http://www.radionz.co.nz
Updated at 9:50 pm on 26 July
2012
Zimbabwean prime minister Morgan Tsvangirai says he has to maintain
mutual
respect with President Robert Mugabe to help run the
country.
Dr Tsvangirai has been visiting New Zealand to ask it to lift or
suspend
financial sanctions it imposed 10 years ago.
He says he has
worked well with Mr Mugabe in their first two years of shared
power to
stabilise Zimbabwe's economy and improve its education, health and
water
systems.
However, talk of free and fair elections has led to them both
falling back
into political opposition, he says, and things have not gone so
well in the
past six months.
But Dr Tsvangirai says that will not
stop elections from going ahead.
He says a referendum on a new
constitution, which will set up a road map for
elections, will take place in
the next two months.
http://www.swradioafrica.com/
By Tererai
Karimakwenda
26 July 2011
The inclusive government has been strongly
criticised for approving a plan
to spend nearly half a billion dollars on
the construction of a new
parliament building, at a time when government
says it has no money for
basic pay rises for civil servants who are
desperate.
Raymond Majongwe, Secretary General of the Progressive
Teachers Union of
Zimbabwe (PTUZ), described the development as “shocking”,
saying Zimbabwe
needs water treatment chemicals, schools, hospitals,
electricity and pay
increases for people earning below the minimum
wage.
The state run ZBC news said local government Minister Ignatius
Chombo, who
chairs an inter-ministerial committee tasked with locating a
site for the
parliament building, had identified Mt Hampden in Harare as the
place where
the new parliament would be built, and cabinet had approved
it.
It has not been revealed just how government plans to fund this
project.
Finance Minister Tendai Biti announced in his mid-term policy
review this
month and said government needed to cut spending to cover a $600
million
deficit. Biti said funds from diamond sales are not being remitted
into
national coffers and the police and registrar general are also guilty
of not
remitting funds.
“It is clear this is money these guys are
stealing from the sale of diamonds
and other minerals. It has become a club,
a cartel, a mafia that is showing
the world they don’t care about us
anymore,” Majongwe told SW Radio Africa.
He added: “People want to look
at ZANU PF as the bad guys but the MDC is
also baptizing these processes.
Just look at the deafening silence coming
the MDC. They have agreed to bring
in a new crop of MPs, for what?”
The move to replace the old parliament
building, which has served as the
legislative seat for 112 years, follows
the controversial decision to
increase the number of parliamentarians in the
country from 210 to 270. This
will make Zimbabwe’s parliament one of the
largest in the world.
Majongwe said: “This is a bold statement by ZANU PF
that they are not going
anywhere. They have built their intelligence and
defence school and bought
new cars. Now there is this new parliament
building. It is sickening.”
http://www.herald.co.zw
Thursday, 26 July 2012 00:00
Herald
Correspondent
GOVERNMENT has identified a new site to construct a
Parliament Building in
Mt Hampden Kopje, a Cabinet Minister has said. Local
Government, Rural and
Urban Development Minister Ignatius Chombo
said
the Mt Hampden Kopje site came out the best compared to Oldberry Farm,
Merryvale Farm, Muguti Farm and Nyabira Rural Service Centre.
In an
interview on Tuesday, Cde Chombo said the new Parliament Building on a
240-hectare plot, would be the beginning of another satellite town for
Harare.
Villas, flats, a hotel, a restaurant and a nine-hole golf course
would
surround it. Minister Chombo said Parliament needed more land for
future
projects.
“Originally, Harare Kopje area was recommended and
identified as the
appropriate site, but it is a plan we had more than 10
years ago,” he said.
“At that time, the Senate was introduced and the number
of parliamentarians
increased to 210. It was recommended that a new
Parliament be built and two
months ago the President put up a six-member
committee with the Ministry of
Foreign Affairs, Ministry of Environment and
Natural Resources Management
and the Ministry of
National Housing and
Social Amenities, among others, to choose the ideal
location.”
“On the
Harare Kopje, we identified that it is the most congested area,
close to
obstructions, close to heavily built areas which provide little
room for
expansion,” said Minister Chombo.
The new Parliament complex will be
conceived in an integrated way with
restaurants and modern-day structures
placed in close proximity. Minister
Chombo said the complex would have
houses for the Speaker of the House of
Assembly and the Deputy and for the
Senate President and the Vice-President.
“There would be recreational areas,
banking malls, shops for artworks and
Internet facilities for the
legislators and boulevards will develop towards
it,” he
said.
Minister Chombo said the new Parliament complex would stand out as
the
legacy of President Mugabe and Zimbabwe. He said the total cost of the
new
building will be arrived at in due course. The new site is the original
site
where colonisers wanted to hoist the Union Jack and establish
Harare.
“They got lost after returning to South Africa where they wanted to
consult
their masters prompting them to hoist the Union Jack on Harare
Kopje,” said
Minister Chombo.
Transport, Communication and
Infrastructure Development Minister Nicholas
Goche said in the event that
the site was approved, Government would ensure
that state-of-the-art roads
were constructed to ensure accessibility.
http://www.swradioafrica.com
By Tichaona Sibanda
26 July
2012
Harare and Chitungwiza have this week reported a combined 112 new
cases of
typhoid and the contaminated water supply was seen as the culprit
in this
outbreak of the water borne disease.
The director of Health
Services in Harare, Dr Prosper Chonzi, said a team
has been deployed to take
samples from patients and to test water sources in
various areas.
The
medical director said the origin of the latest contamination is still to
be
determined but advised residents to boil their water before drinking
it.
Dr Chonzi added that the large number of cases in such a short span
of time
is characteristic of a common source outbreak. He explained that
typhoid
fever is transmitted by contaminated food or water.
‘We are
here to help not just in controlling the problem but to prevent its
re-occurrence and we will continue to educate communities on good sanitation
and hygiene,’ he said.
Officials from Harare and Chitungwiza have
attributed the outbreak to water
shortages, owing to the excessive
contamination of Lake Manyame. The council
had stopped supplying residents
with water because of the lake
contamination.
The lake is the main
water source for both Harare and Chitungwiza and there
are confirmed reports
that the town of Norton has been discharging its raw
sewage into the lake.
Our Harare correspondent Simon Muchemwa said this has
been an ongoing
problem facing Harare city council for years.
‘As indicated by the Town
clerk, Tendai Mahachi, the latest water problems
have been traced to Norton.
They have been discharging 10 million litres of
raw sewage close to Harare’s
raw water abstraction point. Even the Norton
chief executive officer Winslow
Muyambi confirmed that his council was
discharging raw sewage into Lake
Manyame,’ Muchemwa said.
He said a lot of people suspect this has been
happening for years, taking
into account the number of outbreaks that have
hit Harare and Chitungwiza in
the last five years alone.
City
officials said the water crisis would continue throughout the whole of
this
week, causing major problems for the millions of residents in the
affected
areas.
Companies that provide water in bowsers have been very busy in the
more
upmarket areas. Residents are paying US$50 for a 5,000-litre tank and a
2,500 litre tank costs US$40.
But the water delivery companies don’t
work in the high density areas,
creating major difficulties for the one
million residents who live in
Chitungwiza alone.
http://www.swradioafrica.com
By Tichaona Sibanda
26 July
2012
Bulawayo’s City Council declared a water emergency on Wednesday, as
lower-than-usual rainfall continues to plague the country’s second largest
city.
The city’s main dams and reservoirs are close to empty after
going for two
seasons without sufficient rainfalls. Bulawayo gets its water
from Insiza,
Inyankuni, Lower Ncema and Umzingwane dams.
Our
correspondent in Bulawayo, Lionel Saungweme, said the council decided to
declare an emergency after water levels fell to their lowest.
‘The
council has announced its decision to impose water rationing in the
city
that will see residents going for a day without water, twice a week.
Having
declared an emergency the council will seek urgent government funding
to
replace old and leaking water pipes,’ Saungweme said.
The central
business district will not be affected by the proposed
water-shedding
schedule.
Simela Dube, the city’s director of engineering services,
indicated that its
supply dams had only 90,000 cubic meters available daily,
against demand of
140,000 cubic meters.
The council has also set up a
stakeholders’ crisis committee to devise ways
of addressing the city’s
deepening water crisis. On Monday this week they
wrote to the major
stakeholders, inviting them to provide volunteers to be
part of the
committee.
‘The terms of reference for the committee shall entail
monitoring the water
crisis, recommending possible solutions, contribution
of material, finance
and expertise towards the management of the crisis,’
the letter said.
Of course the water crisis in Bulawayo is nothing new
and has been ongoing
for decades, because the government has not prioritized
dealing with the
problem.
http://www.dailynews.co.zw
Written by Staff
Writer
Thursday, 26 July 2012 14:36
HARARE - Germany and
Australia announced this week that they will provide
over $36 million
towards the improvement of water supply and sanitation.
