From Carte Blanche (SA), 22
February
An empty grain
basket?
(Transcript of a TV broadcast)
Presenter : Zaa Nkweta
It’s a sight not easily forgotten… a lone young boy standing
next to the fresh grave of his mother who had died from starvation. The footage
was shot by Carte Blanche in Zimbabwe in 2002. At the time, the food queues were
long, and the shelves empty. Wherever one enquired, the message was the same. A
massive relief operation had earlier been launched, but despite the effort, the
situation just spiralled out of control. By September 2002 the World Food
Programme estimated that 6,7 million Zimbabweans were in need of food aid and
7,2 million by early 2003. Startling figures by any account. Zaa Nkweta (Carte
Blanche presenter): "But while the international community was donating hundreds
of millions of US dollars in food aid, a handful of Zimbabweans were pocketing a
fortune. They’ve managed to turn the misery in their country into a lucrative
business." They were exporting maize in the middle of a famine. Both public
figures and businessmen were taking the gap.
Peter (former customs official): "Those big guys they can send
other people or they can phone you on your cell phone. They’ll tell you that you
are small fish… you can’t impound my goods." This man – we will call him Peter –
is a former customs official who was stationed at several border posts over the
past three years. His last position was at Chirundu, the busy crossing point
between Zimbabwe and Zambia where he saw valuable food supplies like sugar,
maize and wheat leaving Zimbabwe by the truck load. Peter: "It originates here,
but most of the people they take it to Zambia and Congo." Chirundu is a major
gateway to the rest of Africa and the one checkpoint where connections -
especially political ones – will guarantee a smooth passage to smugglers. Peter:
"At first you would be doing your job in a proper way, but unfortunately there
are too much interferences, especially for example politicians. They’re the
biggest smugglers at the border. There was this guy, Muderede, he was one of the
biggest smugglers, if not the biggest, but he is politically connected, he is
very powerful. Those guys they don’t use papers, they bulldoze in, they use
their power. If you go in their way that will be the end of you."
That’s exactly what’s happened to Peter. When he wrote a report
about the smuggling of staple food across the border he was promptly summoned to
Harare by his boss. Peter: "When I came here he advised me to resign with
immediate effect because something is going to happen to me, so I did exactly
that." Peter was introduced to Carte Blanche by a high ranking officer in
President Mugabe’s Central Intelligence organisation, the CIO. He can’t be
identified, so we will call him ‘George’. George: "Once an intelligence officer,
always one. So if I get something that is interesting I follow it up,
investigate and perhaps not even use the information, but provide it when it is
necessary." Apart from Peter, George also had another source supplying him with
information on the corruption taking place at Chirundu. George: "She was at
Chirundu when seven trucks carrying wheat had been seen at the border, and then
on 22 May 2003 another four trucks were also cleared at customs as carrying
cement. It turned out to be sugar and these were impounded. But again after a
phone call from Harare, they were released."
George obtained these affidavits from the two customs
officials, which bear witness to an endless stream of illegal exports. George:
"She also confirmed that from early 2003 to the date that the affidavit was
written she had seen more than 30 trucks that had gone across the border." Basic
staple foods like maize and wheat are highly subsidised in Zimbabwe and the
Grain Marketing Board - the GMB - has the monopoly to sell and move grain in the
country. But it’s a complex web of bureaucracy. Zaa: "It’s a little difficult to
understand, but if a farmer has more grain than what he needs to feed his own
family, he is not allowed to sell it to his neighbour or even transport it to a
hungry family member. In line with Zimbabwean law he has to sell it to the GMB
who then distribute it to the country’s millers at a much lower price than the
GMB paid for it... because by then it has been subsidised." The massive
quantities of maize and wheat that George and Peter saw leaving Zimbabwe
illegally through Chirundu were smuggled by private individuals at a time when
there was barely anything to eat. George: "The trucks were parked somewhere way
off the border post and once they had been cleared they will then just drive
across without inspection." For months George and his team of freelance
investigators followed several leads, finally pinning down the smugglers to a
farm outside Banket in Mashonaland West. At the farm trucks were loaded with
maize before heading for the Zambian border. And once again the same name popped
up. George: "I had received reports that Cecil Muderede was illegally exporting
wheat and maize to Zambia and Zaire, or now the DRC. Perhaps you might want to
know that Cecil Muderede is a former CIO bodyguard."
Welcome to Shankuru Estates, a well-known landmark in the area
and presented to the world as a model of success. These are members of the
Commonwealth on a guided tour of the farm some time ago. The delegation included
some of President Mugabe’s top men - Foreign Minister Stan Mudenge; Jonothan
Moyo, Minister of Information; the then Governor of Mashonaland West, Peter
Chanetsa; MP for Chinoyi, Phillip Chiyangwa and Vice President Joseph Misika who
made the welcoming speech. Misika: "Internationally we want good relations as
equals, but we can’t have people who think of themselves as supernatural human
beings and look at us as sub-human." But what their host didn’t show them was
what he and his colleagues have been taking out through the back door. Shankuru
Estates is the same farm that was identified by George and his team as the
headquarters of the smuggling operation. In fact, George says his investigation
showed the farm owner has been in cahoots with Vice President Msika all along.
George: "He then started doing things with Joseph Msika, the Vice President, who
is related to his wife, and Chanetsa, who was then the Governor of Mashonaland
West."
Zaa: "This is a copy of last Sunday’s Standard Newspaper in
Zimbabwe. At the time the big story was the arrest of a prominent businessman on
22 charges of dodgy forex deals." But tucked away in the last two paragraphs was
another name, one we’d heard before. It was the name Cecil Muderede! The article
says he was arrested for illegally exporting maize and depositing the proceeds
into an account in Luxembourg. While both Peter and George allege that Muderede
is the central figure in the food smuggling operation, they both believe that
far more influential people are involved. Peter: "The biggest smugglers, they’re
Chombos, Chanetsa, Msika … did I mention Mujuru?" The people both Peter and
George mentioned as being involved are Ignatius Chombo, Minister of Local
Government; General Solomon Mujuru, the ex-commander of the Zimbabwe National
Army; Peter Chanetsa, the former Governor of Mashonaland West; Phillip
Chiyangwa, MP for Chinoyi, and the current vice President Joseph Msika… the very
same man who welcomed members of the Commonwealth to Shankuru Estates.
Zaa: "But just where were they getting maize in a country where
the shelves were empty and the people starving or being fed by donor food?"
Gilbert: "People were coming and saying that you can sell them your maize. It’s
not a problem because Christian Care and World Vision are coming to the area to
give you food." Gilbert is a subsistence farmer in Mashonaland West. Despite
last season’s drought, he harvested more than enough maize to feed his wife and
four children for the whole year. But then he received an unexpected visit.
Gilbert: "If they come in the day time, they just talk and they don’t load. Six
o’clock they’ll start loading now and then they’ll move off so that the police
cannot see them on the road." Gilbert says the men were Zanu PF officials who
would pick up 12 tons per trip and offered more per ton than the GMB. He needed
the money and, besides, it would have been foolish to refuse. Gilbert: "I will
sell to have money for school fees, clothes for my child. So I’m not concerned
about food because I know that Christian Care is giving me." But it isn’t that
simple. The money Gilbert was paid for his maize provided for two months and
he’s now having problems to keep his name on the food list. Gilbert: "We are now
suffering because if Christian Care stop giving us food I would die with my
family. But I was with that maize so that I can finish my year with my maize,
but I sold that maize. Now if they stop the donors then we will have a
problem."
But Gilbert was not the only farmer who had been approached in
this way. Chrispin, is a local shopkeeper who was asked to cash cheques paid to
farmers in his area for maize. Chrispin (Local shopkeeper): "They’ve been
telling us that these cheques are made out to them for the grain that they sold
to the farmer - that is Cecil Muderede." Carte Blanche obtained copies of three
cheques and, not surprisingly, they were all issued by Shankuru Estates and
signed by someone called Muderede. Chrispin: "He goes everywhere and collects.
He does the weighing, bagging and sewing of the bags at his farm, and it’s been
rumoured that that grain is exported outside the country." Zimbabwe was
previously a major exporter of grain, but land invasions and the seizure of
commercial farms have caused massive economic disruptions since 2000. Combined
with a severe drought a huge shortage of grain was anticipated, resulting in the
GMB asking for tenders to buy in maize. Zaa: "But the GMB didn’t accept the
lowest tenders. It paid highly inflated prices for the grain that was imported
from across the world." Carte Blanche obtained confidential reports on these
transactions and asked an independent commodities analyst to assess them.
Gabriel: "The maize was imported at prices that far exceeded the current market
prices on the day, so that individuals who were awarded the contracts made
conservatively 60-million US$." But the system invited further corruption. In
the period between 2002 and 2003 maize was imported at an average price of
US$215 per ton. Once landed, this expensive imported maize qualified for a
Government subsidy and was sold for $6.40 per ton to wholesale companies who
then sold on to the public. However, the GMB would often sell the maize back to
some of the companies who had imported it, but at a fraction of the price
originally paid.
Shortage: 500 000 to 600 000 tons, Imports: 960 000 tons. This document shows
that almost double the amount of maize needed was imported by the GMB, so there
should have been an excess rather than a shortfall, yet the shelves were empty.
Gabriel: "During the period in review, between the local production and what the
GMB imported, we had enough maize to feed the country." On top of that hundreds
of thousands of tons in donor food were also pouring into Zimbabwe. We sent a
letter to the Grain Marketing Board and the Zimbabwean Government requesting
their comment on the findings of our investigation. They acknowledged receipt,
but are yet to reply. Zaa: "So, has there ever been a real food shortage in
Zimbabwe? While millions of people were without food, there was a drought and
thousands of displaced people." Or was there a bigger mechanism eating away at
the country’s food supply? According to this report from Human Rights Watch, it
appears grain bought by the Zimbabwe government from abroad was diverted to
foreign markets where ruling party politicians and favoured businessmen could
make a profit of up to 220 percent. Gabriel: "The mills that have been used, the
bags that have been used, the facilities that have been used have been set up
and directed for exporting the maize which should have been consumed in
Zimbabwe. So there’s over US$100 million dollars being made out of this whole
operation. They were stealing from their own people and they were stealing from
the goodwill of the international community."
Return your extra farms or else, warns
Nkomo
|
February 24 2004 at
03:22AM
 |
|
|
| By Basildon Peta |
 |
Top Zimbabwe government and ruling party officials who have acquired multiple
farms must surrender the extra farms for peasant resettlement or risk
imprisonment for "theft" of state property, John Nkomo, special affairs minister
in President Robert Mugabe's office, has warned.
Nkomo, who was tasked
with overseeing land reform and resettlement after the recent cabinet reshuffle,
said influential people who were refusing to give up extra farms as ordered by
Mugabe last year were violating the country's laws.
In an interview with
the state-controlled Sunday Mail, Nkomo cited one unnamed senior official in the
Mashonaland West region who had seized four farms but was refusing to surrender
them.
"In such cases we will proceed by way of summons," Nkomo told the
Sunday Mail.
| 'We say no to corruption' |
"That is theft of state property."
"Some of the land
they are refusing to surrender has some infrastructure for which (the)
government is to compensate the former white commercial farmers."
Nkomo
said the "sad scenario" was that senior people who were supposed to lead by
example had got themselves lots of farms.
"It becomes a problem when the
seniors engage in such activities."
"Who will the juniors learn from?" he
asked.
He said government was doing its best to fight corruption.
"We say no to corruption. Any withholding of excess land is tantamount
to corruption," he said.
Mugabe last year appointed a team to carry out
a land audit after an earlier probe by one of his ministers had unearthed
massive corruption in the land reform exercise.
The land audit team
exposed massive corruption in the land reform programme and said many top
officials had acquired several prime farms.
Nkomo said those still
hanging on to these farms despite Mugabe's order were committing theft.
"That is theft of state property," said Nkomo.
"Some of the land
they are refusing to surrender has some infrastructure for which the government
is to compensate the former white commercial farmers."
Nkomo said on
Monday while some officials had heeded Mugabe's call to quickly give up the
excess land, some senior people had refused to do so.
"This is the
corruption we are talking about that we want to get rid of," said Nkomo.
"Where is that individual going to get the funds to compensate the
former owner for the improvements if he or she does not surrender the excess
land to government which in turn is expected to meet the costs of compensation?"
Nkomo said some wildlife conservancies allocated to some people who had
already acquired other properties would be repossessed regardless of their
positions in the political circles.
The Sunday Mail said most
conservancies had been allocated to influential people with each one being
allocated more than 100 000 hectares.
Nkomo also reminded beneficiaries
of the land reform that it was illegal to lease the land they had been allocated
as it remained state land.
Many beneficiaries who cannot raise money to
farm have been sub-leasing their land to third parties.
Nkomo's remarks
seem to exemplify Mugabe's frustration with his cronies most of whom he had
allowed to do whatever they want when his land seizure drive began in earnest in
2000.
Most went on to seize many prime farms each.
After he
ordered them to surrender extra farms after winning the 2002 presidential
election, many of the cronies are believed to have corruptly registered the
extra farms in the names of relatives and friends to disguise their multiple
ownership.
- This article was originally published on page 5 of The Pretoria News on February 24, 2004
Daily news
Doctors may not demand cash up-front: Zimbabwe
SUNDAY
TIMES
Tuesday February 24, 2004 10:50 - (SA)
The Zimbabwean
government has amended legislation on health insurance companies to prevent
private doctors from demanding cash before treating patients, state radio said.
"(The) government has gazetted an amendment of the Medical Aid Societies
Act so that doctors may not demand cash up-front," it said.
Zimbabwean
private doctors in January started this practice following a disagreement with
health insurance companies.
This was after they more than doubled
consultation fees from 20,000 Zimbabwean dollars (US$25) to 46,000 Zimbabwean
dollars (US$57.5) a visit.
Doctors had complained the health insurance
companies were not remitting funds to them on time and were also not willing to
fork out the new fees.
Zimbabwe's health system is under threat as
public hospitals face collapse due to a massive brain drain and a crippling
shortage of drugs. Meanwhile, private hospitals have become out of reach for
most people.
Pay-related national strikes by Zimbabwe's government
hospital doctors have become an almost annual tradition and can last for as long
as several months.
Poor remuneration of government medical personnel has
not only seen a slew of strikes over wage increases but also an exodus of health
workers - doctors and nurses - particularly to Britain, Canada, the United
States and neighbouring South Africa where pay and conditions are more
attractive.
The country is facing economic hardship with an inflation of
more than 600%.
The collapse of the health delivery system is a further
blow for the country, facing one of the highest Aids rates in the world with
about 3,000 people dying each week.
AFP
-
SADC
Zimbabwe amends health
laws
|
February 24 2004 at
09:48AM
 |
Harare - The Zimbabwean government has amended legislation on health
insurance companies to prevent private doctors from demanding cash before
treating patients, state radio said on Tuesday.
"The government has
gazetted an amendment of the Medical Aid Societies Act so that doctors may not
demand cash up-front," it said.
Zimbabwean private doctors started this
practice in January following a disagreement with health insurance
companies.
This was after they more than doubled consultation fees from
ZIM$20 000 (about R200) to ZIM$46 000 (about R380) a visit.
Doctors had
complained the health insurance companies were not remitting funds to them on
time and were also not willing to fork out the new fees.
Zimbabwe's
health system is under threat as public hospitals face collapse due to a massive
brain drain and a crippling shortage of drugs. Meanwhile, private hospitals have
become out of reach for most people.
Pay-related national strikes by
Zimbabwe's government hospital doctors have become an almost annual tradition
and can last for several months.
Poor remuneration of government medical
personnel has not only seen a slew of strikes over wage increases but also an
exodus of health workers - doctors and nurses - particularly to Britain, Canada,
the United States and neighbouring South Africa where pay and conditions are
more attractive.
The country is facing economic hardship with an
inflation of more than 600 percent.
The collapse of the health delivery
system is a further blow for the country, facing one of the highest Aids rates
in the world with about 3 000 people dying each week.
Herald Last Updated: Wednesday, 25 February 2004
Chikwinya charged with
public violence
Herald Reporters
FORMER Harare North MP Nyasha
Chikwinya was charged with public violence at
the weekend, police said
yesterday.
Police chief spokesperson Assistant Commissioner Wayne
Bvudzijena said the
charge followed a fracas that broke out at the weekend in
Hatcliffe in which
property worth millions of dollars was
destroyed.
Asst Comm Bvudzijena said the violence involved some members
of a housing
co-operative in Hatcliffe.
Chikwinya is alleged to have
sent a gang of youths to attack the chairman of
the co-operative following
leadership wrangles.
She is expected to appear in court soon facing
public violence charges.
Harare provincial police spokesperson Inspector
Cecilia Churu said police
had recorded a statement from
Chikwinya.
