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New
Constitution No Guarantee For Free And Fair
Poll:Matinenga
http://www.radiovop.com
Harare, February 15, 2013 - The man in charge of
leading the crafting of
Zimbabwe's new constitution says a new bill of
rights for the country alone
is not enough to guarantee Zimbabwe a free and
fair election.
Eric Matinenga, Minister of Constitutional and Parliamentary
Affairs told
Radio VOP in an interview that though the leaders of the
country’s main
political parties have agreed on a new constitution, which
Zimbabweans will
have an opportunity to vote for or reject next month in a
referendum, the
document was no panacea to a free plebiscite.
“A new
constitution will not guarantee us a free and fair election. What is
going
to guarantee us a free and fair election is a culture of
constitutionalism,”
said Matinenga who will retire from government service
when the terms of
office of the current government expires later this year.
“We don’t have
a culture of constitutionalism in Zimbabwe and that culture
of
constitutionalism must always cascade from the top to the bottom. This is
the culture that must be understood and pervades to the generality of the
population,” said Matinenga.
A new constitution is expected to pave
the way for the country’s eagerly
awaited general elections to end
four-year-old unease coalition government
of former political rivals.
Polling
stations to open for 12 hours during referendum
http://www.swradioafrica.com/
By Tichaona
Sibanda
15 February 2013
Zimbabweans wishing to cast their votes
during the referendum will do so
between 7am and 7pm, according to a
statement published in the government
gazette on Friday, and issued on the
orders of President Robert Mugabe.
High turnout is expected on March 16th
as the country decides on the new
constitution. Anyone above 18 years old
and with an ID card will be able to
vote in any polling station
countrywide.
Eric Matinenga, the Constitutional and Parliamentary Affairs
Minister, said
he would have preferred the referendum vote over two
days.
Briefing journalists in Harare on the day he announced the date for
the
referendum, Matinenga said he was going to lobby the ‘powers that be’ to
allow Zimbabweans more time to vote for the new charter.
If
Zimbabweans support the new constitution by voting Yes in the referendum
the
country will proceed to have harmonized elections in July, according to
Prime Minister Morgan Tsvangirai.
The anticipated elections have
caught the attention of the regional and
international community, who fear a
repeat of the violence that rocked
Zimbabwe in the disputed 2008 poll. After
that election over 500 people were
dead, tens of thousands had been tortured
and over 500,000 displaced from
their homes.
Already President Ian
Khama of Botswana has expressed reservations over the
possibility of
peaceful elections being held, saying those responsible for
the “brutality
and intimidation” of 2008 remain in place and ready to act.
Khama told
the Business Day newspaper of South Africa on Wednesday that he
hoped
elections would be peaceful and fair.
‘All I can say right now is that I
hope there will be a credible election …
The reason I say ‘hope’ is because
all the people who were involved in the
brutality and intimidation that took
place back then are still there today,’
Khama said.
Meanwhile Prime
Minister Morgan Tsvangirai has said a special SADC summit
will be held soon
on Zimbabwe, to ensure the forthcoming elections are free
and
fair.
Speaking while addressing civic society leaders on the draft
constitution,
Tsvangirai said: “We will have a special summit on Zimbabwe on
conditions
for free and fair elections with SADC. We will not allow a repeat
of the
culture of violence and abuse like what happened in 2008. I do not
want to
be part of a war against the people.”
Pedzisai Ruhanya, a
director with the Zimbabwe Democracy Institute, said: ‘I
think SADC has said
it loud and clear that they will not accept an election
that is not free and
fair and an election that is marred by violence.”
Isolated Doma tribe in the dark about referendum and elections
By Tichaona Sibanda
15 February 2013
One of the country’s most isolated and reclusive tribes has very little
knowledge about the forthcoming referendum and elections, an aspiring MDC-T
parliamentary candidate claimed on Friday.
The Doma tribe from Angwa in the Dande valley in Mashonaland Central
province still wear very little clothing, although both men and women will wear
animal hide around the waist.
Blessing Karembera, who is challenging to represent the MDC-T in the next
elections, told us the Doma (who speak the indigenous Korekore language) have
defied civilization and still uphold their ancient cultural and traditional ways
of life.
Speaking on SW Radio Africa’s Election Watch program Karembera described
the Doma tribe as completely unaccustomed to modern society and
technology.
‘They still hunt for food using bow and arrows and some still do not wear
clothes apart from covering their genitals. They possess excellent skills in
gathering and hunting but they still shun strangers…if you want to speak to them
you go through their chief or else they run away from unannounced visitors,’
Karembera said.
Karembera explained that the Doma tribe was completely ‘cut off’ and that
the constituency they live under is one of the least developed areas in the
country. The Mbire constituency falls under ZANU PF, whose MP is Herbert Paul
Mazikani.
‘Government has forgotten all about the Doma tribe. I was in the area two
weeks ago and they have no knowledge the country will be going for a referendum
in a month’s time,’ he said, adding that he wondered if the Doma were ever
consulted during the constitutional outreach program.
He blamed the former ruling ZANU PF regime for not introducing
government-mandated modernization programs for such tribes, in the face of
technological development.
‘There is no road network. The only tarred road you see is in Mahuhwe which
is 70km away. While we want to respect their privacy, we need the government to
move in and modernize the area and make it accessible to health workers.
‘It looks like the majority of them were not even registered to vote so I’m
making every effort to ensure officials from ZEC visit the area and get them to
register,’ Karembera added.
The constituency is also well known for the bloody violence that was waged
by Mazikani and his followers during the 2008 poll. The incumbent MP has been
described as the chief perpetrator of political violence by many victims of his
terror campaign in that part of the Dande valley.
Karembera said many MDC-T supporters from the constituency, who were
victims of his extensive and brutal trail of assault and torture, still fear
him.
Mazikani was also known for his well-calculated method of instilling fear
in his victims, assaulting and torturing them at his rallies as a warning to all
those who were supporting or dared to vote the MDC.
ZESN
thrashes referendum timeline
http://www.thezimbabwean.co.uk
15.02.13
by Ashly
Sibanda
The Zimbabwe Election Support Network (ZESN) has expressed
concern over the
timing of the referendum, saying the date is too soon to
organise and hold a
credible plebiscite.
Government has set 16
March as the date for the referendum.
However, ZESN on Friday said the
Zimbabwe Electoral Commission (ZEC) was not
given sufficient time to prepare
for a credible referendum.
“The date also raises questions about the ZEC
having sufficient time to
organise a credible referendum consistent with the
laws of Zimbabwe as well
as the Southern African Development Community
(SADC) and international
principles and guidelines governing the conduct of
democratic elections,”
ZESN said in a statement.
“The political
decision to hold the referendum undermines the ability of the
ZEC to enhance
its capacity to conduct the election or strengthen its
credibility with
stakeholders and this might be a missed opportunity.”
ZESN expressed
concern that government set 16 March as the date for the
referendum before
gazetting the draft constitution as per international
standards.
The
electoral monitoring body said the set referendum date will also disturb
schooling as most polling stations are located at schools.
“Further,
ZESN is concerned that the referendum date was set before the
draft was
published in the government Gazette. In addition, citizens are yet
to
examine and study the draft as copies have not yet been availed to the
public and plans for civic education by COPAC have not yet been
implemented.
“ZESN also realises that the proposed date will have the
potential to
disturb the already shortened school calendar given that most
of the polling
stations are normally located in schools and most teachers
also serve as
polling officials,” ZESN added.
Zanu (PF), ZAPU and the
MDC’s have urged their supporters to vote YES to the
draft
constitution.
The National Constitutional Assembly (NCA) has said it will
oppose the
draft, arguing that the making of the draft constitution was
flawed and was
not people-driven.
The NCA has also threatened to take
legal action against the government for
unilaterally announcing referendum
dates.
Khama
sceptical about Mugabe peace calls
http://www.newzimbabwe.com
14/02/2013 00:00:00
by Staff
Reporter
BOTSWANA President Ian Khama has expressed reservations over
the possibility
of peaceful elections in Zimbabwe saying those responsible
for the
“brutality and intimidation” of 2008 remain in place and ready to
act.
Speaking in Gaborone on Wednesday, Khama said he hoped elections
which Prime
Minister Morgan Tsvangirai suggested could be held in July would
be peaceful
and fair.
"All I can say right now is that I hope there
will be a credible election …
The reason I say ‘hope’ is because all the
people who were involved in the
brutality and intimidation that took place
back then are still there today,"
he told Business Day.
"I have not
seen any evidence that they have changed their attitude towards
trying to
ensure that Zanu (PF) will emerge victorious."
Zimbabwe will vote on a
new constitution on March 16 and hold crunch
elections in July, Tsvangirai
said on Wednesday, setting a timetable that
will end the unity
administration between the MDC-T leader and veteran
President Robert
Mugabe.
Tsvangirai won the first round of the Presidential ballot in 2008
but pulled
out of the run-off accusing Mugabe of brutalising his
supporters.
Khama said he feared a repeat of that violence.
"I
think that they (Mugabe supporters) are still capable of trying to engage
in
intimidation, deploying the security services to bring that about …
telling
the people in the security services how they should vote. The
potential for
that is still there."
Both Mugabe and Tsvangirai have urged supporters to
desit from violence and
ensure peaceful elections.
Still, Khama said
he would urge his SADC colleagues to send an election
monitoring team well
before the polls "so that you can monitor all the kinds
of things that went
wrong before the election last time and give comfort to
the citizens, to be
able to go about their political campaigning knowing
observers are
there."
He said the Zimbabwean authorities should be persuaded to drop
their
objections to international observers.
Chiefs
to lead village campaign for ‘Yes’ vote
http://www.dailynews.co.zw
Friday, 15 February 2013
11:33
MASVINGO - Traditional chiefs will lead a grassroots civic education
programme to campaign for the adoption of the draft constitution in a
referendum set for March 16.
The programme will see the traditional
leaders going into villages to
interpret the draft constitution to the
villagers who they say lack
understanding of the document.
Speaking
to the Daily News on the sidelines of an annual chiefs’ conference
underway
in Masvingo, Chiefs Council leader Fortune Charumbira said
traditional
leaders will play a leading role because of their connection to
grassroots
communities.
