
suspended the country from the councils of the Commonwealth for a year for
gross abuse of human rights, muzzling the Press and general lawlessness. The
Troika was highly critical of the March 2002 presidential election,
controversially won by Mugabe.

      Obasanjo wrote a letter to Howard, stating that he, together with his
South African counterpart, Mbeki, were no longer interested in extending
Zimbabwe's suspension.
      In his letter made public on Tuesday, Obasanjo detailed what he said
was progress made by Zimbabwe since the sanctions were imposed after Mugabe'
s disputed re-election.
      However, Commonwealth observers last year concluded the polls were
neither free nor fair.

      Obasanjo said he was backed by Mbeki, leaving Howard outnumbered as
the sole member of the Troika supporting sanctions.

      Howard was in London yesterday, where he was expected to discuss the
crisis with British Foreign Secretary Jack Straw and Commonwealth
Secretary-General Don McKinnon.

      Howard heads the Troika set up by the 54-nation group of mainly former
British colonies last year.

      Earlier, Howard was quoted by Reuters as saying Mbeki had telephoned
him to say that he and Obasanjo wanted the meeting to be cancelled because
they disagreed with Howard's view of extending the suspension.

      But Howard said the crisis had worsened and he planned to lobby the
Commonwealth to continue the suspension, arguing the country's leadership
had not done anything to warrant readmission.

      Yesterday, the State-controlled Herald said Obasanjo and Mbeki had
effectively killed the Troika by cancelling next month's meeting.

      But Kibazo reiterated: "We expect the review to take place as
scheduled whether they meet physically or decide over the phone."
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Daily News

      Witness dropped from Nkala case

      2/13/2003 6:49:47 AM (GMT +2)

      From Our Correspondent in Bulawayo

      A State witness in the Cain Nkala murder case, Dr Michael Cotton, who
examined one of the suspects, Khethani Sibanda, will no longer testify in
the High Court.

      Justice Lawrence Kamocha last year ordered that Sibanda be examined
after he told the Bulawayo High Court that he had been bitten on the arm by
Nkala as they kidnapped him.

      Sibanda and five other MDC officials, including the MP for
Lobengula-Magwegwe, Fletcher Dulini-Ncube, are on trial at the Harare High
Court for allegedly killing Nkala.

      The trial was adjourned to 17 March. The six have all pleaded not
guilty.

      During the bail application for Simon Spooner, one of the murder
suspects who was later acquitted early last year, Sibanda had a wound on his
arm which he claimed were Nkala's bite marks.

      Cotton's medical report said the marks on Sibanda's arm were not bite
marks.
      His report said the marks were caused by a sharp instrument not
consistent with bite marks.

      Cotton, whose report was one of the exhibits, was originally listed as
one of the 23 State witnesses to testify, but his name has been struck from
the list.

      No comment could be obtained from the Attorney General's Office on the
development.
      Nicholas Mathonsi, one of the defence lawyers, yesterday confirmed
that Cotton was no longer one of the State witnesses.

      Asked why the doctor's name had been struck off the list, Mathonsi
said the State appeared to have realised that the doctor's evidence was not
going to be of any help to their case.

      "One would actually believe that the doctor's evidence is useful to
the defence," he said.

      So far six witnesses, who include the widow of the late war veterans
leader, Sikhumbuzo, and his daughter, Zenzele have testified in the trial.
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Daily News

      Voracious armyworm wreaking havoc

      2/13/2003 6:48:37 AM (GMT +2)

      Farming Editor

      THE voracious armyworm first reported in Guruve last month, had by
yesterday invaded almost all provinces, except Matabeleland.

      There are fears the country does not have adequate chemicals to
control the invasion.
      All chemicals used to spray crops affected by the pest are imported.

