http://www.reuters.com
Feb 18 (Reuters) -
The European Union eased sanctions on Zimbabwe on Monday
to reward it for
political reforms and also agreed to lift sanctions on a
state-run Zimbabwe
diamond mining company if the country holds fair
elections.
The bloc
imposed the penalties in 2002 in protest against human rights
abuses and
violations of democracy under the rule of veteran leader
President Robert
Mugabe.
It reviews the sanctions annually and in recent years has eased
them to
encourage reforms being pursued by Zimbabwe's four-year-old
coalition
government, in which Mugabe shares power with his political rival,
Prime
Minister Morgan Tsvangirai.
EU foreign ministers meeting in
Brussels suspended a travel ban on six
unnamed members of the Zimbabwe
government and removed 21 unnamed people and
one company from the list of
those subject to travel bans and asset freezes.
The ministers hammered
out a compromise on whether to remove from the same
list state-run mining
firm the Zimbabwe Mining Development Corporation
(ZMDC), which operates five
diamond mines in Zimbabwe's rich Marange fields.
ZMDC will be removed
from the list within a month of elections being held in
Zimbabwe, provided
the polls are "peaceful, transparent (and) credible",
Belgian Foreign
Minister Didier Reynders told reporters.
Belgium, home to the world's
biggest diamond trading centre in Antwerp, had
pushed for ZMDC to be freed
from sanctions but countries such as Britain,
Zimbabwe's former colonial
ruler, had opposed its immediate removal from the
list.
http://www.swradioafrica.com/
By Alex
Bell
18 February 2013
21 members of Robert Mugabe’s regime have been
removed from the European
Union (EU) list of targeted ‘sanctions’, with the
European leadership bloc
facing criticism for putting its economic interests
ahead of human rights.
EU diplomats met in Brussels on Monday to decide
Zimbabwe’s sanctions
future, with the measures set to ‘expire’ on Wednesday.
Officials had
indicated that the EU would be lifting some measures to reward
Zimbabwe’s
‘progress’, as a result of the finalising of the constitution
reform
exercise. The EU said it “welcomes the breakthrough in the
constitution
making process as a significant step forward in implementing
the Global
Political Agreement.”
21 people, including Masvingo ‘war
vet’ Shuvai Mahofa, have now been removed
from the list, along with one
company named as Divine Home (Pvt) Ltd. Visa
bans on six government
ministers, including Tourism Minister Walter Mzembi
and Media Minister
Webster Shamu, have also been lifted.
The other ministers now free from
European travel bans are: Herbert Murerwa
(Lands), Sylvester Nguni (State in
the VP’s Office) Sithembiso Nyoni (Small
& Medium Enterprises) and
Francis Nhema (Environment).
The other individuals removed from the
‘sanctions’ list are: David
Parirenyatwa, Dani Rangwani, Richard Ruwodo,
Patrick Zhuwao, Isaac Mumba, S.
Mutsvunguma, John Nkomo, Michael Nyambuya,
C. Muchono, Isaac Mudenge,
Mudonhi Columbus, Mugariri Botwell, G Mashava,
Gilbert Moyo, S. Mpabanga,
Cephas Msipa, David Chapfika, TInaye Nzirasha,
Tongesai Chipanga, R Kwenda.
The decision by Europe comes after days of
speculation that the state-run
Zimbabwe Mining Development Corporation
(ZMDC) would also be removed from
the list, with Belgium leading the call
for the company to be allowed to
resume European trade. Belgium has since
been slammed for putting its own
interests before the human rights of
Zimbabwe, because such a move will
allow the Belgium diamond capital Antwerp
to trade in Chiadzwa diamonds from
Zimbabwe.
The ZMDC has not yet
been removed from the list, but there is more
speculation that this will
happen later this month. Reports over the
weekend, quoting European
‘diplomatic sources’, said that a deal had been
struck between Belgium and
the UK for the ZMDC to be removed from the
blacklist later this
month.
Farai Maguwu, the head of the Centre for Natural Resource
Governance in
Zimbabwe, said Monday that if Belgium’s call for the ZMDC to
be removed from
the list is heeded, it will cast the EU’s credibility into
doubt.
“The EU will then become part of the problem. There is lots of
research that
clearly shows that Zimbabwean diamonds are controlled by the
security forces
and are used by Mugabe to retain control. So trading in
Zimbabwe diamonds is
the same as trading with ZANU PF,” Maguwu
warned.
There still remain 91 individuals and 10 companies on the list,
although it
is becoming increasingly clear that Europe plans to drop the
measures
altogether after the completion of a ‘credible’
referendum.
Political analyst Clifford Mashiri told SW Radio Africa on
Monday that the
EU’s attempts to normalise the situation in Zimbabwe stems
from their own
economic interests.
“The EU is putting its economic
interests first and human rights in Zimbabwe
second. Nothing has changed to
warrant the measures being lifted, but the EU
wants to get involved in
Zimbabwe for economic gains,” Mashiri said.
http://www.iol.co.za/
February 18 2013 at 07:04pm
By
SAPA
Harare - President Robert Mugabe's ZANU-PF party dismissed as
“outrageous
and preposterous” the decision by European Union foreign
ministers Monday to
only lift some sanctions against
Zimbabwe.
“ZANU-PF will never accept any conditional removal of the
illegal sanction
or any self-serving initiatives meant to advance the
economic interests of
western nations,” party spokesman Rugare Gumbo said in
a statement.
“Lifting of the illegal sanctions must be unconditional and
total. We
believe that the current move to partially lift the illegal
sanctions is
intended to serve the interests of nations that want rough
diamonds from our
mines.”
The statement came after officials said EU
foreign ministers had lifted an
asset freeze and travel ban against 21
Zimbabweans out of 112 currently on
an EU blacklist and also struck one of
11 firms off the list.
The agreement comes 48 hours before the expiry of
sanctions against the
regime. It followed moves towards the adoption of a
new constitution for
Zimbabwe.
Gumbo said the partial lifting of
sanctions was a western ploy to divide his
party, adding that the sanctions
were illegal as they were not approved by
the UN.
He said his party
would continue to push for the total lifting of the
sanctions.
Zimbabwe last week announced it would hold a vote on a new
constitution next
month and elections in July. - Sapa-AFP
http://www.swradioafrica.com
By Violet
Gonda
18 February 2013
The National Constitutional Assembly (NCA) will
file an urgent High Court
Application on Tuesday seeking an extension of the
referendum date which is
set for March 16th, saying the public has not been
given time to read and
understand the complex draft constitution.
One
of the lawyers representing the NCA, Andrew Makoni, confirmed the papers
will be filed on Tuesday.
The pressure group said in a statement on
Monday that Zimbabweans would need
at least two months, and not 30 days, to
conduct civic education to analyse
the draft charter so that they can make
informed decisions on what they will
be voting for.
The NCA accuses
ZANU PF and the two MDC formations of fast tracking the
process, as a ploy
to deny Zimbabweans a chance to “scrutinise the flawed
and undemocratic
draft which they authored.”
Political activist and University of Zimbabwe
lecturer, Munyaradzi Gwisai,
also told SW Radio Africa: “There are no bread
and butter socio economic
rights for women, for students, for workers in
this constitution. It’s a
constitution for the rich and the
politicians.”
The draft charter was presented to Parliament on February
6th and it only
took the House of Assembly 24 hours to adopt and approve the
draft. This was
followed by a government gazette a week later, stating that
the referendum
will be held next month. The Global Political Agreement,
signed by all the
partners in government, says that “a Referendum must be
held “within three
months of the conclusion of the debate.”
Last week
President Robert Mugabe provided more proof that the draft charter
was not
crafted from views gathered during the outreach programme, but that
it was a
product of compromise between the political parties in the
inclusive
government.
Speaking at an annual general meeting for traditional chiefs
in Masvingo,
Mugabe said ZANU PF party may amend the new charter if they win
the
elections.