“We have brought copies of the draft constitution that we
will give to every
chief who is here. They will then take it to their people
to interpret the
document as we kick start our ‘Yes’ vote campaign,”
Charumbira said.
Charumbira said traditional leaders will be backing the
draft but they still
have reservations with some clauses, which he said need
revision.
“We are fully behind the draft constitution but there are some
clauses and
sections that need to be refined and we will continue to fight
for that,” he
said.
The chiefs are unhappy that the draft
constitution has clipped some of their
powers over land matters.
“All
rural land should be placed under the control of chiefs but this draft
does
not allow us to do that. That is why we say there is need for some
fine-tuning, but we will however, go for the “yes” vote and make sure that
our people are fully aware of the process and document ahead of the
referendum,” he said.
The traditional leaders’ conference ends on
Saturday and will be officially
opened by President Robert Mugabe today. -
Godfrey Mtimba
WOZA
activist arrested for disrobing at police station in protest
http://www.swradioafrica.com
By
Violet Gonda
15 February 2013
In Mutare last month ZANU PF activist
Sheila Mutsenhu took off her clothes
in front of the US Ambassador to
Zimbabwe, protesting the targeted sanctions
imposed by western countries.
She wasn’t arrested.
But on Thursday Bulawayo police arrested a Women of
Zimbabwe Arise activist,
Bertha Sibanda, who removed her clothes inside the
police station in
protest, after she was beaten for taking part in
demonstrations by the
pressure group.
WOZA leader Jenni Williams told
SW Radio Africa that Sibanda was part of a
group of over 180 activists who
took part in anti police brutality
demonstrations in Bulawayo on Valentine’s
Day.
“Sibanda is charged with contravening section 132 of the Code; that
is
publicly exposing herself and being a nuisance,” Williams
said.
The WOZA leader said this should have been an offense that
attracted nothing
more than a fine, but the police are going to keep her in
custody over the
weekend to punish her.
“Even under the new
constitution there is no one who will be kept in custody
for longer than 48
hours and they know this but they are just punishing
her.”
The group
says the Valentine’s Day demonstration was part of their annual
‘One Love’
protests.
Police refused to comment but WOZA says 190 people, including a
number of
bystanders, were arrested.
“We estimate over 50 members
were beaten with the hard rubber baton sticks
that the riot reaction group
police carry,” read a WOZA statement.
The pressure group is also calling
on authorities to provide enough
information to members of the public on the
new draft constitution, so that
people can make informed decisions at the
referendum, scheduled for March
16th.
“They only want to give us 30
days to read this very complex document and
decide whether we should vote
yes or no.” She added: “So we are demanding a
proper outreach process so
that we have time to read and understand so that
we don’t just rush to vote
no, as we did before.”
Meanwhile US Ambassador Wharton has said he is
very concerned about the
unequal application of the law in
Zimbabwe.
“In the last few weeks I have observed and thought about one of
the
challenges that I believe threatens Zimbabwe’s stability and prosperity:
unequal application of the rule of law. Since November, we have seen
elements of the Zimbabwe Republic Police engage in a clear pattern of
harassment through arbitrary detentions, politically-motivated searches, and
arrests on spurious charges against individuals and entities that are
operating within the law.
“The U.S. is committed to a prosperous
Zimbabwe which respects the rights of
its peoples. As President Obama’s
representative here, I am deeply concerned
about the pattern of harassment
of civil society organizations and the use
of violence against civilians by
elements of the Zimbabwe Republic Police –
such as occurred against
protestors from Women of Zimbabwe Arise (WOZA)
yesterday in Bulawayo.”
WOZA: 195 arrested, scores beaten
Press statement Women of Zimbabwe Arise
(WOZA)
Women of Zimbabwe Arise (WOZA) members in Harare and
Bulawayo
conducted their traditional Valentine’s Day protests and both
protests
were marred by beatings and arrests. This is the 11th year WOZA
has
conducted such a protest and this year’s theme is under the theme
-
One Love. One hundred and ninety five were arrested then released
after
some hours but one woman remains in custody.
At 2 o’clock on 13 February
2013, Harare members marched towards
parliament in two separate formations.
Riot Police based at
Parliament disrupted the both protests and fired 5
canisters of tear
gas to disperse the over 1000 strong protest sending
members and
bystanders scurrying for cover. Many people were affected by the
tear
gas and some children were seen crying. Business came to a
standstill
due to this indiscriminate use of force to disrupt a peaceful
protest.
Over 25 members had to seek medical attention including the 8
members
who were arrested at parliament and beaten by the 8 Riot police
during
the 20 minute wait for the police van to take them into custody.
A
ninth bystander a male, had his cell phone taken and was separated
from
the others and beaten for over 20minutes between the police
reaction group
headquarters in Harare’s Cramborne Barracks and Harare
Central police
station.
The 8 arrested were Jennifer Williams, Magodonga Mahlangu,
Clara
Manjengwa, Hilda Murapa, Enia Mazambare, Tambudzai
Manangazira,
Siphetheni Ndlovu and Maria Majoni. As the women arrived at the
Police
station, the receiving police officer chided his uniformed
colleagues
for ‘arresting WOZA’ and told them to take them away. For over 2
hours
no progress was made and it was unclear if the 8 were in detention
or
not but their liberty was obviously curtailed. After they were
release
all 9 including the bystander spent another 3 hours lodging a
formal
complaint about the beatings, tear gas and abuse they had suffered.
A
police report number is available for the complaint. All nine then
were
taken to hospital for treatment and x-rays for the brutality
meted out on
them at Parliament.
On 14February 2013 members in Bulawayo conducted
their Valentine’s Day
protest. Members decided to march to the police
Headquarters in 9th
Avenue, at Southampton House. Members wanted to demand
that the Police
respond to formal complaints about police beatings and
brutality.
Police brutality prevailed during a Water protest on 12 November.
WOZA
then marched to hand over a protest on 29 November but no response
was
forthcoming.
The 4pm protest began with smoothly but when the 8
protest groups
number 800 members neared Southampton house, Riot police
swooped and
began indiscriminately beating members. WOZA leaders Jenni
Williams
and Magodonga Mahlangu managed to regroup the protest and after
many
skirmishes managed to get the members to sit down on the pavement
so
that official proceedings could begin. As this began senior
ranking
officers repeated order for Riot officer to beat the two activists
who
were still recovering from the Harare protest assault.
Police
officers began arresting any male person they observed with a
camera,
numbering 6.
The police boss then requested Williams to go upstairs to
the officer
to dialogue with the police provincial leadership. After
obtaining
assurances that nothing would befall the members and that the 6
men
arrested would return with Williams, her and a colleague
went
upstairs.
The meeting was to be short-lived as the officers were
obviously not
cooperative and kept blocking progress by insisting on a formal
letter
requesting an appointment to receive feedback on the many
complaint
letters. The meeting came to an abrupt end when Williams
was
telephoned by Magodonga Mahlangu to say all the participants had
been
arrested by the Riot Reaction group and taken to the Bulawayo
Central
Police station. Williams then walked out of the meeting and
handed
herself into custody with 179 other members. The 6 male members
were
also still in custody at Southampton house.
The same police
bosses who had attempted to meet Williams, then
arrived at the station and
misled the meeting with Williams had been
fruitful and that they did not know
why or how the members came to be
in the police station but that they should
leave immediately. Williams
then addressed members say they would leave
police custody but only if
the missing 6 male members were also released as
they had all been
together. Without any further dialogue the officers barked
order to
the Riot Reaction group to remove the 180 members forthwith from
the
police station. A few members were then beaten again.
It
transpired that of the six men that remained in custody only 1 is a
WOZA
members, the others bystanders who took photos of the protest.
They were this
night tortured by intelligence agents and then released
home for the night
with instructions to return at 9am on 15 February.
The woman, Bertha
Sibanda is in custody for ‘indecent exposure’. She
was one of the 180 in
custody and she stripped naked in the police
station in frustration at not
having her complaints addressed. She is
one of the 11 members who were in a
Water protest that police
violently disturbed and was subjected to tribal
insults about
Gukurahundi when she lost family to this
massacre.
Meanwhile 6 members had medical attention, one of who has to
have 3
teeth pulled due to batons stick injury to her mouth.
Several
members have reported being called by police officers
requesting information
about the protest plans and made the offer of
money for information. Two of
the calls were made from Bulawayo number
60248 Code (00 263 9). WOZA suspect
this number to be of an
intelligence office. WOZA invite activism to assist
us in holding this
intelligence office accountable for harassment and beating
of WOZA
members in an attempt to curtail their right to protest.
WOZA
handed over their demands contained in the February 2013 Woza
Moya
Newsletter.
Ends
14 Feb 2013 For more information, please call Jenni
Williams +263 772
898 112 or +263 712 213 885 or Magodonga Mahlangu +263 772
362 668 or
email info@wozazimbabwe.org or wozazimbabwe@yahoo.com or
wozazimbabwe@googlemail.com. Visit
our website at
www.wozazimbabwe.org. You can also follow
us on Twitter at
twitter.com/wozazimbabwe or find us on Facebook.
Text
of Woza Moya Newsletter demands: Women of Zimbabwe Arise (WOZA)
members are
happy to hear that the final Draft Constitution was
presented to parliament
on 6th February 2013 after a long struggle.
The Draft was approved by the
Parliament after the Select Committee
presented along with a full report on
the constitution-making process.
Members can begin to celebrate and defend
the gender equality gains in
the Draft as a paper victory. But Zimbabweans
and WOZA members must
study the draft carefully and start to list the desired
amendments.
The main amendment will be for a devolved system of government
with
adequate resources.
WOZA has selected a special theme to
commemorate this moment in
history as we celebrate Valentines’ Day 2013. The
theme chosen should
send a message to Zimbabweans to unite for our country,
so we took
inspiration from the words of Bob Marley that he wrote in the
song
Zimbabwe.
Every man gotta right to decide his own destiny. And in
this judgment,
there is no partiality So arm in arms, with arms, we will
fight this
little struggle, we gonna fight, fight for our rights. No
more
internal power struggle. We come together, to overcome the
little
trouble. Mash it up in a Zimbabwe. Natty trash it in a Zimbabwe. I
and
I a liberate Zimbabwe To divide and rule, Could only tear us apart.
