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

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Despite denials, police brutality is increasing

2/17/2003 7:21:14 AM (GMT +2)
 

ALTHOUGH the government and the State media have always denied it, police brutality does exist in Zimbabwe and certainly appears to be getting worse.

Cases where opposition party members, journalists of the so-called opposition Press, as the government through the Minister of State for Information and Publicity in the President’s Office, Professor Jonathan Moyo, loves to call us, and even Members of Parliament have been beaten up, tortured, maimed and raped have been reported on numerous occasions by this newspaper.

The government has denied some of the allegations although recently in the case of Job Sikhala, the St Mary’s MP, they tried but failed to hide the truth from the public.

The opposition legislator was arrested and tortured in police custody for allegedly trying to remove the government unconstitutionally, a charge subsequently thrown out by the court after the non-appearance of his alleged police torturer.

Sikhala was subsequently admitted and detained in hospital following the torture. There was no way in which he could have inflicted such brutality on his person. It does not need a rocket scientist to know that the man was subjected to torture. He broke down and wept after being brought to court for his initial remand in the case.

Sikhala has been haunted by the police on several occasions. He has been arrested and detained numerous times on trumped-up charges. We say trumped-up charges because each time the cases went for trial, he was discharged. To us, that constitutes police harassment and brutality of the highest magnitude.

This makes us wonder how Presidents Thabo Mbeki of South Africa and Olusegun Obasanjo of Nigeria could comfortably declare that Zimbabwe had made reasonable progress since February 2000, when the government-sponsored draft constitution was massively rejected by the populace, to warrant being re-admitted into the Commonwealth.

The unequivocal rejection of the draft constitution led to massive violence preceded by the war veterans-led chaotic land invasions which left more than 30 people dead, among them commercial farmers. The violence and harassment is still with us today in one form or another if the continued arrests, beatings and torture of opposition party MPs and their supporters is taken into consideration.

Zanu PF unleashed terror and mayhem with impunity and a few token arrests were made of the perpetrators to present a facade of order to the whole world.

With such brutality continuing, there can be no way that Mbeki and Obasanjo can say Zimbabwe is now relatively peaceful and orderly enough to be re-admitted to the Club.
In our Saturday issue, we reported that three policemen had been arrested for allegedly fatally assaulting a security guard whom they had arrested at Chikwanha shopping centre in Chitungwiza after he was accused of stealing $500 000 from a bar at the shopping centre. Elsewhere today we report on a toddler who sustained permanent eye and forehead injuries after a policeman allegedly descended on her while she was strapped on her mother’s back in a sugar queue in Bindura.

The police have been ordered to disperse people from the queues because they create the “wrong impression” to the Mbekis and Obasanjos of this world. Zimbabwe has enough food to feed itself, so the government says, therefore there should be no queues.

The policeman responsible for that child’s injuries should be brought to book like those in the Chitungwiza case. People should be left to queue in peace. They are already angry and hungry, why add insult to injury by harassing them in queues?

So far the Bindura policeman has not even bothered to check on the child’s welfare. He had the audacity to give the child’s poor family $1 500 to buy drinks what cheek!

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Police quiz Anglicans

2/17/2003 7:19:00 AM (GMT +2)
 

By Lloyd Mudiwa

SOME members of the Anglican Church in Harare were questioned by the police under the selectively applied Public Order and Security Act on suspicion they knew of a conspiracy to assassinate Bishop Nolbert Kunonga, the head of the church’s Harare diocese.

This is contained in a 17-page document accusing Kunonga of many glaring shortcomings and the failure by church officials in the diocese and province to caution him.

Bob Stumbles, the dismissed chancellor of the diocese of Harare, compiled the damning report dated 7 February 2003, plunging the Harare diocese into controversy yet again.

Stumbles, as chancellor, was the Bishop’s legal adviser.
Kunonga allegedly dismissed Stumbles, a respected Harare lawyer, and a Father Arthur Mutsonziwa last Friday following the release of the report.

Yesterday, the report was distributed by the councillors during the church’s services in the Cathedral of St Mary and All Saints in the city centre.

Last week, the church’s bursar, Elizabeth Forbes, was summoned by the police allegedly on Kunonga’s instigation, to explain where she kept the offertory.

Kunonga, the first clergyman in Zimbabwe to be slapped with personal sanctions by the United States, and the councillors are reportedly fighting to control church funds.
Kunonga is accused of having already diverted about $1,6 million into an account of which he is the sole signatory with Stanbic Bank.

According to Stumbles’ damning report, church wardens, some councillors and members of the congregation were questioned by the police on the alleged assassination plot at the end of March and in April 2002.

Nothing has since happened on the matter.
Efforts to get comment from Kunonga proved fruitless yesterday.
Part of Stumbles report reads: “Nothing further has transpired. Your illegally established commission of inquiry, it would seem, has made no finding on this very serious allegation and one wonders why.”

Several other problems cited in the report which have arisen in the church since Kunonga became Bishop in 2001, also caused Father John Matthew Sebbo, who led yesterday’s service, to indefinitely postpone the diocese’s 59th Synod which had been set for next Saturday.

Stumbles’ report, addressed to Kunonga and copied to the Reverend Malango, the Archbishop of the Anglican Church of the Province of Central Africa and several other church officials, said the “time had come to break the silence”.

Kunonga allegedly failed to seek advice on various complaints from Stumbles as chancellor while church officials in the diocese and the province failed to act.

“His Grace the Archbishop of the Province, the Dean of the Province, the Provincial Chancellor and Registrar, and Bishops are exhorted, as a matter of urgency, to commence forthwith with an inquiry into the affairs of the diocese of Harare and to take particular note of irregularities, flagrant breaches of the canons, acts, rules and regulations and the many, many issues that remain unclear, unanswered or apparently ignored.

“It is, with respect, patently obvious that, due to complacency, inaction or reluctance on the part of some of those in authority within the province to deal with the numerous complaints, the situation in the diocese is deteriorating,” said Stumbles.A number of the disputes could have been resolved through discourse or through the Ecclesiastic Courts at Kunonga’s directive, said Stumbles.

He said Kunonga should not have resorted to the secular courts, contrary to the laws of the church.

Matters highlighted in the report include Kunonga’s refusal to meet with the members of his cathedral in the presence of the Bishops in Zimbabwe last October to resolve the disputes.

Kunonga also allegedly failed to give at least 90 days’ notice before the day on which Synod is to assemble to enable members to make contributions to the agenda.

He also failed to implement a resolution adopted at last year’s Synod to make all clergy and laity within the diocese familiar with the constitution, canons, rules and acts of the Church of the Province of Central Africa resulting in these being disregarded, Stumbles charged.

Stumbles said he oversaw the election of two church wardens and 12 councillors in August last year following Kunonga’s directive, but the Bishop was now refusing to communicate with them claiming they were illegitimate.