Gwisai called on every democrat to support the NCA
application for a NO vote
at the referendum saying: “COPAC and the
politicians have gone too far. They
lied to people that they will have a
people driven process involving the
people of Zimbabwe, but when it came to
the final draft they put their own
lawyers, and finally it was done by the
principals.”
“The politicians must respect the people. We don’t even have
the draft
constitution yet and yet we are only being given three
weeks.”
Meanwhile, COPAC embarked on a nationwide publicity campaign
Monday to
inform people and raise awareness on the contents of the proposed
legal
document.
The government said it is printing 90,000 copies of
the draft, including
70,000 in English and the rest in local languages. 500
copies will be
translated into Braille.
The NCA described the
government proclamation as ‘ridiculous’ and
meaningless as the government
says they will be distributing ‘100,000 copies
of the draft and yet Zimbabwe
has a population of more than 13 million
people.”
http://www.swradioafrica.com
By Tichaona
Sibanda
18 February 2013
President Robert Mugabe and Prime Minister
Morgan Tsvangirai met in Harare
on Monday to discuss, among other things, a
replacement for the chairperson
of the Zimbabwe Electoral Commission
(ZEC).
Citing health reasons Justice Simpson Mutambanengwe, the former
chair of
ZEC, resigned last week just months before the country holds
crucial
harmonized elections. Mutambanengwe, a London-trained lawyer, was
appointed
as ZEC chairperson on 31st March 2010.
A source close to
Mondays talks between Mugabe and Tsvangirai told SW Radio
Africa that the
other items on the leaders’ agenda were political violence,
media bias and
deferment of the referendum date from March 16th to the end
of
month.
The leaders are reportedly contemplating pushing the referendum
back to the
end of the month, because of lack of money to fund the
poll.
ZEC announced recently that they need as much as $88 million to
bankroll the
process but apparently no money has yet been found for the
process, despite
promises from the United Nations Development Program to
help raise the cash.
However, the main item on the agenda involved the
two leaders scrutinizing
the names of possible candidates to take over from
Mutambanengwe. The two
names that have been mentioned in political
discussions in the past days are
that of the former Supreme Court Judge
Wilson Sandura and Moses Chinhengo, a
former High Court Judge.
Also
discussed were the MDC-T’s complaints about the state media for its
relentless hate speech and partisan nature. It’s believed Tsvangirai
insisted during the meeting that media reforms are essential to ensure a
divergence of views ahead of elections.
United States based political
analyst Dr Maxwell Shumba told us the latest
crackdown on NGO’s was meant
stop their work on educating people on
elections in Zimbabwe.
‘It’s
all about intimidating these organizations to stop their voter
education
activities. These organizations stand for the people and without
them very
little gets to the common man in the rural areas,’ Shumba added.
http://www.thezimbabwean.co.uk
18.02.13
by Tarisai Jangara
The
Government of National Unity principals have appointed a new Chairperson
for
the Zimbabwe Electoral Commission board following the resignation of
Simpson
Mutambanengwe recently.
Mutambanengwe who was appointed as the ZEC
boss in 2010 resigned on 12
February owing to health
grounds.
Addressing a press conference today, Prime Minister Morgan
Tsvangirai
announced that the principals had selected a new Chairperson but
was not at
liberty to disclose the name.
“We met today as the GNU
principals and agreed on a name. I cannot give you
the name because the
candidate might not have received the information at
the moment,” he
said.
Tsvangirai called for the implementation of media reforms before
the holding
of elections which are expected anytime this year.
“We
need media reforms as part of the road map to free and fair elections.
Reforming the constrained broadcasting sector before holding elections is
the priority for us. We want the broadcast media laws to be reformed and
private players like community radios, commercial and other broadcast
players to be allowed to operate and give a diverse view of what is
happening in Zimbabwe,” he said.
Though two radio stations were
awarded licenses last year, Tsvangirai
dismissed them as
partisan.
“We cannot consider Star FM as an independent outlet because it
is an
extension of Zimpapers (which owns it) and Supa Mandiwanzira’s radio
station
as well because he declared his interests in Zanu (PF),” declared
Tsvangirai.
http://mg.co.za
18 FEB 2013 16:12 - AFP
Zimbabwe has begun to
distribute copies of a new draft constitution -- a key
reform ahead of
elections later this year.
But a citizen's group said police had
detained three activists meeting to
discuss the text, which is due to be
voted on next month.
"We are starting distribution today of 90 000 copies
of the draft
constitution in various languages as well as braille and audio
versions,"
said Jessie Majome on Monday, a spokesperson for the lawmakers
who wrote the
charter.
Police arrested three people at a meeting on
the constitution process in the
central town of Chegutu, according to the
head of a group promoting citizen
participation, the Centre for Community
Development in Zimbabwe (CCDZ).
"They were charged with organising and
holding an illegal meeting and they
are now being held at Kadoma police
station," CCDZ director Phillip Pasirayi
told Agence France Presse
(AFP).
Police could not immediately confirm the arrests.
The new
constitution is a key reform ahead of an election in July to end a
shaky
power-sharing government between veteran President Robert Mugabe and
Prime
Minister Morgan Tsvangirai.
Zimbabweans will vote on the charter, which
notably limits presidential
terms and reduces the president's power, on
March 16.
Monday's edition of the state-owned Herald newspaper carried a
pull-out copy
of the draft constitution. – AFP
http://www.dailynews.co.zw
By Chengetayi Zvauya, Parliamentary
Editor
Monday, 18 February 2013 11:43
HARARE - Constitution Select
Committee (Copac) has produced 70 000 copies of
the draft constitution to be
distributed in the 210 constituencies
countrywide.
The copies are to
be used by legislators during the public awareness
campaign countrywide, to
inform members of public on the contents of the
charter.
The number
of copies translates to the equation that one copy will be shared
by five
people who want to understand the charter.
Twenty thousand copies will be
in 10 vernacular languages (Shona, Ndebele,
Venda, Shangaan, Tonga, Nambya,
Chewa, Xhosa, Kalanga and Sotho) with other
500 copies printed into
braille.
The distribution of the copies will start on Monday February
18.
On Wednesday, legislators were each given 20 copies of the draft for
initial
distribution to their constituencies.
The committee will give
the draft to all government departments which
include Parliament, funding
partner’s, business community, religious groups
and many other
organisations.
It will also dish out the copies to non-governmental
organisations like
Nango to distribute the draft to its affiliate
members.
Copac will also liaise with provincial and district
administrators and seek
assistance in distributing the draft. In the rural
areas, chiefs would be
given copies to distribute to their
subjects.
The draft constitution was approved by Parliament last week and
will be
subjected to a referendum on March 16.
On Wednesday, all hell
broke loose at Rainbow Towers as legislators demanded
to be paid money to
participate in the last stage of Copac publicity
programme.
The
legislators caused the abrupt adjournment of the Copac public awareness
workshop on the draft as they said they were not prepared to undertake the
campaign without an agreement that they will be paid.
MDC MP for
Makoni West Webber Chinyadza posed the question to Copac
Chairperson Edward
Mkhosi who was briefing the MPs on the contents of the
draft and what to
tell the public about the charter during the awareness
campaign.
“We
did not hear whether we are going to get any resources for the publicity
programme, and what we are going to use for the programme, “said
Chinyadza.
Jessie Majome, Copac spokesperson who was answering the
questions on behalf
of Copac told the legislators that there were no funds
for the programme.
This caused uproar from the legislators, who started
shouting on top of
their voices and with some leaving the room.
In
2010 Copac engaged in a three month outreach programme where the MPs were
gathering views from the public to be captured in the draft constitution
countrywide with legislators being paid $100 per day for the
exercise.
The legislators are expecting the same amount of money for the
publicity
programme which will begin soon following the approval of the
draft by
Parliament before a referendum is held next month.
http://www.newzimbabwe.com/
17/02/2013 00:00:00
by Staff
Reporter
PRESIDENT Robert Mugabe has suggested that the new
constitution may be
amended should his Zanu PF party win elections expected
later this year.