In
everyman chest there beats a heart So soon we’ll find out who is
the
real revolutionaries. And I don’t want my people to be tricked
by
mercenaries. Every man got a right to decide his own destiny
And so
inspired by these words, as we march and sing this song on
Valentine’s Day we
do so under the theme taken from another song by
Marley – ONE
LOVE!
WOZA await the formal presentation of the Draft to the nation
for
study. In the meanwhile WOZA is joining the call to the
inclusive
government to ensure that the referendum is credible and that
the
people be afforded a free and fair framework to exercise their
choice.
? WOZA members expect the following conditions in order to
fully
participate: ” The Draft be available as widely as possible in
the
major languages. ” An adequate period for the campaign to enable
all
voters to have time to read and understand the Draft
Constitution
before making their choice. A minimum of two months is
required.
” Suspension of the provisions of POSA for anyone to meet and
discuss
freely without harassment or arrest. ” A consulted and effective
civic
education programme on the contents. ” The right to peaceful
protest
marches and public activities to advance our organisational
positions.
” Voting by ID and numerous polling stations so that everyone
can
fully participate. ” Urgent revision of conditions for
voter
registration as many Zimbabweans cannot access the
necessary
documentation.
Background about the Draft
Constitution
1. In 1979 Lancaster House Constitution was produced by
negotiation of
the patriotic front with the British, Smith, and Muzorewa.
There was
no consultation with the people.
2. 1987 Unity Accord
Constitution created an executive president with
excessive powers.
3.
Late 1990′s the National Constitutional Assembly led the demand
for
constitutional reform and a reduction of presidential powers.
4.
The 1999 Constitution drafted with some consultation but the people
rejected
it in a referendum. They thought it still gave the president
too many powers
even thought it had many positive clauses.
5. The reform process was
stalled for 10 years until 2009. It was
revived as part of the mediation
process which created the inclusive
government. The Parliament Select
Committee (COPAC) was selected to
lead the process. The outreach process was
affected by widespread
harassment and violence. Despite this some of the
views expressed
appear in the Draft.
6. As the Draft was being
finalised, there were difficult issues and
selfish agendas delayed their
resolution. The final draft is a result
of stiff negotiations behind closed
doors and the deal is one that
suits the principals and the political parties
in the inclusive
government. Therefore this draft may not survive the test of
time
because it was written for a current political climate and not for
the
future generations. A constitution is supposed to be written by
the
people because they have to dictate how they want to be governed;
it
is their role to give the rules to the rulers!
WOZA welcomes some
aspects of the draft:
1. The security sector members, civil servants and
traditional leaders
should be non-partisan. Senior officials now have limited
terms of
office.
2. All local council members are elected and the
minister cannot fire
them.
3. The bill of rights is expanded to
include socio economic rights; it
includes a very strong language on women
rights to equality and brings
in children’s rights.
4. The right to
protest and the right to liberty are now specific rights.
5. The bill of
rights cannot be amended without a referendum. This
means it is safeguarded
against too many amendments.
The challenges noted were:
1.
Executive authority and the process of selecting a replacement
President.
There will be no by-election if the President can no longer
work. According
to the draft, a Presidential vacancy would be filled
by a nominee of the
departed President’s party.
2. Very little ‘Devolution’ was kept and the
preamble still calls
Zimbabwe a unitary state. The appointed provincial
governors/resident
ministers have been replaced by provincial chairpersons
elected by
provincial councils. These are very weak and they are composed of
the
same people who are in Parliament. At least the MPs of that
region
will have to work in the province as well as attend Parliament.
This
may cost the nation more sitting allowances. ” There is a
National
Prosecuting Authority separate from the Attorney General’s Office
and
headed by a Prosecutor-General independent of the Attorney
General.
The clause states that the Attorney General in office
will
automatically become Prosecutor-General. So Mr. Tomana could be
the
first Prosecutor-General for the first 6 years ” The size
of
parliament which was already too large for our small country; we
cannot
afford over 300 representatives.
But there are also serious concerns that
there are still too many
powers given to the president and executive. Here
are the powers of
the President, quoting Prof L Madhuku, NCA press statement:
” The
President is head of state, head of government and commander in
chief.
(Sec 89). ” The president appoints Ministers and Deputy Ministers
on
his/her own without the approval of Parliament. (Sec 104). The
Draft
does not limit the number of Ministers and Deputy Ministers. ”
The
President alone constitutes the Cabinet. (sec105). The statement
in
the Draft Constitution saying the President exercises
executive
authority “through cabinet” has no value because the Cabinet is
the
President`s baby. All Cabinet Ministers are hired and fired by
the
President at his/her pleasure. ” The President appoints all
security
chiefs (Army Commanders, Commissioner of Police, Director of CIO
etc)
with only one of his/her Ministers being consulted. (Chapter
11).
” The President has the final say over the appointment of all
judges
after the interviews have been conducted. (Sec 180). The President
has
power to refuse to appoint any of those recommended and order
the
Judicial Service Commission to start afresh. ” The President has
the
final say over the appointment of all Commissions. (Chapter 12). ”
The
President also has power to dissolve Parliament if it passes a vote
of
no confidence in his/her government. (Sec 109(4)). ” The President
has
unlimited immunity from criminal or civil charges while in office
and
can plead “good faith” after leaving. (Sec 98). The President
has
power to declare war (sec 111) and to declare a state of
emergency.
(Sec 113).
This Draft Constitution is not the ideal one for
us. If Zimbabweans
decide to vote for it in order to make progress, the
struggle will
have to continue to ensure that elected government is
accountable to
the people and promotes their interests.
Co-Home
Affairs Minister defies year-long court order
http://www.swradioafrica.com
By Violet Gonda
15
February 2013
Home Affairs co-Minister Kembo Mohadi, whose job is to
enforce law and order
in the country, is ignoring the rule of law
himself.
Lawyer Matshobana Ncube is representing five villagers in
Beitbridge, who
won a land ownership case in the High Court against Mohadi
last year.
But he said the minister has refused to comply with the court
order
The villagers and their families were given land through the government
resettlement programme and Mohadi had been allocated land in the same
area.
Mohadi was not reachable for comment but Ncube told SW Radio Africa
that the
minister, “evicted the villagers out of their land holdings and
erected a
fence incorporating the plots with his own. Effectively the
villagers have
been forced out of their homes because they had their
livestock and
belongings there.”
The police are also accused of
failing to assist the families and of
refusing to assist the messenger of
court to force the minister to remove
the fence from the disputed
land.
The lawyer has now filed an application for contempt of court
against
Mohadi, his family and the officer commanding Beitbridge police.
Mohadi
risks arrest for resisting the year long High Court
order.
“Unfortunately the minister has been evasive in being served with
the
papers. Ncube added: “If they fail to do so we are seeking an order that
that they be locked up for 90 days in prison so that they
comply.”
Chopembe block of farms belonged to a white commercial farmer
before it was
acquired by the state and then redistributed to the villagers.
Ncube says
one of the affected villagers has a huge dam on his land and they
suspected
this is one of the reasons Mohadi “is bulldozing his way into the
land.”
The lawyer said there is a ‘catastrophic humanitarian situation’
for the
villagers who have nowhere to live.
The minister is said to
already own several properties and land in this
southern region of Zimbabwe.
MPs
demands slammed as ‘organised corruption’
http://www.swradioafrica.com
By Alex Bell
15 February
2013
The latest demands made by MPs, who wanted compensation for
constitution
education work in their constituencies, have been slammed by
Zimbabweans as
“organised corruption.”
The MPs were tasked by the
parliamentary team responsible for the new
constitution, COPAC, to undertake
education exercises in the areas they
represent. But during a meeting called
by COPAC to brief the MPs on what was
required of them, the MPs demanded to
be paid for the work.
When COPAC representatives told the legislators
that there was no money to
pay them, there was an uproar and MPs walked out
of the workshop in protest.
Chairman of the COPAC subcommittee on
finance, ZANU PF MP Walter Chidakwa,
later announced that MPs would not be
paid because COPAC did not have money
and was still struggling to settle
some other bills.
“We are printing 100,000 copies of the draft
constitution and we need to pay
those who will translate the draft into
various languages. We are looking
for money from donors, but the money will
not provide for publicity
campaigns involving MPs,” Chidakwa
said.
These demands have further angered many Zimbabweans, especially
since it
came so close on the heels of demands for lucrative ‘exit packages’
that MPs
said they wanted when the coalition government comes to an
end.
There have been many similar demands made by the MPs over the past
four
years. Last September they demanded almost US$8 million from COPAC
after
reportedly being ‘underpaid’ for the constitution outreach work they
performed.
MPs have also previously demanded laptops, top of the
range vehicles and
increases on both their salaries and sitting allowances.
Last year MPs also
approached the Harare City Council asking for residential
stands in low
density areas.
Social commentator Precious Shumba told
SW Radio Africa on Friday that the
latest demands from MPs were “shocking
but not unexpected,” adding that the
legislators “have been looking after
their own interests for years.”
“These demands represent their character.
The majority know they won’t be
re-elected because they have not served the
electorate, yet they have been
pursuing personal interests. They abandoned
their constituents during the
tenure of the unity government,” Shumba
said.
He added: “It is important that electorate begin to see the MPs for
who they
really are.”
Activist Phillip Pasirayi also criticised the
MPs for their role in
“organised, official corruption,” telling SW Radio
Africa that the only
common ground in the coalition government has been the
role of MPs in
enriching themselves.
“They have been preoccupied in
addressing the personal question. There has
been huge looting going in at
different levels of government,” Pasirayi
said.
He added: “We are
very concerned and it’s clear the parliamentarians and
public officials are
not concerned about the ordinary person. They are only
concerned about
lining their pockets,” Pasirayi said.
'Super fund' to
ensure support for Mugabe
http://www.news24.com
2013-02-15 18:03
Cape Town – Zanu-PF is
planning a consolidated fund to bankroll its campaign
for national elections
so as to ensure candidates also campaign for
President Robert Mugabe, a
report said on Friday.
According to the Mail and Guardian, party insiders
said the plan was to bar
all party electoral candidates from self-funding
their campaigns as a
strategy to force them to rally behind Mugabe, who in
some instances in the
2008 poll garnered less votes than some members of
parliament in their
constituencies.