      Late planted maize and pastures were under threat from the worm, now
spotted in Zaka, Gutu, Bikita, Mutema Irrigation near Birchenough Bridge,
Middle Sabi, Chibuwe, Makoni, Rusape, Chiendambuya, Arcturus, Ruwa,
Goromonzi, Murehwa, Marondera, Macheke, Beatrice, Bindura, Madziwa, Snake
Park, Norton, Darwendale, Shurugwi, Pakami, Wundura farming area in
Midlands, and Kuwadzana in Harare.

      The worm is likely to worsen the vulnerability of crops already
affected by the erratic rains since the beginning of the rainy season last
October.

      Total hectarage of maize planted is about 91 percent of 1990's average
and 86 percent of the maize-planted last season.
      Dr Godfrey Chikwenhere, head of the entomology section under the
Department of Research and Extension, said yesterday the armyworm was
spreading and the latest outbreak was reported in Gokwe yesterday.

      The last serious armyworm invasion was in the 1991/1992 farming
season, a drought year.

      In that season, the worm destroyed maize plants at knee level (late
planted) countrywide resulting in serious food shortages.

      Chikwenhere said the worm attacked only the late planted maize crop,
now at knee height, while the early planted maize was safe.

      He said: "We are supplying chemicals to farmers in communal areas and
those resettled under A1 model (villagised scheme). Large-scale commercial
farmers and those resettled under the commercial farming scheme (A2) are
encouraged to buy their own chemicals."
      Asked if the department would be able to eradicate the pest,
Chikwenhere referred questions to the acting director of the Department of
Research and Specialist Services, Dr Shadreck Mlambo, who was not available
yesterday.

      Chikwenhere said: "I do not know if we will be able to control the
armyworm. In the 1991/1992 year, we managed to eradicate it because we had
the resources, enough vehicles and fuel."
      Contacted yesterday, some major suppliers of the armyworm pesticide,
Carbawl 85 percent WP, said they did not have enough stocks to deal with a
national outbreak.
      Windmill (Pvt) Limited managing director Andy Humphreys said: "We have
about three tonnes of Carbawl but it is disappearing fast from the shelves.
It is enough for our normal supplies but we will not be able to meet
emergencies. We will have to look for foreign currency to import more."

      An Agricura (Pvt) Limited official said: "We do not have enough
Carbawl for a national outbreak, but we have stocks of about one tonne."

      Silas Hungwe, the Zimbabwe Farmers' Union president, expressed concern
that the armyworm had spread countrywide while many farmers had no capacity
to control it.
      Hungwe said: "The government should supply chemicals to both the A1
and A2 farmers because they have no means of eradicating the armyworm. It is
catastrophic because no plant will survive if attacked by the armyworm."

      In Zimbabwe armyworm outbreaks normally occur in drought years. The
armyworm is bred from an insect called noctud, which normally breeds in
Mozambique and Zambia.

      It only breeds in Zimbabwe when winds caused by drought carry the
insect from Mozambique and Zambia to Zimbabwe.
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The Times

            Questions of Sport
            A quiet courage that showed England how it should be done;

            AS A former Zimbabwean with a deep love for that country and its
people, I read with tears the brave statement by Andy Flower and Henry
Olonga (Sport, February 11, 12).
            How good it would have been if the England team, rather than
pulling out because of fears for their own safety, had taken the moral
stance and played in Harare wearing black armbands, as the two courageous
Zimbabwean cricketers did. The people of Zimbabwe, both black and white,
deserve our support.

            Lesley Hulley, Bath, Somerset

            Stand up and be counted

            MY MAIN regret is that Nasser Hussain (Debate, January 3, 17;
February 4) did not have the courage and vision to take the bull by the
horns, even a few weeks ago, and simply stand up with his team and say: "We
will not play, end of story. You (ICC, ECB, politicians, etc) have to accept
that and work out how you're going to deal with it."

            He would have been the hero of the story and made his mark on
history well beyond the confines of cricket. The pity is, I really thought
Hussain had it in him; instead he has seemed to me as dubiously indecisive
as the administrators, which history will record. It's all too little too
late.