The
three-year programme will enhance access to safe water and sanitation
for
the residents of Bulawayo, Kadoma, Norton, Chinhoyi, Gweru and
Kariba.
The programme, to be managed by GIZ, will improve access to water
and
sanitation services through the rehabilitation and repair of critical
water
assets in the short-term.
The cooperation with the urban
municipalities will also develop medium term
investment plans for improved
water, sanitation and hygiene resource
management.
The support will
also improve local council’s institutional capacities,
especially their
financial management, accounting, billing and revenue
collection
systems.
Australian ambassador to Zimbabwe, Matthew Neuhaus said:
“Australia’s
contribution to the programme is a clear demonstration of our
commitment to
help improve the lives of Zimbabweans through better access to
clean water
and sanitation services."
“Without the restoration and
strong recovery in the water sector, Zimbabwe
will continue to face the
danger of further cholera outbreaks with more
deaths and illnesses and
negative impacts on livelihoods.”
German ambassador to Zimbabwe, Hans
Gnodtke said: “Everybody knows how
important it is to have access to safe
water and sanitary facilities. With
poor access to these essential services,
life is not only quite miserable,
but your health and even your life is at
risk."
“Germany is committed to provide clean water which is considered
to be a
basic human right. Therefore, the programme is addressing one of the
most
burning issues of Zimbabwe’s urban population, especially of the women
and
the less well off, who do not have the means to protect themselves
against a
breakdown of public water supply and sanitation
systems.”
This partnership between Australia and Germany is the third
collaborative
programme in the water sector in Africa.
It follows
Australia’s contribution to Germany’s Transboundary Water
Management
Programme in Sadc since 2011, and Australia’s contribution to
Germany’s
programme to increase access to clean water and sanitation in
urban and
peri-urban areas in Zambia.
http://www.herald.co.zw
Wednesday, 25 July 2012 00:00
[
Michael
Chideme Municipal Reporter
Most parts of Harare will be without water until
the end of the week. City
officials said this was caused by Norton that
discharged 10 million litres
of raw sewer
close to Harare’s raw water
abstraction point.
The freezing temperatures are also “solidifying sewer
effluent,” affecting
works.
Town clerk, Dr Tendai Mahachi, yesterday
confirmed the increased pollution
of Lake Manyame by Norton Town Council was
part of the problem.
He showed the news crew clarifier ponds that were being
cleaned to remove
the blockages during a tour of water works
yesterday.
He said Harare was buying pumps to ensure the Norton sewer was
pumped into a
nearby plantation instead of Lake Manyame.
“I am going to
seek the mandate of council,” he said.
At least US$400 000 is needed to
resuscitate the Norton sewer plant.
The water situation is worse in the
satellite towns of Chitungwiza, Ruwa and
Epworth with Chitungwiza reporting
three cases of typhoid.
Residents were seen scrounging for water in
Warren Park, Westlea,
Chitungwiza, Ruwa and Norton yesterday.
In
Highlands, Borrowdale, The Grange, Chisipite and Glen Lorne areas,
companies
that sell water in bowsers are recording brisk business.
Residents are paying
US$50 for a 5 000-litre tank, while a 2 500 litre tank
costs US$40 to fill
up.
The water delivery companies do not serve high-density suburbs, a
situation
that forces residents to resort to shallow wells and
boreholes.
Women are the hardest hit as they walk long distances to fetch
water.
Mrs Henrietta Muyambo of Greendale suggested the city should deploy
water
bowsers each time there were water “challenges”.
Mr George
Rashirai said the water shortages had affected his daily
operations as he
had to wake up early to look for water for his children.
Mrs Netsai Chinyuku
of Belvedere said the suburb had not experienced any
water shortages despite
the city’s depressed supplies.
The Herald news crew yesterday visited the
Morton Jaffray Water Treatment
Plant to verify reports that the water
clarifiers were blocked.
Harare Metropolitan requires 1 200 million
litres a day.
Whittling supplies to around 311 million litres means only a
few residents
have access to water.
About 45 percent of the treated water
is lost either through leaks or
thefts.
This implies that very little
of the 311 million litres reaches the people.
“Our raw water quality is
bad.
“Normally we get 70 percent of our raw water from Lake
Manyame.
“But because Norton is discharging its raw sewer into the lake
we have had
to cut back on the amount of raw water we abstract,” said Harare
Water
director Eng Christopher Zvobgo.
He said the city had been forced
to revert to the heavily polluted Lake
Chivero, which is upstream of Lake
Manyame.
The effect of the heavy pollution is that the city has increased
its
chemical dosage into the water, attracting a huge monthly bill in excess
of
US$3 million.
Norton chief executive officer, Mr Winslow Muyambi,
confirmed his council
was discharging raw sewer into the lake and that the
sewer had affected
Harare’s raw water abstraction.
“It is true we have a
problem. Our plant collapsed,” he said.
He said the council has drafted a
work plan which cannot be implemented
because of cash-flow
problems.
Norton owes Harare over US$1,2 million in unpaid water bills while
its own
residents owe it US$1,7 million.
Failure to pay by both Norton
and its residents has serious repercussions on
reinvestment in the water
sector.
Mr Muyambi said besides council, industry was also directly
off-loading its
untreated wastewater into the lake.
He said such
activities were not only affecting potable water availability
but other
water-related activities like farming, fishing and rowing.
http://www.swradioafrica.com
By Tichaona
Sibanda
26 July 2012
Finance Minister Tendai Biti on Wednesday told
Senators in Parliament that
next time civil servants staged a demonstration
against government for
better pay, he would join them.
Civil servants
on Tuesday demonstrated against Biti after he last week
failed to address
their calls for a salary hike during presentation of his
Mid Term Fiscal
statement in Parliament.
Fielding questions from Senators on Wednesday,
Biti threatened to join civil
servants next time they went on strike. He
said: ‘I notice there was a
demonstration yesterday for pay increases by
civil servants; I want them to
be paid.
‘There is no question about
that, but the problem is that 73 percent of the
budget is going towards
235,000 people, leaving only 27 percent for 14
million people. Next time
they demonstrate, I am going to join them so that
we can go together to the
Ministry of Mines to bring money for diamonds and
also to the Ministry of
Defence to ask why they are over-employing.’
Last month, the government
admitted that it is not receiving any money from
Anjin, an army/Chinese
controlled diamond firm in Chiadzwa, which was meant
to be a joint venture
cash-cow for the state.
The Anjin mining company was formed in 2009 as a
joint agreement between
Zimbabwe and China, after the original claim owners
in Chiadzwa were booted
off the site.
The agreement was theoretically
meant to ensure that a sizeable portion of
profits from the lucrative
alluvial mine went to the Finance Ministry,
through the state owned Zimbabwe
Mining Development Corporation (ZMDC).
The estimated remittances from the
Chiadzwa diamond fields were US$600
million, but half-way through the
financial year, Biti said he had only
received US$25 million.
http://www.swradioafrica.com/
By Alex Bell
26 July
2012
ZANU PF’s top decision making body is set to debate the draft
constitution
and come up with an official position regarding the new
charter, which has
revealed more splits in the party.
Critics say
that ZANU PF is at is weakest point in years, with serious
factionalism and
infighting casting a shadow across all its decisions. The
draft charter has
proved again that all is not well in Robert Mugabe’s
party, with some
members expressing their dissatisfaction with the document.
A critical
Politburo meeting was called for Wednesday to deal with some of
the issues
that have left the party in this state. That meeting is set to
continue
until the end of Friday, when the constitution will be discussed.
The
meeting was meant to be the start of a “purge” by the Politburo ahead of
elections, with the party trying to get to grips with the factionalism that
soured relations among the top officials. Secretary for Administration
Didymus Mutasa said earlier this week that anyone responsible for “fanning
the flames” would face the “axe.”
But instead of announcing that
anyone was being booted out of the party, it
was announced that two
previously expelled members were being welcomed
back.
Back in the
party is Daniel Shumba, the former ZANU PF Provincial Chairman
for Masvingo,
who was implicated in the so-called Tsholothso scandal of
2004. He went on
to form his own party, the United People’s Party, which saw
him being kicked
out of ZANU PF.
The second member re-admitted is Godwills Shiri, who
violated the rules of
ZANU PF by competing as an independent candidate in
the 2005 elections in
Mberengwa East Constituency.
26/07/2012 00:00:00 | |
by Taffy Nyawanza | |
BRITAIN’S Supreme Court has emphatically ruled in RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2012] UKSC 38 (25 July 2012) that people should not be forced to lie about their true beliefs or lack of them in order to avoid persecution in brutal and despotic regimes such as Zimbabwe.
In a fairly brief decision, a full bench of seven lord justices upheld the correctness of the Court of Appeal decision in RT (Zimbabwe).
“Is it an answer to a refugee claim by an individual who has no political views and who therefore does not support the persecutory regime in his home country to say that he would lie and feign loyalty to that regime in order to avoid the persecutory ill-treatment to which he would otherwise be subjected?”