The COPAC document is seet to be put to a national
referendum on March 16,
possibly concluding a process that had appeared on
the brink of collapse
over disagreements between parties to the coalition
government.
The MDC formations rejected several amendments proposed to
the COPAC draft
by Zanu PF which also refused to accept, among other things,
clauses
relating to devolution, dual citizenship as well as the powers of
the
Presidency.
The process was only rescued by a compromise deal
reached last month between
Mugabe and MDC leaders Morgan Tsvangirai,
Welshman Ncube and Arthur
Mutambara.
But Mugabe told traditional
leaders at a meeting in Masvingo over the
weekend that his party would
consider changes to the document should it win
fresh elections later this
year.
The chiefs have expressed concern over clauses in the draft
relating to land
and sought to meet Mugabe over the issue.
The Zanu PF
leader however, urged the chiefs to back the constitution during
next
month’s referendum to help facilitate new elections.
“We agreed on the
constitution, not all that we wanted came out. It was a
compromise,” Mugabe
said. “After the elections, we will amend the
constitution to fit in some of
your views, right now we must get rid of this
three-headed
creature.”
Mugabe is keen end the coalition government he formed with
Tsvangirai after
violent but inconclusive elections in 2008.
The two
leaders agree that the deal is no longer workable due to policy
differences
between their parties with Tsvangirai suggesting that fresh
elections may be
held in July.
http://www.dailynews.co.zw
By Fungai Kwaramba, Staff Writer
Monday, 18
February 2013 11:50
HARARE - War veterans resettled in Norton are engaged in
a bitter land
wrangle with the local chief, Claudius Mandaza Nyamweda, who
is pushing for
their eviction.
The war veterans, led by Willard
Zviripi, claim the chief has been taking
their farming and grazing lands on
the grounds that they are not descendants
of Mhondoro.
During the
chaotic land reform programme of 2000 hundreds of people led by
war veterans
grabbed prime farmlands from former commercial white farmers.
However,
there always has been friction between chiefs and the settlers.
So far 12
widows have been allegedly kicked out of their plots and homes at
Nyagori
Farm, which is on the outskirts of Norton, by chief Mandaza
notwithstanding
the fact that they have offer letters issued by government
in
2006.
“We have lost grazing land after the chief settled his own people
there, now
we are set to lose more of our land unless government intervenes
to save us
from the chief.
“This is indirect colonialism that is
coming from the chief. We do not hate
the chief but we hate the system. We
went to war to end segregation but now
it is back,” said
Zviripi.
Although a letter from the ministry of Local Government, Rural
and Urban
Development resolved that “Zviripi should continue with his
farming
activities without any disturbances” the chief has defied the
directive.
Repeated efforts to speak to Chief Nyamweda were
fruitless.
The land dispute has been raging for more than five years now
and war
veterans say their farming activities have been disrupted as they
cannot
plan.
Apart from seeking audience with the district
administrator, settlers at
Nyagori Farm have also petitioned President
Robert Mugabe, Peter Chanetsa,
the governor of Mashonaland West Province and
also various government
ministers.
The draft constitution which has
received a thumbs-up from both Zanu PF and
the two MDC formations and is
likely to sail through a referendum is set to
end the haggling over land
between chiefs and settlers across Zimbabwe.
Chiefs, who are accused by
civic society organisations of propping up Zanu
PF through coercing their
followers to vote for the former ruling party,
feel that the draft
constitution usurps their royal powers.
Clause 15.3 (2) of the Copac
draft states that: “Except as provided for in
Act of Parliament, traditional
leaders shall have no authority, control or
jurisdiction over land except
communal land or over persons outside communal
land unless the cause of the
action arose within the area of the traditional
leader’s jurisdiction
Mugabe’s critics allege that the land reform that
plunged the country into
hunger and drew international condemnation due to
its violent nature was a
political gimmick by the crafty Zanu PF leader who
was facing defeat in 2000
from a vibrant opposition MDC which is now part of
the coalition government.
http://uk.news.yahoo.com
Reuters – 1 hour 33 minutes
ago
HARARE (Reuters) - Destitute Zimbabwe plans to borrow from
local companies
to raise $100 million (64.6 million pounds) needed to hold a
referendum on a
new constitution, Prime Minister Morgan Tsvangirai said on
Monday.
The southern African country will vote in March on whether to adopt a
new
charter approved by parliament that seeks to curb sweeping presidential
powers while strengthening state institutions such as the cabinet,
parliament and judiciary.
Rivals Tsvangirai and veteran President Robert
Mugabe formed a power-sharing
government after a disputed 2008 election and
agreed to hold fresh polls
only after adopting a new
constitution.
Tsvangirai and one of his deputies in government, Arthur
Mutambara, said the
government wanted to borrow from firms, including mines
and banks, as well
as issuing Treasury bills.
"We have put in place a
mechanism to raise funds for the referendum,"
Tsvangirai told reporters at a
press conference.
Mutambara added: "We are saying to the private sector:
'This is your
country, political stability is in your best
interest.'"
Harare has a history of defaulting on its debt and has seen its
external
debt rise to more than $10 billion.
Zimbabwe's economy shrunk by
as much as 40 percent between 2000 and 2008 -
according to official figures
- a decline blamed on Mugabe's policies such
as the seizure of white-owned
farms.
Most foreign donors have withheld money, pressing for political and
economic
reforms.
Finance Minister Tendai Biti has already approached the
United Nations to
help raise money for general elections, which by law are
due when the
current presidential and parliamentary terms expire at the end
of June.
Tsvangirai said the United Nations had a team in the country to
discuss the
request.
http://www.swradioafrica.com/
By Tichaona
Sibanda
18 February 2013
ZANU PF’s indigenisation minister, Saviour
Kasukuwere, is once again in an
unwanted spotlight.
The Mount Darwin
South MP faces questions on how a company, allegedly owned
by a close
friend, managed to win multi-million dollar financial consultancy
contracts,
without going to tender.
The consultancy involves Brainworks Capital
Investment, founded by former
investment banker George Manyere.
The
Daily News newspaper reported last week that the company was verbally
appointed as financial consultant of several indigenization deals, including
the $971 million deal with Zimbabwe Platinum Mines Limited (Zimplats), and
one for $550 million with Mimosa mining
According to the paper,
Brainworks was awarded the contract by the National
Indigenization and
Economic Empowerment Board (Nieeb) and Kasukuwere’s
ministry. The process
flouted government procedure on tenders.
Any government transaction above
$300,000 has to go to tender but the Daily
News alleges that Brainworks
Capital was awarded the multi-million dollar
tender verbally.
The
deal has apparently cause fissures in the former ruling party. Didymus
Mutasa, the party’s secretary for administration, while professing ignorance
on how the empowerment deals are structured, promised that any corrupt
elements within their ranks would be “grassed” to the
police.
‘Corruption is not accepted in ZANU PF. The President has said no
to that
and we stand by that. People who live in glass houses should not
throw
stones, but they should not expect us not to throw them if there are
corrupt.
‘If we find any corrupt elements, we will throw them to the
police and let
the law take its course,’ said Mutasa in an interview with
the Daily News on
Sunday.
Prime Minister Morgan Tsvangirai waded into
the row on Monday when he
disclosed that he was concerned about the
possibility of a few individuals
benefitting from a programme meant for the
majority of the Zimbabweans.
In a statement the premier said he was
concerned with reports that some
relevant government organs were kept in the
dark about the full nature of
some of these transactions. Tsvangirai called
upon Parliament to probe the
deal.
‘Only a proper investigation will
expose the truth about what happened and
whether or not the State and the
people of Zimbabwe were prejudiced in any
way and whether all procedures and
statutes were followed.
A good number of Zimbabweans have for some time
been questioning the
sincerity of this programme as a broad-based
empowerment programme designed
to benefit the majority,’ the premier
added.