            A symbolic statement of withdrawal was both powerful and
necessary from a moral and practical standpoint. Anything done to highlight
the deplorable situation in Zimbabwe and to apply any amount of pressure for
change must be worth pursuing. To argue that very publicly boycotting an
important cricket match, with the world's media watching, would not make any
difference is stupid, blinkered or, given the commercial incentives driving
some people, cynically greedy. In ten years' time, when we read about the
many who died at the hands of the Mugabe regime, any gesture, large or
small, will have seemed worth it, whatever the financial or political cost.

            It has taken two Zimbabwean cricketers, who have so much more to
lose, possibly even their lives, to stand up to Mugabe and be counted in a
visionary and peaceful way. The only thing that could possibly redeem this
situation is if, by the end of the tournament, every single player and
official picks up the baton from Flower and Olonga, and dons a black armband
on behalf of the oppressed Zimbabwean people.

            Richard Hallward, Warsaw, Poland

            Beacon of courage

            WHAT a beacon of courage shines out from the debacle of World
Cup cricket. Two men have shown everyone that difficult decisions can be
made. Maybe their decision to stand up and be counted has helped focus the
debate and pricked a few consciences.

            Nicky Gill, Richmond, Surrey

            Shabby pretence

            THE most shabby pretence by the ICC is that playing World Cup
cricket in Zimbabwe will somehow promote the health of the sport in that
country. Owen Slot's article (Sport, February 6) shows quite clearly that
Mugabe's anti-white and anti-non-Zanu PF policy is already substantially
destroying the sport.

            Does the ICC honestly believe that the game of cricket, let
alone the lives of many Zimbabweans, will be improved under Mugabe's policy
of violence, beatings, political murder, general repression and mass
starvation?

            John Cooney, Esher, Surrey

            A gesture worth making

            THERE is no such thing as guaranteed 100 per cent safety, so I
sympathise with the England players. But a sense of having "ducked out"
remains. This is quite in character with a team that, in recent years, has
slumped in situations where everyone has willed them to stick out their
chests and respond to a challenge.

            England could have turned their appearance in Harare into a mute
statement by wearing black armbands, or donating part of their match
earnings to charities to ease the suffering of at least a few Zimbabweans.
Only a gesture? Sure - but one that would have filled them with pride.

            Whatever the consequences for Andy Flower and Henry Olonga,
professionally and personally, their dignity, courage and the respect of the
world cannot be taken away from them. They delivered a slap in the face to
Mugabe and his henchmen. Meanwhile, England move on in the tournament,
probably losing points and having made a negative rather than a positive
decision. They could have risen to the occasion. They didn't.

            Marc Beckers, Steinbach, Germany

            Too little, too late

            DELAYING any decision until the last possible moment serves only
to dilute the message. The players' security is paramount but this concern
has been used as a smokescreen by administrators and politicians to avoid
debating whether we should have sporting links with an evil regime. Given
the nature of sport as a symbol of friendship between nations and their
governments clearly we should not.

            I do not blame the players for the indecision: they are just
honest folk who happen to be good at playing cricket. The administrators
should have been unequivocal from the start and the Government should have
stepped in decisively at an early stage and cancelled the fixture.

            David Bradshaw, Hassocks, West Sussex

            South African threats

            IF THE England team believe they had grounds to justify not
playing a cricket match, then so be it. But when Percy Sonn, president of
the South African cricket board, threatens to withdraw the South African
team from their tour of England this summer, I do get mad (Sport, February
11). This is pathetic and childish tit-for-tat bickering.

            The board should have made itself useful, for once, and
concentrated on facilitating England's negotiations regarding Zimbabwe in
order to reach a satisfactory compromise.

            Mark Preiss, Rivonia, South Africa

            A sorry mess

            I BELIEVE that the ECB was right in its original stance that
England should play in Harare. Unfortunately, the subsequent vacillation
left the England team in an impossible situation. If they really had fears
about security, then they were bound to be nervous if they had played. Not
going to Harare means the team have given themselves a huge task in
qualifying for the second stage, without speaking of the financial loss to
the players and to cricket in England as a whole.