And writing the majority opinion, Lord Dyson puts the discussion in the context of the current Country Guidance case of RN (Zimbabwe) which confirms that anyone who is not loyal to Robert Mugabe’s regime will be at risk upon forcible return to Zimbabwe. He crystallises the issues before the court as:
# Whether the HJ (Iran) principle – which says that homosexuals do not have to lie about their sexuality to avoid persecution – can apply to an individual who has no political beliefs but has to pretend to support a political regime in order to avoid the persecution?
# Whether there is a real risk that such a person would face persecution on the grounds that he would be perceived to be a supporter of MDC, even though he may not be an MDC supporter?
Relating to the first issue, the Supreme Court states that the Refugee Convention gives equal protection to the right to express political opinion openly as it does to the right to live openly as a homosexual. There are no hierarchies of protection.
This applies equally to someone who actually has
no political beliefs but who is forced to pretend he does have them to avoid
persecution. This is because under both international and European human rights law,
the right to freedom of thought, opinion and expression protects non-believers
as well as believers and extends to the freedom not to hold and not
to have to express opinions.
In other words, “freedom to express one's opinion necessarily includes freedom not to express one's opinion”. More to the point, “Refugee law does not require a person to express false support for an oppressive regime”.
The judges said that this is because the idea "if you are not with us, you are against us" pervades the thinking of dictators. “From their perspective, there is no real difference between neutrality and opposition.”
As for the second issue, the Supreme Court confirms that even though a person may not in fact hold any political opinion, he may be perceived to hold them. As this leads to persecution, such a person is worthy of protection because it is the perspective of the persecutor which is determinative in this respect.
However, the more important enquiry relates to situations where people may pretend or lie that they in fact support a repressive regime. It is therefore crucial to assess whether they would be believed. In the context of Zimbabwe, for instance, a person may lie that they support Mugabe. But would the militias necessarily believe them?
The Supreme Court answers this by confirming that, on the current evidence, there is a high likelihood of being stopped at roadblocks and being interrogated in Zimbabwe except for those living in more affluent low density urban areas or the suburbs. And upon interrogation, it is highly likely that they would be disbelieved if they stated that they support Mugabe.
In a concurring speech, Lord Kerr emphasises that as a general principle, the denial of refugee protection on the basis that the person who is liable to be the victim of persecution can avoid it by lying is deeply unattractive, if not totally offensive.
This decision comes hard on the heels of yet another welcome development regarding the Country Guidance position by virtue of a Court of Appeal Consent Order which means that EM (Zimbabwe) is no longer good law.
RN (Zimbabwe) is now the current applicable law. RN (Zimbabwe) simply says that any Zimbabwean who has been in the UK for some time (the threshold in RN is 2 years) and who has claimed asylum should succeed in their claim if they have been found to be generally credible. This is because they will find it very hard to demonstrate that they are loyal to the Mugabe regime.
It should be possible to make a successful asylum claim on the basis of these developments, and for failed asylum seekers, to lodge fresh asylum applications simply on the basis of this decision, especially where someone was refused on the basis of EM (Zimbabwe).
All this will become even more relevant as the general elections draw nearer. We understand that the D-Day will either be late this year or early next year – which is more probable. What is beyond any shred of doubt is that this election is the big one and anyone who believes that Mugabe is ready to cede power to Tsvangirai is smoking something very strong.
Taffi Nyawanza is the principal of Genesis Law Associates, a specialist immigration and asylum law firm in Birmingham. He can be contacted on tnyawanza@genesislaw.co.uk or ph. 0121 212 0451 or visit Genesis Law Associates’ website at www.genesislaw.co.uk
Disclaimer: This article only provides general information and guidance on immigration law. It is not intended to replace the advice or services of a solicitor. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information
http://www.swradioafrica.com/
By Alex
Bell
26 July 2012
A group of City Councillors in Harare are planning a
legal bid to halt the
construction of a mall in Borrowdale, with more
questions being asked about
the legality of the agreement that led to the
land being handed over as a
building site.
The mall project has been
shrouded in controversy and marred by public
protest, with conservationists
leading the call for the building site to be
moved elsewhere. Currently, the
plans are to build the mall in a wetlands
area of Borrowdale, which
conservation groups have warned will have a
serious environmental
impact.
The Elected Councillors Association of Zimbabwe is now also
planning to step
in, amid reports of shady deals and corruption. The
Association has
finalised papers it plans to lodge with the Administrative
Court to halt the
construction, as part of a wider investigation into
unscrupulous business
dealings in Harare involving Local Government Minister
Ignatius Chombo.
The Association’s Worship Dumba told SW Radio Africa on
Thursday that the
matter goes back to a 2008 deal secured by Chombo for the
construction of
the Harare Airport Road. That project saw an agreement being
signed by
Chombo and Augur Investments, the company now also involved in the
mall
project.
The land now being used for the mall in Borrowdale is
understood to be part
of the payment plan for the airport road, which was
priced at US$80 million.
That figure is seventy million more than what
independent estimates pegged
the cost of the road to be. A councillors
investigation in 2010 meanwhile
said that the agreement formed part of a
scam to “fleece the council out of
millions of dollars and vast tracts of
prime land.”
Dumba told SW Radio Africa that the irregularities are vast,
including the
fact that Augur Investments was a company set up by Chombo
back in 2008.
Among the companies board of directors are Harare City Council
Town Clerk
Tendai Mahachi, and the director of urban planning services
Psychology
Chiwanga, who are all Chombo placements. Dumba said this is a
clear
“conflict of interest.”
He also explained how the proper
procedures for the selling of council land
were also not followed in the
deal for the mall, including the fact that the
land was seriously
undervalued.
“It is very queer that the land which is worth 15 dollars
per square meter
was sold at just three dollars fifty per square metre,”
Dumba explained.
He added that other legal requirements, like residents
being legally allowed
to register their complaints about council land plans,
were not followed. He
said these procedural problems, plus the clear
conflict of interests in the
deal were enough to table a legal
challenge.
“We think it is best that that the administrative court looks
into it and
brings everyone to book who is involved in shoddy deals. Our
paperwork is
finalised and we are waiting for a council decision on the
future of the
mall before deciding to file the application,” Dumba
said
The Harare City Council is still to give its full approval for the
project
at a meeting in the city next Tuesday. Already, Harare Mayor
Muchadeyi
Masunda has given the plans the ‘thumbs up’ while the council’s
environment
committee has said it approves of the plan.
http://www.swradioafrica.com/
By Tererai
Karimakwenda
26 July 2012
The co-chairman of the Joint Monitoring and
Implementation Committee (JOMIC)
for Mashonaland Central is reported to be
in police custody after being
abducted by officers on
Wednesday.
Godfrey Chimombe of the MDC-N, who co-chairs Mash Central’s
JOMIC team with
Henry Chimbiri from the MDC-T, is being held by Law and
Order officials in
Bindura. Chimbiri told SW Radio Africa that police had
initially refused to
specify the charges and are being “extremely
rude”.
Chimbiri explained that the police eventually accused the MDC-N
official of
making a statement regarding the death of the late army general
Solomon
Mujuru. No other details were given about the charges but an unnamed
police
officer told Chimbiri the case would go to court next
week.
Chimbiri said this is a plot by the partisan police to because they
want to
curtail Chimombe’s movements in Mash Central, where JOMIC are making
progress with their peace-building initiatives.
JOMIC was established
by regional leaders who negotiated the inclusive
government, to assist the
political parties with implementation of the
Global Political Agreement
(GPA). Their mandate includes monitoring
political violence and mediating in
the conflicts between the parties. But
the Committee has no powers to make
arrests.
Chimbiri said the police in the province have made it clear they
support
ZANU PF and are the ones sabotaging JOMIC’s efforts to create an
environment
free of political violence. He added that a faction within ZANU
PF is making
moves to undermine JOMIC and the MDC formations.
“Most
of the farms that were seized in this province are occupied by people
who
are the most brutal within ZANU PF. It is some of the best farmland and
it
is occupied by military officials and brigadiers who want to destroy the
GPA,” Chimbiri said.
The MDC-T official warned the police to stop the
harassment, saying
Zimbabweans are tired of being pushed around and will
retaliate when
elections are held.
http://www.radiovop.com
Professor Matodzi
Harare, July 26, 2012 - The State on Wednesday withdrew
summons issued
against Abel Chikomo, the executive director of the Zimbabwe
Human Rights
NGO Forum, to stand trial on charges of running an
“unregistered”
organisation.
Chikomo was served with summons early this month by two
police officers only
identified as Sergeant Ndawana and Detective Chipwanya
to stand trial at the
Harare Magistrates Court on Wednesday 25 July
2012.
But the trial could not commence after State prosecutor Innocent
Chingarande
withdrew summons issued against Chikomo after he advised that
the State was
not ready to proceed with the matter.
It was agreed
that should the State intend to proceed with the matter they
would have to
serve fresh summons on Chikomo to initiate the case.