Economic analyst and business lawyer Bekithemba Mhlanga told SW
Radio Africa
that the problem with the share transfer scheme is that all the
deals are
shrouded in secrecy.
‘There will always be speculation
because not all the information is readily
available. The common man on the
street will not be interested in terms of
the financial complexities of the
model of the share structure.
‘What that person wants to see is the share
structure benefitting everybody
and not only the elite,’ Mhlanga said.
http://www.swradioafrica.com
By Nomalanga
Moyo
18 February 2013
Two people arrested for holding a voter
awareness meeting in Chegutu have
been released on bail after spending the
weekend in custody.
The two were arrested along with Reverend Deve, an
elderly leader at the
Church of Christ. He was released without charge on
Friday.
George Makoni and Gift Konjana were accosted by plainclothes
police officers
soon after the meeting held at the Church of Christ in
Chegutu on February
15th.
The Centre for Community Development in
Zimbabwe, organisers of the meeting,
said the meeting was an education
exercise to encourage Zimbabweans to
register to vote in the forthcoming
constitutional referendum and the
general election.
According to
Phillip Pasirayi, the group’s national coordinator, Makoni and
Konjana are
accused of holding an illegal meeting and are being charged
under the
notorious Public Order and Security Act, which prohibits political
gatherings without police clearance.
However Pasirayi said the
meeting, which is part of a series, was neither
political nor subversive and
slammed this latest crackdown on civil society
by the state.
He said:
“We are not lobbying for a ‘yes’ or ‘no’ vote in the referendum but
simply
sensitising people about the contents of the draft. It is up to
Zimbabweans
to either embrace or reject the new constitution.”
Pasirayi also
condemned the three parties in the GNU, saying their attitude
seemed to
suggest they thought they were the only ones who should be
engaging
Zimbabweans on the constitutional process.
“Looking at the prevailing
environment, we seem to be heading towards an
unfree and unfair election,
where civil society is not able to meet and
discuss issues of national
importance, as demonstrated by the meeting in
Chegutu.”
Makoni and
Konjana are being represented by Jeremiah Bamu, of the Zimbabwe
Lawyers for
Human Rights, and are expected back in court on March 15th.
Prime
Minister Tsvangirai’s MDC-T party continues to condemn the ongoing
attacks
on civil society. The party has called for the security laws to be
repealed
ahead of the polls. An official in the Prime Minister’s office said
the
issue was expected to form part of the agenda during the Principals’
meeting
held Monday.
http://www.swradioafrica.com/
Posted by Alex Bell on
Monday, February 18, 2013 in Judiciary, Zimbabwe
politics | 0
comments
ZimRights’ Leo Chamahwinya was granted US$1,000 bail on
Monday
By Alex Bell
18 February 2013
The deputy programs manager
for the Zimbabwe Human Rights Association
(ZimRights) has been released on
bail, two months after his arrest and
detention.
ZimRights’ Leo
Chamahwinya was granted US$1,000 bail on Monday, with
reporting
conditions.
He was arrested during a police raid on the group’s offices
in early
December last year, on allegations that he was involved in ‘illegal
voter
registration’. He was then charged with ‘conspiracy to commit
fraud’.
Three other individuals were also arrested in December and
charged in the
same case. The other three, Dorcas Shereni, Tanaka Chinaka
and Farai Bhani,
were all accused of forgery, fraud and publishing ‘false
statements’. The
state has alleged that the group forged voter registration
certificates “to
tarnish the name of the Registrar General.”
Shereni
was released two weeks ago.
ZimRights chief Okay Machisa was also
arrested last month as part of the
same case, while the organisation itself
has been charged as an entity.
Machisa was bailed after more than a week in
custody.
The clampdown on human rights groups has been intensifying in
recent weeks,
and last week the offices of the Zimbabwe Peace Project were
raided by
Harare police. Computers, files and other items were confiscated
during the
raid.
http://www.thezimbabwemail.com/
Staff Reporter 21 hours 48
minutes ago
MUTARE - Crisis deepened in Zanu PF's Manicaland
Province as youths from
eight political districts in the Province have
called for the dissolution of
the provincial executive alleging most of the
members are involved in
corrupt activities some of which have led to the
suspension of Provincial
Chairman, Mike Madiro.
The youths say the entire
provincial executive should be relieved of its
duties, alleging that every
provincial member was involved in corrupt
activities.
They are
calling for the establishment of a new provincial executive to run
the
affairs of the party.
The youths, who demonstrated with police escot to
the provincial leadership
during the Zanu PF Manicaland Province
Extra-Ordinary Coordination Committee
meeting, said a new interim provincial
executive should be put in place if
the revolutionary party is serious about
winning back most of the seats in
the coming harmonised elections.
Zanu
PF faction led by Defence minister, Emmerson Mnangagwa fears he may be
the
target of a suspected factional crackdown that led to the suspension of
the
Mike Madiro-led executive over alleged embezzlement of over $700 000.
Top
Zanu PF insiders have said there are mounting fears that a process of
“freezing out” the Mnangagwa faction is starting in the wake of a damning
report into financial malpractices arising from cash allegedly collected
from diamond mining firms in Chiadzwa.
The youths alleged that the
same people who masterminded chaos during the
District Coordinating
Committee (DCC) elections before their disbandment
were already causing
confusion within the party.
Some called on the police to widen their net
and arrest all those who are
linked to corrupt activities.
Others
said some of the provincial members were now personalising the party
at the
expense of the people.
The youths were later addressed by the party’s
Secretary for Administration,
Didymus Mutasa who promised them that the
party will look into their
concerns.
In an interview with the State
media, Mutasa said the youths had their
concerns, but noted that the issues
were yet to be forwarded to the
executive.
Mutasa called for unity in
Manicaland Province, adding that party cadres
should work hard and retain at
least three quarters of the seats in the
coming harmonised
elections.
Zanu PF Manicaland Provincial Chairman, Mike Madiro was
suspended together
with five other members from the party following
allegations of corruption.
Didymus Mutasa, said to be sympathetic to the
Joice Mujuru faction, served
suspension letters on Madiro — a key Mnangagwa
loyalist -— together with
youth provincial chairperson Tawanda Mukodza,
youth provincial secretary for
administration Mubuso Chinguno, youth
provincial secretary for security
Admire Mahachi and Clever
Mparutsa.
All the officials were suspended from carrying any duties or
activities in
the name of the party.
“This is in light of the current
investigations being conducted by the ZRP
into allegations of fraud,
corruption, theft, embezzlement, or dishonesty
that have been levelled
against you,” their letter of suspension said.
“By copy of this letter,
therefore, you are hereby suspended with immediate
effect without prejudice
to any due processes that may ensue in line with
the constitution of the
party.”
The attempt to sideline Mnangagwa loyalists over corruption
allegations will
undermine his campaign that has been running for the past
four years to win
public support for his position as Mugabe’s heir
apparent.
The strategy has been largely successful, showing growing
backing for him to
take over from Mugabe.
The Mnangagwa faction has
been uneasy for some time that their influence
could be diminished from
corruption charges, which are now being handled by
the police.
Mutasa
said the suspensions were based on the police probe.
Ironically,
investigations into the Manicaland diamond saga were reportedly
initiated by
Mujuru when she was the acting president during Mugabe’s annual
vacation in
December.
Such worries came remarkably to the fore last week, when
charges against the
Manicaland executive were pursued even though affidavits
deposed by diamond
mining executives suggested that no cash exchanged
hands.
Given that the matter was brought to the attention of the police
by Mutasa,
who in turn alerted Mujuru, the Mnangagwa faction thinks this is
just the
start of a process that could be aimed at freezing the
Chirimhanzu-Zibagwe
legislator’s succession bid.
The faction’s
concerns are growing after the ousting of the Madiro
executive —which now
faces criminal prosecution.