            This sorry mess could have been avoided if the Government had
made known its views when it was first aware that the game was scheduled for
Harare, rather than waiting for an off-the-cuff remark by Clare Short on the
radio.

            Gerald Ratzin, London SE21

            Positive thought

            ONE positive thing to come out of this debate is that the
problems of Zimbabwe have been highlighted and have reached an ever wider
audience.

            Roy Farrar, Lincoln
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ICC Gives England More Time

The East African Standard (Nairobi)

February 13, 2003
Posted to the web February 12, 2003

Nairobi

England have been given until 7pm today to hand in an appeal to have their
World Cup Group A match against Zimbabwe moved to South Africa.

England and Wales Cricket Board (ECB) spokesman Andrew Walpole told
reporters: "We have until 7 p.m. tomorrow to deliver our legal submission to
the World Cup technical committee." The game was scheduled for today but the
England board refused to travel to the country because of their players'
safety concerns.

The ECB continued to argue after losing a supposedly binding appeal over the
issue after the International Cricket Council (ICC) ruled Harare was safe.

The matter will now return to the tournament technical committee for a
second time. It will decide either to switch the match to South Africa,
cancel the game altogether and share out the points or award a win to
Zimbabwe by default.

The ICC has yet to set a date for the committee hearing. Sources close to
the negotiations said the matter was not likely to be resolved until next
week at the earliest.

Meanwhile, the Zimbabwe Cricket Union (ZCU) warned yesterday its cricketers
would not play their World Cup match against England if it was switched to
South Africa on grounds other than safety and security.

"If it's (the reason to switch the game) outside the issues of safety and
security, I don't think it will be agreeable to us," ZCU chairman Peter
Chingoka told a news conference on yesterday.

"The Namibians had a good three days here. They were safe and secure and the
match was played in very good spirits." - Reuters
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MSNBC

US says Commonwealth should not let Zimbabwe back

WASHINGTON, Feb. 12 - The United States said on Wednesday it opposed
readmitting Zimbabwe to the Commonwealth until the government of President
Robert Mugabe gave a commitment to address concerns about human rights.

       The State Department said that, although the United States is not a
member, it was concerned at reports that Nigeria and South Africa favor
ending the suspension of Zimbabwe's membership of the group of countries
associated with Britain.
       The 12-month suspension was imposed last March because foreign
observers said that Zimbabwean elections were flawed and in protest at
Mugabe's policy of seizing many white-owned farms for redistribution to
landless blacks.
       ''Although we are not a member of the Commonwealth, we applaud the
government of Australia's call for a continuation of the suspension, which
we believe is warranted,'' said State Department spokeswoman Anne Marks.
       Australia is one of Washington's strongest allies in its campaign to
mobilize support for an invasion of Iraq if Baghdad does not meet U.N.
disarmament requirements.
       Marks said: ''Zimbabwe has done nothing to address the fundamental
concerns about human rights, rule of law and basic respect for democratic
values that led to its suspension from the Commonwealth and to the
imposition of sanctions by the United States and other international actors.
       ''Lifting Zimbabwe's suspension without its clear commitment to
redress these problems would reflect poorly on the Commonwealth's commitment
to promoting basic values of democracy and respect for human rights. It
would also send a dispiriting message to the vast majority of Zimbabweans,''
she added.
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epolitix

      Britain hails 'moral victory' over Zimbabwe game

           The government has hailed the cancellation of England's cricket
match against Zimbabwe as a moral victory.

            Today would have seen captain Nasser Hussain lead his team out
to face the national side in Harare as part of the World Cup.

            At the 11th hour the team decided to abandon the fixture citing
security concerns.

            The government was opposed the game going ahead because of the
deteriorating situation brought about by Robert Mugabe's government.

            The Department of Culture, Media and Sport said the decision was
a "moral victory". "Mugabe has not been handed the propaganda victory," said
a spokesman.