Chikomo was
represented by Zimbabwe Lawyers for Human Rights board member
Selby Hwacha
and Jeremiah Bamu.
He denied the charges which came after the forum
conducted a survey on
transitional justice in Harare’s Highfield suburb. The
State said the survey
was illegal since the organisation was unregistered.
http://www.newzimbabwe.com
25/07/2012 00:00:00
by Staff
Reporter
RESTIVE legislators this week blasted political
squabbling and policy
confusion in the coalition cabinet as concern
increased over country’s
faltering economy with the 2012 national budget now
off the rails, rendering
initial growth projections overly
optimistic.
The MPs demanded the cabinet come up with serious policy
interventions as
they debated last week’s Mid Term Fiscal Policy review in
which Finance
Minister Tendai Biti admitted the US$4 billion revenue
projection for the
year would fall 10 percent short and cut growth forecast
from the initial
9,4 percent to 5,6 percent.
“We have failed to come
up with indicators just to say there will be
something in two years and in
two years this country will have enough
energy. Yet Cabinet meets every
week, Ministers are in their offices every
day and one wonders what is
really happening,” said Goromonzi North MP Paddy
Zhanda (Zanu
PF).
“We are appealing to the Government to be serious in addressing the
economic
situation in the country. We cannot allow for politics to continue
taking
centre stage in the country.
“The (Finance Minister) has
attempted to do something like trying to repair
a battered vehicle - the
chassis is burnt, the engine is oozing out oil, the
radiator is leaking, it
has no cap, it is boiling, it is showering water
out, the tyres are worn
out, it has no lights, it has no starter, the window
screen is shattered,
the boot, the bonnet and all doors are secured by wire.
“The vehicle will
not go anywhere and the first thing that the unlicensed
driver wants to do
is to fix the number plates. The economy has got a host
of problems and
sincerely we have to start with first things first.”
Zhanda said it was
inconceivable that the government had failed to address
perennial energy
supply problems which have hit the country’s productive
sectors such as
mining, agriculture and manufacturing.
“How do we turn around the economy
with energy shortages? Mining,
agriculture . . . all need energy. We are
dealing with an economy that
hinges its turnaround on agriculture and mining
all need energy yet this was
not addressed.
Zimbabwe does not
generate enough electricity to meet its needs and efforts
to plug the gap
with imports from the region have been undermined by the
lack of funds.
Supplies are currently being rationed between both commercial
and domestic
users.
The legislators said political squabbling in the cabinet had
taken
precedence over sensible economic planning, citing the public spat
between
Mines Minister Obert Mpofu and his Industry counterpart Welshman
Ncube over
ZISCOSTEEL which has stalled a deal to resuscitate the collapsed
company.
“The minister brought a budget that was approved by Cabinet and
then after
the presentation another minister comes the following day in
newspapers
lampooning the same budget,” said Bulawayo East representative Ms
Tabitha
Khumalo (MDC-T).
“What are you saying to us backbenchers, what
are you saying to the ordinary
people when we expect you to be a
team.”
Biti admitted that the cabinet was largely dysfunctional and told
MPs his
mid-term fiscal policy review was effectively a “crisis
statement”.
“There is absolutely no exaggeration at all the inclusive
Government is
dysfunctional; it has failed to transcend the make-up of party
politics and,
as a result, half-baked statements continue to be made,
illiterate
statements continue to be made, cheap points scoring continue to
be made in
the end who suffers, is not the person who sits in Cabinet but
the ordinary
people,” he said.
Biti said Zimbabwe needed foreign
direct investment adding the cabinet had
agreed key changes to the country’s
indigenisation legislation under which
foreign companies cannot own more
than 51 percent of their local operations.
Critics claim the policy,
mainly pushed by President Robert Mugabe and his
Zanu PF party, will harm
prospects of attracting much-needed foreign
investment.
“I went to
the Head of State and Government and Commander in Chief of the
Zimbabwe
Defence Forces Cde Robert Mugabe and we agreed on this and we are
going to
implement it because without FDI we cannot grow this economy, we
cannot
create jobs FDI is the oxygen we need,” Biti said.
http://www.zimeye.org/?p=58880
By A
Correspondent
Published: July 25, 2012
ZIMBABWE’s Finance
Minister Tendai Biti has ruled out a return of the
Zimbabwean dollar saying
that the country’s central bank is still
incompetent to print the infamous
currency.
Responding to questions by Senators led by Matobo Senator,
Sithembile
Mlotshwa, Biti said the reserve bank’s imports are still
outweighing the
exports a situation that would bring automatic detriment to
a locally
printed currency. Biti resounded memories of economic disaster in
recent
years when toilet tissue paper became more expensive than the
country’s own
paper-money.
“Another tsunami” if Zim Dollar is
reprinted
Biti said that the balance of payments account would
immediately trigger
more disaster if the dollar were printed
soon.
“The Zimbabwean dollar is going to come back – there is no question
about
it, but there are factors for government to determine when it is
coming and
these are the relationship between imports and exports and that
relationship
should balance.
“Our exports are around $3 billion, but
our imports are around $8 billion
and that equation is not balancing and so
you cannot bring back the Z$ until
we narrow the current account and until
this country is able to export goods
of at least $10 billion. Both our
capital and current accounts are in the
negative and our balance of payment
position is in the negative and if we
bring the Zimbabwean dollar today, it
will be hit by tsunami such that those
trillions will even be more,” he
said.
High interest rates
Biti also stated that the current high
interest rates are due to the fact
that people are viewing the US currency
as the Zim dollar, causing
exhorbitant interest rates.
People are
trying to bring down the US$ to the level of the Z$ and banks are
putting
10% to 15% interest rates on lending yet this is a US$ economy. In
America
if you are given a 3% interest rate they will say there is something
wrong
with that bank, yet in Zimbabwe just to get a plumber to fix your
geyser
they will charge you $400,” he added.
Other issues
On other issues, Mr
Biti lamented the condition of government parastatals
and their bosses who
he charged for living lavish lifestyles and allegedly
bleeding the companies
through corruption.
“We have refused to give them money and we have not
financed any parastatal,
but we are also sitting on the value of money
because these parastatals like
the GMB can be valuable companies,” he
said.
CDF FUND more money
Legislators received good news that the
minister will soon set aside another
$20 000 and $30 000 for the
Constituency Development Fund but in view of
past abuses, added that a
proper legal framework should be set up.
The latest debates about the Zim
dollar have been triggered after Reserve
Bank govenor Gideon Gono called for
a return of the local currency despite
concerns about viability.
http://www.radiovop.com
Harare, July 26, 2012 —
President Robert Mugabe will launch the Marange
Zimunya Community Share
Ownership Thursday as government presses ahead with
the indigenisation
programme which analysts say scare away foreign
investors.
The trust,
the fifth to be launched since last year, will see the diamond
producers
contributing to the trust.
In May government launched the Gwanda
community share ownership trust.
Last year the Mhondoro-Ngezi-Zvimba
community trust was launched in which
Zimplats gave 10% to the
community.
Unki launched the Tongogara trust while Mimosa also launched
the Mimosa
community trust.
Under the Indigenisation Act a company
can be compliant it it sets up
community trust, employee trust or sell
shareholding to the National
Indigenisation Economic Empowerment
Fund.
Government’s indigenisation programme has been mired in controversy
as
officials offer conflicting statements on how the policy would be
undertaken.
Finance Minister Tendai Biti recently said that cabinet
had agreed to
exempted new investors from complying with the 51% threshold.
Youth
Development Indigenisation and Empowerment minister Saviour Kasukuwere
and
Reserve Bank of Zimbabwe governor Gideon Gono recently traded barbs over
implementation of the programme in the financial sector, the heart beat of
the economy.
Old Mutual, Schweppes Zimbabwe Limited and Meikles
Limited have already set
up employee trusts.
http://www.voanews.com
25 July
2012
Jonga Kandemiiri | Washington
Barely a day after
staging an hour-long protest against the government for
failing to increase
their salaries, Zimbabwe civil servant unions were
battling each other
Wednesday over leadership of their umbrella body, the
Apex
Council.
Tensions were already simmering even as they united in Tuesday's
march
demanding a salary hike.
Some unions falling under the Apex
Council, notably the Progressive Teachers
Union of Zimbabwe and the Teachers
Union of Zimbabwe, are against the
appointment of one Cecilia Alexander as
the Apex Council's new chairperson.
She was set to take over Wednesday
from outgoing chair Tendai Chikowore
whose term of office expired in
February. Alexander was secretary general
Chikowore's outgoing Apex Council
executive.
The PTUZ and the ZTU do not want Alexander to head the union
saying as an
outgoing secretary general, she should give the opportunity to
new faces.
Unions in the Apex Council rotate the chairmanship post, so it
is now the
PSA's turn to second its candidate but other unions do not agree
with its
choice of Alexander.
Chikowore’s should have handed over to
Alexander and her team Wednesday but
in-fighting and squabbles made it
impossible.