“To my utter amazement a few days later you instituted injunction proceedings in the Harare Magistrates’ Courts against the wardens, councillors and five members of the choir, barring them from entering the Cathedral,” he said.

“Your secular court application was dismissed. You were ordered personally to pay the legal costs on the higher legal practitioner and client scale, which is a punitive measure to show the court’s displeasure.”

Diocesan legal proceedings in civil matters are normally instituted and performed on behalf of the diocese by the diocesan trustees subject to the advice of the diocesan registrar or his deputy.

Matters where church members have committed some offences, should be referred to the diocesan court and not a secular court.

Kunonga arbitrarily instructed the removal of “colonial relics” from the church’s cathedral and had them delivered to the National Archives without the trustees having passed a resolution.

Kunonga ignored two votes of no confidence against Reverend Godfrey Tawonezvi as the Dean, Archdeacon and Rector of the cathedral parish, who has now been appointed Bishop of Masvingo.

After Tawonezvi’s appointment, Kunonga then illegally declared himself Dean in December.

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Daily News
Shamu calls for harmony among new farmers

2/17/2003 7:12:21 AM (GMT +2)
 

By Precious Shumba

WEBSTER Shamu, the MP for Chegutu, has urged newly-resettled farmers, among them war veterans and former farm workers, to resist any attempts to divide them along political lines.

He said they should unite, despite their different political affiliations, and work together to fight the economic and social hardships they are facing.

Shamu, a war veteran and a member of the ruling Zanu PF central committee, said: “Whoever that person is, from whatever political party, it will be wrong for
society to preach political hatred.
“Let’s accept diversity of opinion.”

Shamu was speaking at Chikeya Farm in Zvimba district, near the town of Chinhoyi.
He was part of the Parliamentary Portfolio Committee on Public Service, Labour and Social Welfare visiting the area.

The committee was on a fact-finding tour of commercial farms in Mashonaland West, Central and East provinces.

Shamu said: “Although the government is led by Zanu PF, the MDC and its members need to be respected, provided with essential services and equal treatment.

“We, as Zanu PF and MDC MPs, are uniting in Parliament as Zimbabwean MPs and eating together, striving to bring development to everyone.

“This is because hunger and starvation of this magnitude does not distinguish between MDC or Zanu PF members. But when it comes to campaigning, each person can vote for a party of their choice.

“Once elected MP, that person becomes a representative of the MDC and Zanu PF supporters,” said Shamu, the chairman of the committee.

Other parliamentary committee members included Milton Gwetu (Mpopoma), Esther Nyauchi (Gokwe West), Paurina Mpariwa (Mufakose), Lazarus Dokora (Rushinga), Chief Hama (Midlands), Jefta Chindanya (Zaka West) and Esaph Mdlongwa (Pumula-Luveve).

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Daily News
Objections came too late

2/17/2003 7:11:53 AM (GMT +2)
 

Staff Reporter

Misheck Shoko, the Executive Mayor of Chitungwiza, says the residents’ objections to the increase in certain charges, covered in the town’s $6,2 billion budget for this year, were submitted too late for consideration.

He was responding to allegations by Chitungwiza residents that their objections, lodged through the Chitungwiza Residents and Ratepayers’ Association (CHIRRA), last October, were ignored.

CHIRRA launched an intense campaign for the residents to reject the budget proposals after they were presented on 14 October last year.

It randomly collected 400 representative signatures from residents in the 24 wards, objecting to the budget proposals.

This was the first time in the 24-year history of the town that such a large number registered disapproval to a council budget.

The residents had objected to, among others, health, education and development levies, and a 250 percent increase in the salaries bill.

The Urban Councils Act requires councils to take objections into account before submitting annual budgets to the Minister of Local Government, Public Works and National Housing for approval.

Shoko said this year’s budget, which raised all charges by 90 percent, had been approved by Ignatius Chombo, the Minister of Local Government, Public Works and National Housing.

Shoko said: “The association failed to meet the deadline for objections, but last month I called them in anyway, to discuss their concerns. We managed to narrow these down to one area, and that is the clinic and ambulance charges. That area has not been cleared.”
Shoko said the budget could not be revised as it had already been approved by the minister.

Martin Masitera, the CHIRRA secretary, conceded that the association was at fault.
He said: “We did things in ignorance. When we submitted our objections last October, we did not do a follow-up. We only came to know that we had blundered when we got a letter dated 2 January from the council.

“We received the letter well after that because there was a postal workers’ strike at the time. I don’t think there is anything that can be done now.”

Shoko said they would meet with CHIRRA later this month to thrash out the outstanding issues.

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Daily News
Dubious firm in visa scam

2/17/2003 7:14:46 AM (GMT +2)
 

By Columbus Mavhunga

SOME unscrupulous people purporting to be well connected overseas and at local embassies, are swindling desperate Zimbabweans out of their hard-earned cash with claims of facilitating employment and travel documents.

Last week a number of people complained that they lost money ranging from $5 000 to $350 000 which they had paid to a “travel agent” called McEmmanuels Investments (Pvt) Limited. The company advertised in the Press that it processes employment and travel documents to countries such as the United Kingdom and the United States of America.

“I left my passport on 13 December 2002 and paid US$150 to get a USA visa,” said a woman from Mabelreign who wanted to be identified only as Spiwe.
“My understanding was that I would get my passport after a week.”

Spiwe said when she went back to the company she was told to come later and she did that on several occasions but to no avail.
“I have not received my passport up to this day,” she said. “To make matters worse, I understand the company has since moved from its previous premises and I cannot locate them.”

When a Daily News crew visited the Fifth Floor of LAPF Centre, where the company was reportedly operating from, they were told that McEmmanuels Investments had been evicted for defaulting on rentals.

Repeated efforts to get a comment from Emmanuel Muzondi Moyana, who is said to be one of the company’s directors, were fruitless.

His mobile number was now being answered by a lady who claimed to have bought the line from someone else.

There are reports that Moyana has since moved from his Highfield home in Harare to Mutare.

Receipts which McEmmanuels Investments issued to its clients do not have contact telephone numbers.

One of the McEmmanuels Investments’ clients said they had reported the matter to the police.

“I managed to recover my passport in a drawer when the company was still operational, there were many passports in the drawer,” said the client. “I am sure that is where they used to keep the passports. But some people have not recovered both their passports and their money.”

Police confirmed the matter.

One police officer said: “We received the report about Moyana. However, he is on the run. We will publish his picture in the Press. He is around, but he moved from Highfield where he used to stay.”

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Daily News
Visiting presidents hoodwinked

2/17/2003 7:28:57 AM (GMT +2)
 

I find it extremely disappointing that some African presidents come to Zimbabwe and spend a few hours at State House on the pretext that everything in Zimbabwe is okay.

If at all they move around they do so with government ministers or Zanu PF members who obviously know where to take them and, much more important, where not to take them.