"Borrowdale police recorded a statement and she is expected to
appear in
court tomorrow," she said, adding that Chikwinya was out of police
custody.
Contacted for comment, Chikwinya confirmed she had given a
statement to
police at Borrowdale. She is alleged to have sent 12 youths to
assault Mr
Charles Mpofu, a member of the Zimbabwe National Army who was
voted chairman
of the housing co-operative.
The youths — Washington
Munawa, Tichaona Danda, Joe Musakwa, Owen Chinyowa,
Felix Kaundani, Coster
Muchenje, Darlington Sigauke, Fambai Makundi, Spencer
Ganha, Evidence
Chirisa, Simbarashe Murombo and Shame Ganda — appeared in
court before
magistrate Ms Judith Tsamba yesterday facing charges of public
violence. They
are expected to appear in court again today for
bail
application.
According to the State, some of the youths live in
Chitungwiza and others at
Sally Mugabe Heights.
It is alleged that on
Friday last week, the gang went to number 7712 in
Hatcliffe, Harare, where Mr
Mpofu lives with his family. They allegedly
broke into the house and once
inside, assaulted Mr Mpofu’s wife, Tambudzai.
The court heard that they
started dragging household goods out of the house
ordering the Mpofus to
vacate the house.
During the process, it is alleged, they damaged and
stole some property.
The damaged and stolen property is valued at about
$5,1 million.
From The Herald, 24
February
SA media latch-on to Zim’s clampdown
on graft
Herald Reporter
The South African media has now latched-on to Zimbabwe’s
clampdown on corruption and externalisation of foreign currency by further
digging into some of the exposed cases in the hope that this will tarnish the
image of the Zimbabwean Government. The television programme, Carte Blanche,
which specialises in investigative journalism, resuscitated the arrest of
Mashonaland West farmer Cyril Muderede in connection with the smuggling of wheat
and maize and the externalisation of the proceeds by putting a new twist to the
saga. A prominent businessman and Zanu PF Central Committee member, James
Makamba and businesswoman, Jane Mutasa and her son have also been arrested in
connection with this case. Ignoring that President Mugabe has been at the
forefront of this drive by the Zimbabwean police to clampdown on such illegal
activities, Carte Blanche reported that it had exposed a syndicate that was
smuggling wheat and maize and linked it to some top politicians in Mashonaland
West province whom it named* and claimed had neither been
questioned nor charged by the police.
The reporters interviewed a former customs official and an
intelligence officer who talked of massive smuggling of grain at a time the
country was facing food shortages. The syndicate would buy maize and wheat from
farmers and smuggle it outside the country, in contravention of the Grain
Marketing Board Act and export and customs regulations. A former customs
official interviewed on the programme said: "Those big guys, they can send other
people or they can phone you on your cell phone. They’ll tell you that you are
small fish… you can’t impound my goods." The former customs official said he saw
valuable food supplies like sugar, maize and wheat leaving Zimbabwe by
truckloads at Chirundu border post. "At first you would be doing your job in a
proper way but unfortunately there are too much interferences, for example
politicians they are the best smugglers at the border. "There was this guy,
Muderede. He was one of the biggest smugglers, if not the biggest, but he is
politically connected, he is very powerful. Those guys they don’t use papers,
they bulldoze in, they use their power. If you go in their way that will be the
end of you," said the former customs officer.
According to the report, Muderede could not be reached for
comment, but the GMB in November seized more than 5 000 tonnes of maize and 300
tonnes of wheat after raiding his farm near Banket. Last week, he appeared in
court on allegations of fraud, externalisation of funds and theft by false
pretences. Police said he bought grain from farmers, which he sold to local
millers on the pretext that he imported the grain. In the interview with Carte
Blanche, the intelligence officer said four trucks were cleared at the border
post as carrying cement but it turned out that they were carrying sugar and this
was impounded. "But after a phone call from Harare, they were released," the
intelligence officer said. "The trucks were parked somewhere way off the border
post and once they had been cleared they would then just drive across without
inspection." The intelligence officer said he and his team of freelance
investigators had for months followed several leads and had finally pinned down
the smugglers to a farm outside Banket where trucks were loaded with maize
before heading for the Zambian border.
The news agency also interviewed communal farmers who said they were induced
to sell their maize to the unscrupulous businessmen and politicians who would
offer a better price than that offered by the GMB. They would then smuggle the
grain outside the country. Under the GMB Act, the board is the sole buyer of
wheat and maize in the country. The Act prohibits farmers from exporting grain
without permission from the GMB. "People were coming and saying that you can
sell your maize, it is not a problem because Christian Care and World Vision are
coming to the area to give you food," said one communal farmer. "We are now
suffering because if Christian Care stops giving us food, I would die with my
family. But I was with that maize so that I can finish my year with my maize,
but I sold that maize." According to Carte Blanche, there were documents that
showed that almost double the amount of maize needed by the country was imported
by GMB as the shortage was between 500 000 to 600 000 tonnes while imports came
to 960 000 tonnes, leaving a huge excess, rather than a shortfall, "yet the
shelves were empty."
ZIMBABWE: Talks are 'taking place', claims
ambassador
JOHANNESBURG, 25 February (IRIN) - Informal talks are being
held between the ruling ZANU-PF and the opposition Movement for Democratic
Change (MDC), a senior Zimbabwean official told IRIN on Wednesday.
"Talks
are taking place with a section of the MDC, who believe in moving forward," said
Simon Khaya Moyo, the country's ambassador to South Africa.
Zimbabwean
President Robert Mugabe was quoted in news reports as having told state
television on Monday that while he was willing to hold talks with the MDC, he
would not do so until the opposition party cut its ties with Western
countries.
The South African Council of Churches wrote to South African
President Thabo Mbeki on Tuesday, asking for his intervention in initiating
formal talks between the two Zimbabwean parties.
"We have nothing against
the opposition, if it is acting in the country's interests," Moyo said. "But if
it is working with outside interests to overthrow the government, then we have
nothing to do with it ... there are good people in the MDC, who are prepared to
work with us, unlike another section which always running to Brussels or London
to impose sanctions
against the country."
Responding to Moyo's
comments MDC secretary-general Welshman Ncube said the ZANU-PF by referring to
"sections within the MDC was attempting to divide the opposition. The decision
to enter into dialogue was a unanimous one taken by the entire party. There was
no one section for or against holding talks."
According to Moyo, formal
talks with the MDC are to start soon. "We want it to start as soon as possible;
we all want the process to move forward," he said.
Ncube said there had
been no "informal talks since the end of last year with the ZANU-PF. We are
waiting to hear from them about the formal talks."
South African foreign
affairs officials expect formal talks to start before the end of June this
year.Victor Mditshwa, who heads the Zimbabwean desk in the South African
department of foreign affairs told IRIN last month that Mbeki had given both the
ZANU-PF and the MDC until June this year to begin formal
talks.
[ENDS]
IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11
447-5472
Email: IRIN-SA@irin.org.za
ZIMBABWE: ZCTU strike ''unsuccessful''
JOHANNESBURG, 25
February (IRIN) - A national stayaway called by the Zimbabwe Congress of Trade
Unions (ZCTU)on Wednesday to bring about the reinstatement of its president and
changes in managing the national pension fund was
"unsuccessful".
Mlamleli Sibanda, ZCTU's national spokesperson, told IRIN
that only "40 percent" of workers had heeded the strike call. "Most workers came
to work because of intimidation. Four of our regional leaders were arrested in
Bulawayo [the country's second city]".
However, Agence France-Presse
(AFP) reported that the national strike had little effect in the capital Harare.
The city centre was bustling, with morning traffic as heavy as usual and
the majority of banks, shops and business establishements functioning normally,
AFP reported
ZCTU president Lovemore Matombo was fired last month from
his position at Zimpost, the parastatal which runs the country's postal service,
allegedly for having attended a conference organised by the Organisation of
African Trade Union Unity in Sudan, without authority from his employer, as well
as for disrupting a board meeting.
"We also have a problem with the
National Social Security Authority (NSSA), which controls the pension funds of
all workers," Sibanda noted. "We have not received recent audited financial
statements from the authority - we feel there is something wrong with the way
the money is being handled."
All workers have to contribute to the
government-run pension fund. "But some of our workers who have retired are
receiving a pension of only Zim $700 (about US 17 cents) a month. The funeral
benefit only amounts to Zim $2,000 (about US 50 cents), which is nothing - you
cannot even buy a coffin with that amount," he explained.
Sibanda said
the NSSA had provided them with the audited financial statements for the year
2000 last week, and that "we have been told we will receive the other statements
by July".
The NSSA could not be reached for comment.
The ZCTU is
also demanding the reinstatement of 41 of its members who were allegedly
dismissed after a national strike in November last year. The trade union body -
the largest in the country - is planning more
stayaways.
[ENDS]
IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11
447-5472
Email: IRIN-SA@irin.org.za
The Parliamentary Portfolio Committee for Foreign Affairs, Industry
and
International Trade will be conducting a Public Hearing
in
BULAWAYO
TUESDAY 2 MARCH
10.30 for 11 am
Large City
Hall
Interested members of the public are invited to attend. Those who
wish to
make submissions concerning these sectors, either as group
representatives
or individuals, are advised to indicate to the secretariat on
registration.
The Committee particularly welcomes oral submissions backed up
by written
documents, although we will also receive both oral and written
submissions
on their own.
Members of this Committee are the
Honourables Chiyangwa (Chairman),
Chindanya, Chitongo, Kaukonde, Madzimure,
Mukahlera, Mutsauri, Mzila Ndlovu,
FD Ncube and Stevenson.
Americas Chavez to Host G15 Summit This Week
VOA News
25 Feb 2004, 02:58
UTC
Venezuelan President Hugo Chavez plans to host a summit of the
G15 group of developing nations Friday and Saturday in Caracas.
The
presidents of Argentina, Brazil, Iran, and Zimbabwe are expected to attend, as
is the prime minister of Jamaica.
The G15 is made up of 19 developing
countries. In the past, the group has called attention to problems such as debt
relief and the impact of globalization on developing nations.
Some
information for this report provided by AFP and Reuters.
SABC news
February 25, 2004, 01:43 PM
Defence lawyers urged Zimbabwe's High Court yesterday to acquit Morgan
Tsvangirai, the opposition leader, of plotting to kill President Robert Mugabe,
saying the key state witness was a "clown" who lied in his
testimony.
Tsvangirai, who leads the Movement for Democratic Change
(MDC), could face a possible death penalty if convicted of the treason charge,
which comes as Zimbabwe battles its most serious political and economic crisis
in decades.
In his closing arguments, chief defence lawyer George Bizos
said state prosecutors had failed to prove the charges against Tsvangirai and
did not have more than one key witness as required in such a case. "My Lord, to
convict one of the leading politicians of this country on treason on the
evidence of a very unreliable witness would be most unfair," Bizos
said.
Earlier yesterday, prosecutors urged the court to convict
Tsvangirai of treason, saying the state had managed to show he sought to kill
Mugabe and seize power.
"As far as the state is concerned, the first set
of (state) witnesses proved that the accused instituted and pursued the plot to
assassinate President Mugabe and to carry out a coup d'etat," Bharat Patel, the
acting Attorney General, told the court.
It is not clear when the
verdict will be issued
It was not immediately clear when the court will
issue its verdict. Tsvangirai, accompanied by his wife, sat quietly during the
proceedings in a courtroom filled with MDC supporters and senior party
officials. Bizos was expected to continue his closing arguments
today.
The state's case against Tsvangirai, launched nearly a year ago,
hinges mainly on a videotape of a meeting he held with Canadian-based political
consultant Ari Ben-Menashe where prosecutors say Mugabe's "elimination" was
discussed.
Tsvangirai (51) is a former trade unionist described as the
most potent political threat to Mugabe's rule since Zimbabwe's independence from
Britain in 1980 conceded last month he had used the word "eliminate" but in a
strictly political sense.
Bizos said Ben-Menashe had "contradicted
himself over and over" and presented himself to Tsvangirai and the MDC as a man
who could win them powerful political friends in North America. "He was a clown
My Lord. He everywhere. There is no more dangerous a liar than a person who is
also able to lie about himself," Bizos said.
Patel called Tsvangirai's
defence "preposterous" and said the state had proved its case beyond a
reasonable doubt.
Tsvangirai's legal team has argued there was no plan to
assassinate Mugabe and the only thing discussed were suggestions that the
veteran leader might accept a plan for him to retire months before the March
2002 polls.
The MDC says Tsvangirai won the March 2002 presidential
elections but Mugabe was declared the victor despite claims of vote-rigging and
electoral fraud lodged by both the MDC and a number of international
observers.
Mugabe, who turned 80 on Saturday, has called Tsvangirai a
pawn of Western powers opposed to his policy of seizing white owned farms to
give to landless blacks. - Reuters
SABC news
February 25, 2004, 08:57 AM
President Thabo Mbeki has assured the South African Council of Churches
(SACC) that South Africa will do everything possible to find a solution to
problems in Zimbabwe.
This follows a letter by the SACC to Mbeki, urging
him to restart talks between Zanu (PF), led by Robert Mugabe, the Zimbabwean
president, and the opposition Movement for Democratic Change.
Bheki
Khumalo, Mbeki's spokesperson, says the president agrees with the churches that
there's no substitute to dialogue. The SACC says reports that Mugabe has ruled
out the possibility of talks seem to be a grave setback.
Mbeki faces fresh criticism over Zimbabwe
February 25 2004 at
02:10AM
As Zimbabwean President Robert Mugabe was slamming the door
on negotiations with the country's main opposition - labelling them "devils" -
this week, President Thabo Mbeki came under increasing pressure to intervene in
the country's long-running political crisis.
The South African Council of
Churches (SACC) - an umbrella grouping of most denominations - has written to
Mbeki, urging him to send a delegation to Harare to help rekindle talks between
Mugabe's Zanu-PF and the opposition Movement for Democratic Change
(MDC).
"We are anxious to have the president help to restore the talks,"
SACC general secretary Molefe Tsele said. "The people of Zimbabwe, especially
the churches, have repeatedly told us that they are counting on us to assist
them in finding a solution to their acute economic and political
crisis."
"It is our wish that President Mbeki makes a statement to the
South African public as to whether or not it is true that President Mugabe is
committed to the talks with the leader of the MDC, Mr Morgan
Tsvangirai.
'e are anxious to have the president help to restore the
talks'
"We are anxious to have the president help to restore the talks,"
Tsele said.
Mbeki welcomed the SACC letter. His spokesperson Bheki
Khumalo said that Mbeki agreed with the churches that there was no substitute
for dialogue and that South Africa should do everything possible to assist the
people of Zimbabwe to find a solution to their problems.
In an interview
on state television on Monday, Mugabe said that although he was willing to hold
talks with the MDC, he would not do so until the party cuts its links with the
West.
Mugabe accuses Britain of bankrolling the MDC in a bid to oust him
from power and return imperialist interests to the former British
colony.
"As long as they are dictated upon from abroad we will find it
extremely difficult to negotiate with them," Mugabe said.
"But if they
are going to now seek the hand of our enemy to destroy our economy, then we
begin to wonder whether they are for the people or against the people," he
said.
"We can't discuss with allies of the Western countries that would
want to destroy our economy. The devil is the devil... we have no idea (sic) of
supping with the devil."
South African- and Nigerian-brokered talks
between the MDC and Zanu-PF broke down in May 2002 after the participants agreed
only on an agenda.
Last month Mbeki announced that the two parties had
agreed to enter into a formal dialogue soon to resolve Zimbabwe's socio-economic
and political woes.
The SACC statement said: "President Mbeki has
publicly said he had been personally told by President Mugabe that Zanu-PF is
committed to the talks, and that, in fact, the talks are under way."
"The
people of Zimbabwe, especially the churches, have repeatedly told us that they
are counting on us to assist them in finding a resolution to their acute
economic and political crisis. We would be failing in our moral obligation to be
with them in their hour of need," Tsele said.
In another statement, DA
national chairman Joe Seremane said Mbeki's policy of "quiet diplomacy" had been
exposed as an embarrassing and costly disaster. Mbeki, he said, had developed a
disconcerting tendency of making behind-the-scenes assurances to Western
leaders, which later turned out to be patently false, Seremane said.
"It
is time President Mbeki stopped feeding the world untruths and obfuscation. We
need far more than a change of policy from President Mbeki; we need a change of
heart."
Cosatu has pledged its support for a one-day strike in Zimbabwe,
organised for Wednesday, spokesperson Patrick Craven said. Craven said Cosatu
supported the demands of the Zimbabwe Congress of Trade Unions. - Sapa, Reuters
and Own Correspondent
This article was originally published on page 1
of The Cape Times on February 25, 2004
The Herald
Prices forced down as demand declines
A glut of discount promotionals has hit the country as
prices of commodities decline under pressure from poor demand.