            The department said that given official warnings had been made
months ago and the international cricket authorities knew of the crisis
facing Zimbabwe, the match should never have been planned in the first
place.

            "We understand the England team's concerns for not playing on
both political and security grounds," said a spokesman.

            "We are particularly mindful of the British dimension to this
due to the fact that there are many ex-pats who are suffering alongside the
people of Zimbabwe as a result of the Mugabe regime."

            There was also a tribute to the members of the Zimbabwe team who
wore black arm bands in their opening game to mourn the death of democracy.

            "That was a particularly brave gesture, given the current
climate," said the spokesman.

            England and Wales Cricket Board chief Tim Lamb said there were
"no winners in this situation".

            But Zimbabwe claims England's players would have been safe. "The
Namibians had a good three days here. They were safe and secure and the
match was played in very good spirits," said Zimbabwe Cricket Union chairman
Peter Chingoka.
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The Guardian

France forces fudge on Mugabe sanctions

Ian Black in Brussels and Michael White
Thursday February 13, 2003
The Guardian

European Union governments last night renewed a travel ban on Robert Mugabe
and his top officials but gave the green light to the Zimbabwean leader to
attend a summit in Paris.
Ambassadors meeting in Brussels ended weeks of disarray by agreeing that the
"smart" sanctions imposed on Harare's senior leadership would be extended
for a year.

The deal was condemned as "a kick in the teeth for the suffering people of
Zimbabwe" by the shadow foreign secretary, Michael Ancram, and by Labour MPs
and MEPs.

"The messages to Zimbabwe have to be very clear and this is a very muddy
deal," said Ann Clwyd MP. Glenys Kinnock MEP, who will today launch a plan
to stop Zimbabwe sliding further into chaos, condemned the regime's
"violence, intimidation and torture".

Yet the EU's decision came a day after Nigeria and South Africa urged an end
to Commonwealth sanctions against Zimbabwe, claiming progress has been made
towards restoring democratic standards.

The envoys failed to decide whether to postpone a planned EU-Africa summit
in Lisbon, scheduled for April, after threats from Britain and others that
it would be boycotted if the Zimbabwean president attended.

Diplomats said a final decision will be made tomorrow. But the row is likely
to deepen tensions over EU foreign policy, which is already strained by
disarray over Iraq.

It took four meetings in as many weeks for the union to get its act together
in the face of insistence by President Jacques Chirac that Mr Mugabe attend
a Franco-African summit next week.

France had made clear it would not support the extension of the measures if
it was prevented from holding its summit. This led to a row between Britain
and France, with Mr Chirac telling an angry Tony Blair that engagement was
more effective than sanctions.

The measures ban travel to Europe by top Zimbabweans, as well as freezing
their assets and maintaining an embargo on weapons that might be used for
internal repression.

The ambassadors of Britain and several other countries insisted on
registering their objections to the temporary French "opt-out". This will
enable Mr Mugabe to visit Paris - a development seen as making a mockery of
the sanctions regime and the EU's claim to have a common foreign policy.

As he left for a trip to China last night to discuss North Korea, Mr Ancram
called the deal proof of "double standards adopted about human rights in
Zimbabwe by the EU. It is a cynical stitch-up which the British government
should have resisted from the start and made clear we would have no part
in".

Future exceptions to sanctions, such as attendance at international
conferences, will have to be approved by majority vote.

The move follows the protracted wrangling involving England's cricketers and
the International Cricket Council over their first World Cup match in
Harare.

Zimbabwean opposition groups have protested that any avenue granted to
Mugabe to attend international meetings at which he is treated as a
statesman is "an affront to the feelings of the people of Zimbabwe".

The EU imposed the measures last year, accusing Mr Mugabe of rigging
elections, fomenting violence against political opponents and trampling over
human rights.

The decision quickly came under fire. "The EU is being pathetic and sending
entirely the wrong message both to Mugabe and the suffering millions in
Zimbabwe," said the Tory MEP Geoffrey Van Orden.