Teachers Union of Zimbabwe chief executive officer Manuel
Nyawo says they
are rejecting Alexander because they are tired of having
"recycled leaders".
General secretary Raymond Majongwe of the PTUZ agrees
with Nyawo, adding
they are not against the PSA’s chairmanship, but its
choice of candidate.
Zimbabwe Teachers Association chief executive
officer Sifiso Ndlovu says his
organization will not interfere with the
running of the PSA, whose
secretary, Emmanuel Tichareva, told VOA a meeting
would soon be called to
discuss the divisive issue.
http://www.thezimbabwemail.com
by JASON SMITH, Plus
other sources 1 hour ago
LONDON - The United Kingdom government
has raised concerns with Virgin
Islands officials about VI-registered
companies that are allegedly involved
in allowing members of the Zimbabwean
“secret police” to profit from the
country’s diamond trade.
The UK’s
House of Commons hosted a debate on Zimbabwe’s “blood diamonds” on
July 17
to discuss the link between the country’s minerals trade and alleged
human
rights abuses.
During the debate, members discussed a report published in
June by the
non-profit group Global Witness that alleged members of
Zimbabwean’s Central
Intelligence Organisation had used a network of
companies, including some
registered in the VI, to disguise funding the
group had reportedly received
from Sam Pa, a Chinese
businessman.
Alistair Burt, a Conservative Party MP, said that
discussions about the
matter, and about the identity of the beneficial
owners of the VI-registered
companies, are ongoing.
“The question of
governance and transparency in diamond revenue flows
therefore remains
genuinely difficult to answer,” he said, adding, “We have
discussed this
with partners. … We have raised concerns about the handling
of diamond
finance with the British Virgin Islands.”
This week the Zimbabwe
Independent, which has over the years been
investigating the goings-on at
Marange diamond fields, carries the third
instalment of the latest Global
Witness report, Financing A Parallel
Government?, which makes interesting
revelations about Chiadzwa.
This week the report by the UK-based
non-governmental organisation which
campaigns against natural
resource-related conflict, corruption and
associated environmental and human
rights abuses exposes how Zimbabwe’s
security forces direct shadowy
companies as a means to fund their agenda
off-budget. The Global Witness
reports sheds light on activities unfolding
at Marange diamond fields,
detailing who is involved and the intricate
networks comprising the Chinese
and Zimbabwe’s security forces, the army,
police and intelligence services
dealing in diamonds, cotton and property
sectors.
Members of the CIO
are directors of three interlinked companies:
Sino-Zimbabwe
Development (Pte) Ltd, registered in Singapore on June 12
2009, with
directors: Lo Fong Hung, Veronica Fung Yuen, Jimmy Zerenie, Gift
Kalisto
Machengete and Pritchard Zhou;
Strong Achieve Holdings Ltd, registered in
the British Virgin Islands on
March 23 2009, with authorised signatory:
Masimba Ignatius Kamba;
Sino-Zimbabwe Development (Pvt) Ltd, incorporated
in Zimbabwe on May 14
2010, with directors: Masimba Ignatius Kamba and Lo
Fong Hung.
Global Witness, through information obtained from several
sources within the
Central Intelligence Organisation (CIO), has identified
three of the
Zimbabwean directors of these companies as members of the
CIO.
The first, Gift Kalisto Machengete, is a director of the Zimbabwean
company
Sino-Zimbabwe Development (Pvt) Ltd, and holds 51% of that company’s
shares,
according to records held at the Zimbabwean company registry.
Multiple
sources from within the secret police identify Dr Machengete as a
director
of finance and administration in the CIO. Machengete is also
currently a
board member of the Grain Marketing Board (GMB), and on its
website he has
publicly listed his career history as including employment as
a research
economist in the President’s Department (parent department of the
CIO) from
1985-1991.
He was also Head of Coordination and Secretariat
in the President’s
Department in 1998; Acting High Commissioner at the
Zimbabwean High
Commission in Malaysia; and from 2006 he was appointed as
deputy director
Administration and Finance in the President’s
Department.
Further, there is a company called Sino-Zim Diamonds Ltd,
registered in Hong
Kong on April 15 2010. This shares a director, Jimmy
Zerenie, with
Sino-Zimbabwe Development (Pvt) Ltd, but Global Witness has no
information
to suggest that the CIO has any role in this Hong Kong company,
nor that the
directors or staff of Sino-Zim Diamonds Ltd had any knowledge
of any CIO
involvement in “Sino-Zimbabwe Development”.
The second,
Pritchard Zhou, is a director of Sino-Zimbabwe Development (Pvt)
Ltd.
According to Zimbabwe’s company register, Zhou has been identified as a
CIO
operative by several sources within the secret police. In 2005 he was a
minister counsellor at the Zimbabwean Embassy in South Africa. He is
presently director of the Zimbabwe National Heritage Trust.
The
third, Masimba Ignatius Kamba, is identified by one source as holding a
leadership position within the Zimbabwean company, Sino-Zimbabwe Development
(Pvt) Ltd, although he does not appear in the Zimbabwean company register.
He is, however, listed as a director of Sino-Zimbabwe Development (Pte) Ltd,
registered in Singapore, and as the authorised signatory for Strong Achieve
Holdings Ltd, registered in the British Virgin Islands. Several credible
sources within the CIO identified Kamba as another CIO member.
In
addition Kamba was named in the media as a senior member of the CIO when,
in
2010, he was the beneficiary of the unlawful seizure of Silverton Estate,
a
commercial farm. During the seizure of the farm, Kamba told the owners he
was director of finance in the President’s Office. This claim was publicly
repeated in 2010 in the newsletter of the Office of the Zimbabwe Prime
Minister (MDC), which alleged that Kamba is the director of administration
in the CIO.
In some of the court documentation surrounding the farm
seizure Kamba is
sometimes described as Ignatius Kamba, and once gives his
address as Private
Bag 0095, Gaborone, the address of the Sadc secretariat
in Botswana.
There are also several public reports of men named Ignatius
Kamba, Masimba
Kamba or IM Kamba, who may be the same man, but Global
Witness has not been
able to confirm they are one and the same person. In
1998 Kamba was a
counsellor in Zimbabwe’s Mission to the European Union. In
2004 in a list of
the Reserve Bank of Zimbabwe’s governing board an IM Kamba
was publicly
listed as acting director of Economics in the President’s
Department. A man
named Masimba Kamba was appointed to the board of the
National Oil Company
of Zimbabwe in 2006. Finally, in 2011, a Masimba Kamba
attended, as a Sadc
representative, an Asean-EU High Level Expert Workshop
on Preventive
Diplomacy and International Peace Mediation, held in
Indonesia.
Sino-Zimbabwe Cotton Holdings, a company which Global Witness
believes to be
in effect the same firm as Sino-Zimbabwe Development (Pvt)
Ltd, is accused
of being represented by senior Zanu PF politicians and
serving and retired
CIO officers during a 2010 dispute over the company’s
behaviour in the
cotton industry. In court documents senior Zanu PF
government officials are
alleged to have “spearheaded” the entry of the
company into Zimbabwe. These
officials include Saviour Kasukuwere, the
Minister of Youth Development,
Indigenisation and Empowerment, Nicholas
Goche, Minister of Transport and
Assistant Commissioner Martin Kwainona, a
police officer and member of
President Mugabe’s personal
bodyguard.
Goche and Kasukuwere are on both the EU and US sanctions
lists, while
Kwainona is on the EU sanctions list.
Global Witness
interviewed some of the parties to the dispute. They alleged
that during
meetings between the parties, Sino-Zimbabwe Cotton Holdings was
represented
by former members of the CIO. On one occasion, a currently
serving senior
member of the CIO represented Sino-Zimbabwe Cotton Holdings.
At district
level Global Witness interviewees identified local Sino-Zimbabwe
Cotton
Holdings representatives as CIO officers, who were permanently based
in the
areas where they operated and were well known to locally-based cotton
companies.
Sam Pa’s apparent financial support for the CIO undermines
Zimbabwean
democratic processes and institutions. By its very nature,
off-budget
financing of the security sector undermines Zimbabwean democratic
processes
and institutions. The GNU should decide its spending priorities
through
collective agreement in cabinet. Zimbabwe’s National Security
Council should
set a national security strategy, and the GNU should raise
taxes to fund
these priorities. The process of managing expenditure and
raising revenues
should be carried out by the Ministry of Finance, overseen
by the cabinet of
the GNU.
These processes should be scrutinised by
parliament. Off-budget financing
undermines democracy by allowing security
forces to set, and fund, their own
agenda.
http://www.voanews.com
Sebastian Mhofu
July
26, 2012
HARARE, Zimbabwe — The U.S. government has pledged an additional $39
million
to fight AIDS in cash-strapped Zimbabwe, bringing its total
contribution to
nearly $100 million. The funds come through the President's
Emergency Plan
for AIDS Relief, known as PEPFAR.