The party's national fund had
been mooted to control the campaign activities
of candidates, sources
said.
In the past Zanu-PF has allowed its candidates to fund their own
activities,
a practice that sources say has resulted in some of its
candidates only
focusing on their individual campaigns and not selling
Mugabe to the
electorate.
"No one will be allowed to personally fund
their elections," the source
said. "It's all going to come from one fund and
the condition is that all
candidates will campaign for the president,
[together] with their own
campaigns for parliamentary and other electoral
posts riding on the
president."
Zanu-PF's secretary for
administration, Didymus Mutasa, refused to comment,
saying he would not
discuss party business with the media.
"That's a Zanu-PF internal affair.
Why should Zanu-PF announce its strategy
to the whole world? These are
affairs we cannot discuss with the press,"
said Mutasa.
Zimbabwe is
set to vote for a new constitution on 16 March before going for
harmonised
elections in July.
- News24
Zanu PF embarks on a massive rigging
exercise
http://www.mdc.co.zw
Friday, 15
February 2013
Scores of soldiers and their spouses are registering to vote
in the coming
national elections in suspicious circumstances that are
believed to be part
of Zanu PF ploy to rig in the next
elections.
The soldiers are registering at the Tredgold Building in
Office 16 which
office is responsible for the army led Maguta
Programme.
The voter registration exercise for the public was halted in
Bulawayo last
month amid speculations that the Registrar General’s office in
Bulawayo only
allows people aligned to Zanu Pf party to register to vote.
Scores of people
are being sent away from registration centers while police
and army
personnel are being allowed to register to vote.
A visit to
the Tredgold building revealed that ordinary people are not being
allowed to
register to vote. This trend is now widespread as scores of
people were
arrested in Lupane while trying to register to vote. About 40
people were
arrested in Lupane a fortnight ago while trying to exercise
their right to
vote in the coming local and national elections.
As the election fever
grips the nation police in Matebeleland are harassing
civic organizations
and people perceived to be aligned to the MDC. Recently
offices for Habbakuk
Trust and the National Youth Development Trust were
ransacked by security
personnel looking for what they called subversive
material.
The
intimidation tactics are not new as Zanu Pf has always employed the same
tactics before national elections, each time there is an election. This is a
clear case of rigging and put paid to our call for the realignment of ZEC so
that it becomes a neutral entity.
The MDC condemns the selective
registration process of people which targets
security personnel and people
aligned to Zanu Pf. The exercise is flawed and
reminiscent of the rogue
processes employed by the drowning party towards
democratic
elections.
This chicanery, undemocratic exercise employed and sanctioned
by
authoritarian kleptocracy will not see the light of day in Zimbabwe. The
MDC
remains steadfast in the march towards a new democratic dispensation,
which
recognizes and respects the rights of every Zimbabwean.
The
Last Mile: Towards Real Transformation!!!
Firm
awarded multi-million dollar tender verbally
http://www.dailynews.co.zw
Friday, 15 February 2013
12:34
HARARE - The National Indigenisation and Economic Empowerment Board
(Nieeb)
and the Indigenisation ministry awarded multi-million dollar
financial
consultancy contracts to Brainworks Capital (Brainworks) without
going to
tender, Daily News has been told.
Brainworks — fronted by
former banker George Manyere — is expected to pocket
up to $45 million from
the Zimplats deal alone.
Any government transaction above $300 000 has to
go to tender but Brainworks
Capital was awarded the multi-million dollar
tender verbally.
In their agreement with Nieeb, it is not clear who
verbally awarded
Brainworks the tender.
Charles Kuwaza, the State
Procurement Board’s executive
chairperson,confirmed the
development.
“We have not received any proposal of that description and
consequently have
neither considered or authorised it. The accounting
officer at
Indigenisation board or Nieeb has not approached us in that
regard,” Kuwaza
said adding that, “Your lead in today’s issue of the Daily
News is the first
time we have ever heard about these arrangements.
“
The Daily News, discovered that Brainworks was verbally appointed as
financial consultant of several indigenisation deals including a $971
million one of Zimbabwe Platinum Mines Limited (Zimplats) and $556 million
of Mimosa.
Manyere could neither deny nor confirm that his company
would get a windfall
from the empowerment deals.
“No no it’s not
correct,” Manyere said when questioned why his consultancy
firm was awarded
the contract without going to tender.
“Talk to Nieeb. (National
Indigenisation and Economic Empowerment Board).
Get the comment from Nieeb
and the ministry,” he said.
Brainworks are reportedly supposed to get two
percent of the $971 million
Zimplats deal — equating to $19,4 million — for
its advisory service.
It also gets an additional 2,5 percent, excluding
tax, for raising the
vendor financing which adds up to about $24,2
million.
Brainworks is also the financial advisor to six other top
earning companies
which have or are being indigenised. - Eric Chiriga,
Business Editor
Paper
exposes Indigenisation scandal
http://nehandaradio.com
on February 15, 2013 at 9:20
am
By Farai Mutsaka, Gift Phiri and Eric Chiriga
HARARE –
Zimbabwe’s indigenisation drive has turned out to be a massive cash
cow for
well-heeled and politically-connected elites, as details of massive
misrepresentation and grand looting for deal makers
emerge.
Savior Kasukuwere and Dave Brown from Zimplats who were arm
twisted into
ceding shares
A three-month investigation by the Daily News
revealed shocking details —
including that of advisory firms netting massive
cash contracts without
going to tender.
One of the advisory firms
which played a consultancy role — Brainworks
Capital — fronted by former
banker George Manyere — is expected to pocket up
to $45 million from the
Zimplats deal alone. Brainworks also has under its
armpits, indigenisation
consultancy deals for six other top earning
companies.
It does not
end there.
Even more shocking are revelations that only the British
courts will handle
any disputes which might emanate from the empowerment
deals reached between
government — through Saviour Kasukuwere’s Ministry of
Indigenisation — and
the indigenised companies.
It could not be
established at the time of going to print last night if the
Attorney General
had been consulted to verify the legality of the deals with
the indigenised
firms.
But the Daily News has authoritatively established that the
Ministry of
Mines, under whose jurisdiction the indigenised mines fall, and
the Reserve
Bank of Zimbabwe (RBZ), who play an advisory role in such deals,
were not
consulted.
Insiders at the ministry of Indigenisation who
spoke on condition of
anonymity confirmed that RBZ governor Gideon Gono was
not consulted. The
Governor has in the past repeatedly complained that
proper procedures were
not being followed.
This led to Gono giving a
hint towards the anomalous situation during his
monetary policy statement
two weeks ago when he expressed displeasure with
the way some financial
advisors in the programme were carrying on their
mandates.
Efforts to
get a comment from Gono yesterday were fruitless yesterday as he
was said to
have travelled out of the country.
But RBZ spokesperson Alson Mfiri said:
“We don’t comment on or discuss
specific exchange control matters with the
press. Find out what you want
from the relevant authorities or the tender
board.”
Insiders at the firms which were indigenised told the Daily News’
investigations team that dishonest senior executives and advisory firms to
the programme had agreed to what they described as “stinking
deals.”
In the past two months, the Daily News investigations team has
been secretly
visiting the firms that were indigenised and spoke to dozens
of workers, who
will remain anonymous for fear of victimisation.
The
paper was also inundated with calls from junior employees who were
crying
foul at the way advisory firms were “messing up” the programme in
collusion
with some government officials.
As it is, the Daily News has discovered
that financial advisors have
undermined the indigenisation programme in a
manner that could destabilise
the credibility of the empowerment
agenda.
Firstly, the $971 million Zimplats takeover deal touted as the
toast of the
empowerment drive, sailed through without relevant government
advisory
structures as is the norm with such huge transactions.
While
the Zimplats deal will only benefit government, communities and
employees
after 10 years, Brainworks Capital stands on the threshold of
pocketing a
cool $45 million windfall from consultancy fees.
The Daily News has
discovered that Brainworks was verbally appointed without
going to tender as
is the norm with government deals worth more than $300
000. By the time of
going to press, tender board boss Charles Kuwaza had not
responded to
questions sent to him.
Documents in our possession reveal that the
Zimplats deal could be just
“small change” as Brainworks also has several
“sweetheart” deals to stitch
indigenisation transactions for the following
top-earning companies:
Pretoria Portland Cement (PPC), Anglo American
Zimbabwe (incorporating Unki
Platinum), Caledonia (incorporating Blanket
Mine), Mimosa, British American
Tobacco and Larfarge.
Larfage and
Zimplats board chairperson Muchadeyi Masunda said: “I’m not
aware of any
payment that has been made by either Lafarge Cement Zimbabwe or
Zimbabwe
Platinum Mines in settlement of “advisory fees” arising from the
“indigenisation deals”.
At the risk of stating the obvious, the basic
tenets of the Law of Contract
clearly stipulate that there has to be privacy
of contract between one party
seeking “advisory services” and another party
providing the required
“advisory services” in order to create an obligation
on the part of the
recipient of the professional advice to then pay to the
provider of the
services sought the fee for professional services
rendered.
“Needless to say, the quantum of such fee is a matter for
negotiation and
agreement between the “seeker and provider of the advisory
services” in
question.”
But, what is likely to miff President Robert
Mugabe most is that London
courts will have jurisdiction over local
empowerment deals when he prides
his legacy in completely freeing Zimbabwe
from colonial bondage.
This means if there is a dispute, Mugabe will have
to deal with British
courts a few years after the 88-year-old leader told
former British Prime
Minister Tony Blair that: “Blair, you can keep your
England and I will keep
my Zimbabwe.”
According to the Brainworks
structure, local courts will have “non-exclusive
jurisdiction to settle any
disputes arising out of or in connection” with
the deal.
Brainworks’
managing partner and chief investment officer George Manyere
could neither
deny nor confirm that his company would get a windfall from
the empowerment
deals. “No no it’s not correct,” Manyere said when
questioned why his
consultancy firm was awarded the contract without going
to
tender.
“Talk to Nieeb. (National Indigenisation and Economic Empowerment
Board) Get
the comment from Nieeb and the ministry,” he said adding, “All
this time why
were all those people quiet.”
Brainworks are reportedly
supposed to get two percent of the $971 million —
equating to $19,4 million
— for its advisory service. It also gets an
additional 2,5 percent,
excluding tax, for raising the vendor financing
which adds up to about $24,2
million.