The "Sale
now on!" signs have become a common sight in Bulawayo’s central business
district and other cities and towns.
Last year, prices shot up under
pressure from hyper-inflationary conditions abetted by shortages of foreign
currency.
Retailers stocked up in anticipation of even higher price
increases in the New Year.
However, a combination of consumer resistance
and a slump in production in November exposed the erosion of the purchasing
power of many workers.
This, coupled with an increase in education
inflation — as a result of high increases in school fees, the cost of school
uniforms among others — led to the fall in aggregate demand.
The
introduction of the foreign currency auction market in January has seen the
local unit strengthening against the US dollar and other currencies, mainly as a
result of oversupply during the festive season, partially offsetting the high
production costs.
The result has been massive changes in price regimes
as retailers resort to discount promotions to move stock.
Notably,
efforts to regulate prices through controls failed to curtail the astronomical
price increases, instead, precipitating shortages on the shops while goods
re-appeared on the black market.
However, with the Government taking a
back seat, preferring to let the market rules of supply and demand determine the
prices, costs have started coming down on the back of increased consumer
resistance.
Analysts attributed the behavioural change of the producers
to the introduction of the auction market.
Although the economic
commentators acknowledge that a number of other factors have contributed to the
price reductions, they said the Reserve Bank of Zimbabwe’s move to stamp out the
parallel market, through the introduction of the auction market, was a
significant contributory factor.
Mr Edwin Potsiwa, an economist with
First Mutual Limited said: "Price increases were linked to the parallel market.
Producers imported raw materials and were acquiring the foreign currency at a
huge price, so this was passed on to the consumer.
"But now, with the
auction, importers are acquiring their foreign currency at a rate which is lower
than last year and now we are seeing them adjust their prices in line with the
low rate."
The auction market became effective from January 12 and has
seen the local dollar strengthening against major currencies with the exchange
rate getting to as low as $3 100 to the US dollar, as compared to a high of $8
000 last year. Some of the products whose prices came down include beef, which
went down to $6 000 from over $18 000 per kilogramme.
The price of beer
recently dropped to $1 800 for a pint from $2 200 while the price of tyres also
came down by 25 percent along with that of furniture.
A furniture shop
in the city was selling hi-fis for $2 700 090 down from $4 900 090.
Major retailers such as Meikles, PG Industries, Turnall, Steelnet, TV
Sales and Hire are offering discounts ranging from 15 to 40 percent.
Analysts acknowledge that price increases of the past two years were
largely driven by speculation.
"In speculation people buy things and
hoard them in anticipation of higher prices," said Dr Samuel Undenge.
Mr
Oscar Chiwira, an economist with the National University of Science and
Technology said that speculation had driven interest rates to higher levels
necessitating the constant price increases. — Bulawayo Bureau.
Trial of Mugabe enemy: Was it a coup or a sting?
Michael Wines NYT
Wednesday, February 25, 2004
Treason case nears end in
Zimbabwe
JOHANNESBURG After a year of hearings, depositions and
near-ceaseless publicity, lawyers for Zimbabwe's government and its main
political opposition began closing arguments on Tuesday in Harare, the capital,
in what is surely one of the more curious treason trials.
.
The leader of
the opposition Movement for Democratic Change, Morgan Tsvangirai, is charged
with plotting to assassinate President Robert Mugabe. The evidence, a lengthy
videotape in which Tsvangirai is seen relishing the prospect of his rise to
power in a post-Mugabe era, is said by the government to be unimpeachable.
.
The authors of the videotape, however, are anything but. One is
Alexandre Legault, an American who disappeared last year after being sought for
extradition on charges that, among other things, he masterminded a $13 million
swindle of senior citizens in Florida.
.
The other is his business
partner, Ari Ben-Menashe, a self-professed former Israeli intelligence agent. He
gained fame in the 1980s by accusing Ronald Reagan of manipulating the release
of American hostages in Iran to secure his election victory. The U.S. Congress
later investigated and dismissed that charge, pronouncing Ben-Menashe a talented
liar.
.
Whether their past is prologue is at the center of the trial
concluding this week. Operating as Dickens Madson, a Montreal-based consulting
firm, the two men struck a $100,000 deal with Tsvangirai's party in 2001 whose
purpose is at the core of the trial.
.
Tsvangirai has insisted in court
that his party hired the firm to lobby for its interests in the United States.
His supporters say that he was duped: that Dickens Madson was running a sting
operation for Mugabe's authoritarian government, seeking to entrap Tsvangirai
into making damning statements that would discredit the Zimbabwe opposition.
.
Ben-Menashe, in a lengthy telephone interview Monday from his Montreal
office, gave his version: "He tried to hire us to do a coup d'état and kill
Mugabe. The tape speaks for itself."
.
What the five and a half hours of
tape says depends in large part on defining the word "kill." In court,
Tsvangirai's lawyer, George Bizos, argued that Ben-Menashe ambiguously referred
only to the "elimination" of Mugabe, without saying "murder" or "kill" - except
in one instance, after which an agitated Tsvangirai left the meeting.
.
Bizos also argued in court filings that up to 30 percent of the
videotape is illegible or inaudible, and that key phrases, like "termination" or
"determination," are in dispute.
.
Tsvangirai's lawyers have built much
of their defense on destroying the credibility of Ben-Menashe and Legault.
.
Before establishing Dickens Madson, Ben-Menashe was a foreign agent for
Legault's Montreal-based firm, Carlington Shipping, which advertised itself as a
commodities broker. Ben-Menashe said such charges were "garbage."
.
Legault was unavailable to testify. He fled Montreal in 2002, after
more than a decade of fending off U.S. demands for his extradition.
.
Tsvangirai's supporters say he was steered to Dickens Madson by a
trusted supporter, with hints that the firm could funnel immense sums of money
to his cause from American Jews. In truth, court records show, Dickens Madson
received $615,000 from Zimbabwe's government in the period surrounding their
covert videotaping of Tsvangirai.
.
In the interview, Ben-Menashe allowed
that he had known Mugabe since 1985. But he denied that the government's
payments to Dickens Madson were for entrapping Tsvangirai, saying that they were
for unrelated consulting work.
.
Rather, he has said, Tsvangirai
approached the firm with an assassination plot, not knowing its links to Mugabe,
through an extraordinary stroke of bad luck.
.
The New York Times
< < Back to Start of Article
Treason case nears end in
Zimbabwe
JOHANNESBURG After a year of hearings, depositions and
near-ceaseless publicity, lawyers for Zimbabwe's government and its main
political opposition began closing arguments on Tuesday in Harare, the capital,
in what is surely one of the more curious treason trials.
.
The leader of
the opposition Movement for Democratic Change, Morgan Tsvangirai, is charged
with plotting to assassinate President Robert Mugabe. The evidence, a lengthy
videotape in which Tsvangirai is seen relishing the prospect of his rise to
power in a post-Mugabe era, is said by the government to be unimpeachable.
.
The authors of the videotape, however, are anything but. One is
Alexandre Legault, an American who disappeared last year after being sought for
extradition on charges that, among other things, he masterminded a $13 million
swindle of senior citizens in Florida.
.
The other is his business
partner, Ari Ben-Menashe, a self-professed former Israeli intelligence agent. He
gained fame in the 1980s by accusing Ronald Reagan of manipulating the release
of American hostages in Iran to secure his election victory. The U.S. Congress
later investigated and dismissed that charge, pronouncing Ben-Menashe a talented
liar.
.
Whether their past is prologue is at the center of the trial
concluding this week. Operating as Dickens Madson, a Montreal-based consulting
firm, the two men struck a $100,000 deal with Tsvangirai's party in 2001 whose
purpose is at the core of the trial.
.
Tsvangirai has insisted in court
that his party hired the firm to lobby for its interests in the United States.
His supporters say that he was duped: that Dickens Madson was running a sting
operation for Mugabe's authoritarian government, seeking to entrap Tsvangirai
into making damning statements that would discredit the Zimbabwe opposition.
.
Ben-Menashe, in a lengthy telephone interview Monday from his Montreal
office, gave his version: "He tried to hire us to do a coup d'état and kill
Mugabe. The tape speaks for itself."
.
What the five and a half hours of
tape says depends in large part on defining the word "kill." In court,
Tsvangirai's lawyer, George Bizos, argued that Ben-Menashe ambiguously referred
only to the "elimination" of Mugabe, without saying "murder" or "kill" - except
in one instance, after which an agitated Tsvangirai left the meeting.
.
Bizos also argued in court filings that up to 30 percent of the
videotape is illegible or inaudible, and that key phrases, like "termination" or
"determination," are in dispute.
.
Tsvangirai's lawyers have built much
of their defense on destroying the credibility of Ben-Menashe and Legault.
.
Before establishing Dickens Madson, Ben-Menashe was a foreign agent for
Legault's Montreal-based firm, Carlington Shipping, which advertised itself as a
commodities broker. Ben-Menashe said such charges were "garbage."
.
Legault was unavailable to testify. He fled Montreal in 2002, after
more than a decade of fending off U.S. demands for his extradition.
.
Tsvangirai's supporters say he was steered to Dickens Madson by a
trusted supporter, with hints that the firm could funnel immense sums of money
to his cause from American Jews. In truth, court records show, Dickens Madson
received $615,000 from Zimbabwe's government in the period surrounding their
covert videotaping of Tsvangirai.
.
In the interview, Ben-Menashe allowed
that he had known Mugabe since 1985. But he denied that the government's
payments to Dickens Madson were for entrapping Tsvangirai, saying that they were
for unrelated consulting work.
.
Rather, he has said, Tsvangirai
approached the firm with an assassination plot, not knowing its links to Mugabe,
through an extraordinary stroke of bad luck.
.
The New York Times
Treason case nears end in Zimbabwe
JOHANNESBURG After a year of
hearings, depositions and near-ceaseless publicity, lawyers for Zimbabwe's
government and its main political opposition began closing arguments on Tuesday
in Harare, the capital, in what is surely one of the more curious treason
trials.
.
The leader of the opposition Movement for Democratic Change,
Morgan Tsvangirai, is charged with plotting to assassinate President Robert
Mugabe. The evidence, a lengthy videotape in which Tsvangirai is seen relishing
the prospect of his rise to power in a post-Mugabe era, is said by the
government to be unimpeachable.
.
The authors of the videotape, however,
are anything but. One is Alexandre Legault, an American who disappeared last
year after being sought for extradition on charges that, among other things, he
masterminded a $13 million swindle of senior citizens in Florida.
.
The
other is his business partner, Ari Ben-Menashe, a self-professed former Israeli
intelligence agent. He gained fame in the 1980s by accusing Ronald Reagan of
manipulating the release of American hostages in Iran to secure his election
victory. The U.S. Congress later investigated and dismissed that charge,
pronouncing Ben-Menashe a talented liar.
.
Whether their past is prologue
is at the center of the trial concluding this week. Operating as Dickens Madson,
a Montreal-based consulting firm, the two men struck a $100,000 deal with
Tsvangirai's party in 2001 whose purpose is at the core of the trial.
.
Tsvangirai has insisted in court that his party hired the firm to lobby
for its interests in the United States. His supporters say that he was duped:
that Dickens Madson was running a sting operation for Mugabe's authoritarian
government, seeking to entrap Tsvangirai into making damning statements that
would discredit the Zimbabwe opposition.
.
Ben-Menashe, in a lengthy
telephone interview Monday from his Montreal office, gave his version: "He tried
to hire us to do a coup d'état and kill Mugabe. The tape speaks for itself."
.
What the five and a half hours of tape says depends in large part on
defining the word "kill." In court, Tsvangirai's lawyer, George Bizos, argued
that Ben-Menashe ambiguously referred only to the "elimination" of Mugabe,
without saying "murder" or "kill" - except in one instance, after which an
agitated Tsvangirai left the meeting.
.
Bizos also argued in court
filings that up to 30 percent of the videotape is illegible or inaudible, and
that key phrases, like "termination" or "determination," are in dispute.
.
Tsvangirai's lawyers have built much of their defense on destroying the
credibility of Ben-Menashe and Legault.
.
Before establishing Dickens
Madson, Ben-Menashe was a foreign agent for Legault's Montreal-based firm,
Carlington Shipping, which advertised itself as a commodities broker.
Ben-Menashe said such charges were "garbage."
.
Legault was unavailable
to testify. He fled Montreal in 2002, after more than a decade of fending off
U.S. demands for his extradition.
.
Tsvangirai's supporters say he was
steered to Dickens Madson by a trusted supporter, with hints that the firm could
funnel immense sums of money to his cause from American Jews. In truth, court
records show, Dickens Madson received $615,000 from Zimbabwe's government in the
period surrounding their covert videotaping of Tsvangirai.
.
In the
interview, Ben-Menashe allowed that he had known Mugabe since 1985. But he
denied that the government's payments to Dickens Madson were for entrapping
Tsvangirai, saying that they were for unrelated consulting work.
.
Rather, he has said, Tsvangirai approached the firm with an
assassination plot, not knowing its links to Mugabe, through an extraordinary
stroke of bad luck.
.
The New York Times
Treason case nears end in
Zimbabwe
JOHANNESBURG After a year of hearings, depositions and
near-ceaseless publicity, lawyers for Zimbabwe's government and its main
political opposition began closing arguments on Tuesday in Harare, the capital,
in what is surely one of the more curious treason trials.
.
The leader of
the opposition Movement for Democratic Change, Morgan Tsvangirai, is charged
with plotting to assassinate President Robert Mugabe. The evidence, a lengthy
videotape in which Tsvangirai is seen relishing the prospect of his rise to
power in a post-Mugabe era, is said by the government to be unimpeachable.
.
The authors of the videotape, however, are anything but. One is
Alexandre Legault, an American who disappeared last year after being sought for
extradition on charges that, among other things, he masterminded a $13 million
swindle of senior citizens in Florida.
.
The other is his business
partner, Ari Ben-Menashe, a self-professed former Israeli intelligence agent. He
gained fame in the 1980s by accusing Ronald Reagan of manipulating the release
of American hostages in Iran to secure his election victory. The U.S. Congress
later investigated and dismissed that charge, pronouncing Ben-Menashe a talented
liar.
.
Whether their past is prologue is at the center of the trial
concluding this week. Operating as Dickens Madson, a Montreal-based consulting
firm, the two men struck a $100,000 deal with Tsvangirai's party in 2001 whose
purpose is at the core of the trial.
.
Tsvangirai has insisted in court
that his party hired the firm to lobby for its interests in the United States.
His supporters say that he was duped: that Dickens Madson was running a sting
operation for Mugabe's authoritarian government, seeking to entrap Tsvangirai
into making damning statements that would discredit the Zimbabwe opposition.
.
Ben-Menashe, in a lengthy telephone interview Monday from his Montreal
office, gave his version: "He tried to hire us to do a coup d'état and kill
Mugabe. The tape speaks for itself."
.
What the five and a half hours of
tape says depends in large part on defining the word "kill." In court,
Tsvangirai's lawyer, George Bizos, argued that Ben-Menashe ambiguously referred
only to the "elimination" of Mugabe, without saying "murder" or "kill" - except
in one instance, after which an agitated Tsvangirai left the meeting.
.
Bizos also argued in court filings that up to 30 percent of the
videotape is illegible or inaudible, and that key phrases, like "termination" or
"determination," are in dispute.
.
Tsvangirai's lawyers have built much
of their defense on destroying the credibility of Ben-Menashe and Legault.
.
Before establishing Dickens Madson, Ben-Menashe was a foreign agent for
Legault's Montreal-based firm, Carlington Shipping, which advertised itself as a
commodities broker. Ben-Menashe said such charges were "garbage."
.
Legault was unavailable to testify. He fled Montreal in 2002, after
more than a decade of fending off U.S. demands for his extradition.
.
Tsvangirai's supporters say he was steered to Dickens Madson by a
trusted supporter, with hints that the firm could funnel immense sums of money
to his cause from American Jews. In truth, court records show, Dickens Madson
received $615,000 from Zimbabwe's government in the period surrounding their
covert videotaping of Tsvangirai.
.
In the interview, Ben-Menashe allowed
that he had known Mugabe since 1985. But he denied that the government's
payments to Dickens Madson were for entrapping Tsvangirai, saying that they were
for unrelated consulting work.
.
Rather, he has said, Tsvangirai
approached the firm with an assassination plot, not knowing its links to Mugabe,
through an extraordinary stroke of bad luck.
.
The New York Times
JAG CLASSIFIED: Updated 24th February 2004
Please send any classified adverts
for publication in this newsletter to:
JAG Job Opportunities <justice@telco.co.zw>
--------------------------------------------------------------------------
1.
Advert Received 7th February 2004
Please add to your JCL
2002
Nissan pick-up 2.0 litre 4x2 single cab.Petrol driven,white in
colour.Milage:
16 000 km's 15" Mags virtually brand new.