Announcing the
increase in PEPFAR funding this week, outgoing U.S.
Ambassador to Zimbabwe
Charles Ray said that with the new U.S. support,
non-governmental
organizations now will supply anti-retroviral medication to
140,000
HIV-positive patients.
"We will be looking [at] an increase of about $15
million in the area of
voluntary medical circumcision, which is a proven
safe and effective
intervention measure for HIV prevention," said Jillian
Bonnardeaux, acting
U.S. spokeswoman in Harare while describing how the new
PEPFAR funds will be
used. "We will see $18.6 million to allow the
government of Zimbabwe to
increase anti-retroviral medications and the third
area is toward
accelerating the prevention of mother-to-child
transmission."
Male circumcision
According to U.N. figures,
Zimbabwe has about 1.2 million people living with
the HIV virus. The country
is already familiar with anti-retroviral
medications and the concept of
preventing mother-to-child transmission. But
the idea of male circumcision
appears to be getting some resistance.
Since June, when some members of
parliament underwent voluntary medical
circumcision, the Zimbabwean media
has been downplaying the effectiveness of
the method. Media reports say
circumcision is a dangerous distraction in the
fight against HIV/AIDS,
claiming the procedure only reduces female-to-male
HIV transmission rates by
no more than 1.3 percent.
The U.N. World Health Organization WHO,
however, says male circumcision
reduces female-to-male HIV transmission by
up to 60 percent.
Progress
Bonnardeaux said the negative
perception will disappear in time.
"I think anything that is new deserves
a closer look. This male circumcision
is something that has been proved safe
and effective. We need to look at the
science behind it. I think part of it
is our job and part of it is the job
of the Zimbabweans of how it can be
effective here," said Bonnardeaux.
Zimbabwe journalist Tinashe Farawo was
circumcised last month. He endorses
all three initiatives to achieve what
the Obama administration has called an
"AIDS-Free Generation." That includes
male circumcision.
"People are dying because of this disease [HIV/AIDS].
But if people get
circumcised and use all other methods: condomize, be
faithful to their
partners, getting tested, I think it will be OK because it
was proved," said
Farawo. "Of course, you still remain exposed because 60
percent is not 100
percent, so you are still at risk like anyone
else."
HIV prevalence in Zimbabwe has dropped steadily during the past 15
years,
falling from an estimated 26 percent in the late 1990s to about 14
percent
today.
http://www.voanews.com/
25 July
2012
Sithandekile Mhlanga | Washington
Women from various
African countries, including Zimbabwe, have formed a
coalition to fight
HIV/AIDS, at the ongoing International AIDS Conference in
Washington, urging
prevention and treatment to focus mostly on young women
still at
child-bearing stage.
The Pan African Positive Women’s Coalition was
officially launched amid
ceremony on Wednesday.
Zimbabwe Deputy Prime
Minister Thokozani Khupe, current president of the
Global Power Africa Women
Network, urged women to fight the stigma
associated with HIV/AIDS, and focus
on improving their lives.
Khupe gave a personal account of how she
bravely fought breast cancer
without giving in to negative comments and
attitudes.
“Some people were saying 'look she is thin, she is dying' but
I fought on,"
she said to thunderous applause. "I went bald during
treatment, refusing to
wear a wig. I stood tall and was proud of myself.
Today, I stand in front of
you alive and kicking.”
The organization’s
convener, Tendai Westerhorf, also a Zimbabwean and
publicly living with HIV,
outlined the aims of the organization, which has a
membership of 24 African
countries.
She said the group will work with civic organization at
country level and
international groups to implement
policies.
Delegates from other African countries complimented the
newly-formed group
and delivered messages of solidarity. A moment of silence
was observed to
honor the late Ghanaian president John Evans Atta Mills, who
died Tuesday.
Speaking to Studio 7 on the sidelines of the conference,
ending Friday,
lawmaker Blessing Chebundo, chairman of the Zimbabwe
Parliamentarians
Against HIV/AIDS said the global focus of the conference
will energize
people from all countries to fight the epidemic.
At
Wednesday’s plenary session, experts told the International AIDS
Conference
that women still bear the burden of HIV/AIDS three decades into
the
epidemic, adding females therefore, needed to be a priority in research,
care, and treatment.
Chewe Luo, Senior Advisor on HIV/AIDS at UNICEF
said the global aim is to
eliminate new HIV infections by 2015.
Luo
added a research is being done to test and treat HIV positive pregnant
women
regardless of their CD4 count to optimize their health and reduce
mother-to-child transmission of HIV, and spreading of the virus among
couples.
http://www.thezimbabwean.co.uk
The bungling Zimbabwe Electricity
Supply Authority is set to lose the
Bulawayo Power Station to the Bulawayo
City Council if current negotiations
between the government and the local
authority materialise.
25.07.1209:24am
by Zwanai Sithole
Harare
“We want ZESA to bring back the Bulawayo Power Station to
the council so
that the city electricity’s high costs can be reduced.
Representations have
already been made to government,” said the Mayor, Thaba
Moyo.
“The issue of transferring the power station has been debated in
parliament
.It was decided that local authorities which owns power station
should
repossess them and generate their own electricity,” he
said.
Last month, the Harare City Council also demanded the Harare Power
Station
back from ZESA. The city council accuses the power utility of
running down
the power station. The Bulawayo thermal power station became
part of ZESA in
1987 after the amalgamation of all the Local Authority
Electricity
Undertakings.
The council’s decision was hardened early
this after ZESA disconnected
electricity to Tower Block and the city council
over a debt of more than $20
million.
http://www.radiovop.com/
Bulawayo, July 26, 2012 - Electricity blackout
marred the official opening
of the mine show which kicked off in Bulawayo on
Wednesday.
The Zimbabwe International Trade Fair (ZITF), the venue of the
expo had no
electricity, resulting in exhibitors failing to demonstrate
their equipment
to clients and also failing to make power point
presentations.
Both foreign and local exhibitors who spoke to Radio VOP
blasted the
Zimbabwe Electricity Supply Authority (ZESA) for the black out
and the
organisers for failing to have a backup plan.
George Huggigs,
whose company is exhibiting underground mining locomotives,
said his stand
had no electricity for most of the morning despite assurances
that power
would be restored within minutes.
His sentiments were also echoed by
George Moyo, the general manager of Bolt
Gas an international industrial
mining company.
“Since morning we have been doing nothing. We cannot show
our clients videos
of what our company offers. This is an international
event which did not
deserve electricity interruption. We are very
disappointed,” said Moyo who
is based in South Africa.
He said the
blackout was unfortunate as the show had attracted several
exhibitors.
Over 6,500 square metres of space was taken up by
exhibitors to the show
that is expected to be officially opened by Vice
President Joice Mujuru on
Thursday but ends on Friday. A total of 200
foreign and local exhibitors are
participating.
Although ZESA's
spokesperson, Fullard Gwasira, could not be reached for
comment, officials
at the Zimbabwe Electricity Transmission and Distribution
Company (ZETDC)
stand claimed that the electricity blackout was caused by a
major fault.
http://www.newzimbabwe.com/
26/07/2012 00:00:00
by Staff
Reporter
FINANCE Minister Tendai Biti has again laid into the
China-controlled
diamond mining firm, Anjin Investments, claiming the
company was ripping the
country off adding its murky operations were
reminiscent of settler-colonial
exploitation.
Biti told legislators
that although diamond production had increased from
2,5 million carats to
4,5 million carats this year, revenues had been
stagnant at US$41 million
and singled out Anjin for particular criticism.
He claimed that the
Chinese firm, the largest of the five companies
operating in the reputedly
rich diamond fields at Marange, was taking most
of the revenues out of the
country.
“It can’t be a one way traffic of extraction (without benefits
to Zimbabwe)
that would make Cecil John Rhodes look like an angel…we are
going to
continue speaking about diamonds,” he said.
Biti said while
Mbada Diamonds – a much smaller company - had contributed
US$2 million in
Pay As You Earn, Anjin brought in just US$200,000.
“Where we got US$41
million we should have got US$285 million. To accept
US$41 million it means
we are stupid, we are fools; we are idiots,” he said.
“The Chinese are
saying to themselves that we found our fools in Zimbabwe.
In other countries
they are building freeways, dams, real development and
not these hotels they
are building here.”
Biti was reacting to concern from MPs over the state
of the country’s
economy after he was forced to cut his growth forecast for
the year and
concede that the US$600 million expected from diamond sales
would no longer
be realised.
But Anjin has previously dismissed
Biti’s criticism, accusing the Minister
of over-estimating potential
revenues from diamonds when he presented his
2012 budget.
“It is
either he is untruthful, incompetent or illiterate. He made the
blunder and
miscalculated. He must be man enough and admit that he made a
mistake,”
Anjin board member Munyaradzi Machacha said last month during a
visit to
Marange by EU envoys.