Madiro has been one of Mnangagwa’s staunchest
supporters because he helped
co-ordinate many schemes in the faction, having
served as financial director
of the party at one point.
Faction
loyalists feel that the diamonds cash scandal was a distraction,
overshadowing the Mnangagwa faction’s work, including constructing the first
conference centre for the party outside Harare.
“It’s pretty obvious
that the political knives are out for Ngwena
(Mnangagwa),” said a Mnangagwa
faction member who is also a Zanu PF
consultative assembly
member.
Like other aides spoken to, he also declined to be named. He
claimed the
suspensions were a way to wield “political knives” to attack
Mnangagwa’s bid
to succeed Mugabe, expressing disappointment that affidavits
from diamond
executives clearly stating that no cash exchanged hands were
ignored.
“There is no credible evidence, all the diamond companies have
said they did
not give them any money, isn’t that right?” said a politburo
member loyal to
the Ngwena faction.
“We know their plan to suspend
the suspension after the elections.
“All of the evidence confronts them,
frankly ... we just did not see enough
time spent on discussing those
issues. They just wanted to suspend them.”
A former Zanu PF provincial
chairperson warned that it was such “injustices”
that catalysed the
so-called bhora musango strategy.
“The guys who have been loyal to Madiro
can clearly see this is
victimisation. Do you expect such people to campaign
for the party? We are
shooting ourselves in the foot here.”
Mnangagwa
was unreachable yesterday.
None of the faction’s top officials have
abandoned him, meaning Mujuru
faction’s loyalists would have to resort to
procedural tactics to try to
nail him.
A distraught Madiro, who was
suspended from Zanu PF for five years from 2005
but bounced back as
chairperson, has pleaded his innocence, saying he is at
loss of words why he
has been singled out for vindictive treatment.
http://www.dailynews.co.zw
By Fungai Kwaramba, Staff Writer
Monday, 18
February 2013 12:30
HARARE - Zanu PF suspected Chipangano leader Jim Kunaka,
has elbowed
politburo member Tendai Savanhu from the Mbare Constituency
where the former
ruling party is already sensing victory.
Zanu PF has
rolled out a plot, not only in Mbare but, in all urban settings
across the
country, where party functionaries are forcing people to register
and
subsequently buy the party’s membership cards.
In Mbare, Chipangano which
controls lucrative market stalls and other
business conduits is wooing
potential voters, not resident in the old
suburb, by doling out
stalls.
Insiders told the Daily News that Kunaka, whose influence
stretches in the
teeming location has now grown bigger than Savanhu, the
alleged sponsor of
the vigilante outfit which has been terrorising citizens
with impunity for
the past five years.
Savanhu, an ex-Zanu PF MP, has
tried in vain to wrestle the seat from the
MDC since 2000.
In the
2008 harmonised elections Savanhu lost the elections to mainstream
MDC’s
Piniel Denga.
But Kunaka says he is the real game changer since he has
been able to cover
the whole constituency and “would not refuse a nomination
from the people to
stand as an MP come elections”.
“We have covered
ground in Mbare and we expect to get back the seat. Our
structures are now
intact as compared to 2008. We are not talking about
things on paper, but a
real head count will show you that we have the masses
to win the
constituency.
“If people who are in our structures go and vote then we
will win the
elections,” said Kunaka, a former general hand for the city of
Harare.
Savanhu is among the first heavyweights who are facing a stiff
challenge
from so-called young Turks.
Notwithstanding the fact that
Savanhu has invested so much in the
constituency, he has been a periodic
loser in successive elections since
2008 and has failed to dislodge the MDC
stronghold.
However, Kunaka says he has the keys to get Mbare for Zanu
PF.
“I am not going to impose myself on the people but will let them
speak on
their own. Let them choose and I will stand for the people,” said
Kunaka.
Asked about the fate of Savanhu, Kunaka said: “Mbare has two
constituencies
and we are fully behind him. We are going to give him the
other side,” said
Kunaka.
Mbare Constituency covers areas that
include Magaba, Jo’burg Lines,
Matererini Flats, Matapi Flats, Chishawasha
Flats, Mbare Flats, Nenyere
Flats, and the main bus terminus up to Rufaro
Stadium.
Kunaka is eyeing Mbare Constituency and says Savanhu can take
Southerton
Constituency which is in the hands of deputy minister of Mines
and Mineral
Development, MDC’s Gift Chimanikire.
There is a dog eat
dog in the ex-majority party with the politburo yet to
announce dates for
primary elections, amid fears that the party that is
riddled with factions
would disintegrate ahead of crucial elections if
heavyweights lose to
so-called young Turks.
Zanu PF spokesperson, Rugare Gumbo, told the State
media last week that the
politburo, the party’s highest decision body
outside Congress, would discuss
dates for primary elections.
While
the MDC has already received names for potential candidates going
towards
synchronised polls Mugabe’s party says the party’s primaries will be
held
after a referendum that is pencilled for March 16.
http://www.newzimbabwe.com/
18/02/2013 00:00:00
by
Staff Reporter
POLICE have cordoned off a GRAVEYARD in the
Jambezi area of Hwange following
the discovery of what are believed to be
significant gold deposits.
A gold panner from Gweru attending a burial in
Mlonga Village 17 under Chief
Shana is said to have stunned mourners by
taking away a sample of soil dug
up during the preparation of a
grave.
Later in the night, villagers were alerted to some unusual
activity at the
graveyard only to find the unidentified Gweru mourner
digging away.
Mines Minister Obert Mpofu said on Monday: “I can confirm
that suspected
gold deposits could have been found in Mlonga area in Jambezi
area. We are
working closely with Chief Shana and the local leadership so
that if
confirmed, the resource benefits the locals.
“Right now, our
officials are working on the samples they got from the area
to ascertain
whether there is indeed gold. If it is there, we will be very
happy, happy
for the community and happy for the country.”
Villager Mark Sibanda, who
was one of the men who apprehended the panner,
said: “It was at a funeral
wake when we were burying a fellow villager that
the gold panner shocked us
all when he took some of the soil.
“Everyone was shocked and started
wondering why he had taken the soil.
Unbeknown to us, he had seen that the
area could be having gold.”
After an alert was sounded about a strange
light at the grave site, Sibanda
and others went to investigate.
“It was
that visitor, who was digging for gold. We apprehended him and took
him to
the police and from there, people were now interested in panning, but
the
area was quickly condoned off by the police.
“So we are just waiting,
hoping that we get the first preference to mine the
gold.”
Matabeleland North and South are mineral rich, with gold
deposits spread
across the two provinces.
http://www.israelidiamond.co.il/
18.02.13, 12:24 /
World
The official heading Zimbabwe's government-owned
mining firm insists that
there is nothing improper about the country's
military being involved in
diamond mining operations, Rough and Polished
reports. Zimbabwe Mining
Development Corporation chair Godwills Masimirembwa
denied that the army's
participation in diamond mine operations in the
Marange region of the
country was in breach of ethics.
Masimirembwa
confidently maintained that the army of Zimbabwe reserves the
right to
engage in any economic activity it wishes. The ZMDC chief noted
that the
American military has close ties with weapons manufacturers and is
linked to
other economic activities, thus implying that such activities are
legitimate.
Masimirembwa further stated that the relative peace that
presides in the
country is a consequence of the army's free hand, and that
its economic
activities fund its security and peace-keeping functions,
according to Rough
and Polished.
Critics claim that some of the army's
diamond trade profits are used for
explicitly political purposes, such as
support for President Robert Mugabe.
http://www.thezimbabwean.co.uk/
18.02.13
by Edgar
Gweshe
A recent report by Heal Zimbabwe Trust has revealed a tense
political
atmosphere characterised by political intimidation and harassment
in four of
the country's provinces namely Mashonaland Central, Masvingo,
Mashonaland
East and Manicaland.
The report, released on 10 February
identifies Zanu (PF) as the culprit.