The facts are that the presidential election was rigged and food distribution is biased. Don’t you recall what the illegitimate president said after rigging? Was it in Zvimba and on national television, that people in Harare would starve.

Kutaura Muchinyanya
Harare

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Daily News
Flower, Olonga’s gentlemanly conduct is what the game of cricket is all about

2/17/2003 7:28:14 AM (GMT +2)
 

TWELVE years ago, when my wife and I met, my Saturdays changed drastically. Her then 10-year-old son was a cricketer, so we’d rise early to drive Matt to some dew-drenched pitch or other in British Columbia’s Lower Mainland.

Initially I was amused by these youngsters in their neatly-pressed white uniforms. Cricket was, despite my British heritage, a total mystery when this Saturday morning ritual first began.

Like most Canadians, I’d been raised on a steady diet of American football, baseball and hockey. Cricket? I’d never even seen a game played, nor had any inclination to do so.
The first match was an eye-opener. I was amazed to watch players enthusiastically applaud their opponents’ achievements.

The best any brilliant move a hockey player might have elicited from a member of the opposite team would have been a phlegmy projectile or a snarled promise of violent reprisal.

Over the next few years I came to appreciate the gentlemanly conduct of these young cricket players and the rules of sportsmanship that were regarded as paramount. I even went so far on occasion as to fill in as an umpire. I was hooked.

Fair play, gentlemanly conduct, sportsmanship these were what cricket represented, the very best of sport.

The stance taken by Zimbabwe’s Henry Olonga and Andrew Flower does not sully the reputation of cricket it celebrates it. For they have chosen to side with fair play and doing the right thing, which for me is the very epitome of what cricket stands for.

They have the misfortune to live and play cricket in a country ruled by liars, thieves and murderers. They knew only too well that allowing Zimbabwe to host international cricket unchallenged would be tantamount to turning a blind eye to the brutality of a bloody regime that already has the deaths of thousands on its hands and may eventually be responsible for the deaths through starvation of many times this number. To this terrible government, the World Cup was nothing but a public relations coup one that had absolutely nothing to do with cricket at all.

History, not the International Cricket Council (ICC), will judge Flower and Olonga. And it will honour them as they have honoured the game they revere. I suspect that the ICC, on the other hand, will not fare nearly as well and deservedly so.

Mike Steele
British Columbia
Canada

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Daily News
   
FEATURE Monday   17  , February
 
Bribing Green Bombers with short-term happiness

2/17/2003 7:20:03 AM (GMT +2)
 

By Magari Mandebvu

There is a Chinese proverb which says: “If you want to be happy for three hours, get drunk; if you want to be happy for three days, slaughter a pig; if you want to be happy for three weeks, get married; if you want to be happy for the rest of your life, start a garden.”

There are a lot of people around who obviously aren’t interested in being happy for life.

If they occupy a farm, they slaughter the beasts.

If they are careful, they don’t slaughter them all at once, so they have several three-day periods of happiness.

They may get drunk as well, which I suppose means that they are very happy for a short time.

When they wake up, the meat and the booze are finished and the rest of their miserable lives stretches before them.

This seems to be the Zanu PF’s way of keeping people happy.
If we really see a Fourth Chimurenga, they will do the same to what little industry we have left that they did to the commercial farms: share out and gobble up the assets in a few days and then wonder why the rest of their lives look so miserable and bleak.
But some real war veterans took a different view.

They did something very close to starting a garden. They formed groups, pooled their demobilisation money, bought farms or businesses and set out to run them as
co-operatives.

This really wasn’t the Zanu PF’s plan, so a Ministry of Co-operatives was set up, staffed with civil servants none of whom had ever been members of a co-operative, to control the new co-operatives.

What sort of rules would you expect officials like that to produce?
The result was that, in order to get any help from outside, a co-operative had to be registered with the ministry and, in order to be registered with the ministry, co-operative members had to spend a lot of time when they should have been producing things on keeping the ministry happy filling in forms, collecting certificates of this, that and the other thing and generally running around the way bureaucrats like to make us all do. That is what bureaucrats are trained for, so why expect them to do any different?

We have more reason to criticise the decision-makers in government.
Zanu PF and Zapu both set up party companies and farms, and both, at the start, declared their intention of running at least some of them as co-operatives.

However, very soon the Zanu PF central committee member responsible for the farms decided that the members, all of them veterans of the Second Chimurenga, were “unsatisfactory” and not delivering results fast enough, so they were quickly given managers to control them.

The farms ceased to be co-operatives, but were run according to the ideas of discipline that are more suitable to the army, and which operate in industry and private commercial agriculture. That is very different from the discipline that working your own farm imposes, which is ruled by the weather and the farmer’s need to feed himself and his family. Within the limits imposed by nature, he is his own master not the sort of person bosses ever like.

But the 1980s war veterans who thought like this could be sidelined and labelled a discontented group of unemployables as long as the rest of us continued to thank our liberators. Most of us continued to vote for them and thank them for the schools and clinics we got in the 1980s, even for the Blair toilets we built ourselves!

In the 1990s, we lost the clinics and schools and Zanu PF lost our support. They needed new supporters to keep them in power. The “war veterans” who emerged in 1997 fitted that role.

These collected their payments, got drunk, and when that happiness faded into a hangover, they could still be persuaded to terrorise commercial farmers and their workers, kill some beasts and stay happy for a little longer.

But that happiness doesn’t last. Some of them began to get discontented, whatever the Chinotimbas and their like may say. Some of them even asked for more, like land for themselves, so the search was on for new allies who could be bribed with short-lived “happiness”.

That was where the Green Bombers came on the scene. They were too young to remember the long history of shallow or broken promises, so it was easier to once again repeat those old promises and get them to do the dirty work in last year’s presidential election.

They did the job, were given a bit of the short-lived happiness that comes from a bottle or a certain herb, but, although some of them are being kept quiet for a bit longer with places in colleges where they can’t keep up with lectures, or jobs in the police and prison service (have you noticed all those prison officers in new uniforms and how little hair they have on their faces?), their time is limited.

Of course, more Green Bombers are being recruited or conscripted, but the good news is that their time is limited too. However, if we wait until there are no new dupes to be recruited, we will have a national hangover of monumental proportions, with a country full of guys armed and trained only in robbery, rape, torture and murder.

The end is in sight, but the time has come to say “enough is enough” and do something ourselves to bring the end more quickly.

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Daily News
Police assault toddler

2/17/2003 7:15:44 AM (GMT +2)
 

By Loveness Mlambo

AN eight-month-old baby is feared to have sustained serious and permanent injuries after a policeman mistakenly hit her on the forehead with a baton stick last Tuesday at Savva shop in Bindura.

The victim, Michelle Zimbawu, was strapped to her mother’s back. The mother was queueing for sugar at the shop.