“He (Biti) is scapegoating companies like Anjin for
his miscalculations. He
is persecuting a cash cow because he made a
blunder.”
Still, MPs urged the government to find ways of ensuring diamond
revenues
were not diverted away from Treasury.
Said Bulawayo East MP
Tabitha Khumalo: “The money from Chiadzwa must go to
Treasury, Chiadzwa must
be owned by the State, We have money but we have
misplaced
priorities.
“If the Cabinet does not want to deal with the question
of Chiadzwa then I
am going to urge the people of Zimbabwe to go and invade
Chiadzwa.”
Anjin Investments is one of the five companies presently operating
at the
Marange diamond fields.
Deputy Mines Minister Gift Chimanikire
recently revealed that the Zimbabwe
Defence Industries (ZDI) has a 40
percent interest in the company while the
state-run mining firm, ZMDC, owns
10 percent. The balance is controlled by
the Chinese Defence Industries.
23 July
2012
INTRO:
Zimbabwe's
long-awaited draft constitution is finally out, after four years of bickering
between the coalition government parties. The management committee, comprising
negotiators from the three political parties in the unity government, worked
through the night until they agreed on the final draft on July 17. Each one had
to append their signatures to the final copy to avoid backtracking problems in
the future.
Kent
University law lecturer Dr. Alex Magaisa was an expert adviser for the MDC-T to
the Parliamentary Select Committee, or COPAC, which was responsible for crafting
the draft.
Magaisa
tells the Voice of America's Violet Gonda that the final draft has some
positive changes from the current Lancaster House Constitution. However, the law
expert says there are some clauses that were in the first draft that appear to
have disappeared in this last document that was finalized by the management
committee. The changes include the disbanding of the Parliamentary Public
Appointments Committee, which was supposed to recommend or vet appointments made
by the President.
He began
by talking about a proposal for an American-style election system with
presidential running mates.
MAGAISA: This is
something new in Zimbabwe. My understanding is that there will be a President
who will have not just one but two running mates. The person who runs for the
presidency will have to nominate two running mates if he or she wins there will
be a first Vice President and a second Vice President. So there will be a clear
hierarchy of power. I think there will be criticism that there is no need to
have two running mates but I suspect the negotiators were looking at it from the
specific dynamics of Zimbabwean politics.
GONDA:
So what are the implications of having two running mates?
MAGAISA: The
issue of the two vice presidents is one that emerged in the Unity Accord between
Zanu PF and PF ZAPU but I think its fairly well known that in Zimbabwean
politics there is always the dynamic of trying to balance the regional concerns,
in particular between the southern and northern regions so that you have two
vice presidents.
Personally
I am not in favor of it because it’s a sheer waste of money, I think it will be
useful simply to have one Vice President and deal with it that way but this is
what we have. The implications –you have a large presidium but at the same time
I think it also means that you are going to have a clear line of succession.
Persons who are running for presidency, whether in Zanu PF, the MDCs or any
other political party are going to be forced to nominate who they favor to be
their Vice President and this is what the system is going to do. The
constitution does not say the political party chooses the running mate, it say
the person nominates the persons who are going to be running mates. So I think
for all those people who were arguing so hard about who is going to succeed who,
in the different political parties, the signal will be shown by who is selected
as a running mate in the elections. So that is important for
Zimbabwe.
But
finally the issue of succession in the event of the death or generally the
vacation of office by the President then the Vice President automatically
succeeds to become the new President – like in the Malawi situation – so it
becomes more certain, more clearer than the present situation, which is mired in
confusion.
GONDA: What
happens if the presidential candidate loses … does this mean the running mates
lose out on parliamentary seats?
MAGAISA: That’s
correct. If you choose to be a running mate you take the risk that if the
President loses - in fact it’s both of you who are losing because you are being
elected jointly. So you have to take the risk that if you lose you don’t have
political office. But I suspect that there maybe ways of dealing with it because
if you look at the way the parliament is going to be structured there will be
opportunities for persons to come, perhaps, through the backdoor as
non-constituency MPs – like persons elected by proportional representation or
through the provinces themselves because there will be a provincial government
as well.
GONDA: What does this draft say about the
composition of cabinet ministers and deputies.
MAGAISA:
The
President will appoint the ministers and deputies. Unfortunately there is no cap
on the numbers, which might have been expected. I think this was an issue, which
was discussed over some time, but the final draft does not contain a cap on the
numbers of ministers and deputy ministers.
GONDA: What do you make of
that?
MAGAISA:
It does
have its challenges. If you cap the number of ministers and deputy ministers
there is always the risk that you are tying the hands of the government but also
at the same time it means that the concerns of those who felt the government
should not be too big would not have been addressed and people may raise
questions about that.
GONDA:
What was finally decided on the issue of dual citizenship and the diaspora
vote?
MAGAISA:
This was
one of the very contentious issues from the very beginning because there was
controversy as to whether dual citizenship should be allowed. There were a
number of clauses that came up but I think that in the end it was felt that it
was not necessary to put in clauses relating specifically to dual citizenship in
the constitution except for citizens by registration.
So what
this means essentially is that every person who is born in Zimbabwe is a citizen
by birth and a person who is born outside Zimbabwe to a citizen by birth is a
citizen by descent, and the constitution is saying that all citizens are equal –
whether by birth or by descent are entitled to the same rights. So there is no
discrimination. Which effectively does away with the debate over dual
citizenship.
The only
point at which the issue of dual citizenship is discussed is in relation to
citizen by registration and it is at that point that an act of parliament may
deal with the issue of whether or not the person should be allowed to take dual
citizenship.
But what
it means is that for the bulk of Zimbabweans who are natural citizens, to use
that word, descent by birth - then there is no issue as to whether or not they
can hold dual citizenship. I think that matter is now settled and I think it is
a good conclusion to what was a contentious issue.
GONDA: What about on the issue of voting –
especially on the diaspora vote?
MAGAISA:
The Bill
of Rights provides for political rights. Now we did not always have a clause
dealing specifically with political rights in our constitution. But we have had
a number of decisions that have been decided by the courts including the case
made last year – the Piroro case – which dealt with this issue of citizenship.
The point is our constitution now is recognising the fact that every citizen is
entitled to the right to vote. If you are in the diaspora and you are a citizen
then you are eligible to vote but of course there may be challenges because what
is happening is that the government – through the Electoral Act – may decide
that residency should be one of the qualifications for registration as a voter
for example. And to the extent that this should be allowed in the constitution I
think that may pose a serious risk to the ability of people in the diaspora to
vote, unless if they can successfully challenge this provision. Because
personally I think it is contradictory to the right that is provided for under
the Bill of Rights.
The
other point of course is that there is a provision in relation to the
presidential election that says the President and the Vice President shall be
directly elected by registered voters. Now instead of ending there it says by
registered voters throughout Zimbabwe. This would suggest that you would
have to be present in Zimbabwe, in the geographical space of Zimbabwe, in order
for you to vote. Which, if interpreted in that restrictive manner it would mean
that persons who are outside the borders of Zimbabwe will not be able to vote in
a presidential election.
I think
that will be a disaster and I think that the right should be interpreted more
broadly to say that every citizen who is eligible to vote should be allowed to
register and should be allowed to vote regardless of their
location.
GONDA:
Electoral reform has been one of the contentious issues over the years. Does
this draft adequately deal with the issue of reforms?
MAGAISA:
There is
an entire chapter devoted to electoral systems and there are a number of other
provisions that deal with elections – it’s impossible to cover all of them
within this short space of time. However, the Zimbabwe Electoral Commission
(ZEC) will have the power to register voters, to compile the voters’ roll and so
forth. There may be a slight concern which is that this power is given in the
alternative - in that it also says the ZEC may supervise another authority to do
so and I think that this must not be read so as to give anyone beyond the ZEC
the authority. The ZEC should take up the power and authority to register voters
and to maintain the voters’ roll because as we know the registrar general’s
office has not been able to maintain a proper and credible voters’ roll over the
years. So I think that this is an important thing that the ZEC should really
take and exercise their authority over.
There
are also other issues including the dabbling into politics by the security
services sector. I think the constitution does a very good job in trying to
reign in the security forces from engaging in politics. There are a number of
extensive provisions, which require political accountability of the security
forces, which require the political neutrality of the security
forces.
I can
appreciate that people will say we want more but I think this is a step in the
right direction in promoting a culture of political neutrality for those who are
not supposed to be involved in politics.
GONDA:
How does the constitution deal with that exactly?
MAGAISA:
There
are quite a number of provisions, which deal with the issue of political
accountability for the security forces. For example the requirement for
political neutrality - the requirement that they be apolitical and so forth.
There may be concerns by other observers, perhaps when they say the appointments
of commanders of the security forces should not have been left solely to the
President and that there should have been more parliamentary control and
oversight over that – I would agree with them but I think what is important is
that provisions by themselves are not the solution. What is more important is
the change in the culture of the country, the culture of the security services
sector. You don’t need to have the bulk of the constitution that you have if
peoples simply behaved themselves and did the right
things.