Heal Zimbabwe Trust is a
non-governmental organisation which aims to build
national cohesion and
promote tolerance and peaceful co-existence in local
communities.
The
report says that in Guruve North, Mashonaland Central, the political
atmosphere is tense as the country braces for harmonised elections scheduled
for this year.
"It has been reported that ZANU PF youths on 26
January went on a rampage
forcing people to attend a meeting at Bvochora
Business Center in Guruve
North, Ward 6.
"The meeting was convened by
a war veteran only identified as Mondo who
addressed the meeting threatening
people with violence if they do not vote
for ZANU PF in the upcoming
elections," reads the report.
The report alleges that Mondo went on to
threaten Nomatter Dzveta, an MDC
aspiring councillor in Ward 6 "with
unspecified action if he ever contests
in the scheduled
elections".
"The same war veteran Mr. Mondo went ahead on the same day to
hold another
meeting in ward 19 and again threatened the villagers with
unspecified
action if ever they vote for any other political party which is
not ZANU PF
in the imminent elections.
"Both incidences were reported
to JOMIC which promised to meet
representatives of all political parties in
Guruve North to discuss the
issue," reads the report.
MDC-T
Information and Publicity Secretary for Mashonaland Central, Isaac
Mupinyuri
confirmed that Mondo was terrorizing villagers in Guruve North.
"He has
for the past weeks been moving around terrorising villagers deemed
to be
anti-Zanu (PF). He moves around in a Zanu (PF) vehicle and he is
trying to
make life difficult for our supporters so we are going to report
the case to
the police," said Mupinyuri.
Crisis in Zimbabwe Coalition Programmes
Manager, Nixon Nyikadzino said they
had recorded cases of political
victimisation and partisan distribution of
food aid and agricultural
implements in various parts of the country.
"Generally, there are two
issues taking place. There is increasing tensions
around distribution of
agricultural implements and food aid along partisan
lines. Also, people
deemed to be from the MDC-T are being victimized and
most of the cases are
being perpetrated by Zanu (PF) activists.
"We have recorded more cases
especially in Hurungwe and there is a
likelihood of these cases increasing
especially as we head towards
elections," said Nyikadzino.
Crisis in
Zimbabwe Coalition is a conglomeration of about 350
non-governmental
organisations in Zimbabwe formed in 2001 in response to the
multi-faceted
crisis in Zimbabwe.
The Heal Zimbabwe Trust report revealed that there
are cases of unfair
distribution of food aid in Ward 4, Negomo village,
Guruve North.
The report revealed that only Zanu (PF) supporters were
benefiting from food
aid in the area. Mupinyuri confirmed the
report.
" In Mbire two weeks ago, there were clashes over the
distribution of rice
after people from the MDC-T had been told that the rice
was meant for Zanu
(PF) supporters only. Zanu (PF) is using this as a tactic
to punish people
for supporting the MDC-T," said Mupinyuri.
Added the
report: "There are reports of intimidation and harassment in
Maungaunga
Village Ward 2, in Muzarabani. It is alleged that ZANU PF
officials are
subjecting potential voters into a vetting exercise where only
those
carrying ZANU PF party cards are allowed to register and vote.
"The
illegal vetting exercise is happening at a mobile office situated at
Hoya
clinic. All those failing to produce the party cards are being turned
away."
The report alleges that a retired soldier identified as
Hamunyari
Kamusengezi has set up a base at Muzarabani Community Hall where
he is
harassing and intimidating anyone he suspects to be new in the
area.
" It is alleged that the soldier set up the base to restrict new
people from
gaining access to Muzarabani district especially now as the
country heads
for elections claiming that the visitors negatively influence
the
electorate," said the report.
The report claims that ZANU PF
supporters have introduced night vigils in
Kairezi village in
Muzarabani
"The night vigils were launched on Saturday 9 February in Ward
23 at a
homestead belonging to Mr. Kasuwa, an MDC supporter. The ZANU PF
group was
led by the Ward 23 councillor, Mr. Amon Mavedzenge and a group of
youths who
spent the whole night singing intimidating songs.
"They
forcefully entered the victim's homestead, confiscated his groceries
and
destroyed all his crops and only left in the morning after threatening
him
with death if he does not surrender his party affiliation before the
next
elections," reads the report.
In Mudzi North, Mashonaland East Province,
the report said that there is a
resurgence of political bases in Ward 2 in
Mukota village.
" Reports are that ZANU PF youths are meeting every
Friday for night vigils
from 6pm- 6am at Chimbodza Primary
School.
"It is alleged that after the vigil, the youths go around growth
points
victimising villagers and threatening business owners with
unspecified
action if ZANU PF does not win the forthcoming elections," reads
the report.
In Mudzi North, Ward 9, the report said that a Ward
Councillor, Alois
Kambambaira and village head, identified as Chatima are
allegedly conducting
an illegal voter registration exercise on behalf of
Zanu (PF).
"It is alleged that the Ward Councillor, Mr. Aloise
Kambambaira and the
village head, Mr. Chatima, have been moving around
villages collecting names
and identification particulars of unregistered
voters and bringing back
slips to show that they are now registered voters,"
reads the report.
MDC-T Provincial Chairperson for Mashonaland East
Province, Piniel Denga
confirmed reports of illegal voter
registration.
"Zanu (PF) is using village heads who are going around
villages compiling
names of people above 18 as well as their National
Identification numbers
and handing them over to the District Administrator's
offices for
registration as voters," said Denga.
In Chiredzi,
Masvingo Province, the report said: "It has been reported that
a soldier
from the 4 Brigade identified as Mr. Jeremiah Masiya is
terrorising people
in ward 4, Chiredzi East threatening MDC supporters with
a repeat of the
2008 political violence if they do not vote for ZANU PF in
the elections
expected this year."
Community Tolerance, Reconciliation and Development
Programmes Manager,
Zivanai Muzorodzi said the talk of elections as well as
the referendum had
heightened political tensions in some parts of Masvingo
Province.
"Some areas, for example Chiredzi have recorded an increase in
the number of
cases of politically motivated violence especially as the
country heads for
elections and a referendum.
"Some people are
denouncing the COPAC draft, for example traditional leaders
who feel their
powers were trimmed while others are in support of it and
this has created
tensions among the people," said Muzorodzi.
COTRAD is a Masvingo based
non-governmental organisation which monitors
human rights violations in
Masvingo.
In Buhera which falls under Manicaland Province, the report
revealed that a
war veteran identified as Zinzombe "convened a meeting on
the 9th of
February and addressed those present highlighting that they
should all vote
for ZANU PF, failure to do so will result in war in the
country"
Added the report: "The man went on to undress and showed the
people present
scars he allegedly sustained during the liberation
struggle."
The Heal Zimbabwe Trust report alleges that in Headlands,
Manicaland
province, police are working in cahoots with Zanu (PF) to disrupt
MDC-T
meetings.
"It has been reported that on Thursday, 7 February,
police in riot gear
disrupted an MDC Ward Executive meeting at Era Shopping
Center, Inyati Mine,
Ward 8 in Headlands and arrested Kingston
Chitauro.
Chitauro was detained for four days and only granted bail on
Monday 11
February and he will be back to court on the 2nd of
March.
Ironically, ZANU PF held two rallies at the same venue on Tuesday,
5
February and Sunday, 10 February led by Mr. Dickson Hwecha without any
disruptions from the police," reads the report.
CONSTITUTION WATCH
5/2013
[18th February
2013]
Referendum and the Draft Constitution [Part
I]
The draft new constitution that will be
put to a Referendum was gazetted on 15th February.
The
draft, together with COPAC’s report, was presented to Parliament on 6th February
in accordance with COPAC’s obligation under article 6.1(a)(v) of the Global
Political Agreement [GPA] to “report to
Parliament on its recommendations over the content of a New Constitution for
Zimbabwe”. The proceedings in
Parliament were concluded on 7th February, with both Houses having accepted both
the report and the recommended draft constitution.