An eyewitness, who also works at the shop, said the policeman who was manning the queue, wanted to hit a man who was trying to jump the queue.

“The man was squeezing his way into the queue and when he saw the policeman raising the baton stick, he dodged and the weapon landed on the baby’s forehead,” the eyewitness said.

The baby was rushed to Bindura General Hospital where she was admitted.
In an interview at her Chipadze home last Friday, the mother said her daughter had sustained a deep cut on the forehead and her face had been swollen for three days.
The baby was discharged after two days when her condition had slightly improved.
“The swelling of the face is what is worrying me now and the doctor said she might have sustained a permanent injury. I am afraid that the problem might get worse as she grows up,” the mother said.

She said in addition to the injury on the forehead, her daughter also developed a blood clot in the right eye.

A medical report which was written by a Dr Bunjira indicated that the condition of the baby was serious.

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Daily News
Minister optimistic of industrial revival

2/17/2003 7:25:33 AM (GMT +2)
 

From Ntungamili Nkomo in Bulawayo

Samuel Mumbengegwi, the Minister of Industry and International Trade, has expressed hope for the revival of the Zimbabwean industrial sector and international trade which are on the verge of total collapse.

Mumbengegwi was on an industrial familiarisation tour in Bulawayo last Thursday.

He acknowledged that the country’s international trade and industrial production had declined rapidly in the past few months, but that his ministry was working out strategies to revitalise the industries.

Asked how possible it was to resuscitate industry considering the prevalent unfavourable economic climate, the minister could not say, but maintained that the government had some blue-print solutions.

“There are problems, we agree, but we also have a vision and solutions to them are becoming clear to us,” said Mumbengegwi.
The majority of industries in the country have closed down as the economy continues to take a nose-dive and some of them face viability problems as a result of the crippling shortage of foreign currency and fuel.

He said the government does not want companies to close.
Mumbengegwi said: “Government does not want to see any company closing down.
“The reason I am here is to find out what your problems are so that we can decide how best we can assist you,” he said.

To boost international trade, the minister said the government was negotiating with ZimTrade to take full responsibility of trade in the country.

“Plans are underway to make ZimTrade carry out international trade on behalf of the whole country, and in a few months exports will have increased.”

Ironically, the country has little to export, and as a result there are little export earnings.
Exports in the tobacco industry, the country’s once vibrant and robust foreign currency earner, have deteriorated drastically because of a stoppage of production in the commercial farming sector due to the State-led farm seizures.

The minister urged companies to exploit all the resources they could find on the local market and not to moan about the shortage of foreign currency.

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BBCMonday, 17 February, 2003, 09:33 GMT
'Readmit Zimbabwe' to Commonwealth
President Thabo Mbeki of South Africa, Prime Minister John Howard of Australia, and President  Olusegun Obasanjo of Nigeria
The "troika" cannot agree on the way ahead
Zimbabwe should be readmitted as a full member of the Commonwealth, Nigerian President Olusegun Obasanjo has said.

Both President Obasanjo and South Africa's Thabo Mbeki - who are part of the organisation's "troika" dealing with Zimbabwe - say Harare's one-year suspension should not be extended when it ends in March.

Zimbabwe should be helped to get over its own difficulties

President Obasanjo of Nigeria
President Obasanjo told the BBC that human rights abuses connected with land reform had largely ended and Zimbabwe now needed help to resolve its problems.

New Zealand Prime Minister Helen Clark and Australian Prime Minister John Howard - the third member of the troika - have called for full expulsion because of human rights violations in Zimbabwe.

Mrs Clark said the situation in Zimbabwe had worsened and she accused South Africa and Nigeria of offering "almost blind support" to Mr Mugabe.

'No compensation yet'

But Mr Obasanjo told the BBC that most of these abuses had been connected with the controversial seizures of white-owned land - which he said ended last year.

In an interview with the BBC's World Today programme, he acknowledged that President Robert Mugabe's land policies were open to criticism - but he praised the Zimbabwean leader for addressing the issue.

'War veterans' outside a white-owned farm
Mugabe's supporters have been occupying farms

"The [Zimbabwean] Government would be irresponsible if it did not do something about land redistribution," he said.

"And during a massive land redistribution we should expect a certain amount of disruption before things come back to normal."

He noted that President Mugabe had promised to compensate white farmers for improvement they had made to the land.

But Colin Cloete, president of the Commercial Farmers' Union told BBC News Online that no farmer had yet received any money.

He also said that illegal land invasions were continuing.

Around 600 white farmers remain on the land, out of the 4,000 three years ago.

"Zimbabwe should be helped to get over its own difficulties," President Obasanjo said.

'Quiet diplomacy'

Meanwhile, President Thabo Mbeki of South Africa said the solution to the crisis in Zimbabwe lay in the hands of its own people - not outsiders.

In an interview broadcast by SABC television he said that his behind-the-scenes contacts with Mr Mugabe's government were yielding results.

Zimbabwean President Robert Mugabe
Zimbabwe was sanctioned after Mugabe's re-election
"Over all this long period we've raised concerns about a whole variety of matters with Zimbabwe," he said.

Mr Mbeki said that following Pretoria's "quiet diplomacy", Zimbabwe had agreed that changes were needed to laws relating to press freedom and democracy.

Last March, the Commonwealth suspended Zimbabwe from its councils for a year, following Mr Mugabe's controversial re-election.

At the time, the Commonwealth said the poll was "carried out in an atmosphere of intimidation" and "did not reflect the views of the Zimbabwean people".

The next Commonwealth summit is due to discuss whether Harare should be re-admitted as a full member.

But there is now a deep rift on Zimbabwe - and both sides appear to be in little mood for compromise.

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Transparency International

Press Release:

Transparency International condemns the arrest and assault of civil society leaders in Zimbabwe

Arbitrary arrest and assault of TI Zimbabwe Chairman John Makumbe an 'alarming sign', says anti-corruption group

Berlin/Harare, 15 February 2003


Transparency International (TI) condemns the treatment by the Zimbabwean authorities of the Chairman of its national chapter in Zimbabwe, John Makumbe, who was arbitrarily detained by police on 13 February and assaulted while in handcuffs before being released.

"The arrests are an alarming sign of a further deterioration of the treatment of civil society leaders in Zimbabwe," said David Nussbaum, Managing Director of Transparency International, the world's leading non-governmental organisation engaged in the fight against corruption. "This appears to be yet another example of the Zimbabwean authorities' intolerance towards their critics. The incident sadly suggests that conditions in the country are not improving," Nussbaum said.

John Makumbe, a member of the international board of Transparency International and a well known political scientist and human rights activist, was among those arrested when police armed with batons prevented the holding of a meeting at a church in Harare on 13 February. Mr Makumbe was beaten across the face and is receiving medical treatment. Others arrested include Bishop Trevor Manhanga, the president of the Evangelical Fellowship of Zimbabwe, and Brian Kagoro Coordinator of the Crisis in Zimbabwe Coalition.