Vehicle in Bulawayo. Price:$ 70'
000' 000 (Seventy Million)
Contact: lde@netconnect.co.zw
Thanks and best
regards.
Merilyn de
Vries
---------------------------------------------------------------------------
2.
Advert Received 11th February 2004
If you can add this ad to your
classifieds it would be appreciated:
Two young bull calves for sale - tel
Dr Batchelor 882613 or e-mail
364363@ecoweb.co.zw
Thanks.
---------------------------------------------------------------------------
3.
Advert Received 11th February 2004
Ridgeback Pioneers
I began
researching this subject in 1997 while still living in Zimbabwe -
and have
amassed an interesting collection of old photographs and stories
of the early
Ridgeback dogs and their owners. Most information has come
from friends and
relatives of the early farming folk who made this breed
what it is today.
Very often the photos show the dogs lurking off at the
side of the photo, and
not necessarily being the focus of the picture. You
would be surprised what
marvellous photos there are of dogs lurking in old
family albums. I am now
living in Australia, and it is my intention to
privately publish a small book
with my findings to give credit to the
founders of the breed, and their
dogs.
The breed was officially founded in 1922, but there have been
ridged dogs
for a very long time in Africa. There was a nucleus of breeders
in Bulawayo
and surrounds, and in Mashonaland too during the 20's and 30's -
in
particular in the Umvurwe/Centenary, Shamva/Bindura, and Banket areas.
I
have talked on my research to the History Society of Zimbabwe, the
Kennel
Club of Bloemfontein, and later this year will be speaking in Texas at
the
Ridgeback World Congress to be held there.
I am interested in
photos and stories of any ridged dogs, or indeed any
hunting dogs that were
used in the early days, regardless of whether they
were registered dogs or
not, as they make up a fascinating blueprint for
the breeders of today. If
any reader could assist me to enlarge my
collection, or suggest other ways
that I might, I would be extremely
grateful. My husband regularly returns to
Zimbabwe on business, and is able
to arrange scanning, copying, and
collecting of any information. I have
several contacts in Bulawayo who have
assisted me in such matters in the
past, and we also have an office in
Willowvale.
Many thanks and regards,
Linda Costa
Buderim
Queensland Australia
sarula@pacific.net.au
---------------------------------------------------------------------------
4.
Advert Received 12th February 2004
CONCRETE MIXER FOR SALE
ATIKA
Beton Morter from Germany, brand new, original colour from
manufacturer with
wheels and tyres. Small capacity for home use. Rotates
electrically, spins
with steering wheel. Extended cable. Works with single
phase (domestic)
electricity. Offers
Tel. 04-304131, 091 324287, 023
814189.
---------------------------------------------------------------------------
5.
Advert Received 16th February 2004
----- Original Message -----
From:
Miller
To: justice@telco.co.zw
Sent: Monday,
February 16, 2004 10:34 AM
Subject: ASSORTMENTS
As Im returning to NZ
after 19years here, I have childrens books, clothes
and a variety of other
bits n pieces.
Is there anywhere I can leave this?
Would rather donate
this to a worthy organisation.
Regards
Pat
Miller
---------------------------------------------------------------------------
6.
Advert Received 18th February 2004
Business premises urgently wanted.
(Mainly for offices)
Please contact us on
04-495980
091259726 Miss
B.Green
011602881 Mr L.Trumper
Or
email us on clauct@mweb.co.zw
---------------------------------------------------------------------------
7.
Advert Received 23rd February 2004
FOR SALE
MASSEY FERGUSON
GENERATOR
MF930 85KVA
Telephone (04)665398
Cell 091
253999
--------------------------------------------------------------------------
8.
Advert Received 23rd February 2004
Please could you put the following out
on your classifieds :
Chemicals for sale :
Accotab 5 x 20l @ $500
000 ea; Agrithin 5 x 5l @ $130 000 ea;
Dimethoate 4 x 5l @ $60 000
ea;
Alachlor 10 x 20l @ $450 000 ea; Tamaron 3 x 25l @ $500 000 ea;
Baytan
3 x 5kg @ $500 000ea;
Atrazine 3 x 20l @ $325 000 ea; Benlate 9 x
1kg @ $60 000 ea; Orthene
16 x 0.5kg @ $25 000 ea;
EDB 17 x 57l @ $1m
each.
---------------------------------------------------------------------------
9.
Advert Repeated 24th February 2004
*We sell fresh fruit and vegetables to
everybody at market prices.
*Fresh produce sold in a friendly and
transparent manner.
*Small packs of 1 kg of "in season" produce now
available at fair prices.
Please contact Neville, Sue, Clever or Willy @
09-64289 between 0600 and
1400 hours Monday to Saturday. Closed on
Sundays.
---------------------------------------------------------------------------
For
the latest listings of accommodation available for farmers, contact
justiceforagriculture@zol.co.zw
(updated 24th Feburary 2004)
JAG OPEN LETTER FORUM
Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet:
www.justiceforagriculture.com
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.
---------------------------------------------------------------------------
Prelude
text JAG OLF 237 24TH FEBRUARY
2004
---------------------------------------------------------------------------
Letter
1: Dear Sir,
In reference primarily to letter 3 of 20/04 but really as a
standing
statement most of us have forgotten
` No one deserves an
assault of any kind under any circumstances, and
certainly, no one invites
it.
Helen
Clarke
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
JUSTICE FOR AGRICULTURE URGENT APPEAL COMMUNIQUÉ - February 24,
2004
Email: justice@telco.co.zw;
justiceforagriculture@zol.co.zw
Internet:
www.justiceforagriculture.com
--------------------------------------------------------------------------
JAG
URGENT APPEAL FOR INFORMATION ON CONFLICT OF INTEREST IN PARLIAMENT
:
COLTART'S LIST
A separate LEGAL COMMUNIQUÉ has a transcript of
extracts from the
Parliamentary debate on the Land Acquisition Amendment Bill
on the 21st and
22nd of January 2004.
The unanimous Adverse Report of
the Parliamentary Legal Committee on the
BILL and a list of MP's and the
constituencies represented by them are also
attached to that Legal
Communiqué. [Another Report by the Lands Portfolio
Committe was supressed and
can't be published]
The main import of the Bill was to condone govt
ignoring the principles of
its own programme and seizing all non-State farms
rather than the 5 m
hectares they had said would be needed.
MDC's
shadow Minister of Justice, Legal & Parliamentary Affairs Dave
Coltart
questioned the legal right of Patrick Chinamasa and other MPs to
participate
in the debate & votes in view of personal pecuniary interests
they had
been given in the programme being debated, as beneficiaries of the
State
acquisitions since May 2000.
The majority rejected that (and the
Parliamentary Legal Committtee's
Report) and resolved to set up a
Parliamentary Committee of Enquiry to
establish the veracity or otherwise of
the tabled list of MP's reported to
have such an pecuniary interest through
allocations of land.
A copy of the List Coltart tabled is attached. In
the absence of any
transparency yet from govt it was based on various reports
received. While
it is expected Govt will now make a full list available, this
is by no
means guaranteed, and the proceedings before such committees can be
more
like the Star Chambers or some kangaroo court than those of any
body
applying normal rules of natural justice. The charge is a serious
one.
WILL ALL FARMERS OR OWNERS OF PROPERTIES APPEARING ON COLTART'S LIST
and
ANYONE ELSE with any information relating to either the listed farms
or
listed MPs urgently contact DAVID COLTART MP or SHEILA JARVIS of
ATHERSTONE
& COOK or the JAG OFFICE on the email addresses below and/or
phone them or
drop off a letter with what you can.
ALSO anyone with
any information relating to ANY OTHER MP [or judges] WHO
has benefitted from
Fast Track is asked to inform us. As allocations are
officially "per
Household" any allocations to a spouse are also relevant.
Some MPs like the
Chinamasas have reportedly moved from farm to farm, and
information on any
earlier holdings is also useful.
Please pass this on to anyone you know
inside or outside Zimbabwe who may
be able to help.
We will follow up
leads where-ever direct info is not available.
Documentation will also be
most welcome, or simply the name of the lawyer
dealing with the farm and
authority to get copies from him.
As can be seen from the transcript of
debate, opposition MPs like David
Coultart batted extremely hard against the
passing of this blatantly
unconstitutional Bill. Reciprocity with regard to
information relating to
this list and the gathering of more updated
information is the order of the
day and the least we, as farmers, can
do.
DAVID COULTART coltart@mweb.co.zw or ph contact details to
Webb, Low and
Barry 09-64481
SHEILA JARVIS sj@praetor.co.zw ph 704244 fax 705180
JAG
justiceforagriculture@zol.co.zw
ph 799410
Justice@telco.co.zw
COLTART'S LIST:
list of some MPs reportedly having a Pecuniary Interest
through allocations
(both in passage of Bill and in curtailing debate on it)
Chapfika V The
Grove
Chauke E Farm 748 Ngwindi Sugar Estate, Chiredzi
" Sikato 10,
Masvingo
Chinamasa Patrick & Spouse Sub division 1 Nyamazura
Lot 1 of
Mirror
Rocklands, Marondera
Lawrence Dale 3 and part of Lawrence Dale 4,
Headlands
Chinamasa's Sister Buffalo Downs
Chindori-Chininga Calgary @
Mazowe (1500 has, taken from A1)
Chimutengwende Brock Park Farm and Bemill
Park
Chipanga S First Everton, then Crofton, Rusape
Chitango V Showers
"B"
Chombo I Allan Grange (300ha) + Oldham, Chegutu
Dokore L
Barnwell
Dzinzi N Dendere
Gasela E Forest Extension 2
Gumbo J Lot 21a
Nuanetsi Ranch and Wolwehoek 1299ha Mwenezi
Gumbo R Fauna
Hungwe J D Lot
21a Nuanetsi Ranch and Bryn Farm, Chegutu
Kasukuwere, Saviour Harmony Farm,
Mazoe 500ha
" Pimento Farm
" Bamboo Creek
" Bretton Farm
Made Dr J
Causeway Farm
" Tara Farm
Madzongwe E Bourne and Corburn 13,
Chegutu
Mahofa S Zaka Scheme Plots, Lothian at Gutu
" Spring Farm
"
Lochinvar
" Eyrie/Lauder/Wragley
Mangange C Hippo Valley
Settlement
Mangwende, Witness Rudolphia Farm, Arcturus
Manyika Elliot
Duiker Flats
" Sub Division of Caledon
Mashwita V & spouse
Dendere/Harmony and Watakari, Mazoe
Matiza B Highlands
Midzi Amos Magudu
Ranch
Mohadi K + Mrs Bothasrus and Bea Ranch, Beit Bridge
Moyo Prof J
Little Connemara 1, Inyanga
" Patterson, Mazoe
" Lot 3a Dete Valley,
Lupane (through Eternity Trading)
Mpofu O Auchenburg, Nyamandlovu
" Umguza
Block, Umguza; [and one purchased?]
" Lot 40 of Dete Valley
Msika Umguza
Block (Nephew on Broadlands, Sister on Harmony)
Muchena, Olivia
Eastwolds
Mudenge S Chikore Farm, Masvingo
Mugabe S Remaining extent Mleme
1037 ha
" Longwood 924 ha
" Gowrie Farm, Norton
" Audley End
" Zvim
Golden Stairs?
Mumbengegwe Irvine Farm
" Vosloo Farm
Mutasa D Beazil
Grange
" Lone Kop
Muwerwa Dr H Causeway Farm
Ncube A Makhado
Outspan
Nyoni S Fountain Farm Insiza (was planned for youth
training)
Parirenyatwa Dr D Rudolphia Farm, Arcturus
Sekeremayi S Ulva,
Marondera (displacing 21 families)
Shumba I Moira Ranch, Mateke
JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUÉ - February 24, 2004
Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet:
www.justiceforagriculture.com
JAG
JLC
11
--------------------------------------------------------------------------
1.
Parliamentary Debates Wednesday 21st and Thursday 22nd January 2004
regarding
the Land Acquisition Act and Hon Coltart's point of order
Wednesday 21st
January 2004
MR. COLTART:
On a point of order Mr. Chairman. In
terms of Section 17 of the Privileges
Immunities and the Powers of Parliament
Act Chapter 2:08 which, if I may
read, states in Subsection 2 (a) a "member
who in or before a parliamentary
committee takes part in the discussion of
any matter in which he has a
direct pecuniary interest -that person - shall
be guilty of an offence and
liable to a fine not exceeding $6 000.00 or
imprisonment for a period not
exceeding 4 years or to both such fine and such
imprisonment".
There is a proviso to that in Subsection 2, which says it
shall not apply
to an interest which a member may have in any matter in
common with the
public generally. The hon. Member has reportedly sought to
acquire
Lawrence dale 4 Farm in Headlands which is owned by one Richard
Yates.
Mr. Yates had applied for an LA3 Agreement*
MR. DEPUTY
CHAIRMAN: (Hon L. Dokora)
Order. I am trying to understand your point of
order. Can you arrive at
it?
MR COLTART:
I shall but I have to
lay out the factual allegations for the breach of the
law. The hon. Member
in terms of the Land Reform Programme has occupied
Lawrence Dale Farm in
breach of the law. The owner of that property Mr.
Yates entered into an LA 3
Agreement, which is the subject sought to be
addressed in section (3)
subsection (2) of the proposed Bill, which seeks
to repeal these LA 3
agreements. The point is that the hon. Minister has a
direct pecuniary
interest in seeking the repeal of all these LA3 agreements
along with other
Members of Parliament and therefore, is committing a
criminal act in speaking
in this debate. I also table the list of Members
of Parliament who have
reportedly acquired property and their names are
here and their farms are
listed on the table.
LIST of some MPs reportedly having a Pecuniary
Interest through allocations
(Both in passage of Bill and in curtailing
debate on it)
Chapfika V the Grove
Chauke E Farm 748 Ngwindi Sugar Estate,
Chiredzi
" Sikato 10, Masvingo
Chinamasa Patrick & Spouse Sub division
1 Nyamazuea
Lot 1 of Mirror
Rocklands, Marondera
Lawrence
Dale 3 and part of Lawrence Dale 4, Headlands
Chindori-Chininga Calgary @
Mazowe (1500 has, taken from A1)
Chimutengwende Brock Park Farm and Bernill
Park
Chipanga S First Everton, the Crofton, Rusape
Chitango V Showers
"B"
Chombo I Allan Grange (300ha) + Oldham, Chegutu
Dokora L
Barnwell
Dzini N Dendere
Gasela E Forest Extension 2
Gumbo J Lot21a
Nuanetsi Ranch and Wolwehoek 1299ha Mwenezi
Gumbo R Fauna
Hungwe J D Lot
21a Nuanetsi Ranch and Bryn Farm, Chegutu
Kasukuwere, Saviour Harmony Farm,
Mazoe 500ha
" Pimento Farm
" Bamboo Creek
" Bretton Farm
Dr J Made
Causeway Farm
" Tara Farm
Madzongwe E Bourne and Corburn 13,
Chegutu
Mahofa S Zaka Scheme Plots, Lothian at Gutu
" Spring Farm
"
Lochinvar
" Eyrie/Lauder/Wragley
Mangange C Hippo Valley
Settlement
Mangwende, Witness Rudolphia Farm, Arcturus
Manyika Elliot
Duiker Flats
" Sub Division of Caledon
Matiza B Highlands
Midzi Amos
Magudu Ranch
Mohadi K + Mrs Bothasrus and Bea Ranch, Beit Bridge
Moyo Prof
J Little Connemara 1, Inyanga
" Patterson, Mazoe
" Lot 3a Dete Valley,
Lupane (through Eternity
Trading)
Mpofu O Auchenburg, Nyamandlovu
"
Umgiza; [and one purchased?]
` Lot 40 of Dete Valley
Msika Umguza Block
(Nephew on Broadlands, Sister on
Harmony)
Muchena, Olivia
Eastwolds
Mudenge S Chikore Farm, Masvingo
Mugabe S Remaining extent Mleme
1037 ha
" Longwood 924 ha
" Gowrie Farm, Norton
" Audley End
" Zvim
Golden Stairs?
Mutasa D Beazil Grange
" Lone Kop
Murerwa Dr H Causeway
Farm
Ncube A Makhado Outspan
Nyoni S Fountain Farm Insiza (was planned for
youth
training)
Parirenyatwa Dr D Rudolphia Farm, Arcturus
Sekeremayi S
Ulva, Marondera (displacing 21 families)
Shumba I Moira Ranch,
Mateke
These members are potentially guilty of a criminal offence if they
debate
this matter. The point I seek is that those members be barred
from
participating in this debate - [HON. MEMBERS: Inaudible
interjections.]
THE DEPUTY CHAIRMAN: The point of order raised by Hon
Coltart is a matter
that will be studied and the ruling will be given at a
later stage by the
Chair - [MR. BITI: Then suspend the debate until the
ruling of that matter
because it is a matter of substance] - [HON. MEMBERS:
Inaudible
interjections]
MR. CHAIBVA: On a further point of order. The
point of order raised by Mr.