From the Zimplats deal only, Manyere’s Brainworks stands to
pocket a total
$43,6 million. According to the Daily News research, the
proposed mechanism
of ceding dividends to repay the $971 million loan in 10
years is not
sustainable.
At 10 percent interest per annum, the
indigenisation parties will need to
make an annual repayment of
approximately $158 million. Wilson Gwatiringa,
the Nieeb chief executive
officer said: “I’m busy in meetings the whole day,
send your questions to my
email.”
The Daily News sent questions to Gwatiringa but there was no
response at the
time of going to press with a Nieeb spokesperson thrice
saying “I will come
back to you” which she never did. The Daily News phoned
her at around
1920hrs yesterday evening but she did not pick up her
phone.
As the issue reaches boiling point, it has been established that
Gono last
Thursday summoned Kasukuwere, officials from his ministry,
Indigenisation
board members, officials from advisory firms and Nieeb
employees where he
reportedly tore to pieces the deals facilitated by the
consultancy firms.
One insider at the ministry of Indigenisation who
attended the meetings
confirmed the development and said: “To be honest, I
think authorities must
re-examine the deals with the indigenised
firms.
“Gono has been sitting on an arsenal of information unfavourable
to some
processes of indigenisation but he is at pains to see how best to
make a bad
situation look normal. It has to be appreciated that in some
circles, Gono
is viewed as anti-indigenisation and therefore vulnerable to
attacks.
“But Gono still took us to task over all the agreements signed
but it was
unfair because some of us are not in control of processes that
led to this
as we take instructions from our bosses. For example, some board
members do
not have details of the deals,” said the official.
He
added that so heated was the issue that Gono even phoned the chairperson
of
the indigenisation board , retired general Mike Nyambuya in the presence
of
officials from Nieeb and the ministry and asked him to explain anomalies
in
the deals but they too failed.
“Gono then directed that a working
committee comprised of Kasukuwere’s
officials, Nieeb management,
indigenisation board members and RBZ officials
work together to unravel the
issues that were of concern to the governor and
we worked throughout the
weekend.
“But we could still not come up with satisfactory answers. All I
can say is
that this thing will explode in our faces,” added the top
insider. Daily
News
MDC
supports Biti’s calls to investigate indigenisation
http://www.swradioafrica.com
The MDC Today
Friday,
15 February 2013
Issue – 516
The MDC supports calls by the Finance
Minister and its Secretary General;
Hon. Tendai Biti to investigate
indigenisation agreements reached with
various foreign companies amid
serious concerns that only one Harare
financial advisory company has handled
the transactions pocketing millions
of dollars.
Recent media revelations
on the skewed Zanu PF’s indigenisation and
empowerment policy once again
vindicates the MDC’s position that the Zanu PF
policy is inconsistent,
incoherent and will not in any way benefit the
people of Zimbabwe but only a
few elite Zanu PF politicians.
The MDC maintains that the Zanu PF economic
policy is presiding over a
collapsing economy instigated by a regime of
incoherent and disastrous
policies.
Media reports reveal that the
Zimbabwean government has lost over US$1
billion in the Zimbabwe Platinum
Mines (Zimplats) indigenisation deal due to
contradictions and
misrepresentations.
From the beginning the MDC’s position has been that the
Zanu PF’s
indigenisation and empowerment policy has been vaguely crafted to
legitimise
enormous pilfering of the country resources by Zanu PF fat cats
while the
people of Zimbabwe continue to languish in abject poverty.
The
recent Renco Mine debacle involving Zanu PF’s Walter Mzembi and other
senoir
party officials in Masvingo, in the grabbing of the mining venture
points to
a history of plunder and asset stripping that has characterised
Zanu PF
since independence in 1980.
The not so long, the revelation of corruption in
Manicaland where the Zanu
PF provincial leaders extorted over US$700 000
from diamond mining firms was
just a precursor of a deep-rooted scourge of
plunder and expropriated
entrenched in the Zanu PF system.
As a party,
the MDC will continue to boldly and candidly expose Zanu PF’s
dishonest and
insincerity in this whole facade of empowering people.
The current
unbelievable revelations in the local newspapers prove correct
the MDC fears
on the whole indigenisation circus as advanced by Saviour
Kasukuwere. It is
indeed regrettable that the continued rise in corruption
activities by Zanu
PF officials as exposed in the local media comes in the
backdrop of Robert
Mugabe’s recent admission at the just ended Zanu PF
congress in Gweru that
there is rampant corruption in Zanu PF.
The shocking revelations of
unimaginable proportion of corrupt deals,
involving Kasukuwere’s
indigenisation project and Brainworks Capital company
vindicates our earlier
assertions that the indigenisation drive was nothing
but a massive cash cow
for only well connected Zanu PF fat cats.
Despite Mugabe strongly promising
the nation at the just ended Zanu PF
congress, that he is going to deal with
this scourge, there is absolutely no
hope that the ageing Zanu PF leader
still has the capacity to reign in his
corrupt lieutenants leaving the
nation at the mercy of the indefatigable
corrupt barons. This clearly shows
that Mugabe no longer has the capability
and stamina to take this country
forward.
The MDC is not against the economic empowerment of the people of
Zimbabwe
but is strongly against the Zanu PF model that will benefit its
wealthy
elite and does little to solve the country’s employment crisis while
scaring
away the much-needed foreign investment.
The MDC has come up with
an economic policy, Jobs, Upliftment, Investment,
Capital and the
Environment (JUICE) that will address Zimbabwe’s long
standing economic
problems of high unemployment, deepening poverty and
inequality and be a
pathway for inclusive and sustainable long-term growth
based on a
broad-based human upliftment model.
The Last Mile: Towards Real
Transformation!!!
Golden
Handshake For ‘Underperforming’ Zimbabwe Councillors
http://www.voazimbabwe.com
Loirdham
Moyo
14.02.2013
Mutare residents are angry at reports that city
councillors want to award
themselves a golden handshake of commercial stands
at the end of their
tenure as the country heads towards fresh
polls.
VOA Studio 7 can reveal that councillors in Mutare are set to get
industrial
stands - thanks to a directive from Local Government Minister
Ignatius
Chombo.
Council officials have not denied that they will be
getting the “golden
handshake” and insist it is above
board.
Residents, however, are bitter with the prospects of parceling out
land to
what they say are ‘ineffective’ councilors.
David Mutambirwa
of the Mutare Residents and Ratepayers Association said the
directive is
worrying.
Mutare resident, Sekesai Gwenzi, is bitter that the councilors
continue, in
her own words, to line their own pockets at the expense of the
ordinary
people.
Councilors were previously allowed to buy cheap
residential stands but
reports say some later sold them at higher
prices.
Acting Mutare Mayor Feorge Jerison defended the current
development, saying
councillors are entitled to such perks just like any
other employees
elsewhere.
Mr. Jerison said all councilors, including
hand-picked individuals, are set
to benefit from Mr. Chombo’s
directive.
Lawyer and special interest councilor, Misheck
Mugadza, said he was not in a
position to comment on the developments
referring questions to Mutare Town
Clerk, Obert Muzawazi.
Muzwazi
told VOA Studio 7 from Harare that the councilors will be expected
to pay in
full for the value of the stands.
Former Mutare councilor and Deputy
Mayor Itai Masaka said according to the
Urban Councils Act, sitting
councilors are entitled to allowances,
residential and commercial stands on
laid down conditions.
Mutare lawyer Blessing Nyamaropa, who works with
the Zimbabwe Lawyers for
Human Rights, said councillors are only allowed to
parcel out perks to each
other after receiving approval from their parent
ministry.
Mugabe
wades into mine takeover
http://www.dailynews.co.zw/
By Chengetayi Zvauya, Parliamentary
Editor
Friday, 15 February 2013 15:09
HARARE - President Robert
Mugabe is expected to intervene in the Renco Mine
saga today to put finality
to the on-going ownership wrangle that has sucked
in one of his
ministers.
This was said by Indenisation minister Saviour Kasukuwere when
he appeared
before the parliamentary portfolio committee on women and youth
yesterday.
Kasukuwere said the on-going Renco saga would be finalised
through Mugabe’s
intervention.
Tourism minister Walter Mzembi and
Zanu PF MP Irvine Dzingirai (Chivi South)
invaded Renco Mine last month
arguing that it was a way to resolve a payment
dispute between the mine
workers and their employer.
Mzembi is Masvingo South
legislator.
Kasukuwere was giving oral evidence on indigenisation. He
stated that sanity
had to prevail at the mine to enable him to fully
implement his empowerment
programme.
“Tomorrow (today) we are going
to Masvingo with the President to launch to a
community share ownership
trust and dealing with all the mines in the
province.
“We are going
to clear everything that has happened at Renco Mine and the
protest by
workers’ wives last month was a sign that people were not happy
and wanted
us to act.
“The Renco management has been playing games and lying to us,
and it has to
be resolved,” said Kasukuwere.
“We shall follow the law
and stop those invasions,” he added.
There were lighter moments when
Dzingirai walked into the committee room as
Kasukuwere was giving evidence
and MPs shouted” “Renco Mine” with Dzingirai
laughing off as he took his
seat.
Govt
cheated in $1bn deal
http://www.dailynews.co.zw/
Friday, 15 February 2013 11:22
HARARE -
Government was grossly short-changed in the $1 billion Zimbabwe
Platinum
Mines Limited (Zimplats’) indigenisation deal due to a combination
of
contradictions, misrepresentations and what appears to be deliberate
blunders, the Daily News can reveal.
As details of what was dubbed as
the greatest empowerment deal between
Zimplats and the National
Indigenisation and Economic Empowerment Board
(Nieeb) emerge, it has been
established that government will effectively
benefit nothing at the
end.
The Daily News has discovered that contrary to President Robert
Mugabe’s
vision on indigenisation and empowering local people, the deal
signed by
Nieeb and Zimplats will not benefit government but a few
individuals like
financial advisors who are due to get millions of
dollars.
As revealed in this newspaper yesterday, Nieeb did not consult
relevant
government arms like the Reserve Bank of Zimbabwe (RBZ) and the
ministry of
Mines.