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NZ backs Zimbabwe's suspension

Monday 17 February 2003, 16:05PM


New Zealand has backed Australian Prime Minister John Howard's push to continue Zimbabwe's suspension from the Commonwealth.

NZ Prime Minister Helen Clark spoke with Mr Howard, who chairs the Commonwealth committee set up to oversee Zimbabwe's year-long suspension from the 54-member Commonwealth.

In the countdown to the expiry of the sanctions on March 19, a rift has developed within the committee over what should happen to Zimbabwe.

The other two members -- South African president Thabo Mbeki and Nigerian President Olusegun Obasanjo -- have indicated they want Zimbabwe readmitted to the Commonwealth.

This has put them at odds with Mr Howard who wants sanctions tightened.

The issue is due to be discussed by Commonwealth leaders meeting in Nigeria in December.

Miss Clark today said it would "seem a little bizarre" for the suspension not to continue "when clearly things are not only no better in Zimbabwe, they are demonstrably even worse.

"The question is whether a way can be found for it to continue through to the Commonwealth Heads of Government Meeting (Chogm) between the 5th and 8th of December in Nigeria."

As chairman, Mr Howard could write to Commonwealth leaders suggesting the matter be referred to Chogm with no change in Zimbabwe's suspension at this point.

"The suspension has to carry on," she told reporters at her post-cabinet press conference.

"Our position's been that the suspension should have been more thorough than was able to be achieved last March and that in those circumstances, after a period of time if a country is not making any improvement and it's clearly in breach of the Commonwealth charter and principles, then it should be ejected."

The three leaders were to meet again after the 12-month period to determine if the regime of Zimbabwe's President Robert Mugabe had responded to a series of demands put forward by the Commonwealth.

Those talks, scheduled for next month, seem unlikely to take place.

Miss Clark said Nigeria and South Africa had "simply refused to meet" and Mr Howard had responsibilities as chairman to do something given that.

"He clearly feels that further action, further extension, is warranted and so he's likely to seek other opinion."

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Subject: Australian Story : ABC-TV


Just to let you know that there should be quite a good programme on ABC-TV
on Monday 24th about Australian farmers employing Zimbabweans ... there are
two families involved and it should be very good television.
Do let anyone you think might be interested, know about it.
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Please send any material for publication in the Open Letter Forum to
justice@telco.co.zw with "For Open Letter Forum" in the subject line.

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

Prelude text:

Today's open letter forum contains four letters, the first commenting on
Henry Olonga and Andy Flower's brave act. The second is a plea for
Zimbabwe. The third letter is directed at the CFU. The final letter is a
response to JAG's PR communiqué on the 13th of February concerning Obasanjo's
letter to Mr Howard.

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Letter 1: Eileen Dawson

Dear Sirs,

Henry and Andy have bowled this maiden over!  They said it right!  They
played it straight down the pitch - they played cricket!!  What a couple of
gentlemen -they are truly courageous.  They must not be penalised in any
way for saying what we all feel about our beloved country.  We brought
light to the dark continent, but unless there are more people who will
stand and be counted - the lights will go out over the whole of the
continent.

Bless them and all of us who know what it right and cricket!!!

Eileen Dawson plus fifteen members of my family

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Letter 2: Simon Spooner

Zimbabwe - Plea for Our Country

I am an ordinary Zimbabwean and I feel compelled to write to my
compatriots, not tomorrow nor the next day but now !!

I came to this beautiful country in the late '70's from a farming family in
Australia to find a land of real hope, one that was happy and prosperous
despite the conditions that prevailed at the time. It was everything I had
dreamed of and it wasn't long before I made a life long commitment. That
commitment is reinforced by events today.

What really impressed me, after I had arrived with a pack on my back,
walking over Beit Bridge, was the quality of it's people of all races,
their spirit, enterprise, work ethic, moral values and respect for their
fellow countrymen and the rule of law. It's beauty startled me, it's
sporting courage and proud tradition amazed me and I fell in love with the
country I now proudly call my home. The red ball sunsets, the cry of a fish
eagle, vistas of kopje, msasa in spring, the mopani veld all evoke emotion
every time I experience them. I am overwhelmed by what has been built in
little over a hundred years . I swell with pride when we, almost
incredibly, perform at the highest level on the world stage, be it the
Chelsea Flower Show, Cricket, Ballroom Dancing, Athletics, Tennis, Tobacco,
Football, Engineering, Textiles...I could go on forever.

I know and believe that Zimbabwe will prosper and re-establish it's
rightful position as the jewel of Africa, if not the world. It is up to us
to determine when that will happen. That is, all of us.

Remember, it is not our country that is to blame but simply the situation
that we have all allowed, in one way or another, to develop to the point
where we find ourselves today. Don't judge Zimbabwe unfairly ! Judge it as
it should be and will be when it is healed and back to good health (As you
would your friend) providing everything that you would ever want in terms
of quality of life and expectation. Zimbabwe has served us all so well and
it is simply a Rolls Royce being driven by a bunch of irresponsible,
unlicensed thugs.

It is up to us to be winners and not losers and strive for what is ours. We
will overcome our problems and realize the true extent to which our country
will benefit us all. The prize it too great to give up. We are at the edge
now and must keep pushing and the monument to evil will topple into the
abyss below where it belongs crushed never to arise again. To stop now
would mean giving away everything that we hold dear, giving up an exciting
future to be built on solid values where hard work, honesty and fighting
spirit is rewarded. To stop now would be tantamount to stripping the honour
from those before who fought for this country in so many different ways. It
would dishonour those that have died recently in the quest to secure a
future filled with aspirations that we all share - a future that will
penalize those that do wrong and protect those who uphold the system. We
must accept the challenge to succeed in what we feel so deeply about.

Don't give up on your country now!

Don't make hasty judgements at a time of absolute abnormality. It is not
the time to make a decision about one's future when thought is clouded by
emotion and negative thinking. Don't make a mistake that you will regret.
There will be a resolution. Bring it forward by making a stand for yourself
and those less able than you are - the elderly, the uneducated and
exploited, the poor, those brutalized by lawlessness, the children who are
our future. Don't abandoned your responsibilities. We can and WILL win !!
Zimbabwe has a rich and proud heritage. We are renowned for our fighting
spirit. Don't forsake it ! We must respect those that have built our land,
some of whom remain as senior citizens dependent on the commitment of
subsequent generations.

What are needed now are people of courage and determination, people who
uphold real principles for which they are prepared to fight. This is not an
endless vision but one that is clearly set ahead of us in the not too
distant future. We must dig deep and be resolute in our determination to
win and gladly accept the prize that awaits us. The prize that is each one
of us secure in the knowledge that the country we love will be expressing
openly the values, ideals and standards we uphold in every aspect of life.
There is light at the end of the tunnel and it is up to each and every one
of us to choose whether that light will beam strongly. We have a choice to
determine if that light is there or not and we have to believe it is if we
are to win this struggle, the most critical episode in our country's
history.