Coltart touches on the fundamental issues that
will be further deliberated
upon in this House. What it means is that there
is no way we can proceed
even on making deliberations on aspects of the
Report until the ruling has
been made.
THE DEPUTY CHAIRMAN: Order. The
Chair has made a position clear. That is
not debatable. Hon. Chinamasa
rise.
MR. CHAIBVA: Once you allow him to debate, then he is committing
an
offence. He cannot debate because he has got three farms - [MR.
CHINAMASA:
You are lying.]
THE DEPUTY CHAIRMAN: Order. If the Hon.
Member persists, we have the
capacity to escort him out of the Chamber - [MR.
CHAIBVA: The Chair must
make a ruling.] - [HON. MEMBERS: Inaudible
interjections] - Order - [MR.
CHAIBVA: You must make a determination] - Hon.
Chaibva, if you continue
this, you will be escorted - [MR. CHAIBVA: Inaudible
interjections] -
Please escort Mr. Chaibva out of the Chamber.
Mr.
Chaibva escorted out of the Chamber.
THE DEPUTY CHAIRMAN: We must make
reasonable noise - [MR. BITI: You must
make a ruling] - Hon Biti you must-
[MR BITI: Chinamasa owns four farms] -
[MR. CHINAMASA: That is a lie. It is
not true what he said there. Why do
you not ask?] - Order. Will you escort
Mr. Biti out of the Chamber?
Mr. Biti escorted out of the Chamber - [HON
MEMBERS: Inaudible
interjections]
THE DEPUTY CHAIRMAN:
Order.
MR. NYATHI: On a point of order. The Hon. Minister of Justice has
just
passed an un-Parliamentary remark towards Hon. Coltart. He called him
a
racist liar. Can he withdraw the words? - [HON. MEMBERS: Yes he
is.]
THE DEPUTY CHAIRMAN: Order! Order! The Chair believes Hon Coltart
can speak
for himself. However if the Minister did say so, could he please
withdraw -
[HON> MEMBERS: Inaudible interjections]
THE MINISTER OF
JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS: (MR. CHINAMASA):
Mr. Chairman,
I did say so and it is true - [HON> MEMBERS: Inaudible
interjections] -
the information that the Hon member has submitted is
false. I do not have
four farms. I have only one farm allocated to me, and
it is Lawrence Dale 3,
not Lawrence Dale 4 - [HON. MEMBERS: Inaudible
interjections.]
Mr.
Chairman, let me once again say that I was not allocated four farms. I
have
been allocated by the acquiring authority only one farm and it is
Lawrence
Dale 3, not Lawrence Dale 4 and it used to belong to Mr. Richards.
I know
that the MDC and I am sure the Hon Coltart have been putting on the
Internet,
in overseas publications and in South Africa that I was allocated
four farms.
That is false. If you continue saying that you remain a liar. -
[HON COLTART:
Inaudible interjections] - You knew it was false. Have you
been to Rocklands?
Have you seen me at Rocklands? - [HON MEMBERS:
Inaudible
interjections.]
THE DEPUTY CHAIRMAN: Order! Order! Hon.
Chinamasa, I have asked you to
withdraw the statement - [HON MEMBERS:
Inaudible interjections]
THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY
AFFAIRS [MR. CHINAMASA]: I
withdraw Mr. Chairman.
MR. GASELA: On a
point of order.
THE DEPUTY CHAIRMAN: No further points of order please. -
[HON MEMBERS:
Inaudible interjections]
THE MINISTER OF JUSTICE, LEGAL
AND PARLIAMENTARY AFFAIRS [MR CHIAMASA]: Mr
Chairman, I rise to object to the
adoption of the report of the
Parliamentary Legal Committee which has been
submitted by the Acting
Chairperson of the Parliamentary Legal Committee.
LATER . . .
MR. COLTART: I would like to make the following
points: The Minister says
that all the constitution decrees is that there be
service and he correctly
says that is does not decree the manner of service
and he points out that
there are a variety of ways of serving notices
including the post. The
point, however, Mr. Chairman is what is reasonable?
The Constitution does
not say there must be a specific type of service. It
is specific however
that there must be reasonable service. In considering
what is reasonable
we have to take into account the context of this piece of
law. This is not
a summons for defamation, a summons for divorce which is
being served.
This, in many cases, affects the entire livelihood of the
owner. We must
bear in mind Mr. Chairman that we are debating laws that do
not just apply
to existing white commercial farmers but a law which will
become the law of
Zimbabwe in the future. My colleagues should consider
whether they want
certain inequities to be applied to them in the future. In
future a new
government can just publish in the Gazette without giving them
reasonable
notice and behind their backs. That is bad law for the future
and
unconstitutional.
What the hon. Minister has in fact done is not
to give a defence on
constitutional grounds; he has given a defence on the
grounds of the
problems which they are facing at present because of the
Ministry's own
ineptitude. Had they been efficient, there would never have
been a need
for this. Some farmers who have had as many as 5 or 6 notices
served on
them. Why is that? Why was the first one invalid? The regime has
found
that the service is not valid. Records are not being kept properly
and
that is why they need this type of provision. But that is not a defence
to
avoid constitutional obligations. That is the problem that they
have
created. In a matter like this where there are such serious
consequences
the type of service is vitally important and that is why this
political
party ZANU PF in 1992 decreed that there be publication in the
Gazette,
publication in a newspaper and service of the notice. It simply is
no
justification, no excuse, to fail to serve on land owners who are now
in
Australia or Zambia or wherever they are. There are farm
organizations
that have details of where these farmers are residing. It
remains
unconstitutional.
Mr. Chairman, I raise a second point in this
regard which is in the form of
a question. We are told by the government
that all the land has been
acquired. We are told that the Land Reform
Programme is over; the regime
speaks of former land owners. If that is the
case, why is there need for
this provision in the first place?
There
clearly is no need unless what they say is false which indeed is
the
reality. The factual reality is that I think I can count on one hand
the
number of properties which have been lawfully acquired and this is simply
a
means to short circuit the obligations contained in the existing law
and
the Constitution. That is no reason to breach the
Constitution.
Let me turn to the issue of section 3. Mr. Chairman
section 3 deals with
the revocation of agreements reached in terms of the
so-called LA 3s.
Once again Mr. Chairman, we have a situation created by
the ineptitude of
this administration. These LA 3s have been entered into in
good faith by
many farmers who negotiated with the government. We have here
the hon.
Governor for Midlands who maintained peace in his province by
promoting the
concept of these LA 3s which were entered into in good faith
between the
existing farmers and the government. But now what is happening
Mr.
Chairman is that the government or individuals within it have come
to
realise that there are insufficient cherries to hand out and they now
need
to pick these remaining cherries. The Constitution does not allow
that.
These are agreements which were entered into in good faith; these
farmers
who have entered into these agreements have a right to go to court to
have
their rights determined. The removal of that right to due process of
law
is a direct violation of section 18 of the Constitution.
I turn to
section 8 - the repeal of the Hippo Valley Agreement Act. The
hon. Minister
has said quite correctly that section 22 of that Act creates
very special
rights for those farmers. He says that the government has the
right to
recover that State land. The farmers had special rights to seek
an
evaluation and to seek compensation and the regime now seeks to ignore
the
factual circumstances surrounding what lead to these special rights.
The hon.
Minister is liberal with the truth when he says that the State
developed
these properties. The State did not develop Hippo Valley and
Triangle; that
was virtually entirely through private enterprise. Once
again Mr. Chairman,
the hon. Minister uses a problem to justify a breach of
the Constitution.
The problem is that we are now four years down this
exercise and suddenly the
Supreme Court comes up with an order which says
that the Hippo Valley Act
must be compiled with. He then tries to use that
problem as justification
for breaching the Constitution. You simply cannot
do that.
And
finally Mr. Chairman, I want to touch on Clause 9. He points out that
the
new Land Reform Programme states that the criteria are non binding. The
words
non binding mean something altogether different to what is contained
in
Section 2 (a) which says that this criteria shall not constitute
valid
grounds for any objection to the imposition of any land. There are
reasons
why particular properties should not be acquired in terms of section
7 and
what these provisions do is it to remove any arguments in defence of
an
application to acquire which is something altogether different to
binding
the court to accepting those criteria. It means in essence that
those
arguments, regarding the fact for example that a farmer has only one
farm,
cannot be raised in any way.
I see that my time is running out.
Mr. Chairman, in conclusion I would
like to say in all the arguments he has
used do not justify the proposed
contraventions of the Constitution. If we go
down this route, for example
of reneging on agreements entered into by this
existing government, we can
kiss goodbye to any hope we have as a nation of
ever seeking any
rapprochement with IMF.
Later . . .
MR
COLTART: I do not want to debate but I do want to raise a point of
order
which was raised in the Committee - [HON. MEMBERS:
Inaudible
interjections:]
MR. SPEAKER: [Mr. Mnangagwa]
Order.
MR. COLTART: The Chairman said that he would reserve decision and
hand it
down. I wish to raise a point of order again so that you can make
a
decision on it.
MR. SPEAKER: Order. The hon. Member is out of
order.
MR. COLTART: I want to raise a point of order again. This motion
has been
moved by the hon. Minister of Justice.
MR. SPEAKER: Order.
Raise your point of order.
MR. COLTART: My point of order...
MR.
SPEAKER: I understand that a ruling has been made by the Chairman
of
Committees.
MR. COLTART: No ruling has been made.
MR.
SPEAKER: I was advised that the Chair made a decision that he would
make a
ruling.
MR. COLTART: Have you made it?
MR. SPEAKER: This House
resolves that no provision of the Land Acquisition
Amendment Bill (H.B. 15,
2003), if enacted will be in contravention of the
Declaration of Rights or
some provision of the constitution.
Motion put and agreed
to.
LATER . . .
MR. J.M. GUMBO: I rise to interrupt the discussion
that is taking place now
on a matter of Privileges and Immunities that during
the debate on the Land
Acquisition Amendment Act Hon Coltart did present a
list of names which he
said have more than one farm and that they should not
contribute to the
debate. On the list Mr Speaker, the information that he has
provided is not
true and it is therefore damaging some of the members here. I
want to read
to you Mr Speaker that according to Appendix B, Schedules to the
Privileges
and Immunities of Parliament Act [Chapter 2:08] relating to
subsection (5)
representing to Parliament or a Committee any false, untrue
fabricated
documents with intent to deceive Parliament or Committee. I am
standing
here to argue Mr Speaker, so that you can make a ruling or study
this
information that has been provided to the House and make your ruling on
it
with the intention of punishing the people that might be making
false
information in order to damage the image of Parliament to please
whoever
they want to please.
MR SPEAKER: Order. The Speaker and the
Chair will study the matter and I
will give a written ruling tomorrow.
Thursday 22nd January 2004
MR. COLTART: Mr. Speaker, for all the humour
that we have seen this
afternoon, I in fact find very little humour in the
situation that we face
in this House, I think it is tragic that we are
debating a Bill that is
going to compound a situation which is already
catastrophic in our nation.
For all the propaganda that this will put our
nation in - my colleague hon.
Biti spoke about driving from Bulawayo to
Harare and I recommend to you to
do so. It is catastrophic. No amount of
propaganda can get around that
situation. No amount of propaganda can get
around the prevalence of AIDS in
our country. No amount of propaganda can
get around the numbers of people
who are dying of AIDS, who are dying
silently are very high, No amount of
propaganda can get around the horrendous
levels of inflation in this
country. For all the talk of inflation coming
down and the dollar
strengthening - we are a long way from being out of the
woods. We come to
Parliament, as I said, to debate the Bill that is only
going to compound
this situation, it offers no solutions to the crises that
we face.
Turning to the specifics of this Bill, the other harsh reality
is that for
all the propaganda, for all the wonderful dirties and songs that
we play
every half an hour - the reality on the ground is that the Land
Reform
Programme is a failure.
It is a failure in two respects. The
first respect is that it has failed
because it has failed to empower the
landless. It has failed to feed our
nation. It has failed to assist our
GDP. If anyone seeks to dispute that,
I challenge my Hon, friend to drive
with me back to Bulawayo. Let us face
reality. We are now in the third week
if January and the vast majority of
crops are a foot or two - [HON. MEMBERS:
Inaudible interjections] - The
harsh reality is that come April or May,
hundreds of thousands Zimbabweans
are not going to get sufficient food.
Without the benevolence of the very
countries that we denigrate in day out,
the reality is that hundreds of
thousands of Zimbabweans will starve to death
- [HON MEMBERS: Inaudible
interjections] - Mr. Speaker, all these provisions
are not going to assist
in productivity. They simply enable this regime to
acquire without going
to the loopholes provided by the legal
system.
The second reason why this is a failure is that this programme
has been
touted as a programme that is going to bring equity and redress
colonial
injustices. Anyone in his right mind knows the historical
injustices and
that there were unsustainable. Mr. Speaker, you yourself
congratulated me
in the Member's Lobby in 2001 when I spoke out in support of
the Land
Reform in Washington. Do you recall that? Every person in his
right mind
supports the Land Reform but all the programme has managed to
achieve is
the impoverishment of the people who really need the land and
enrichment of
a tiny click. It is in that context Mr. Speaker that laudable
objective of
transferring land from a small elite minority to the people has
failed.
This is because all that happened is that we have transferred that
land
from a tiny minority with skills to a tiny elite minority without skills
-
[HON. MEMBERS: inaudible interjections] - Mr. Speaker, unless I be
accused
again of racism, this has nothing to do with race - [HON.
MEMBERS:
Inaudible interjections] - if you put me on a farm - [HON. MADE: You
will
fail] - Exactly. I will fail because I am not trained as a farmer. I
am
trained as a Lawyer and I am quite confident that I will be a
disastrous
farmer. - [HON MEMBRS: Inaudible interjections] - In the same
vein,
irrespective of your race, if you are trained as a white lawyer or
black
lawyer, you are equally incompetent as a successful farmer. The
tragedy
about this is that there are so many Afro-pessimists - who believe
that
nothing can be done in Africa. I see is as a white. I know what
other
whites think in the confines of their homes - some of them. They
think
that black people are incompetent to run any country. The tragic of
this
is that those Afro-pessimists and those racists - [HON MEMBERS: What do
you
say in the confines of your house?] - cannot govern. - [HON.
MEMBERS:
Inaudible interjections] - it is a betrayal of the aspirations of
the
millions of Africans not just in Zimbabwe but throughout Africa. If
my
colleagues are serious about this matter, if they are patriotic
Zimbabweans
and patriotic Africans, they will take what I say seriously and
get beyond
this problem of race. Why do they continuously use me just
because I am
white? - [HON. MEMBERS: Inaudible interjections] - Ian Smith did
exactly
the same thing. He thought that no black person could think for
himself. I
remember in South Africa, in 1995, saying that the ethnicity in
South
Africa was caused by minority occupation. But the views expressed in
South
Africa id not constitute the views of the vast majority black people,
the
influence that comes from that is that black people cannot think
for
themselves and that comes from racists. It is also directed against
my
colleagues and they are failing to understand that they are falling
into
the same trap, ironically, with Ian Smith.
We have to ask
ourselves the question this afternoon, why it is that there
was so much chaos
yesterday afternoon in this House - [HON. MEMBERS:
Inaudible interjections] -
when I raised the issue on Section 17 of the
Parliamentary Privileges Act
which as you know makes it impossible for any
person with pecuniary interest
in a matter to debate or vote in the matter.
I tabled a document from the
Parliamentary Legal Committee yesterday. If
the third Chimurenga was as
glorious as Jonathan Moyo would have us believe
where was so much anger
coming from yesterday. If there is nothing to
hide. If there is nothing to
hide from my colleagues, why did they not say
yes, we have farms but you have
got the wrong ones? The reason that they
are angry is because they have
found out, if they genuinely believe that
what they are doing is moral in
keeping with the aspirations of the
liberation struggle, they would never
have responded in the way they did
yesterday. The reality once again is that
the law has been subverted and
this situation that we are going through in
this Bill is designed to
facilitate that subversion even further. Let me
give you some examples,
some of the prime properties that have gone to Hon
members - we have two
properties in Matabeleland North that are very
lucrative safari lodges. The
Sekumi and Hwange safari lodges, both of those
properties have been
acquired by hon members. What has that got to do with
land reform? It has
nothing to do with land reform but has everything to do
with the rational
behind Section 17 of the Parliament Privileges Act that
where people stand
to gain by the passage of legislation they should say, I
have interest in
the mater but surely we have people who stand to benefit not
just hundreds
of thousand of dollars but million of dollars.
MR.
SPEAKER: Order, I will make a ruling on that issue, avoid it.
MR.
