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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.


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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.”


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Isolated Doma tribe in the dark about referendum and elections

http://www.swradioafrica.com
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.

Read about the interesting genetic difference of the Doma people


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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.


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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.


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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


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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.”


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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.


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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.


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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.


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'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


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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!!!


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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


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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


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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!!!


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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.


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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.


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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.


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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


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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.


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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.”


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Thousands of cattle die after a dry spell in Zimbabwe

http://www.irinnews.org
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 its
Global 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]


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Zimbabwe: Women make easy prey for corrupt politicians

http://blog.transparency.org/

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


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Police MUST STOP the harassment of human rights defenders – ICJ

http://www.sokwanele.com
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.


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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)

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

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)

====================================================

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


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