Neither I, nor my family, are going anywhere. I belong and, like others,
must solve the problems that we all helped create, largely through apathy
and lack of principle when it came to standing up for what is right and
condemning what was wrong. That's history. It is the future that counts now
and it is up to us, not "the others" to do our bit. Don't relent, don't
concede, don't wilt under pressure. We will win this battle, a battle of
wills, together.

Simon Spooner

---------------------------------------------------------------------------
Letter 3: Frank Urquhart.

Mr Cloete,

As a Zimbabwean (emigrated from RSA to Zim in 1967) who recently returned
to RSA (Dec 2001) I am disgusted in the incompetent leadership provided by
your organisation. I have always felt that the CFU has lacked the necessary
determination to confront a duplicit dictatorship. The way the initial
legal action against government was on/off/on/off/on/off showed the
despotic politicians that there was little unity amongst the CFU leadership
despite what its name suggests. I believe this initial lack of direction
helped precipitate the fall of commercial agriculture in Zimbabwe.

It would appear that nothing has changed and the CFU is as directionless as
ever. May I respectfully suggest you and your leadership do some
soul-searching and do the honourable thing. Fortunately we are not Japanese
so falling on a sword will not be expected from you ......merely your
resignation. If you think incompetent leaders should not be expected to
step down just look to the Government to see the problems reward for poor
performance generates.

Should you consider my recent departure from Zim disdainfully, and believe
that this disqualifies me from comment, please realize tolerance for the
chaos in Zimbabwe, the non existence of the Rule of Law and the lack of
future for the younger generation (my children) differs from family to
family. We made our choices, cut our losses, and made our decisions in good
conscience. You however have chosen to stay but over and above this have
accepted Office.Your Office requires of you effective leadership and
duplicity and complicity are not tributes required. Either CFU must face
its foe (those who wish to destroy commercial agriculture) or it should
accept it has failed in its mandate and disband.

Respectfully yours

Frank Urquhart.

---------------------------------------------------------------------------
Letter 4: C Frizell

Misinformed?

When heads of state tell outrageous lies, the usual reaction of the press
and ordinary citizens is to day that these people must have been
"misinformed." The implication is that if they knew the truth, they would
not have said what they did, being reasonable people and all that sort of
thing.

Wrong! These heads of state usually know far better than we do what the
real situation is, because their embassies gather information for their
mother countries. They are lying, pure and simple. Just as Mugabe was lying
when he said that the farm invasions (which he organised) were spontaneous.
I recall a few years ago that almost every crazy statement he made was
defended on the grounds that he was "misinformed" by those around him. It
may be hard to accept that Obasanjo and Mbeki are not "misinformed" but in
reality know exactly what is going on - and yet choose to tell deliberate
lies. But they are indeed telling deliberate lies, there's no getting away
from that fact.

---------------------------------------------------------------------------
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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To subscribe/unsubscribe: Please write to jag-list-admin@mango.zw
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JOB OPPORTUNITIES: Updated February 17, 2003

Please send any job opportunities for publication in this newsletter to:
JAG Job Opportunities <justice@telco.co.zw>

Accommodation listings are available on request at the JAG offices.

--------------------------------------------------------------------------
NATIONAL
--------------------------------------------------------------------------

HARARE - BOOKKEEPER
(ad inserted 13th Feb 03)
We have clients looking for a bookkeeper to assist in running the business.
Must be computer literate and able to use Pastel.  Will be required to keep
the books up to date as well as assist in producing management information.
A competitive package will be offered for the right person.
Contact Norman 369877 or pastel@ecoweb.co.zw

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

HARARE - BOOKKEEPER
(ad inserted 13th Feb 03)
We are looking for a book keeper type person for two months till the end of
March - needs computer experience (pastel is used but easy to pick up if
computer literate) to work from a house close to Highlands School - may be
able to take some work away - part time or full time is OK - salary to be
neg depending on time and experience.
Contact Lynda Scott 091 201 324 or 498705

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

HARARE - BOOKKEEPER
(ad inserted 13th Feb 03)
WANTED: FARM TRIAL BALANCE BOOKKEEPER, Needs to be computer literate and
based in Harare.
Pleasant environment at Fife Ave/10th Street - hassle free on site car
parking. Full time preferably, but part-time/flexi-time will be considered.
Negotiable salary based on experience.
Contact Norma Gordon
Tel. 04-704949/email norma@zimcor.co.zw

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

NEAR HARARE - FARM MANAGER
(ad inserted 6th Feb 03)
Farm Manager wanted for tobacco/paprika concern - fully irrigated -
starting ASAP.  Farm situated 1 hour from Harare.  Preference given to young,
experienced applicants single or married.
Package negotiable.
Please send CV to: boheke@zol.co.zw

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

 CREDIT-CONTROLLER
(ad inserted 6th Feb 03),
Bright Steel (Zimbabwe) Ltd requires a Credit Controller with a strong
accounting background to manage a large debtors portfolio.  Strong computer
skills in Microsoft packages essential and the ability to communicate
across the board.  Main accounting package is Sage but knowledge of at
least one accounting package is essential.  Main duties will include the
following:

1. All credit control functions
2. Product costing of imports.
3. Salaries for junior staff using Belina Computer System.
4. Computation of sales tax
5. Checking & capturing Goods Received Vouchers.
6. Preparing audit schedules.
7. Spreadsheets - excel.
8. Sage Computer System would be an advantage.
The above person to report to the Financial Controller and will have a
debtors clerk reporting directly to him/her from Bulawayo and a trainee.
Conditions:
1.  Competitive salary
2.  Pension scheme
3.  Profit Incentive Bonus Scheme (P.I.B.S.)
4.  Medical Aid paid in full
5.  Lunch provided
6.  Travel allowance
7.  Cell phone time paid.
Contact Brian Wilson
Phone: 754324. 091 400 588.

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

NEAR HARARE
(ad inserted 30th Jan 03)
Retired Farming couple required to live and work on a farm 60 km from
Harare. Husband to carry out Sourcing and Procurement of farm supplies as
well as run Stores and Arrange movements of farm Transport fleet. Wife to
Run Farm Store and Tuck shop. Usual farm perks are offered.
Contact 011 403 558 or 091 218 822 or email timjack@zol.co.zw.