COLTART: I will conclude to this point by saying I have given two
examples
why this land programme is a failure. It is a failure because it
has
impoverished our nation, it has failed to meet the aspirations of
the
liberation struggle and it has simply served to enrich a few
minorities.
Let me move on to say what this amendment is all about in my
view. In
essence, nothing other than acknowledgement of the absolute chaos
that
prevails in the Ministry of Agriculture. In any other country, my
hon.
friend Dr Made, would have been fired years ago. I am a lawyer in
private
practice in my other life - I have some clients who have received up
to six
Section 5 notices served on them because of incompetence in the
Ministry
but that does not absolve them from the constitutional obligations
in terms
of the Land Acquisition Act. These amendments would never have
been
necessary if it had not been done in such a chaotic way and had not
been
run by unqualified people. Yesterday we opposed this because it
is
unconstitutional.
Let me move on to discuss the fundamentals, why I
believe are the real
issues behind these. Unfortunately, we have to glean
from the statements
recorded from the Hansard but from the unrecorded ones
coming from the
Parliamentary Legal Committee, I am sorry hon. Muchena is not
here this
afternoon but I recall an exchange that I had with her when the
first Land
Acquisition Bill was introduced in Parliament. I said then the
intention
was to get rid of every last white and her response was absolutely,
not so
long as the farmers yield the majority of the land. Our intention is
not
to engage in ethnic cleansing - our intention is to allow farmers to
remain
farming on their respective land. I have no doubt it is all about
ethnic
cleansing. She said we are going to get rid of every single white,
the
hon. Minister echoed the dame sentiments. That is what the abolition of
a
single farm in Clause 9 deals with, that the agreement is all about. It
is
a cunning move but it is not going to bring long term prosperity to
this
country.
The irony of this to me is that the only white that are
going to be left on
the land I believe are the Van Hoogenstraatens, the
extremely rich
foreigners who have land holdings vastly in excess of the land
holders that
are equitable. Those who were born in this country will not be
found in
the land - you may not agree with me. The MDC believes that this
indicates
a weakness in this party that is in government. The world that we
now live
abhor racism, it delights in diversity. It is the path that this
party has
taken to lead the nation to utter destruction. The strength if
this
country lies in its diversity with equity, not in diversity with
inequity.
That is neither the intention of this legislation nor that of the
people
who are moving this Bill. I believe if we create this legislation we
will
create a catastrophic situation in this nation. It will lead this
nation
to a sea of poverty and an island of obscene wealth owned by the
ruling
political elite of the foreign white people who do not have the long
term
interests of the people.
Mr. Speaker, let me conclude by saying
that the tragedy of this for me is
that, we are all victims of this country's
said past. This is not an
honourable building because draconian legislation
has been passed in this
House almost on the day it was built. [MRS MAHOFA:
So?] - The tragedy Mrs.
Mahofa is that my friends on the other side of the
House do not seem to
appreciate the fact that they are perpetuating that
tragedy. They are
holding on to the past and they are blind to the future.
They are locked
in this horrendous racism of which that they were victims of
during
colonialism. They are now blinded by that. You know the expression
that
"you cut your nose to spite your face" and that is what is taking
place
right now. I would appeal to my friends on the other side of the House
to
look at me beyond colour of my skin and to listen to what I have to say.
This is in the interest of the nation even at this late
stage.
Finally, this Bill runs contrary to what the new Governor of the
Reserve
Bank is trying to do. We understand that yesterday the Governor
attended a
ZANU PF Caucus and we have studied his Monetary Statement. In
his
Statement he has stated that he will try to set up a reproach mode with
the
IMF. Let me tell you this Mr. Speaker, that any government that
reneges
from existing legislation can kiss goodbye any hope of restoring
contact
with the IMF and other financial institutions. If we pass this law -
[MR.
CHIPANGA: It has already been passed] - I know that you have
already
predetermined that it is going to be passed but this does not have
the
intention of restoring ties with the IMF. I would like to ask them if
this
in the interest of Zimbabweans otherwise this is absolutely futile.
I
would ask them to reconsider for the benefit of Zimbabweans and the
people
that they purport to represent.
LATER . . .
MR SPEAKER'S
RULINGS
MATTER OF PRIVILEGE
MR. SPEAKER: On Wednesday 21st January
2004, the member for Mberengwa West.
Hon. J.M. Gumbo, raised a matter of
privilege arising from a document
tabled before the House by the Member of
Bulawayo South, hon. Coltart,
containing a list of persons alleged to have
acquired farm properties.
The Hon. Coltart sought to have the Hon. Members
barred from contributing
to the debate on the Adverse Report from the
Parliamentary Legal Committee
on the Land Acquisition Amendment Bill, H.B.
15,2003, claiming that they
have a pecuniary interest and are, therefore,
ineligible to participate in
the debate on the matter.
In raising the
matter of privilege, Hon. Gumbo disputed the veracity of the
information on
the list in relation to him as he was allocated only one
farm and averred
that the Hon. Coltart was deliberately misleading the
House with the
intention of tarnishing his and other members' images. The
Hon. Gumbo cited
Paragraph 5 of the Schedule to the Privileges, Immunities
and Powers of
Parliament Act [Chapter2:08] relating to offences in seeking
the Chair's
ruling that there is a prima facie breach of privilege. This
was
collaborated by statements by hon. Members. P.A. Chinamasa and D.N.E
Mutasa
who also denied that they each had more than one farm.
The Chair has
accordingly studied the matter and makes the
following
observations:-
That Hon. Coltart submitted a list which
contains names of persons the
majority of whom are Members of Parliament and
in some cases together with
their spouses and relatives. The list contains
names of farm properties
that these persons, who include Hon. Members of
Parliament, are alleged to
have acquired in breach of law. It has been
contended by Hon. Gumbo, Hon.
Chinamasa and Hon. D.N.E Mutasa that the
information is falsified and
amounts to deliberately misinforming the House,
with the intention of
tarnishing their images.
The contentions by the
Hon. Members, if proved correct, will mean that the
submission by Hon.
Coltart amounts to a breach of privilege by attempting
to mislead, misinform
and deceive the House. I therefore rule that there
is a prima facie case of
breach of privilege and that an enquiry is
necessary to establish whether or
not there has been a breach of privilege
and, therefore, contempt of
Parliament.
MATTER OF BREACH OF PRIVILEGE
MR. SPEAKER: During the
debate on the adverse Report from the Parliamentary
Legal Committee on the
Land Acquisition Amendment Bill (H.B. 15, 2003) the
Hon. Member for Bulawayo
South, Hon. Coltart, submitted that Hon. P A
Chinamasa, the Minister of
Justice, Legal and Parliamentary Affairs, along
with other Members of
Parliament on the list of persons alleged to have
acquired farm properties in
breach of the law, would be guilty of criminal
offence if they contributed to
the debate on the Adverse Report on the Land
Acquisition Amendment (H.B. 115,
2003).
It was his argument that Hon. Chinamasa and other Hon. Members
of
Parliament listed as beneficiaries of the Land reform Programme have
a
pecuniary interest as described in Subsection 2 (a) of Section 17 of
the
Privileges, Immunities and Powers of Parliament Act [Chapter 2:08]
and
Standing Order 100.
Hon. Coltart sought a ruling on the matter
from the Chairperson for the
Committee of the Whole House. The Chairperson
promised to refer the matter
to the Speaker for a ruling which he
did.
Having considered the matter, the Chair rules as
follows:
Section 17(2) (a) of the Act and Standing Order 100 relied upon
by the hon.
Coltart disentitle an Hon. Member from participating in
deliberations on a
matter in which he has a direct pecuniary interest.
However, Section 17(2)
(b) and Standing Order No. 100(3) provide that "The
provisions shall not
apply to any interest which a member may have in any
matter in common with
the public generally, or with any class or section
thereof".
Pecuniary interest refers to direct personal financial or other
benefit
which a member does not share in common with the public
generally.
There is "no limitation on a member's freedom of action* in
the performance
of their paramount duty to represent the interests of their
constituents
and those of the public generally" (Erskine May: Parliamentary
Practice
(1997) (22nd Edition). The Hon. Chinamasa and other Hon. Members
of
Parliament on the list of persons alleged to have acquired farm
properties
are beneficiaries of the Land Reform Programme, a benefit which
they share
in common with other members of the general public of Zimbabwe.
The claim
that they have a direct pecuniary interest as beneficiaries of the
Land
Reform Programme is mischievous, frivolous and devoid of legal logic
and
validity.
The Chair, therefore, rules that the said Hon. Members
are entitled to
participate in the debate on both the Adverse Report on the
Land
Acquisition Amendment Bill and the Bill
itself.
MOTION
APPOINTMENT OF COMMITTEE OF PRIVILEGES
THE
MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:
I move that
pursuant to your ruling that there is a prima facie case of
Breach of
Privileges on the matter relating to the presentation before
Parliament by
the Hon. Member, Mr. Coltart, of a document that could
contain a false
information on the farms allocated to some hon. Members of
the House during
the Land Reform Programme, that the matter be referred to
a Committee on
Privileges.
Motion put and agreed to.
SECOND READING
LAND
ACQUISITION AMENDMENT BILL
THE MINISTER OF JUSTICE, LEGAL AND
PARLIAMENTARY AFFAIRS:
I want to take the opportunity to thank all hon.
Members who have
contributed in the debate on the Land Acquisition Amendment
Bill including
those who have spoken against the Bill. Those who spoke
against the Bill
are so valuable to me because they indicate and they inform
me what the
enemy is thinking and planning.
MR. NYATHI: On a point of
order Mr. Speaker, I do not believe that a Member
of Parliament who expresses
a contrary opinion to the Minister is an enemy.
MR. SPEAKER: Order, if I
understood the contribution, he said I am thanking
those who have spoken
against the Bill and those who support the Bill. As
to those who have spoken
against the Bill, he now has an understanding of
the enemy and not the one
standing. I did not hear the Minister calling
you enemies.
THE LEGAL
OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS:
Mr. Speaker, I just also
want to prefix my remarks by one observation and I
have said this on a number
of occasions.
MDC members walk out
Before hon. Coltart walks out,
I wanted to say to him that I have the
greatest respect for him because he
fights hard for his people.
2. PARLIAMENT OF
ZIMBABWE
_____________________________________________________________
ADVERSE
REPORT
OF THE PARLIAMENTARY LEGAL COMMITTEE
ON
THE LAND
ACQUISITION BILL, H.B. 15,
2003
________________________________________________________________________
FOURTH
SESSION - FIFTH PARLIAMENT
Presented to Parliament
Wednesday, 21 January
2004
[S.C. 2, 2004]
PARLIAMENT OF ZIMBABWE
Adverse Report
Of
the Parliamentary Legal Committee
On
The Land Acquisition Bill,
H.B. 15, 2003
Introduction
Mr. Speaker Sir, your committee has
considered the Land Acquisition Bill,
H.B. 15, 2003 and come to the unanimous
conclusion that, if the Bill is
enacted in its present form it will violate
the constitution of Zimbabwe in
that its clauses 2 (1) (a), 2 (2), 3, 4, 5, 8
(2) are inconsistent with
sections 16 (1) (b), 18 (1) and 18 (a) of the
Constitution of Zimbabwe.
Clause 2
Mr. Speaker Sir, Clause 2 (1) (a)
seeks to amend section 5 of the Land
Acquisition Act, Cap. 20:10 by providing
that in respect of the acquisition
of agricultural land required for
resettlement purposes it shall be deemed
that the publication in the
Government Gazette and in a newspaper of a
Preliminary notice of acquisition
constitutes adequate service of notice
upon the owner of the land and any
holder of any real right in the land.
1
The legal requirement to give
notice to owners of land and to those with
interests in land is an obligation
imposed by the constitution of Zimbabwe
which provides in section 16 (1)
that;
"(1) Subject to section 16A, no property of any description or
interest
therein shall be compulsory acquired except under the authority of a
law
that
a) **************..
b) requires the acquiring authority to
give reasonable notice of the
intention to acquire the property, interest or
right to any person owing
the property or having any other interest or right
therein that would be
affected by such acquisition" [emphasis
added]
It is plain that this provision obliges, compels and requires that
before
any property, including land, can be lawfully acquired the owner of
that
land and other persons with rights and interests in that property should
be
given "reasonable notice of the intention to acquire the property".
It
Is also plain that the giving of the notice must be reasonable both as
to
the form or manner in which the notice is given and as to the period
of
notice. This is the constitutional obligation which cannot be abrogated
by
an Act of Parliament.
Clause 2 (1) (a) of the Bill effectively
seeks to say that even if no
notice is served on the owner of the land or any
holder of rights in the
land, the publication of a preliminary notice to
acquire land
2
needed for resettlement purposes shall be regarded or
taken for all
purposes as adequate in compliance with the constitution. The
fact is that
the constitution requires the giving of reasonable notice. The
publication
of a notice in a Government Gazette which is not circulated and
is
available at Government Printers only in major cities can never be
regarded
as notice to an owner of land situated in some remote parts of
Zimbabwe.
Similarly, publication of the same notice in newspapers circulating
largely
in urban areas and for a fee or price, can not be suggested to be
the
notice envisaged by the constitution. Notice must be given personally
to
the owner or at least a place where it is reasonably expected that
the
owner would become aware of the notice.
Mr. Speaker Sir, it is
your committee's considered view that clause 2 (1)
(a) of the Bill if
enacted, would negate the constitutional right of owners
of land to receive
reasonable notice of the intention to acquire that land
and to that extent
the clause is inconsistent with section 16 (i) (b) of
the Constitution of
Zimbabwe.
Mr. Speaker Sir, your committee had no difficulties with clause
2 (1) (b).
Mr. Speaker Sir, clause 2 (2) of the Bill provides
that
3
"(2) Section 5 of the principal Act, as amended by paragraph (a)
of
subsection
(1), shall be deemed to have come into operation on the 23rd
May 2000."
Mr. Speaker Sir, this means that clause 2(1) (a) which deems
the
publication of a notice of acquisition in the Gazette and in a newspaper
to
be adequate notice is being enacted retrospectively to 23rd May 2000
so
that all those land owners who were never given notices of acquisition
but
in respect of whose land a notice was published in the Gazette and in
a
newspaper would be regarded by this law as having been given
notice
adequate to comply with the Constitution. The unconstitutionality of
this
clause is so palpable and so obvious that one is left with little
option
but to conclude that the drafters of this clause can only have
been
motivated by a cynical contempt for the constitution itself. One
could
paraphrase clause 2 (2) as providing that even if the acquiring
authority
has not given any notice at all, it shall be deemed that notice was
given
as long as there was publication in a newspaper and the Government
Gazette
of the intention to acquire land. Such a clause is a clear, in
fact
contemptuous and cynical, violation of the constitutional obligation
to
give reasonable notice. How can it be rationally suggested that
the
publication of a notice in the Gazette almost 4 years ago was
adequate
notice, not now but then, to a person who never saw or read that
notice at
that time or any other time and who was himself or herself never
served
with a notice?
Even more importantly, the giving of notice is
not academic exercise. It
is for the purpose of ensuring that the recipient
of the notice may
exercise his or her constitutional rights to challenge the
acquisition
within the time frames provided by the law.
4
For
example, the constitution requires that a contested acquisition be
referred
by the acquiring authority, to a court of law within 30 days of
the notice of
acquisition. How does this provision get complied within
relation to a
retrospectively validated notice published in the Gazette in
May 2000? How
does an owner of land, who discovers this year and after the
enactment of
this clause that his or her land was the subject of a notice
of acquisition
in the Gazette in June 2000, invoke his or her rights under
the constitution
when clause 2 has retrospectively validated a notice
published in the Gazette
nearly four years ago?
There cannot be any doubt that, an owner of land
who was not served with a
notice of acquisition but in respect of whose land
a notice , he or she
never saw, was published in the Gazette and in a
newspaper, has not been
given any reasonable notice of the intention to
acquire his or her land.
To the extent that clause 2 (2) of the Bill seeks to
say that such a person
has in fact been given reasonable notice it is plainly
unconstitutional in
that it is inconsistent with section 16 (1) (b) of the
constitution.
Mr. Speaker Sir, it is your committee's view that whoever
drafted clause 2
(2) of the Bill was anctuated by a deliberate and cynical
intention to
violate the Constitution of Zimbabwe by denying owners of land
their
constitutionally guaranteed rights.
Clause 4
Clause 4 (a) of
the Bill seeks to ass a provision to section 3 of the
principal Act whose
paragraph (a) would make it unnecessary for an
acquiring authority
to
5
deliver to the owner of the land copies of any application to
the
Administrative Court for the confirmation of an acquisition notice of
order
which has been challenged as long as the acquiring authority has
published
in the Gazette a notice of the application.