"What we now have is sanc tions à la carte, with an exemption for Mugabe."

Mrs Kinnock said:"Now is the time to start taking a serious look at how we
strengthen sanctions and do the opposite of what African leaders are
contemplating."
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12 February, 2003
MDC STATEMENT ON GENERAL OBASANJO’S CALL TO LEGITMIZE THE ILLEGITIMATE MUGABE REGIME.

The statement of unconditional support for the illegitimate Mugabe regime by President Olusegun Obasanjo of Nigeria with the concurrence of Thabo Mbeki of South Africa confirms the dishonesty and duplicity, on their part, that has been apparent since the fraudulent March 2002 presidential poll.

The two have always maintained a dubious and dishonourable agenda to subvert the mandate of the Commonwealth troika, with the ultimate aim of covering up the crimes against humanity that the Mugabe regime perpetrates daily on the people of Zimbabwe.

Obasanjo alleges that the ball is in the camp of the MDC to break the impasse and that therefore the party should withdraw its election petition in order for Mugabe to come back to negotiating table. We state categorically that the MDC has no intention whatsoever to withdraw the petition. To do so will be tantamount to legitimising Mugabe, which we will never do. That is certainly not on the MDC agenda.

The international community must be reminded of the dishonest fact that even though the Nigerian and South African observer missions had legitimised, with subsequent validation of the nakedly fraudulent and violent poll by the respective governments, Obasanjo and Mbeki proceeded to accept the responsibility to serve in the troika.

The mandate of the troika represented a total repudiation of the positions of the Nigerian and South African governments vis-à-vis the crisis of governance in Zimbabwe. The inescapable conclusion, therefore, is that Obasanjo and Mbeki have been partners in a huge confidence trick designed to beguile or fool the international community as regards their real and nefarious intentions.

Their overall stratagem all along has been to infiltrate and subvert the Commonwealth effort in a diabolical endeavour to create an escape route for Mugabe to avoid international censure. Tragically, this act of disreputable leadership solidarity can only serve to exacerbate the already dangerously high levels of crisis and polarization in Zimbabwe.

Zimbabwe was suspended on the basis of its failure to hold a free and fair election. The Mugabe regime remains illegitimate, the rule of law continues to be subverted, human rights are constantly violated, the electoral process remains flawed, state sponsored violence constitutes a central pillar of illegitimate rule.

All democratic space remains closed in Zimbabwe. This has manifested itself in the torture of MDC leadership and legislators by the regime’s security services and the blanket ban of all MDC meetings and political activities.

The significance of the Commonwealth troika to suspend Zimbabwe from all councils of the Commonwealth is in that Mugabe is considered to be illegitimate. The conditions of the suspension were that Zimbabwe was to address these problems and the review was to follow after 12 months. None of these Commonwealth issues have been addressed.

Instead the regime’s official position has been to reject the Commonwealth Observer mission’s election report, reject the suspension and also to ban the Commonwealth Secretary General from entering Zimbabwe. One of the conditions was that the regime would open negotiations with the Secretary General in pursuance of the resolution of the crisis. This has also not been done. It is therefore dishonest for Obasanjo and Mbeki to allege that the concerns of the Commonwealth haven addressed.

Whatever positions the two presidents may have taken it is essential to remind the progressive world that the crisis in Zimbabwe remains unresolved. Mbeki and Obasanjo on their part have clearly decided to abdicate their responsibility leaving the people of Z Zimbabwe exposed to mortal danger.

Sadly, President Obasanjo seems to have also swallowed hook, line and sinker the Zanu PF propaganda that the land reform exercise has been a big success. It is an insult to the people of Zimbabwe to suggest it has been a success when they are actually starving as a result of the chaotic land policy.

It must also be remembered that the suspension was not based on Zimbabwe’s land policy but as a result of its failure to hold free and fair elections.