It could not be established at the time of going
to press if the Attorney
General was consulted. It appears from the Daily
News investigations that
the deal is shrouded in secrecy to an extent that
relevant government
structures and even some Nieeb board members are not
aware of the details
involved in the deal.
Also more worrying for
Mugabe is that any disputes arising from the signed
deals will be resolved
by British courts given the background of his
“Zimbabwe will never be a
colony again” ideology.
Shocking revelations have also emerged that there
was gross under-assessment
of the Zimplats value but it could not be
established if this was deliberate
or gross negligence on the part of
Nieeb.
It was not clear from the Zimplats term sheet whether the comedy
of errors
in the deal represent genuine mistakes, misunderstandings in
implementation
of the programme or deliberate diversion from Mugabe’s policy
and stance on
indigenisation.
From the Zimplats deal perused by the
Daily News, indigenous people must pay
$971 million within a period of 10
years, failure of which the shares revert
back to the owners of
Zimplats.
Clause 14 of the Zimplats deal partly reads: “On the expiry of
10 years
following the effective date, Zimplats Holdings will have the
option to
repurchase as many of the VF shares as it is sufficient to settle,
by way of
set off, the VF balance as at the end of the VF term (Repurchased
VF
Shares)......
“In the event that an indigenous entity commits any
one of a number of
specified acceleration events, Zimplats Holdings will be
entitled to
repurchase the VF shares earlier.”
In the comic
transaction, indigenous people are being given 10 years to pay
the $971
million but if they fail, they will be given 10 days within which
to pay
cash or they will forfeit the shares.
Financial analysts who spoke to the
Daily News said this was impossible
given the deal was “skewed from the
onset” and would never make money for
the indigenous people.
One of
the clauses in the deal says payment of the shares will come from 85
percent
of the dividends declared by Zimplats over the 10 year period.
But
reports indicate that Zimplats has in the last 10 years only paid a
total
dividend of $50 million making it almost certain from the onset that
the
indigenous people will not be able to pay the $1 billion repayment to
secure
their 51 percent.
“This deal was doomed to fail from the word go because
in 10 years, Zimplats
only managed to pay $50 million, how can the
indigenous people be expected
to pay $1 billion from $50
million.”
Clause 6 of the Zimplats deal says the mining giant is valued
at $2,7
billion and has 190 million ounces of ore.
The Daily News
investigations discovered that while Zimplats has valued its
machinery and
equipment at $2,7 billion, the resources underground have been
pegged at the
same value.
One of the clauses in the deal reads: “The valuation report
established the
fair market value of Zimplats as at 30 June 2012 at $ 2 762
000 000 (two
billion seven hundred and sixty two million
dollars).
“However, for purposes of the sale of the indigenisation
shares in terms of
this Term Sheet, a fair market value of $2 700 000 000
(two billion seven
hundred million dollars) was granted by the government
and Zimplats
(negotiated fair market value) At the end of the VF term, the
market
valuation for Zimplats will be determined by reference to the fair
market
value of Zimplats using the valuation methodology set out in the
valuation
report...”
Government insiders say the acquisition of the
51 percent stake should have
been appropriately valued using international
best practice given the
understanding that the in-situ value of the resource
will become the
contribution of the indigenous parties to the shareholding
of Zimplats.
“There is need to go back to the drawing board in coming up
with the true
fair valuation of Zimplats taking into account the minable
mineral reserves
underground,” a well-placed government source
said.
Under the Zimplats indigenisation deal, 31 percent was issued to
Nieeb, 10
percent to employees and the other 10 percent was given to
Ngezi-Zvimba
Community Share Ownership Trust.
According to the term
sheet or framework — signed by government and Zimplats
last month — the
platinum group metals producer negotiated a fair market
value of $2,7
billion.
On the amount, $100 million was deducted to cover debts, with
$2,6 billion
remaining as equity value.
Of the $2,6 billion, the 51
percent indigenisation stake translated to
$1,326 billion.
Then,
Zimplats offered a $508 million discount taking the transaction value
to
$818 million on which a ROGA obligation by indigenous entities amounting
to
$153 million was levied, giving the ultimate value of much-vaunted $971
million.
Authoritative government sources questioned $500 million
discount saying in
cases where a shareholder wilfully discounts the value of
his asset for
purposes of selling part of the stake to a partner, questions
should be
raised on the sincerity and proper valuation of the asset. In such
cases,
the offered discount would possibly be compensated from
non-disclosure.
On his twitter page the minister of Indigenisation
Saviour Kasukuwere
yesterday said: “Wolfs are at the door. Nothing to loose
(sic) sleep over.
We forge ahead with our empowerment.”
Economist
Christopher Mugaga said government has to be open about all its
dealings if
the country is to progress in a sustainable manner.
“There is need for a
serious audit to see who is benefitting from all the
indigenisation
transactions that are taking place. At the moment, everything
is shrouded in
secrecy and that is a fertile ground for corruption,” he
said.
Mugaga
said lack of transparency will have negative ripple effects on
companies,
potential investors and the general Zimbabweans who are supposed
to benefit
from the indigenisation scheme.
John Robertson, another leading Harare
economist said there are no possible
benefits that will accrue to the
general populace.
“The policy on its own is predatory in nature as it
takes away the
opportunity to create employment but brings income to a few
connected people
in government.
“The indigenisation concept has
legalised theft on other people’s property
instead of helping thousands of
young people who are currently unemployed,”
he said.
Harare yet to pay
for Zimplats land minister ‘seized’
http://www.iol.co.za
February 15 2013 at
08:00am
Comment on this story
Peta Thornycroft Harare
Zimbabwe
Mining Minister Obert Mpofu made headlines this week when he said
he had
“taken” 27 000ha of land from South African-owned platinum producer
Zimplats. But Zimplats sold this land to the government in 2006 –with one
minor outstanding problem: the government has not paid.
Zimplats sold
the land to the government in the hope that it would be
exchanged for
empowerment credits.
“The credits didn’t emerge so the land is now
accounted for within the 51
percent indigenisation deal,” an insider in
Harare said.
The empowerment deal agreed last month between the Zimbabwe
government and
Impala Platinum (Implats), the owner of Zimplats, set the
value of the land
at $153 million (R1.4 billion).
Zimplats agreed to
the 51 percent indigenous deal with the Zimbabwe
government as follows: new
shareholders will have to find about $1bn to pay
for the land and 31 percent
of the shares within 10 years or the deal falls
away. Zimplats agreed 10
percent of its shares would go to a community trust
and 10 percent to
workers.
The land is a slice between the company’s operations at Selous,
about 70km
from Harare, extending 40km to the Darwendale Dam.
The
land has hardly been used in the years since Zimplats sold it. A few
Chinese
nationals living in caravans went onto a bit of the land and
scratched
around with a drill for a year or two. A couple of Russian arms
dealers also
poked around in the land for a while and then abandoned their
efforts.
The land has never been prospected and Zimplats sold it with
a mere
guesstimate of the value of the platinum underground.
None of
the companies that signed “indigenisation” deals with the government
of
Zimbabwe last month are keen to discuss the details. But insiders believe
that completion dates for the government to buy 51 percent shareholdings in
two other platinum producers, Mimosa and Unki, are far sooner than the
decade agreed with Zimplats.
Mpofu also says platinum producers must
build a refinery within two years
rather than send the the material to be
refined in South Africa.
“Sure a refinery can be built. It will cost
about $1bn, and who is going to
pay for that? And even if the government
found the money to pay for it
themselves, where would the government get the
electricity to run it?” an
insider asked. “Zimbabwe is chronically short of
electricity.”
Implats chief executive Terence Goodlace said last month
that Zimplats would
increase production from 180 000 ounces to 270 000
ounces of platinum a year
by 2015. – Independent Foreign Service
Zimbabwe
Under Pressure to Reduce Elections Budget
http://www.voazimbabwe.com
Blessing
Zulu
14.02.2013
WASHINGTON — Zimbabwe's Finance Minister Tendai Biti
and his colleague
Justice Minister Patrick Chinamasa, tasked by unity
government principals to
look for money from the donor community to help
fund the general election
and the forthcoming constitutional referendum, are
revising downwards the
country’s US$250 million budget for the two votes
amid concerns from donors
that it is unrealistic.
Harare recently
appealed to the United Nations Development Programme for
money to run the
referendum and the general elections.
But U.N sources said the world body
is asking for a revised budget.
Government sources told VOA that budget
proposals from the police and the
Zimbabwe Electoral Commission secretariat
were too huge that Biti and
Chinamasa are trying to reduce them.
Biti
confirmed they are revising the budget though he declined to discuss
the
details.
Meanwhile, members of parliament Wednesday threatened to
boycott
campaigning for a yes vote in the constitutional referendum if they
are not
paid, adding to the government’s woes.
Electoral experts are
also pointing at Kenya’s US$300 million budget as an
argument that Harare’s
budget is unrealistic.
Kenya which holds elections next month has a
population of about 41 million
and Zimbabwe has about 12, 6 million
people.
Election Resource Center director, Tawanda Chimhini told VOA that
the budget
must be revised but, adds, it must not compromise the quality of
the
election.
Kasukuwere
attacks central bank chief
http://www.newzimbabwe.com
14/02/2013 00:00:00
by Staff
Reporter
EMPOWERMENT Minister Saviour Kasukuwere has claimed that an
“attitude
problem” at the Reserve Bank of Zimbabwe (RBZ) is holding back
efforts to
force foreign-owned banks comply with the country indigenisation
laws.
Kasukuwere said Friday that while the mining sector was largely
complaint
with the requirement to localise majority control and ownership of
their
operations, little progress had been made in the financial
sector.
“Over-all, the majority of entities in the mining sector have
complied with
the indigenisation laws, including the major companies. They
have realised
that the only way they can have sustainable operations is by
complying with
the law,” the Zanu PF Minister told the Herald.
“The
one area which has given us some challenges is the financial services
sector. If we do not succeed in indigenising (this) services sector then all
our efforts to indigenise the economy will be to no avail.
“(The
problem) is not about (the banks’) indifference to the law but we have
individuals who have gone to encourage them to disregard the law and make
unwarranted statements vilifying the process.”
The Zanu PF minister
wants to see foreign-owned banks such as the
British-based Barclays and
Standard Chartered as well as local units of
South African institutions such
as Stanbic and MBCA come under local
ownership and control.