What this means
is that an application to confirm an acquisition order
would be proceeded
with, even where the owner of the land to be acquired
has not been notified
of the application, the date and place where it will
be heard as long as that
information was published in the Gazette. This is
a fundamental departure
from the principle that court process must be
brought to the attention of
parties to it by delivery of both the
application and the notice of the
hearing t the parties to that application
so that each party may present his
or her case to the adjudicating
authority. This right to a fair hearing is
enshrined in section 18 (9) of
the Constitution of Zimbabwe which provides
that;
"****. Every person is entitled to be afforded a fair hearing
within a
reasonable time by an independent and impartial court or other
adjudicating
authority established by law in the determination of the
existence or
extent of his civil rights or obligations"
It is obvious
that a person cannot be said to have been afforded a fair
hearing if and when
he has not been notified of the contents of the
application in which his or
her rights will be determined and also has not
been informed of the time and
place where the hearing will take place.
Publication of a notice of an
application in the Gazette cannot be said to
be adequate notice when it
is
6
considered that an extremely limited number of people read the
Gazette and
also that limited copies of it are published. Consequently, it
is plain
that what is sought by this provision is an opportunity to proceed
with
confirmation hearings in the absence of affected or interested
persons.
This can hardly be said to be consistent with the constitutional
obligation
to afford every person a fair hearing in the determination of his
or her
civil rights. This is more so when the obligation to afford a fair
hearing
is read within the context of the prohibition of compulsory
acquisition of
property, except under strictly defined procedures intended to
allow owners
of property adequate opportunities to challenge the acquisition
of their
property in the courts thereby receiving judicial protection of
their
rights. Section 16 (1) (d) of the constitution obliges every
acquiring
authority to apply to court for an order confirming an acquisition
of
property in each and every case where the compulsory acquisition
is
challenged. Thus whenever an acquisition is challenged the
acquiring
authority must go to court to justify the acquisition. It is at
the
hearing of that application that the owner of the property will have
an
opportunity to put across his or her side of the story. It follows
that,
implicit in section 16 (1) (d) is the obligation to notify the person
whose
property is being acquired of the contents of the application to court
and
when and where it will be heard. It could not have been the intention
of
the farmers of our constitution that the acquiring authority could go
to
Court on its own without giving the other side a reasonable opportunity
to
defend itself.
Mr. Speaker Sir, to the extent that par (a) of the
proposed proviso has the
effect of permitting application to be heard by the
Administrative Court
without
7
actual service of it on interested
parties but only with publication in the
Gazette, it is unconstitutional for
being inconsistent with section 18(9)
of the constitution as read with 16
(1)(d) of the constitution.
Further and in any event, Mr. Speaker Sir,
your committee had considerable
difficulty in understanding the necessity of
clause 4(a) of the Bill
considering that an application for the confirmation
of an acquisition is
necessary only when an objection to the preliminary
notice of acquisition
has been lodged with the acquiring authority. Where
such an objection has
been lodged the person lodging it would have given
his/her address where
the application could be served and thereby making it
unnecessary to seek
that the notice of application by published in the
Gazette.
Paragraph (b) of the proviso set out in clause 4 (a) of the Bill
provides
that is shall not be necessary when publishing the notice of
application in
the Gazette, to identify by name the holder of any registered
real right in
the land the subject of an acquisition order. This means that
the notice
of the application as published in the Gazette would not contain
the name
of, for example, the bondholder. Quite how such bondholder is
supposed to
know that the land subject of the acquisition is land to which
he/she has
an interest when his/her name has not be included in the
publication is
beyond our comprehension. It follows that such publication
cannot be said
to afford the unidentified bondholder or registered real right
holder with
an opportunity to defend his/her rights. Failure to d so is a
violation of
section 18 (9) of the constitution when read together with
section 16 (1)
(d) as already argued above. Consequently it is our
considered view that
paragraph (b) of the proviso proposed to be inserted
after subsection (3)
of section 7 of the Act by clause 4 (a) of the Bill is
unconstitutional.
8
In short, we conclude that the whole of clause 4
(a) of the Bill is
unconstitutional for being in violation of sections 16 (1)
(d) and 18 (9)
of the constitution when read together.
Mr. Speaker,
Sir your committee had no problems with clause 4 (b) of the
Bill which seeks
to give the Administrative court review powers over
decisions relating to the
acquisition of land.
Clause 5
Mr Speaker, Sir, clause 5 of the Bill
proposes to repeal proviso (iii) to
subsection (1) of section 8 of the
principal Act and substitute a new
proviso which would state
that;
"(iii) in the case of agricultural land required for
resettlement
purposes, the acquiring authority shall acquire the land
concerned by
notice in the Gazette specifying
(a) the land that is being
acquired and
(b) the name of the registered owner of such land"
Mr.
Speaker Sir, while explanatory note to the Bill states that clause 8
"amends
section 8 of the Principal Act to the end that an acquisition order
relating
to agricultural land required for resettlement purposes is
effective from the
date of its publication in the Gazette", your committee
is not convinced that
this is the true meaning of the clause. It is your
committee's considered
opinion that the true meaning of the clause is that
the publication in the
Gazette shall in itself be a sufficient order
acquiring the described
property
9
even if the order of acquisition has not been served on the
owner. If this
were not the intention the clause would be wholly unnecessary
since
subsection 3 of section 8 already provides that the ownership of the
land
vests in the acquiring authority upon the making of the order which
is
understood to mean upon its service on the owner of the land.
The
effect of clause 5 is that by merely publishing an order of
acquisition in
the Gazette and before it is served on the owner and without
ever serving it
on the owner, the acquired land would vest in the acquiring
authority. In
this way, the owner is divested of ownership without being
aware that he or
she has been divested of his or her ownership.
Mr. Speaker Sir, even
though this is patently unfair and unjust, your
committee is unable to find
any provision of the constitution which it
offends as long as a preliminary
notice of acquisition would have been
served on the owner of the land and
thereby affording him or her reasonable
notice of the state's intention of
acquiring the land. Where no
preliminary notice has been given or where that
notice has merely been
published in the Gazette and a newspaper without it
also having been served
on the owner of the land, the application of clause 5
of the Bill would be
unconstitutional as it would amount to compulsory
acquisition without
reasonable notice. In other words, if clause 2 (1) (a)
of the Bill is
enacted into the law, clause 5 would be unconstitutional.
However,
standing on its own and without clause 2 (1) a, clause 5 would pass
the
constitutionality taste since clause 2 (1) (a) is part of the Bill we
are
therefore constrained to conclude that clauses 5 of the Bill
is
unconstitutional as being inconsistent with section 16 (1) (b) of
the
constitution.
10
Clauses 6 and 7
Your committee had no
difficulties with clauses 6 and 7 of the Bill and
therefore we find them to
be constitutional.
Clause 8
By seeking to enact clause 8 of the
Bill the state is in effect
unilaterally resiling from a contract agreement
freely entered into with
Hippo Valley Estates and enacted into of Parliament
in 1964. In other
words, the state is using its legislative powers to
authorize itself to not
just to act in breach of the contract it freely
entered into but in effect
to cancel that contract. Clearly, therefore this
is an obnoxious and mean
provision.
Mr. Speaker Sir, your committee is
of the consideration view that where the
state acts in breach of contract
and/or cancels the contract and seeks to
clock its cancellation with the
authority of an Act of Parliament, such act
is a violation of section 18 (1)
of the constitution which says every
person is entitled to the protection of
the law. By seeking to deny Hippo
Valley Estates of its contractual rights
derived from the state by free
agreement the state is in fact depriving Hippo
Valley Estates of the
protection of the laws of contact. Consequently, your
committee arrived at
the conclusion that clause 8 (2) if enacted, will be a
violation of section
18 (1) of the constitution of Zimbabwe and is thus
unconstitutional.
11
Clause 3
We now return to clause 3 of the
Bill. Mr. Speaker Sir this clause not
only repeals sections 6 A and 6 B of
the principal Act for future purposes
but also seeks to undo all legal
arrangements and agreements which in the
past were entered into under and in
terms of those provisions. Mr. Speaker
Sir, there is nothing wrong or
unconstitutional with the prospective repeal
of sections 6A and 6B of the
principal Act. It is perfectly within the
constitutional powers of
Parliament to undo or rather repeal any provision
that it has enacted in the
past. Accordingly, your committee has no
difficulties with clause 3 (1)
which repeals section 6A and 6B of the
principal Act.
It is clause 3
(2) which is problematic in that it seeks to cancel valid
contractual
agreements entered into by the state in the past. For the same
reasons that
we found clause 8 (2) of the Bill unconstitutional we find
clause 3 (2) to be
equally unconstitutional. In short, clause 3 (2) is
inconsistent with
section 18 (1) of the constitution which guarantees every
person secure
protection of the law in that it seeks to undo binding
contractual
arrangements entered into under the provisions of
existing
laws.
Clause 9
Clause 9 (2) is a declaratory provision
whose important declaration is that
the programme of Land Reform as adopted
by the state from time to time is
not binding on the state. This means that
the state does not have to
implement the Land Reform
12
Programme
or acquire land in accordance with the adopted Land
Reform
Programme.
Mr. Speaker, Sir, it is your commitee's view that
this declaration is
unconstitutional and has the effect of amending a
constitutional provision,
namely section 16 A of the constitution which
provides that:
"(1) In regard to the compulsory acquisition of
Agricultural land for
resettlement of people in accordance with a programme
of Land Reform, the
following factors shall be regarded as of ultimate
importance.
a) under colonial domination the people of Zimbabwe were
unjustifiably
dispossessed of their land and other resources without
compensation.
b) ***********..
c) ***********.
2) In view of the
overriding considerations set out in subsections (1)
where agricultural land
is acquired compulsory for the resettlement of
people in accordance with a
Programme of land reform the following factors
shall be taken into account in
the assessment of any compensation that may
be payable-
a) the history
of the ownership, use and occupation of the land;
13
b) the price paid
for the land when it was last acquired, the
c) the cost or value of
Improvements on the land
d) ***************
e) ***************
f)
***************
g) ***************
h) *************** " [emphasis
added]
The importance of section 16A is that it requires and obliges the
state to
be acquiring land under and in terms of a programme of land reform.
If it
does not do so its unconstitutionally. This was in fact the ruling of
the
Supreme Court in the case of Commercial Farmers' Union The Minister
of
Agriculture, Lands and Rural Resettlement and others 2000 (2) ZLR 69,
where
it was held inter alia that under section 16A of the constitution it is
a
prior requisite for the compulsory acquisition of land for
resettlement
purposes that there should be a programme of land reform. To
then declare
that such a programme, which is a requirement of the
constitution, is not
binding on the state is to fly in the face of the
constitution and render
that constitutional provision, not only meaningless
but also useless. What
would be the point of the constitution requiring the
existence of a
programme of land reform when that programme is not binding on
the state?
14
Mr. Speaker Sir, we are thus firmly of the view that
clause 9 (2) of the
Bill is unconstitutional as it is inconsistent with
section 16A of the
constitution.
Conclusion
Mr. Speaker Sir, it
is your committee's respectful and carefully considered
opinion that clauses
2 (1) (a); 2 (2); 3, 4(a), 5, 8 (2) and 9 (2) would,
if enacted, be
unconstitutional. We advise
accordingly.
___________________________
Professor Welshman
Ncube
Acting Chairman
3. PARLIAMENTARY DEBATES
Wednesday, 21st
January 2004
MEMBERS OF PARLIAMENT AND THE CONSTITUENCIES REPRESENTED BY
THEM
CANDIDATE CONSTITUENCY
Baloyi Aaron Chiredzi South
Bennett Roy
Leslie Chimanimani
Bhebhe Abedinico Nkayi
Bidi Ndiweni Mat. South
Biti
Laxton Tendai Harare East
Buka Flora Gokwe East
Bushu Chief Show Mash.
Central
Chaibva Gabriel Harare South
Chamisa Nelson Kuwadzana
Chapfika
David Mutoko North
Charumbira Chief Fortune Zefanaya Masvingo
Chauke
Elliot Chiredzi North
Chebundo Blessing Kwekwe
Chigwedere Aenias Soko
Hwedza
Chikiyi Innocent Wilson Chirumanzu
Chimutengwende C C Mazowe
East
Chinamasa Patrick Non Constituency
Chindanya Jefta Johnson Zaka
West
Chindori Chininga Edward T Mazowe East
Chimombe George Manyuwa
Manicaland
Chipanga Tongesai Shadreck Makoni East
Chirau Chief Robert
Dzvaka Dzomba Mash West
Chirowamhangu Leonard Ringisai Nyanga
Chitongo
Victor Osward Murewa North
Chiyangwa Phillip Chinhoyi
Chombo Ignatious M.
Chiminya Zvimba North
Coltart David Bulawayo South
Dokora Lazarus D.
Kambarami Rushinga
Dzinzi Nobbie Muzarabani
Babbuza Joel Gabuza
Binga
Gasela Renson Gewru Rural
Goche Nicholas Tasunungurwa
Shamva
Gonese Innocent Tinashe Mutare Central
Gumbo Rugare Aleck Ngidi
Mberengwa East
Gumbo Joram Macdonald Mberengwa West
Gwetu Milford
Mpopoma
Hama Chief Joseph Matibenga Zishiri Midlands
Hungwe Josiah Dunira
Masvingo
Kangai Kumbirai Manyika Buhera South
Karimanzira David
Ishemunyoro Godi Mash East
Kasukuwere Saviour Mt. Darwin South
Kaukonde
Ray Mudzi
Khumalo Nomalanga Umzingwane
Khumalo Jefret Bafana
Pelandaba
Khupe Thokozane Makokoba
Kumbula Wilson Chipinge
South
Kureneri Christopher Tichaona Mazowe East
Langa Andrew
Insiza
Machaya Jaison Max Kokerai Gokwe South
Mackenzie Isaac
Kariba
Made Joseph Mtakwese Non Constituency
Madiro Phone Hurungwe
West
Madzimure Willias Kambuzuma
Madzongwe Edna Non
Constituency
Madzore Paul Glen View
Mafudze Hilda Mhondoro
Mahofa
Shavai Ben Gutu South
Majange Charles Chivi South
Makokove Bernard
Constantine Chikomba
Makova Claudious William Bikita West
Makuwaza Dunmore
Sasi Mbare West
Makwembere Stanley Bethel Mkoba
Malinga Abedinigo Mate
Silobela
Mangwana Munyaradzi Paul Kadoma East
Mangwende Chief Jonathan Non
Constituency
Mangwende Witness Magunda Non Constituency
Mangono Silas
Joseph Masvingo Central
Manyika Elliot Tapfumanyi Bindura
Manyonda Kenneth
Vhundukai Buhera North
Marumahoko Ruben Hurungwe East
Masaiti Evelyn
Mutasa
Masawi Ephraim Sango Mashonaland Central
Mashakada Tapiwa
Hatfield
Masuku Angeline Mat. South
Matewu Mathias Mlambo Chipinge
North
Matiza Biggie Joel Murewa South
Mazikana Paul Herbert Guruve
North
Mbalekwa Meeting Pearson Zvishivane
Mdlongwa Esaph
Pumula-Luveve
Mhashu Fidelis Chitungwiza
Midzi Amos Bernard Mizi Non
Constituency
Misihairabwi Pricilla-Mushonga Glen Norah
Mkandla Eleck Gokwe
North
Mkhosi Edward Tshotsho Bulilmamangwe S
Mohadi Kembo
Beitbridge
Moyo Jonathan Non Constituency
Moyo July Gabarari Non
Constituency
Moyo Lawrence Matobo
Mpala David Lupane
Mpariwa Paurina
Mufakose
Mpofu Obert Moses Mat. North
Msika Joseph Non
Constituency
Msipa Cephas George Midlands
Muchena Olivia Nyembesi Mutoko
South
Mudenge Gorerazvo Stan Isack Masvingo North
Mugabe Sabina Zvimba
South
Mujuru Joyce Teurairopa Mt. Darwin North
Mukahlera Timothy Lancaster
Gweru Urban
Mukota Chief Edward Jigu Mash East
Mukwecheni Syden Mutare
South
Mumbengwegwi S. I. Creighton Chivi North
Mungofa Pearson
Highfield
Munyanyi Tichaona Jefta Mbare East
Munyoro Gibson Makoni
West
Mpukuta Lovemore Gokwe Central
Murerwa Herbert Muchemwa
Goromonzi
*************.. Zengeza
Mushohwe Christopher Chindeti Mutare
West
Mushoriwa Edwin Dzivarasekwa
Mutasa Didymus Noel Edwin Makoni
North
Mutemba Tichafa Ishmael Kadoma Central
Mutendadzamera Justin
Mabvuka
Mutinhiri Ambros Marondera West
Mutiwekuziva K. Kaparadza
UMP
Mutsauri Walter Bikita East
Mutsekwa Giles Mutare North
Ncube
Adedinico Gwanda South
Ncube Daniel Mackenzie Zhombe
Ncube Fletcher Dulini
Lobengula-Magw
Ncube Welshman Byo North-East
Ndlonu M. Mzila
Bulilimamangwe N
Nhema Dun Stan Francis Shurugwi
Nkomo Landa John Non
Constituency
Nyambuya Lt. Gen. (Rtd) Michael Manicaland
Nyathi Paul Themba
Gwanda North
Nyauchi Esther Gokwe West
Nyoni Peter Hwange Eats
Nyoni
Sithembiso Gile Glad Non Constituency
Paradza Kindness
Makonde
Parirenyatwa Dr. David Pagwesese Non Constituency
Rusere Tinos
Zaka East
Sansole Jealous Hwange West
Sekeramayi Dr. Sydney Tigere
Marondera East
Shamu Webster Chegutu
Shoko Gilbert Mutimutema
Budiriro
Shumba Isaiah Masvayamwando Mwenezi
Sibanda Gibson Jama
Nkulumane
Sibanda Mtoliki Tsholotsho
Sikalenge Bayele Charles Mat.