The decision by the leaders of South Africa and Nigeria that the troika should not meet in the hope the suspension will lapse after if the troika does not meet to review after the 12 months. It is our view that even if they do not meet Zimbabwe remains suspended until the troika meets to unsuspend Zimbabwe.

 

Paul Themba Nyathi
MDC Secretary for Information and Publicity.

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WOMEN OF ZIMBABWE ARISE (WOZA) Press Release
February 13 2002  Woza Valentines Day Walk

Women of Zimbabwe Arise will go ahead with its Valentine's Day noon walk
against violence despite the withdrawal of clearance by police.

On Monday, police in Bulawayo had cleared the walk but revoked this the
following day after Harare had indicated their refusal. Bulawayo Central
District Superintendent cited 'other events that are lined up during that
period' in their about turn.

In Harare Police declined permission using the excuse 'Cricket World Cup
duties' and the 'Security situation does not allow any marches or gatherings
in Harare Central Business District'. Cricket scheduled for Thursday, the
day before the walk was cancelled as England decided to boycott the match.

"During consultative meetings held on Wednesday, women in both Harare and
Bulawayo resolved to go ahead with the Valentine's Day parade. We disagree
with the decision of the authorities as it is in contravention of our
constitutionally protected rights to freedom of expression and freedom of
association. As Women we must object to the violence prevalent in our lives
and lobby for a return to a spirit of love and peace," a spokesperson for
WOZA said.

The spokesperson said while going ahead with the walk, women would take heed
of concerns raised by police when they refused to allow the peaceful
procession.

"No men will be allowed to take part in the walk.  This time round, the
women will leave their pots and cooking sticks at home.  Instead of wearing
black, we will wear white to show that we are walking in peace. We will also
have marshals positioned for the safety of participants," said the
spokesperson.

WOZA has written to United Nations Secretary General Kofi Annan to inform
him of his selection as their Valentine for 2003. They will deliver a letter
to the UN representative in Harare on the day.

Solidarity messages continue to pour in and one received for the women came
from Cricketer Henry Olonga, who said, "Keep the faith and keep believing
that God can bring change to this nation."

The noon walk is meant to spread WOZA' s Valentine's Day message:
"Zimbabweans: learn to love again!  Say no to hate and violence in all its
forms and yes to love.  Love us, respect us an allow us to be women.  Love
us today and everyday."

ENDS
For more information, please email wozazimbabwe@yahoo.com
----------------------------------------------------------------------------
----------------
Editors note: please appreciate that the conveners in Bulawayo and Harare
must respond with caution to any questions so as to secure their defence
position if arrested. The January Political Violence report is available
from the Zimbabwe Human Rights NGO Forum apply to
[zimelectionchallenges@yahoo.com]
----------------------------------------------------------------------------
-----------------

Letter from the Zimbabwe Republic Police Harare Central DHQ
10th February 2003
Women of Zimbabwe Arise (WOZA)
HARARE
Attention: Sheba Phiri  - Jenni Williams
Re: WOMEN OF ZIMBABWE ARISE (WOZA) WALK AGAINST ALL FORMS OF VIOLENCE ON ST
VALENTINES DAY - 14TH FEBRUARY 2003
1. We acknowledge receipt of your letter dated 06 February 2003 in the above
connection.
2. Authority has not been granted in terms of Section 25 (2) of the Public
Order and Security Act Chapter 11:17 subject to the following:
a) We appreciate the move, however the security situation does not allow any
marches or gatherings in Harare Central Business District as this may
occasion public disorder and infringe the rights of members of the public
not involved in the march.
b) The march will interfere with the smooth flow of traffic that is both
human and vehicles as other groups, that is political parties; street kids
and criminals may hijack the march.
c) The Police is (sic) engaged in the Cricket World Cup duties and will not
be able to cover this event.
d) The Police will monitor to ensure that the above conditions are complied
with.
Signed by (D Kupara)
Chief Superintendent Officer Commanding Police
Harare Central District
Date stamped and delivered 12th February 2003  (Hard copy of the letter
available upon request).
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