This paved the way for the next stage in
the constitution-making
process: the holding of the Referendum at which voters
will decide whether or not the draft constitution should be adopted as the new
Constitution of Zimbabwe.
Shock Decision to Proclaim Referendum
on 16th March
The
surprise decision to have the Referendum on 16th March was announced by the Minister of
Constitutional and Parliamentary Affairs on 13th February. The confirmation of this date by a
proclamation, signed by President Mugabe on 14th and gazetted on 15th March, has
left many Zimbabweans reeling in shock and disbelief.
[Full text of Proclamation
below]
Article 6.1.(c)(xiii) of the GPA lays
down that a Referendum must be held “within three months of the conclusion of
the debate”. This clearly indicates
that there must be adequate time for the people to study and consider the draft
before answering the momentous question whether or not they want the draft
constitution to replace the present constitution. It is essential that voters have a sufficient
period within which to make an informed decision on whether to vote Yes or No
or, perhaps, to abstain. And to make an
informed decision, voters will need to have access to the draft in a language
they understand and time to study it and to listen, not only to COPAC’S planned
explanation of the draft, but also to the views of civil society organisations
and all political parties, especially those left out of the constitution
making-process.
Too little time for
the people to study the draft for the new Constitution of Zimbabwe, on which
they have to vote in the Referendum, gives rise to the risk that the Referendum
result will not be accepted as a genuine reflection of the people’s wishes, but
rather dismissed as the result of obedient masses rubber-stamping the
instructions of political demagogues.
Why the 16th March is Totally
Unreasonable
Many factors justify
the complaint that the 16th March is much too early to hold the Referendum. They can be summed up
as:
·
Referendums Act and regulations need
to be aligned to the amended Electoral Act
·
ZEC have
said they need at least two months’ notice to organise the Referendum
properly. ZEC is still without a
Chairperson, and the finance for the Referendum has not been made
available.
·
The people will not
have enough time to learn about the draft constitution before voting on it –
which runs counter to all the politicians’ fine talk about respecting and
empowering the people and promoting a culture of
constitutionalism
·
Civil society, on
whom much of the burden of informing and educating the people rests [as COPAC and Ministry of Constitutional and
Parliamentary Affairs plans to inform the people are not only not adequate but driven by party
political and not a national agenda] are outraged at the short notice – they
need more time to be able fulfil their obligations to their constituencies as
they would wish to.
Note:
These points will be expanded on in Part II.
Timing Could Still be
Changed
There
is no legal obstacle to changing the date to allow a more reasonable
length of time for people to consider the draft and how to cast their vote. All that is needed is an amending
Proclamation [section 21 of the
Interpretation Act states that a power to make a statutory instrument includes
the power to amend it]. The case for
a later Referendum date is strong.
Proclamation
of Referendum Date – 16th March
Statutory
Instrument 19 of 2013 – Proclamation 1 of 2013
PROCLAMATION
by
HIS EXCELLENCY THE
HONOURABLE ROBERT GABRIEL MUGABE, Grand Commander of the Zimbabwe Order of
Merit, President of Zimbabwe and Commander-in-Chief of the Defence Forces of
Zimbabwe.
WHEREAS, it is
provided by section 3 of the Referendums Act [Chapter 2:10] that, whenever the
President considers it desirable to ascertain the views of voters on any
question or issue, he may by proclamation in the Gazette—
(a)
declare that a referendum is to be held in order to ascertain the view of
voters on that question or issue;
and
(b)
appoint a day or days for the holding of the referendum;
and
(c)
state the hours at which voting for the purposes of the referendum will
commence and will close;
AND WHEREAS, by
Article VI of the Global Zimbabwe Agreement (the provisions of which are
embodied as the “Interparty Zimbabwe Agreement” in Schedule 8 to the
Constitution of Zimbabwe), the Committee on Standing Rules and Orders of
Parliament appointed the Constitution Parliamentary Select Committee on the
drafting of a new constitution for Zimbabwe (referred to as “COPAC”) on the 12th
April, 2009, which consisted of certain Zimbabwe of Parliament from the
political parties that participated in the Global Zimbabwe Agreement and a
representative of the Council of Chiefs who sits in
Parliament:
AND WHEREAS COPAC
duly prepared a draft Constitution for Zimbabwe, under cover of a report that
was tabled before Parliament on the 6th and 7th February, 2013, and adopted by
Parliament;
AND WHEREAS I
consider it desirable to ascertain the view of voters on whether or not the said
draft Constitution, should be enacted as the Constitution of
Zimbabwe;
AND WHEREAS it is the
function of the Zimbabwe Electoral Commission to conduct referendums in terms of
section 100C of the Constitution of Zimbabwe:
NOW, THEREFORE, under
and by virtue of the powers vested in the President as aforesaid, I do, by this
my proclamation—
(a)
declare that a referendum is to be held in order to ascertain the view of
voters on whether or not the draft Constitution which is published in a Gazette Extraordinary together with this
Proclamation should be adopted as the Constitution of
Zimbabwe;
(b)
appoint Saturday, the 16th March, 2013, as the day on which the
referendum will be held; and
(c)
state that, on the day on which the referendum is held, voting at polling
stations will commence at seven o’clock in the morning and close at seven
o’clock in the evening.
Given under my hand
and the Public Seal of Zimbabwe at Harare, this fourteenth day of February, in
the year of Our Lord two thousand and thirteen.
R.G. MUGABE
President.
Veritas makes every effort to ensure
reliable information, but cannot take legal responsibility for information
supplied
CONSTITUTION WATCH
6/2013
[18th February
2013]
Referendum and the Draft Constitution [Part
II]
Why the 16th March Referendum Date is
Totally Unreasonable
Referendums Act and regulations out
of date
The
Referendums Act and its regulations still need to be updated, to bring them into
line with last year’s amendments to the Electoral Act, which were the product of
agreement between the GPA parties [more
detail on this in Part II]. The
Zimbabwe Electoral Commission [ZEC] has been working on, but has not finalised,
its draft regulations and then they will have to go through the Minister of
Constitutional and Parliamentary Affairs for approval before they can be
gazetted.
ZEC not consulted about date and not
ready
ZEC
was not consulted before the 16th March was decided on. ZEC members and staff only learned about the
date unofficially or from the press. It
is astonishing that a date has been fixed without considering whether or not the
body responsible for the Referendum will be able to do what is necessary within
the period allowed. Had those making the
decision forgotten – or not been told – that ZEC has consistently said it needs
60 days lead time before polling if they are to conduct a credible poll? Minister Matinenga’s statement when announcing
the date and the impending proclamation made it clear that, as Minister
responsible for the Referendums Act, he thought a later date than 16th March was
advisable.
ZEC without
chairperson
ZEC’s
chairperson since it was appointed in 2010, Justice Mtambanengwe, resigned
suddenly on 12th February.
The appointment
of a replacement requires prior consultation with the Parliamentary Committee on
Standing Rules and Orders and the Judicial Service Commission, something that
cannot be done in only a few days. The
lack of a substantive chairperson is a serious handicap for ZEC. Even if a new chairperson can be speedily
appointed, two or three weeks will not be enough for him or her to master the
job in time to play a meaningful and effective part in managing a Referendum
held on 16th March.
[Note: The current Acting Chairperson,
long-serving and experienced Commissioner Joyce Kazembe, cannot be appointed as
chairperson, because she does not have the qualifications required by the
Constitution – she is neither a judge or former judge, nor qualified to be a
judge.]
Finance promised – but not available
yet
Not
the least of ZEC’s difficulties is funding.
The Government is responsible for funding ZEC, but Minister of Finance
Biti has said all along that the Government does not have the necessary
resources and will require outside assistance.
Although the donor community has promised funding in principle, donors
have queried the ZEC budget and have not yet released any funds.