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

HARARE
(ad inserted 30th Jan 03)
The following job is available in the Msasa area. Must be computer literate
and knowledge of Pastel 5.2 an added advantage. Must also have some working
experience with Debtors & Creditors.
Must be able to work Saturday mornings - Wednesday afternoons off.
Contact: Lindsay on 486715/7

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

HARARE - TRANSPORT MANAGER
(inserted 22nd Jan 03)
A leading private security contractor is seeking the services of a
mechanically minded Transport Manager to run a large workshop comprising of
both panel-beating and mechanical repairs of heavy and light diesel and
petrol motor vehicles and motor cycles. Applicants need not be qualified
motor mechanics but must have sound man-management and administrative
qualities.
Applications, including a current resume must be forwarded for the
attention of The Regional Manager
(Transport Manager Applications) P O Box ST 130 Southerton Harare.

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

HARARE - QUALIFIED PANEL-BEATER/ JOURNEYMAN
A leading private security contractor is seeking the services of a
qualified Panel-beater/Journeyman to run their panel-beating workshop.
Extensive knowledge in the application of 2K paints, accurate estimation of
damage, administration, man-management and general workshop floor practices
would be a distinct advantage. Applications, including a current resume
must be forwarded for the attention of The Regional Manager
(Panel-beater) P O Box ST 130 Southerton Harare

--------------------------------------------------------------------------
INTERNATIONAL
--------------------------------------------------------------------------

NEW ZEALAND.
Employment available as part of a Team, thinning and harvesting summer
fruit, apples and kiwifruit in the Hawkes Bay area of New Zealand, (North
Island, East coast).  The company, Labour Force, NZ, is expanding to fill
contracts.  Dormitory/Single/Married accommodation is available within easy
commuting distance.
For more information, email
labour.force@xtra.co.nz
Advice, assistance and support with settling in, will be given by local
branch of the Zimcare Trust, NZ, contact nztinker@globe.net.nz
Source: Kevin Tinker.

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

ZAMBIA
(ad inserted 6th Feb. 03)
The JAG Office received an enquiry from Mr George Mashinkila who owns some
farmland in Zambia. He wants to lease out his farm. If anyone is
interested,
they can get hold of him directly at e-mail George.Mashinkila@fao.org

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

BOTSWANA

PRIME CATTLE FARMS FOR SALE IN BOTSWANA
Cattle farming business in Ghanzi District, North-West Botswana for sale.
(The owners moving for kids schooling.)
Comprises 2 well-developed freehold farms, measuring 10 112,06 Morg (8
660 Ha) in total, 1050 head of cattle (cross Santa-Sussex), all necessary
farming equipment, lighting-plants, gensets, inverter equipment managers
residence, main farm residence, staff accommodation, workshops and
storerooms etc, etc
Walk-in / walk-out deal BWP4 500 000-00
(Approx US$ 775 000-00)
All serious offers will be considered.
Contact Mike on (267) 72290622 or e-mail airfield@it.bw

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

UKRAINE:
ad inserted 22nd Jan 03
We are an American company in the agriculture business in Ukraine for 6
years. Unlimited quality land, excellent weather, wonderful people!!!
Currently we are farming 4,000 HA and servicing over 13,000.We are looking
to expand farming to over 15,000 HA with quality partners/farmers. If
anyone is interested in the real last agriculture frontier, please contact
me.
Contact - Roman Fedorowycz
email: roman_omni@yahoo.com
telephone: 00380-44-491-5133

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

MALAWI - TOBACCO MANAGERS
Tobacco managers wanted in Malawi: 2003/4 seasons
100ha Flue cured
100ha Maize
African tobacco managers of Malawian extraction wanting to relocate with
costs paid and paper work facilities. Malawian Passport Holders will
obviously be given preference. Respond to JAG's email address and we will
forward.

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

For the latest listings of accommodation available for farmers, contact
justiceforagriculture@zol.co.zw (updated 17 February 2003)

---------------------------------------------------------------------------
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ZIMBABWE: US seeks apology over diplomat detention

JOHANNESBURG, 17 February (IRIN) - The United States has demanded an apology from Zimbabwe over the questioning and detention of one of its diplomats in Harare last Thursday.

State Department spokesman Richard Boucher said in statement that a US diplomat was detained and questioned for approximately one hour by authorities, calling the incident "a serious breach of Zimbabwe's obligations ... to protect diplomatic privileges and protections".

Boucher said that the incident took place after police broke up a gathering of Zimbabweans and diplomats wanting to attend a public meeting on the country's political and economic crisis.

He added: "We have called in the Zimbabwe ambassador in Washington to protest this incident and to demand an inquiry, explanation, and apology."

Boucher said it was the third time in a year that government officials or supporters had "detained, robbed, threatened or interfered with US diplomats performing official duties".

In November last year the US protested the mistreatment of two US embassy staff who were detained by pro-government supporters as they tried to inspect the conditions of farm workers outside Harare.

Since the March 2002 presidential election, relations between the two countries have soured. The US has imposed sanctions on leading ruling party members in protest over violations of human rights.

[ENDS]

IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11 447-5472
Email: IRIN-SA@irin.org.za

[This Item is Delivered to the "Africa-English" Service of the UN's IRIN
humanitarian information unit, but may not necessarily reflect the views
of the United Nations. For further information, free subscriptions, or
to change your keywords, contact e-mail: IRIN@ocha.unon.org or Web:
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ABC News Online

English umpires refuse to adjudicate in Zimbabwe

English umpires Peter Willey and Neil Mallender catapulted the Zimbabwe crisis back to the top of the World Cup agenda Monday when both men refused to travel to the strife-torn country to officiate in two matches.

Willey and Mallender, both former England Test players, carried out their threat that if the England team boycotted their scheduled World Cup match in Harare on February 13 on security grounds, then they would follow.

Willey was due to stand in two matches in Bulawayo - Zimbabwe's February 24 game against Australia and as third umpire for the home side's February 28 match with the Netherlands. Mallender was to be third umpire in the February 24 game.

"I advised the International Cricket Council (ICC) some time ago of my concerns and indicated that if my employer, the ECB (England and Wales Cricket Board), did not send its team to Zimbabwe, I would be unlikely to travel to the country," Willey said.

News of Willey's decision was greeted with anger in Harare, with Zimbabwe Cricket Union (ZCU) chief executive Vince Hogg livid at the latest row to hit his country which is still counting the multi-million dollar cost of England's cancelled game.

"Just what is the matter with these people?" Zimbabwe Cricket Union (ZCU) chief executive Vince Hogg asked AFP on Monday.

"I am at the hotel where all the teams stay. Security here and at both our grounds is extremely tight. Willey has absolutely no need to worry on that account, nor any one else."

India are currently in Harare where they will play Zimbabwe on Wednesday, needing a win to stay in the tournament.

A defeat will create further uproar back home where angry fans have already taken to the streets following the nine-wicket humiliation by Australia on Saturday.


Black armband protest

Meanwhile, Zimbabwe's World Cup players Andy Flower and Henry Olonga are set to continue their black armband protest against the regime of president Robert Mugabe when their team plays India.

The two men, who have kept their places in the team for the Group A game, escaped punishment last week from the ICC for their protest as well as for releasing a powerful statement, during the game against Namibia on February 10, condemning the conditions in the country.