But
Finance Minister Tendai Biti and RBZ chief, Gideon Gono, have urged
caution,
warning that rushed application of the law could rattle a key but
fragile
sector of the economy.
Biti and his MDC-T party insist the indigenisation
programme, which is being
pushed by Zanu PF, is an election gimmick that
merely makes the rich richer
and does not address the country’s jobs
crisis.
Gono has also expressed reservations over the current
equity-based programme
and suggested an alternative approach which he also
fleshed out in local
weekly on Thursday.
But in remarks that may have
been directed at the RBZ governor, Kasukuwere
said: “What I am doing is
implementing the law, but the country is full of
noisemakers who want to be
seen everywhere, in churches, at funerals and
speak about things they do not
even know.
“The statements they are saying (criticising the empowerment
drive) are ego
trips. They are saying things that are against the law and
are a danger even
to the interests of the country.”
The pair
memorably clashed over the issue two years ago, with the RBZ chief
suggesting that Kasukuwere was not “fit and proper person” to deal with
banks having been involved with the failed Genesis Bank.
Kasukuwere
replied in kind, dismissing the RBZ Governor as immature, adding:
“Let’s not
turn (this) into unwarranted personal attacks. Discharging
national
responsibilities requires maturity and sober reasoning.”
They later
called a truce but Gono still maintains that, instead of muscling
their way
into existing institutions, Zimbabweans interested in joining the
banking
sector should approach the RBZ for licences or takeover
undercapitalised
banks, giving the example of Mines Minister Obert Mpofu.
“The example of
Minister of Mines Obert Mpofu who came forward with his
money and sought
permission to take over ZABG bank which was ailing then is
a case in point,”
he said recently.
“We gave him two years within which to regularise the
ownership structure of
that bank to a maximum of 25 per cent for any single
shareholder which he
committed to do but for the time being he has put in
money and is a 99,9 per
cent shareholder.”
Thousands of cattle die after a dry spell in
Zimbabwe
Cattle farmers have been advised to plant grass to feed their
animals, at the expense of maize, which struggles to reach maturity in the
drought prone province
HARARE, 15 February 2013 (IRIN) - More than 9,000
cattle have died in the last few months following poor rains in Zimbabwe’s
Matabeleland South Province; more than half the death toll occurred in just one
of district.
“The
most affected district in Matabeleland South Province is Mangwe, which has lost
a total of 5,476 head of cattle since late 2012, with Matobo and Beitbridge
districts having lost 1,232 and 1,015 respectively,” the province’s chief
livestock specialist, Simangaliphi Ngwabi, told IRIN.
According
to a 2011 parliamentary
profile of the Mangwe district the cattle population
was estimated at 37,090.
Officially,
Ngwabi said, since December 2012 up until 5 February 2013, 9,395 cattle deaths
were recorded in the province, but the actual death toll was likely to be much
higher.
“The
challenges that we encounter when coming up with true statistics is that some
people do not report cattle deaths, and that means they do not reflect on our
statistics.
“In
some instances, after going on an assessment visit, we discovered that some of
the data capturing was faulty. In one instance, where we believed the whole
district had lost a total of 172 cattle, one area of the same district had
actually lost 278 heads of cattle,” Ngwabi said.
Changes
needed
Ngwabi
said the government should intervene through the provision of low-cost cattle
feed. She also said farmers must “change their mind set and approach cattle
ranching as a business” rather than viewing cattle as symbols of prestige. “It
makes more sense to plant grass which can be fed to their livestock than to
plant a crop of maize which will not mature.”
Alfred George Bango, a small-scale farmer in
Matabeleland South’s Matobo District, told IRIN that harvesting grass was alien
to the communities, but that it was an option they were prepared to explore if
it prevented cattle deaths.
"The rivers dry up early in this province, and the
existing dams are not adequate to cater to all
livestock"
He said, however, that the government had to provide
boreholes for all communities in the province as “the rivers dry up early in
this province, and the existing dams are not adequate to cater to all
livestock.”
Provincial
agronomist Innocent Nyathi told local media that in Beitbridge, Gwanda, Matobo
and Mangwe districts, crops planted at the onset of the first rains had wilted
due to a prolonged dry spell.
The
Matabeleland South provincial veterinary officer Mbuso Moyo told IRIN that
government interventions could include vaccinations against foot-and-mouth and
anthrax diseases. Individual or groups of farmers could also take actions to
mitigate cattle losses in the drought-prone province.
“They
could do this by ensuring that they produce or harvest feed for the summer
season and ensur[ing] their livestock is vaccinated. We always urge them to sell
or de-stock when the cattle are in good condition to attract good prices, and
not sell when they are thin and dying as this does not attract good
prices.”
Food
security outlooks
The
UN Food and Agriculture Organization (FAO), in the 11 February issue of
itsGlobal Food Price
Monitor said stable maize prices had been seen in
the capital, Harare. “However, in areas that experienced production shortfalls
in 2012, price spikes have been observed, notably in southwestern parts.”
In
its January-to-June 2013 food security outlook for
Zimbabwe,
the Famine Early Warning Systems Network (FEWS NET) said that crop production in
Matabeleland North Province and the western part of Matabeleland South “is
likely to be marginally average to below average even if seasonal rainfall is
above normal.”
FEWS
NET said an area of concern was the Greater Mudzi Communal livelihood zone in
Zimbabwe’s northeast, which relies on rain-fed agriculture for the production of
small grains, maize, groundnuts, sunflowers and small-scale cotton
production.
“The zone had poor production in the 2011-2012
agricultural season due to poor rain quantity and distribution, unavailability
of inputs and lack of draught power. Typically, very poor households in this
zone are largely dependent on food aid, market purchases, casual labour, some
remittances and safety-net cash assistance programming for their food needs,”
the food security outlook said.
[This report does not
necessarily reflect the views of the United
Nations]
Zimbabwe: Women make easy prey for corrupt
politicians
In Zimbabwe, most of the women’s economic
empowerment projects are actually corrupt vote buying
schemes.
Politicians in Zimbabwe
are taking advantage of the fact women face existing legal
limitations.Research shows that women, who often have lower
incomes, have limited access to basic public services because they are less
likely to pay bribes to get the services. This makes it difficult for them to
acquire registration documents like a mining licence or a permit to sell gold,
especially in countries like Zimbabwe where corruption is
endemic.
Tradition further
renders women vulnerable when many consider that women cannot hold land titles
(see this research). Land ownership would
enable them to gain access to natural resources, such as gold. Yet, to do so
women are forced to accept help from politicians. Unfortunately most of these so
called ‘lifelines’ from politicians are actually corrupt vote-buying
schemes.
Transparency International
Zimbabwe came across one of these
vote-buying schemes in the town of Chegututhat operated as a women’s economic
‘empowerment’ project. The project promoted women’s participation in mining by
giving them access to land and ‘ownership’ of a gold mine. But once a woman
starts working in the mine it was mandatory for her to pledge support for
certain politicians.
The ‘empowered’ women
were then made to rehearse political party slogans and sing party songs at the
mining site before starting their operations every day. The mines themselves are
dismal operations that often have no sanitation services. The gold mines are
more like panning activities in which deep holes and tunnels are dug, causing
injury and sometimes death to those working there. One of the women told
TI-Zimbabwe:
…we are mining here with permission of politicians, we
do not have legal title to own the mines but we support a political party. We
have poverty here in Chegutu since the industry closed. We have no source of
income to pay Council taxes and buy food. We hail the political party which has
provided us with this opportunity.
If the politicians were
really keen to empower women, they would have ensured that these women had real
permanent title – thus real ownership – to the mines and were provided with the
required expertise and machinery to carry out operations.
The “empowered” women are gathered to
rehearse and sing political party slogans at the mining site before starting
their operations every day.
Furthermore, the
Precious Mineral Act and the Gold Act of Zimbabwe clearly stipulates that only
licensed people can deal with gold. The fact that none of these women possessed
mining licences essentially renders the empowerment project illegal. Since the
women do not have permits to sell their gold on the open market, they end up
selling their gold illegally to the same politicians who ‘empowered’ them at
less than market value. If there is a dispute in price, the women have no legal
recourse because they have no legal title to the gold. Once the politicians have
secured the women’s votes and won parliamentary seats, they cease to care for
the women’s plight.
One mine owner
came to TI-Zimbabwe to ask for help. She was the actual legal owner of a mine
where an ‘empowerment’ project is situated. She approached our advocacy and legal advice clinicseeking advice on how
she could regain access to her land. According to her, she faced death threats
from the supporters of politicians who had invaded her mine. When she approached
the Mining Commissioner, he openly acknowledged that the women occupying her
land had powerful political connections and he could not displace them even
though they had no title to the land.
It is clear that in
Zimbabwe robust anti-corruption strategies should address forms of corruption
that affect women as a group. Such strategies could include ensuring equitable
and accountable public service delivery as well as strengthening women’s
capacities to act as watchdogs. As overseers they could provide adequate
oversight of various institutions, including political parties. Increasing
women’s participation in decision-making would increase their ability to improve
their situation
Police MUST STOP the harassment of human rights defenders –
ICJ
FEB 15,
2013
Via International Commission of Jurists (ICJ) Press
Release: The International Commission
of Jurists (ICJ) today expressed its great concern at reports that the police in
Zimbabwe have carried out what appears to be an unjustifiable raid against human
rights defenders, Zimbabwe Peace Project (ZPP).
On 11 February 2013, police reportedly raided the offices of ZPP,
a non-profit organization comprising of non-governmental organisations (NGO) and
church-based organizations, and confiscated mobile phones, wind up radios, files
with donor information, political violence reports and DVDs.
“The continuous attacks against NGOs by law enforcement agencies
clearly shows that there are systematic assaults on human rights defenders which
are closing the democratic space within which human rights defenders operate”,
said Martin Masiga, Deputy Director of the ICJ Africa Regional Program. “It
appears that the police are trying to discourage human rights defenders from
engage with citizens of Zimbabwe to exchange information concerning their rights
and freedoms, as the country heads for a referendum and election during the
course of the current year”.
The police undertook the raid pursuant to a search warrant issued
by the Superintendent of the C.I.D Law and Order Division of the Zimbabwe
Republic Police (ZRP).