North
Sikhala Job St Mary's
Samkange Nelson Mash West
Stevenson Lottie
G. Bevier Harare North
Thabane Jacob Mabikwa Bubi-Umguza
Tumbare-Mutasa
Bennie Seke
Tungamirai Josiah Non Constituency
Ziyambi Zacharia Kadoma
West
Zvobgo Eddison Jonas Mudasirwa Masvingo South
Zwizwai Murisi Harare
Central
15
From News24 (SA), 24
February
Talks 'relegated to
dustbin'
Harare - Zimbabwean President Robert Mugabe has slammed the
door on proposed negotiations with the country's main opposition, dealing a new
blow to South Africa's "quiet diplomacy" aimed at resolving the country's
long-running political crisis. In an interview on state television on Monday,
Mugabe said that although he was willing to hold talks with the Movement for
Democratic Change (MDC), he would not do so until the party cuts its links with
the West. Mugabe accuses Britain of bankrolling the MDC in a bid to oust him
from power and return imperialist interests to the former British colony. "As
long as they are dictated upon from abroad we will find it extremely difficult
to negotiate with them," Mugabe said. "But if they are going to now seek the
hand of our enemy to destroy our economy, then we begin to wonder whether they
are for the people or against the people," he said. "We can't discuss with
allies of the Western countries that would want to destroy our economy. The
devil is the devil ... we have no idea of supping with the devil."
University of Zimbabwe political philosopher Noah Muzorori said
Mugabe's condition was quite "serious" and could block any prospects of the
speedy resumption of talks, adding that it was "designed to put any talks on a
back burner." South African- and Nigerian-brokered talks between the MDC and the
ruling Zanu PF broke down in May 2002 after participants agreed only on the
agenda. Church leaders last year shuttled between the two sides in a bid to
resuscitate the talks. Representatives of the two parties met last year in an
effort to prepare for the substantive talks, but according to Mugabe their
conclusions have not yet been discussed by his party. Last month President Thabo
Mbeki announced that the two parties had agreed to enter into a formal dialogue
soon to resolve Zimbabwe's socio-economic and political woes. "That was his
(Mbeki's) wishful thinking that the talks may take place," said Muzorori.
"Mbeki's attitude does not encourage talks. Silent diplomacy is a sort of death
knell to any chances of talks," he added.
The other former broker, Nigeria has been quiet on the recent initiatives to
get the two political foes back on the negotiating table. Mugabe on Monday said
he was "sorry" for Nigeria after it bowed to pressure from some Commonwealth
countries at last December's summit in Abuja to which President Olusegun
Obasanjo decided not to invite Mugabe. Zimbabwe had been suspended from the
Commonwealth for 20 months until December, but the club of mainly former
colonies of Britain decided to extend the suspension, prompting Mugabe to pull
his country out of the grouping. Muzorori said that because of a marginal
improvement in socio-economic conditions in Zimbabwe, the ruling party was no
longer in a hurry to hold talks with the MDC. "Any chances of talks have been
relegated to the dustbin," he said.
From Business Day (SA), 25
February
Mugabe adds to pressure on
Mbeki
Policy of quiet diplomacy' under fire
International Affairs Editor
With Zimbabwean President Robert Mugabe appearing to slam the
door on talks, there was mounting pressure on President Thabo Mbeki yesterday to
show evidence for his prediction that talks are imminent. In an interview
yesterday, Mugabe said that talks with the opposition would be the equivalent of
"supping with the devil". Last month, Mbeki said the only thing holding up talks
was the holiday period. But since Mugabe's return to work earlier this month
there has been no move towards talks. The South African Council of Churches also
delivered a rebuff to government over Zimbabwe yesterday. In an urgent letter to
Mbeki, the council has requested intervention in Zimbabwe to help restore
dialogue. Last year, church leaders in Gauteng wrote to government calling for
an end to its policy of quiet diplomacy. Democratic Alliance national chairman
Joe Seremane has said Mugabe's rejection of talks showed Mbeki's policy of quiet
diplomacy on Zimbabwe had been exposed as an embarrassing and costly disaster.
Yesterday, trade union federation Cosatu, which has been outspoken about rights
abuses in Zimbabwe, issued a statement of solidarity with striking trade
unionists in Zimbabwe. The statement of support for a strike, against the
failure of the National Social Security Authority to talk to the Zimbabwe
Confederation of Trade Unions on some "pertinent" issues, could foreshadow
action in SA in support of unions north of the Limpopo. In the past, Cosatu has
not ruled out a border blockade if the Zimbabwean union were to call upon it to
do so.
In an interview broadcast on Monday evening on state
television, Mugabe said he was not prepared to hold talks with Movement for
Democratic Change (MDC) leader Morgan Tsvangirai because the MDC was a front for
the western powers. Analysts said Mugabe's words seemed to close down any
immediate prospects for talks. "As long as they are dictated upon from abroad we
will find it extremely difficult to negotiate with them, but that having been
said, we stand to hear what views they have," Mugabe said. "We are prepared to
discuss with them how their own ideas and our own ideas can merge (for the)
benefit our society. But if they are going to now seek the hand of our enemy to
destroy our economy, then we begin to wonder whether they are for the people or
against the people." In the taped interview, Mugabe said: "We can't discuss with
allies of the western that want to destroy our economy. The devil is the devil
we have no idea of supping with the devil." Mugabe said the opposition was
seeking to ruin the economy, referring to the MDC's call for more sanctions.
Mugabe argued that what made any negotiations with the MDC even more difficult
was that the party was not home-grown. "We are not just saying we can't discuss
with that party all we have said is that the (western) umbilical cord must be
severed and if they try to be part of us, try to think as Zimbabweans, as
Africans, then naturally you have a clear view who will accord you that facility
of negotiation." Mugabe called some opposition members, including Tvsangirai,
shallow-minded.
From The Pretoria News, 25
February
Africa's leaders 'too
Western'
President Robert Mugabe of Zimbabwe slammed "the majority" of
his counterparts in Africa, saying they had succumbed to Western influence and
turned against African causes. Mugabe said that a few militant leaders
reminiscent of former staunch nationalists remained, "but the majority have gone
the Western way". "Western philosophy is what is guiding them. They are oriented
towards the West, not oriented towards Africa, towards their own people, not
nationalistic in the true sense of the word. They are listening to the enemy,
they are being dictated to by the enemy and it's a pity," he said during an
interview aired on State television. Mugabe said he was not prepared to hold
talks with the main opposition leader Morgan Tsvangirai because his Movement for
Democratic Change (MDC) party is operating as a front for the Western powers.
"As long as they are dictated upon from abroad we will find it extremely
difficult to negotiate with them, but that having been said, we stand to hear
what views they have," Mugabe said. "We are prepared to discuss with them how
their own ideas and our own ideas can merge (for the) benefit our society. But
if they are going to seek the hand of our enemy to destroy our economy, then we
begin to wonder whether they are for the people or against the people," he
said.
Mugabe's ruling Zanu PF was reported last month by South
African President Thabo Mbeki to be ready for talks with the opposition. But in
the taped interview, Mugabe said: "We can't discuss with allies of the Western
countries that would want to destroy our economy. The devil is the devil. We
have no idea of supping with the devil," he said. Mugabe argued that what made
any negotiations with the MDC even more difficult was that the party was not
home-grown. "We are not just saying we can't discuss with that party. All we
have said is that that umbilical cord must be severed and if they try to be part
of us, try to think as Zimbabweans, as Africans, then naturally you have a clear
view who will accord you that facility of negotiation," he said.
Meanwhile, European Union foreign ministers in Brussels have deplored the
"worsening situation" in Zimbabwe, saying Mugabe's government had done nothing
to change his dictatorial ways. The foreign ministers said Mugabe's tightening
of restrictions in Zimbabwe "seriously infringes on its citizen's right to
freedom of association and assembly". The 15 ministers and their counterparts
from the 10 countries that join on May 1 said Mugabe "has not taken any positive
steps" to address international concerns over his actions. The EU agreed last
Thursday to renew sanctions against Mugabe for another year in an effort to try
to improve the political and human rights situation in the troubled Southern
African state. British Foreign Secretary Jack Straw said the extension would
"toughen up sanctions, extending from 79 to 95 people - an asset freeze and
travel ban". Other sanctions include an arms sales ban and the freezing of
Zimbabwean assets in European banks. The EU ministers said the sanctions were
"not directed at the Zimbabwean people" and were only targeted at Mugabe and his
government. They also voiced their concern at the closure of the Daily News,
Zimbabwe's independent daily.
From The Vanguard (Nigeria), 25
February
Mugabe slams
Obasanjo
Harare - President Robert Mugabe of Zimbabwe has slammed
President Olusegun Obasanjo and majority of African leaders for allegedly
succumbing to Western influence and turning against African causes. He singled
out Nigeria for having given in to the white Commonwealth pressure on the
decision taken against Zimbabwe at the last December Commonwealth Summit in
Abuja. Mugabe pulled Zimbabwe out of the Commonwealth, a club of mainly former
British colonies, after the summit, where it prolonged the southern African
country’s suspension from the grouping. In a bid to get African countries to
continue to resist the Western imperialistic tendencies, Mugabe said. Zimbabwe
was planning to host a forum of former liberation movements in the country
sometime this year. He expressed gratitude to southern African leaders who stood
by his country at the Commonwealth summit last year. "We were happy about their
stance... of supporting Zimbabwe. (But) the others, well,... we say sorry....
Sorry to Nigeria for having adopted that stance, but they are our brothers and
we can’t be seen to be condemning them," Mugabe said.
He said there were "two or three African countries in the
Commonwealth... they are ‘yes’ people, those who salute the West. It’s just
again leadership which has no confidence in itself," he said in an interview to
mark his 80th birthday on Saturday, February 21. Mugabe said a few militant
leaders reminiscient of former staunch nationalists remained, "but the majority
have gone the Western way. Western philosophy is what is guiding them. They are
oriented towards the West, not oriented towards Africa, towards their own
people, not nationalistic in the true sense of the word. They are listening to
the enemy, they are being dictated to by the enemy and it’s a pity," he said
during an interview aired on state television. Mugabe said some of his
neighbours "continue to be revolutionary to a very great extent, but even in
some of them we are seeing now that Western influence is seeping in and trying
to get them to reverse the revolutionary course which they had adopted earlier
on."
From News24 (SA), 25
February
State: It was high
treason
Harare - The year-long treason trial of Zimbabwean opposition
leader Morgan Tsvangirai began winding up on Tuesday with the state prosecutor
declaring him guilty of plotting to assassinate President Robert Mugabe - a
crime that carries the death penalty. "The accused committed the crime of high
treason by inciting and seeking to arrange the assassination of the head of
state," said acting attorney general Bharat Patel, adding that the state had
proved its case "beyond reasonable doubt". The charges against Tsvangirai arose
from a secretly recorded grainy videotape of a meeting he held with Canadian
political consultant Ari Ben Menashe in Montreal in December 2001. Tsvangirai
said he had hired Ben Menashe's firm Dickens and Madison to help with
international lobbying and fundraising for his party in North America, but later
discovered the government had also hired it. Ben Menashe, who claims to be a
former Israeli security agent, became the government's key witness, saying
Tsvangirai discussed assassinating Mugabe with him. "To some extent the defence
case appears to suggest that the accused is claiming to have been entrapped by
Dickens and Madison into committing the crime of high treason. It's submitted
that this does not constitute a defence under our law," Patel told the Harare
High Court. "We would like you to simply reject evidence of Tsvangirai which is
simply not credible," Patel urged the court.
Patel said the lobbying and fundraising were a cover so that
the plot to kill Mugabe would appear like an "accident". He described Ben
Menashe as "fairly clear, reliable and a credible witness". Ben Menashe said in
his evidence that the contract agreement he signed with the MDC gave him a
general mandate to help the party carry out the assassination and coup. South
African lawyer George Bizos, Tsvangirai's main counsel, however on Tuesday said
Ben Menashe "was not credible, he is a clown". "He is not a satisfactory witness
who can be used to convict one of the political leaders of the country," Bizos
said, adding that Ben Menashe "contradicted himself". Bizos said two state
witnesses - Ben Menashe and his personal assistant Tara Thomas - were attracted
by money to give incriminating evidence. He said Ben Menashe received $200 000
dollars from the Zimbabwe government for delivering the videotape used in the
case and Thomas got $8 000 - equivalent to her annual salary - for just giving
evidence against Tsvangirai. "The inference is clear that the state, for obvious
reasons, was not desirous of discovering the truth of the matter as it was
solely motivated by political considerations," Bizos said. Defence closing
arguments were to continue on Wednesday.
From The Mail & Guardian (SA),
24 February
Zim farmers dig into natural
resources
Chris Anold Msipa
Harare - As Zimbabwe marks the fourth anniversary of its
controversial land redistribution programme, there is widespread concern about
the impact this is having on the country’s environment. Many of the peasant
farmers who were resettled on land forcibly acquired from white owners lack
funds to buy the seed, fertiliser and tools needed to produce a crop. This,
combined with poor rains in parts of Zimbabwe, has prompted some peasant farmers
to start harvesting other resources instead. An informal survey conducted by IPS
showed that many have turned to selling wood, which is still used as fuel in the
high-density suburbs of Zimbabwe’s cities and elsewhere. Bundles of fire wood
have become a common sight on the sides of highways passing through resettlement
areas. "Some of this wood is from pieces of land that we are clearing for
cultivation," said Kenneth Munoda, one of the settlers found selling wood along
the Great Dyke Pass between the capital, Harare, and the western town of
Chinhoyi. However, Munoda said other recipients of redistributed land have
simply become full-time wood traders. "People from as far as Harare come here
with big lorries [trucks] to buy fire wood. Sometimes we fear the farms we got
will end up barren like the reserves [communal lands] from where we came."
About 4 000 farms are reported to have been seized since the
land reform effort got under way at the start of 2000. Officials claim that
veterans from Zimbabwe’s war of independence spearheaded the reform effort by
spontaneously invading farms owned by minority whites. Government critics say
the land occupations were orchestrated by President Robert Mugabe’s
administration to divert attention from other political and economic
difficulties during the run-up to a crucial parliamentary election. The June
2000 poll marked the first instance in which the ruling Zanu-PF party faced a
credible challenge from the opposition. "Hunting for the pot" is also viewed as
a contributor to deforestation in Zimbabwe, since it sometimes involves burning
wooded areas to make wild animals easier to track and kill. It’s not only
forests that are succumbing to the knock-on effect of land reform and poverty,
however. Settlers - and other Zimbabweans - have also turned to illegal gold
panning along rivers and streams, and are hunting for the metal in abandoned
mines. They are known to use chemicals such as cyanide and mercury during the
extraction of gold -- even through they lack the equipment to ensure proper
storage of these substances, or to prevent chemical wastes from seeping into the
water supply.
Researchers say contamination from the panning sites can drain into water
sources after a heavy downpour, poisoning those who drink the water. The lack of
sanitation facilities in panning areas has also opened the door to outbreaks of
cholera and typhoid. Illegal gold diggers have set up camps along rivers like
the Mutebekwi, which passes through farm land south-east of the small mining
town of Shurugwi, in the Midlands province. South of Shurugwi, in Zvishavane
district, the banks of the Save River are dotted with squatter settlements set
up by panners. The Shamva area in the northern Mashonaland Central region has
also proved a magnet for prospectors. Although the government says it has
started a campaign to clamp down on illegal gold mining and dealing,
commentators question whether there is sufficient political will to carry out
the plan - which would mostly affect the rural poor. These Zimbabweans make up
the bulk of support for Zanu PF. Since the start of 2000, Zimbabwe has been
gripped by a variety of problems. The government is accused of perpetrating
widespread human rights abuses in a bid to maintain power, while triple-digit
inflation has impoverished large sections of the population. The United Nations
World Food Programme says it will provide emergency supplies to 4,5-million
people in the coming months.