The two players, widely applauded for their brave stand, were not available for comment on Monday but a team source told AFP that the protest goes on.

"I doubt whether they will change their minds," the source said.

The new Zimbabwe controversy served to deflect attention away from under-pressure South Africa skipper Shaun Pollock who spent Monday dodging the verbal bullets heading his way after his side's loss to New Zealand on Sunday.

The trouncing has cast doubts over their future in the event.

"Gloomy forecast" moped the front page of the Johannesburg Star. Business Day asked "Have SA kissed World Cup goodbye?", while The Citizen told its readers "SA's cup hopes dealt huge blow".

The air of despondency was caused by New Zealand's breathtaking nine-wicket win in Sunday's rain-affected game - South Africa's second defeat in three games.

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Zimbabwe journalists hit by harsh media laws

By Basildon Peta, Southern Africa Correspondent

18 February 2003 - UK Independent

Foreign correspondents in Zimbabwe are having to fulfil bizarre conditions before being given accreditation under President Robert Mugabe's draconian media laws.

Tafataona Mahoso, the chairman of a government- appointed media commission, wrote to journalists recently to say that before they could get licences, the correspondents must "demonstrate professional authority" based on academic knowledge, or "originality and having an acute sense of what is significant or profound in a situation or event".

Other criteria include the "publication of ground-breaking books, a long and consistent record of accuracy, integrity, diligence and respect for sources and readers" and proof that they are "first providers of the first draft of history ... not fly-by-night mercenaries". Mr Mahoso, a staunch Mugabe supporter, also said the correspondents must "demonstrate excellence consistent with the role of a national correspondent educating other nations about our nation".

At least 25 Zimbabwean journalists working in the private media have been denied accreditation because their newspapers have refused to register with the commission.

Luke Tambolenyoka, a spokesman for the Zimbabwe Union of Journalists, said the commission had refused to accredit journalists on The Daily News, Zimbabwe's only privately owned newspaper, and the Financial Gazette because the two publications, both critical of the government, had refused to register. The Daily News has challenged the requirements in court.

Mr Tambolenyoka also said five provincial newspapers had failed to raise the Z$500,000 (about £5,700) registration fee and had shut down.

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The Times - UK

February 18, 2003

Tsvangirai trial: a test of justice in Zimbabwe

The leader of the Movement for Democratic Change is appearing in court for treason. Our correspondent asks if the judiciary can demonstrate its independence
The trial of Morgan Tsvangirai, the Leader of the Opposition in Zimbabwe, began in predictable and inauspicious fashion when baton-wielding riot police blocked the way of the press, diplomats and opposition MPs to the Harare courtroom. “Is this the rule of law in Zimbabwe? It is a public court. What have you got to hide?” one of his supporters asked.

Is it possible for the Leader of the Opposition to receive a fair hearing? “I am not sure that the presence of the press will have anything to do with whether the trial is fair or not. That is down to whatever is left of the independence of the judiciary,” says Michael Gillespie, a former Zimbabwean judge who is now living in London.

The Tsvangirai trial will be a critical test for Zimbabwean justice. The President of the Movement for Democratic Change (MDC), the party’s secretary-general, Welshman Ncube, and its agriculture secretary, Renson Gasela, are all accused of plotting a coup d’etat and the assassination of President Robert Mugabe ahead of last March’s presidential election. If convicted they could face the death penalty.

Ashwin Trikamjee, a South African lawyer, has been following events in Zimbabwe for the International Bar Association (IBA). “There have been horrific stories of how Mugabe won last year’s election and how he used the State machinery to crush any opposition,” he says. “This is a chance for the judiciary to show if they are independent or if they are kept in Mugabe’s pocket.”

Trikamjee last visited the country with an IBA delegation in 2001. As he recalls, the rule of law was “breaking down and breaking down rapidly”.

“It’s pretty clear now that any judge who isn’t in the favour of the Government receives the ultimate sanction — and that is either you go or you are pushed out,” he says.

The forced resignation of Chief Justice Anthony Gubbay in April 2001 signalled a fresh phase of lawlessness. A compliant Supreme Court was necessary to implement Mugabe’s plans to seize white-owned farms.

Gubbay was an obstacle to this programme. In one caustic ruling over the legality of such land grabs, his court ruled: “Wicked things have been done and continue to be done. They must be stopped. Common law crimes have been and are being committed with impunity.”

His departure, amid intimidation and threats of violence, prompted a judicial exodus. It also provided an opportunity to rig the court with sympathetic judges, including the appointment of his long-time associate Godfrey Chidyausiku who now heads the Supreme Court. Only one judge in the Supreme Court, Wilson Sandura, remains from the Gubbay era.

It was at this time that Gillespie resigned from the High Court. “I felt that my independence was irretrievably compromised by the Government’s attitude towards the Bench,” he says. He opposed the selective prosecutions of people with political affiliations, the manipulation of court listing to stop independent judges hearing sensitive cases, as well as the “complete breakdown” of law and order. “I felt that by staying I gave an unwarranted air of credibility to a Bench that was in a state of collapse,” he says.

The legal system took another battering in the run-up to last year’s elections when Mugabe rushed through draconian legislation in the form of the Public Order and Security Act, giving sweeping powers of arrest and detention to the police, and the Access to Information and Protection of Privacy Act that imposes state licensing on all journalists. “This country came out of a period of repression under the Ian Smith regime and people then struggled for many years to achieve some of these rights and hence we now have the Bill of Rights,” says Sternford Moyo, the President of the Zimbabwe Law Society. “It is worrying that we appear to be witnessing some kind of resurrection of an era of oppression and a retreat from democracy.”

The most blatant illustration of the disdain in which the law is now held is the harassment of lawyers. Last year a mob of 150 war veterans stormed the Law Society in pursuit of a lawyer, Raymond Baretto, whom they eventually caught and beat up. There have been numerous other examples. Moyo was himself detained under the Public Order Act last year, along with the secretary of the Law Society, Wilbert Mapombere.

They were alleged to have written to British diplomats about imminent mass protests to force fresh presidential elections and, if found guilty, faced 20 years in prison. The charges were derided as trumped-up not least because of the nature of the incriminating documents, which contained basic grammatical errors. At the end of last month, Gabriel Shumba, a human rights lawyer, together with Job Sikhala, an MDC MP, were tortured in police custody.

They were beaten and wires were attached to their feet, genitals and tongues. Shumba was told as he was electrocuted: “This is the tongue you use to defend human rights.”

Despite the erosion of the rule of law and the brutal treatment of lawyers, there remains a belief that justice will be done in the Harare court this month. One former judge, who did not want to be identified, retains faith in his colleagues. “In spite of everything there is this culture of strict adherence to the law and due process,” he says. “It still remains and that has to be worth something.”

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