The search warranted stated that there were reasonable grounds to
believe that ZPP had committed offences in terms of the Criminal Law
(Codification and Reform) Act, the Immigration Act, and the Customs and Excise
Act.
On the same evening eight police officers were discovered by the
security team that provides rapid response for the ZPP at the ZPP premises,
after an alarm had been tripped. The police officers demanded to gain access
into the office of ZPP Director, Jestina Mukoko. However the office was locked
and they could not enter. These officers did not have a search
warrant.
The ICJ welcomes the statement of the Co-Minister of Home Affairs,
the honourable Theresa Makone, which says that the Cabinet is concerned “over
the overzealousness of some police officers”, and that the police “must follow
the basic principle of policing” which is to investigate “to arrest rather than
arresting to investigate”.
The ICJ urges the Zimbabwean government to ensure that it protects
human rights defenders in accordance to United Nations Human Rights Defenders
Declaration, endorsed by all the States including Zimbabwe.
The ICJ further urges the Zimbabwean government to stand by its
commitments to the Zimbabwean Constitution, the African Charter on Human and
Peoples’ Rights and the International Covenant on Civil and Political Rights, to
which it is a state party. These instruments expressly guarantee the right to
the freedom of opinion, expression and association.
Lastly, the ICJ further urges the police in Zimbabwe to conduct
impartial investigations into allegations of violations of human rights, to hold
accountable those responsible for human rights abuse and to protect human rights
defenders and NGOs that work for the protection of human rights in Zimbabwe.
JAG open letter forum - No. 827- Dated 14 February 2013
Email: jag@mango.zw; justiceforagriculture@zol.co.zw
=================================================
1.
Cathy Buckle - We'll Take The Money"
2. Dale Dore - A 'Necessary
Compromise' Too Far
3. Ben Freeth - A 'Necessary Compromise' Too
Far
4. EG Cross - A 'Necessary Compromise" Too Far
5. A 'Necessary
Compromise' Too
Far
=================================================
1. Cathy
Buckle - We'll Take The Money"
Dear JAG
Almost exactly thirteen
years after Zimbabwe was last faced with a
proposed new constitution we are
back in the same place again.
Parliament has just approved a draft
constitution that gobbled up a
massive forty five million US dollars.
Amazingly, despite four years
of acrimonious arguments, intimidation,
disputes and threats, there
were apparently no dissenting voices from any
MP's in the House of
Assembly when the draft was presented. Right up to only
three weeks
ago there had been complete deadlock, meetings were ending in
failure
and the two main political parties were blaming each other for
the
stalemate. Then suddenly, in just one day, all that disappeared
and
now both the MDC and Zanu PF say they are going to recommend a
YES
vote for the constitution when it goes to a national
referendum.
Just as they did for the February 2000 constitutional
referendum, the
NCA (National Constitutional Assembly) have come out guns
blazing and
immediately issued a press statement giving 24 reasons why they
were
going to campaign for a NO vote in the referendum expected in a
few
weeks time.
Most ordinary Zimbabweans have not yet seen the draft
constitution so
they don't know if the things they said at the outreach
meetings
have made it into the final draft or if they've been bargained
away
by the country's political leaders. Others in a number of towns,
mine
included, had interrupted, shortened or cancelled constitutional
outreach
meetings back in 2010 when rowdy youths arrived in numbers
and disrupted the
gatherings making sure peoples voices were silenced
or left them scared to
air their views. That is now apparently not
important. With just weeks before
a referendum it is still not known
if the estimated three million Zimbabweans
in the diaspora will be
allowed to vote from outside the country or if the
multiple thousands
of born and permanently resident, tax-paying Zimbabweans
who have been
struck off the voters roll in recent years will be allowed to
vote on
the proposed constitution.
One day after it was announced that
Parliament had unanimously
approved the draft constitution, the media carried
reports that the
Zimbabwe government had asked the UNDP for two hundred and
fifty
million US dollars in order to hold the referendum and elections
that
will follow. The appeal to the UNDP comes before it is even known
if
any western countries will be allowed to observe Zimbabwe's two
trips
to the polls in 2013. Will this be another case of: 'we'll
take the money but
you can't watch how we spend it?' Until next
time, thanks for reading, love
cathy 9th February 2013. Copyright
Cathy Buckle.
www.cathybuckle.com <http://www.cathybuckle.com/>
For
information on my new book "IMIRE", about Norman Travers and
Imire Game Park,
or my other books about Zimbabwe: "Innocent
Victims," African Tears," "Beyond
Tears;" and "History of
the Mukuvisi Woodlands 1910-2010", or to
subscribe/unsubscribe to
this letter, please visit my website or contact cbuckle@zol.co.zw
<mailto:cbuckle@zol.co.zw>
-------------------------------------------------------------------------------
2.
Dale Dore - A 'Necessary Compromise' Too Far
Dear Eddie
(Cross),
You write convincingly, with excellent turns of phrase. Yet it
is pitiful to
see someone deluded by their own propaganda. And worse, to
witness the
betrayal by those once trusted to defend fundamental human rights
and
protect property rights. Not once did you mention the single deepest
flaw
in the constitution: Article 72 that entrenches the land seizures and
which
allows farms to be confiscated at the stroke of pen.
Yes, you
can congratulate yourself that the constitution will be passed, but
only
because you sing from the same hymn-sheet as ZANU(PF). Patrick
Chinamasa
called it a "beautiful document". He was not so reticent about
expressing his
views on the final draft that "ZANU(PF) was forced to
accept".
In case
you missed it, this is how he put it:
"We have managed to protect those
issues that are dear to us. The land issue
is a foregone conclusion. We
agreed that it is irreversible. The issues
which were in contention are now
history. We have made sure that our
revolution has been
consolidated."
You are sufficiently cynical to not even expect people to
read the draft
constitution. Rather you want the people to take your word for
it and to
trust the MDC to correct the constitution's shortcoming once you
are in
power. But you would need a landslide election victory to give you
the
two-thirds majority to make constitutional changes. In reality, it will
be a
major achievement for the MDC to win a simple majority and engineer
a
peaceful transfer of power. Even so, your own leaders have accepted that
the
land seizures are 'irreversible'. Tendai Biti, who negotiated the GPA
with
Patrick Chinamasa, said as much. He now wants a land audit to
'legitimise'
this unlawful process.
In truth, you have compromised so
much that you have given away the very
principles of human rights and the
rule of law on which your party was
originally founded. With every "necessary
compromise" it becomes more
difficult to distinguish MDC from ZANU(PF). As
for 'trust': that, sadly, you
lost long ago.
Dale
(Dore)
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3.
Ben Freeth - A 'Necessary Compromise' Too Far
Dear Eddie
(Cross),
I think that if the real truth be known, the problem lies in the
fact that
people are becoming less sure of the MDC's commitment to the rule
of law,
human rights generally and the restoring and expanding of property
rights
for all - so that everyone can develop and fulfill their God given
potential
secure in the knowledge that the state is not going to just
nationalize
their property as it continues to do. If the MDC really believed
in such
things they would be making a lot more noise and doing a lot more
about them
in the national and international arenas - rather than globe
trotting to
foreign countries to tell the world that everything is fine in
Zimbabwe now.
You tell us that this is all about wrestling power away
from ZANU. I think
we all have to be concerned though:
Why has MDC
allowed the whole diaspora to remain without a vote in the
new
constitution?
Why has the MDC allowed the Presidents powers to
remain so strong in the new
constitution?
Why does the MDC not just
stand for what the international human rights
charters, international
treaties and international court judgments say -
like the people in Eastern
Europe who wrestled power from the totalitarian
yoke there by so
doing?
Why is the MDC not publicly campaigning around the world for
international
monitors to protect the people and protect their vote in the
election?
Patrick Chinamassa calls this a "beautiful document." The MDC
are
campaigning for this "beautiful document" too - and yet neither of
the
apartheid constitutions had discrimination so flagrantly entrenched! Is
it
any wonder that there is some very serious concern about where we are
all
going to end up at the end of it all. We must not fall onto the
slippery
slope of compromising on fundamental principles and allowing
unfair,
discriminatory laws to continue to destroy Zimbabwe. It can never be
an
option for any of us who believe in what is right.
Kind
regards,
Ben
(Freeth)
-------------------------------------------------------------------------------
4.
EG Cross - A 'Necessary Compromise" Too Far
Dear Dale (Dore) et
al
For an otherwise clever bunch of guys you are myopic on this issue.
The
constitution is a COMPROMISE between two totally disparate groups. This
is
and was a situation where there was no shared vision or agreement on
many
issues, it was a question of what was each side prepared to give in
order to
get what they really wanted. For Zanu PF the land issue was one of
those
irreducible issues. We have never confronted them on that issue - we
could
do nothing about it, it meant very little to the great majority of
people
and was not connected to the fundamental issue - that of political
power. We
simply stood aside and said you daft the land issues and we will
accept -
but on human rights, the rule of law, the structure of the
State,
devolution, citizenship (including dual citizenship) we brooked
no
compromise and on these critical matters we got more or less what we
wanted.
Our negotiators did a phenomenal job over the 3 years that they
battled with
Zanu PF. The land issue must be sorted out and must be corrected
- we all
agree, but its an issue for another day. Right now we have to get a
change
of government or we are all screwed.
Eddie
(Cross)
-------------------------------------------------------------------------------
5.
A 'Necessary Compromise' Too Far
Dear Jag
Eddie's not only not
listening, he's playing victim. "people who criticize
us simply fail to take
any account of the circumstances in which we find
ourselves." He sees himself
as a victim of circumstance, the very
circumstance MDC-T have
created.
Then he tries fear tactics - " By all means vote no - together
with Chief
Charumbira and Mnangagwa. Join forces with Chihuri and Chewengwa
and try to
block change."
How does he know these people will vote no?
I am of the opposite view. Zanu
are home and dry on a yes vote. Their looting
is protected by this thing
they call a constitution - a beautiful
document.
How can a yes vote be a vote for change when, in reality it as
a vote for
Zanu PF's status quo.
Even if MDC win the presidential
election, it doesn't mean power transfer
and anyone who thinks otherwise
needs to think again.
The truth of the matter is that MDC appears to be
selling out.
Mpunity.
(Anon)
====================================================
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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.