[It has been pointed out that in Kenya,
with a population nearly four times Zimbabwe’s, the 2010 constitutional
referendum cost $300 million, and the amount ZEC has sought for our referendum
is $250 million]. Donors may be reluctant to fund a
process that is not only grossly over budgeted, but, in view of the short time
given to study it, cannot be seen as a genuine attempt to ascertain what the
people really think about a draft constitution that is claimed to have been
people-driven. The crisis over funding is underlined by a
report in yesterday’s State-controlled Sunday Mail of an announcement by Presidential spokesman
George Charamba that the principals have now authorised Deputy Prime Minister
Mutambara to spearhead an initiative to raise the entire $250 million
locally. How can ZEC be expected to make
satisfactory arrangements against this background?
ZEC’s other pre-polling needs
Need to hire temporary polling
station staff If ZEC cannot be confident about the funding
of the Referendum, it is likely to have problems recruiting the thousands of
reliable individuals it will need to hire as temporary staff to actually run
things on the ground at polling stations.
At election time the custom has been for the electoral authorities to use
civil servants and teachers, meaning there is a body of individuals relatively
experienced in polling station routines.
But those individuals will want meaningful assurances about their
allowances for this special assignment, and will be very conscious of the
Government’s miserable record over payment of allowances to temporary staff
taken on for previous elections and for the 2012 National Census. They have a recent precedent in the concerns
over allowances expressed by MPs asked to assist COPAC in explaining the draft
constitution to their constituents.
Clash with school
term 16th March falls within the first school
term. So a Referendum on that day would
be likely to cause further disruption in an already troubled education
system. School premises round the
country are customarily used to house polling stations and although polling day
may be a Saturday, the absence of teachers for pre-poll training and the
setting-up of polling stations ahead of polling day would inevitably disrupt
teaching duties.
COPAC and Ministry outreach exercises
not off the ground
COPAC’s promised outreach exercise
will only start today. It is printing
only 70 000 copies of the draft for the whole
country. Its promised translations of
the draft into eleven indigenous languages and into Braille are not yet ready
and are still to be produced and distributed.
The Ministry of Constitutional and Parliamentary
Affairs has announced
that it will conduct a mere two “advocacy meetings” on the draft in each of the
country’s ten provinces.
Importance of Accommodating
ZEC
The Referendum will be the first
countrywide voting process to be conducted by ZEC since it was set up as a
constitutional commission in early 2010.
ZEC must be given every chance to run the Referendum well to enable it to
build up experience and establish its credibility as an independent and
impartial body. Any mistakes or
inadequacies in the Referendum process will affect ZEC‘s credibility and reflect
adversely on its capacity to handle its next big test, which will be the coming
elections. To handicap ZEC by requiring
it to conduct an acceptable Referendum exercise in less than half the time it
has said it needs, is to run the risk of a botched process – and to imperil the
chances of an election result that will be widely accepted later in the year.
Civil Society
Objections
The
Prime Minister told a meeting of civil society organisations earlier in the week
that the Referendum would be “at the end
of March”. The organisations were
unanimous in their objections, stressing the need to allow voters sufficient
time for proper consideration of the draft in order to reach an informed
decision, and the danger that any semblance of bulldozing would destroy the
credibility of the Referendum result.
The Prime Minister said representations for an extension might persuade
the principals to allow more time for activities to familiarise voters with the
draft constitution. It should also be
remembered that Minister Matinenga said on 13th March that the 16th was a
“tentative” date.
National Constitutional
Assembly [NCA] The NCA said early on that it would go to
court unless a period of two months was allowed before voting in the
Referendum. As soon as the Government
Gazette was released on 15th February
NCA chairperson Lovemore Madhuku, who had already condemned the 16th
March date as “nonsense” and “meaningless”, confirmed that NCA lawyers had been
instructed to go ahead with the organisation’s High Court case to overturn the
Referendum proclamation for unreasonableness; the papers would probably be filed
today, Monday 18th February.
Zimbabwe Election Support
Network [ZESN] A respected organisation with years of
experience in observing elections in Zimbabwe and other countries, ZESN said in
an official statement that the fixing of so early a date “raises serious concerns about citizens having a meaningful
opportunity to learn about the draft constitution and to make an informed
choice. The date also raises questions about the Zimbabwe Electoral Commission
(ZEC) having sufficient time to organize a credible referendum consistent with
laws of Zimbabwe as well as Southern African Development Community (SADC) and
international principles and guidelines”.
The statement
also stresses the need for the speedy appointment of a credible ZEC
chairperson. [Full statement available from info@zesn.org.zw or veritas@mango.zw.]
Other major civil society networks
and coalitions such as NANGO and Crisis Coalition representing most of the civil
society organisations involved in educating the people about the constitution,
have also said that 16th March is much too early. It takes money and organisation to reach constituents in rural areas, police
notification permission has to be obtained, etc. And they have a big job to do unpacking the
draft for the people, as the COPAC and Ministry initiatives are inadequate.
Note:
In Kenya the voters had four full
months to consider the draft constitution before voting on it at the Referendum
held in August 2010.
Is the Haste over the Referendum
Merely to Pave the Way for Elections?
Of
course we need the Referendum to pave the way to elections. And it is one of the SADC conditions for
their recognition of the outcome of the next elections. But the nation's constitution is too
important to cut the time necessary for proper considerations before the
Referendum just to speed up elections.
This would strengthen the perception, engendered by taking so many of the real
decisions away from the Parliamentary Select Committee to first the Management
Committee [mostly the Party negotiators] and then to the Principals’ Committee,
that the draft serves the interests of the political parties rather than
reflecting the views of the nation. This
would negate a feeling of ownership by the people.
No time for proper study by the
people for Zimbabwe the people
The
preamble to Article 6 of the GPA, which sets out the parties’ agreement on the
constitution-making
process,
commences with the following ringing words: “Acknowledging that it is the fundamental right and duty of the
Zimbabwean people to make a constitution by themselves and for themselves; Aware
that the process of making this constitution must be owned and driven by the
people and must be inclusive and democratic”. In Part I it was pointed out that the GPA envisaged about three
months between the gazetting of the draft and the
Referendum
No time for proper study by civil
society
And
yet COPAC has asked civil society to partner it in getting the draft out to the
people.
The three political parties involved
in the process see it as step to elections
All three GPA political parties have
since the 17th January sold the draft to their supporters by saying that the
constitution will be changed when they are in power.
ZANU-PF – President Mugabe confirmed very
recently that ZANU-PF intends to overhaul the new
constitution if it wins the election.
MDC – Welshman Ncube said shortly after
the 17th January that when MDC wins the election it will revisit the question of
devolution.
MDC-T – has said that when they are in
power they will alter the constitution.
[Note: This indicates a certain cynicism
as all three parties envisage changes that will suit their particular
party. Can any of them be that
optimistic as to think they will get the a 2/3 majority in both Houses of
Parliament which is what is needed to amend the new Constitution?
Other political parties – excluded
All have expressed dissatisfaction
with being left out of consultations [remember that the leader of
Mavambo/Kusile/Dawn, Simba Makoni, got 7% of the peoples’ vote in the last
Presidential election. ZAPU has
expressed “reservations” indicating a
marked lack of enthusiasm. How can they
be expected to come on board to promote it in less than one
month.
Zimbabweans Should Not be Stampeded into Voting
For people to accept the draft as their future constitution more time
is needed. Zimbabweans want to
thoroughly examine it make an informed decision ahead of the Referendum on
whether it “captures their dreams and
hopes, guarantees civil liberties, and economic rights, and above all,
entrenches and enhances democracy through freedom of the media and
expression.” Politicians should
listen to the demand for more time. They
“ must be subservient to the electorate, not vice versa.” [Quotes from Newsday
editorial, Monday 18th February 2013]. And the Zimbabwe Electoral Commission
need a fair chance to do a good job and gain credibility before the difficult
and crucial task of organising our next elections.
Veritas makes every effort to ensure
reliable information, but cannot take legal responsibility for information
supplied