GONDA:
This leads us to the issue of presidential powers because one of the key issues
has been the issue of separation of powers between the President, parliament and
the judiciary. Do you think this constitution does enough to enhance that
sense?
MAGAISA:
We
haven’t had the opportunity to go into great detail to assess this so my
comments are generally preliminary on this point. My understanding is that there
was a serious attempt to try and curb the powers of the President at least to
make the presidency accountable to other institutions including parliament and
so forth. There may be other points of concern where, perhaps, people might
argue that the President’s powers have not been curbed and there is need to do a
little bit more on that. But as I said, in any democracy it is not so much what
the constitution gives it is more about the manner in which the character of the
people who are governing matters – because even if you were to give them less
powers they could easily ignore those constitutional provisions and do as they
please.
What I
am happy about is that you do see instances where there is a desire to
constitutionally provide for a limitation of presidential
powers.
GONDA:
Can you give us some examples because I understand that in the first draft, for
example, if the President wanted to deploy troops he would have been required to
seek parliamentary approval or notify parliament but that this is not the issue
in this final draft.
MAGAISA:
Yes,
it’s slightly complicated. The easiest thing would have to simply have a
provision, which says whenever there is a deployment of troops you require
parliamentary approval but unfortunately the draft does not deal with it in that
way. It says that when the President wishes to deploy troops outside Zimbabwe
then he would require to notify and getting approval of parliament within a
particular period of time.
But then
there is also deployment of troops within Zimbabwe and in that circumstance
there is no requirement for parliament approval. All that is required is for the
President to promptly inform parliament that this is what he or she has done and
the place in which those persons have been deployed. So you can think of it in
instance like Operation Murambatsvina - soldiers have been deployed in Harare’s
high-density areas or in the 1980s in Matabeleland – what is famously known as
Gukurahundi where the Fifth Brigade was deployed to the southern
regions.
Ideally
you would want there to be a check on the power of the President to ensure that
there is parliamentary approval in as much as you want parliamentary approval
for deployment outside the country. I am not sure why there is a distinction has
been made there but I think the idea situation would have been to require
parliamentary approval in both situations.
GONDA:
Is this a toning down of what the President is required to do?
MAGAISA:
Well I
am sure they have got their reasons for the way in which they have structured
this and it will be useful perhaps to listen to why they have made a distinction
between deployment within the country and deployment outside the
country.
GONDA:
How does it deal with the issue of appointment of senior people and
commissions?
MAGAISA:
This is
obviously a very critical issue because the appointment of senior government
officials impacts on the independence of those institutions and this includes
judges, independent commissions like the Zimbabwe Electoral Commission, the
Human Rights Commission, the appointments of ambassadors or permanent
secretaries. Originally the way in which this was going to be dealt with was,
there was created a particular board called Parliamentary Public Appointments
Committee – and I am sure those who have read the initial draft will understand
or appreciate what I am talking about here.
Unfortunately
this is no longer the case. The Parliamentary Public Appointments Committee is
no longer in the final draft. What you have is a different appointment mechanism
for different offices, which in some ways is useful because not all offices are
the same. So for example the appointment of judges will be done by the President
in consultation with the Judicial Services Commission and the Judicial Services
Commission will go through hopefully a rigorous public interview process before
recommending names to the President for appointment. I am reasonably satisfied
by the manner in which the appointment of judges is going to be done – I think
it’s similar to the way South Africa does it and as long as the Judicial
Services Commission will be independent then I think it’s a fair
method.
GONDA:
What about the appointment of ambassadors?
MAGAISA:
There
may be a few concerns there because I think originally the idea was to subject
the appointment of ambassadors and permanent secretaries to parliamentary
approval but I just observed that the final draft does not seem to have the same
provision for requiring parliamentary approval. Again I think the negotiators at
the management committee level probably had some very good reasons for coming to
this conclusion so it’s not easy for us to pre-judge before they give us
information as to why they have decided to say that parliamentary approval is
not necessary for those particular offices.
But
there is also commissions such as the Electoral Commission, the Human Rights
Commission, the Gender Commission – the Parliamentary Public Appointments
Committee would have conducted the interview processes or the approval processes
but because it’s no longer there this role is going to be taken up by the
Committee on Standing Rules and Orders, which is an important committee of
parliament. So essentially parliament is still going to be involved in the
appointment process but through the Committee on Standing Rules and Orders. And
to be fair this is the same process that is being used currently by virtue of
constitutional amendment no. 19. So all the commissions that we have currently
like the Zimbabwe Media Commission and so forth were appointed in accordance
with the procedure that is now being recommended for in the draft
constitution.
GONDA:
So this Committee on Standing Rules and Orders can work?
MAGAISA: I would
like to think that it can. I think it has worked in the last three years. I
don’t think that there has been a serious dispute over its ability to conduct
the interviews. What it is going to do is essentially what the Parliamentary
Public Appointments Committee was going to do. Like I said we have not studied
the differences in much detail yet we may come to different conclusions but it
will seem to me that the principle is the same - that you want the President to
appoint persons from persons who have been chosen by another
body.
So
essentially the Committee on Standing Rules and Orders is recommending. The only
concern is for the chairpersons of the different commissions – I think the
President appoints in consultation with the Judicial Service Commission or in
consultation with the Committee on Standing Rules and Orders. The trouble with
that is that there is a difference between appointing after consultation or in
consultation and appointing on the advice of. For me it would have been much
better if appointments were on the advice of because on the advice of means the
President cannot ignore the advice. He or she has to follow the advice - whereas
if he appoints after in consultation with he can listen to all that the person
has to say and can decide to ignore it - so essentially makes a nonsense of the
whole process.
VIOLET:
I understand that this constitution has a clause on presidential
immunity?
MAGAISA:
Yes this
is not unusual. Every other constitution in the world will have a clause on
presidential immunity, which means that you don’t what the President to be
subjected to personal litigation during the tenure of office. This does not mean
that the President exercise of powers that are conferred by the law cannot be
challenged - they can be still challenged. The immunity relates to his personal
issues while he is in office. So civil and criminal cases cannot be brought
against him or her during that time.
There is
also an addition I have noticed – a clause which says the person who was
President can prove good faith as a defense for his actions. Now I am not
particular sure what this means except to say that perhaps the suggestion is
that if the President did something during his tenure of office and he is being
challenged after he or she has left office, he could argue that yes he or she
did it but he was acting in good faith. And that could be a defense for
him.
Now it’s
an unusual provision. I have not seen it in other constitutions as yet and it is
rather odd, in my opinion, because I don’t think good faith is a defense to
criminal offenses such as murder, genocide, corruption and so forth. There may
be situations in civil litigation where you might argue that you were acting in
good faith but I am a little bit surprised that the good faith defense seems to
have been put in the constitution at this point.
VIOLET:
Or could it be that the politicians are trying to protect
themselves?
MAGAISA: I
suppose the cynical would say that I think but there might be a very good reason
for putting in a defense of good faith, but like I said it’s an issue that would
be debated over the coming few weeks - whether or not you want to state that
particular defense in the constitution or it’s something you can leave to the
common law.
VIOLET:
Moving on Devolution what did they agree on?
MAGAISA: This is
probably one of the better aspects of this constitution in terms of the way that
it’s been structured. I know that it will not please everybody. People had
different dreams and desires in regards to the model of devolution that they
wanted but I will tell u some of the positive aspects that I think are in this
particular constitution. The structure of the provincial government itself - in
the first place it is important to appreciate that Zimbabweans have got to this
stage where they have gone beyond decentralisation and accepted devolution as a
principle of government. I think it’s a huge achievement for the people of
Zimbabwe and those who have been advocating for this type of government. It will
give more power to the local authorities, to the provincial government to deal
with issues as they uniquely see them in their own
regions.
In terms
of the structure - this is where there are arguments. There is going to be 10
provinces - eight of them, which are going to be in accordance with the
provinces we have currently but two of them will be metropolitan provinces,
Harare and Bulawayo. For the other eight there will be provincial governors. The
way they are going to be appointed is an interesting one because it tries to
accommodate two extremes. One extreme is where the governor is directly elected
by the people in the province, and the other extreme is where the governor is
appointed by the President - as is the current case.
I think
there has been a compromise that has been struck here, which is that the
President will appoint the governor but he can only appoint from two persons who
would have been put forward by the political party with the highest political
representative in the province. So essentially this is the people’s choice
insofar as they represent the political party with the highest number of votes
or MPs in that particular province. But this is only tempered by the fact the
President would then have to appoint from those two persons. So is it a
sensible compromise? I think it is a compromise that was going to best achieved
in the circumstances where there were those two extreme
positions.
Then the
mayors of Harare and Bulawayo, I understand, will be the chairpersons of those
metropolitan councils because there won’t be provincial councils. Now the people
who are going to constitute the provincial councils will include the MPs for
those provinces, they will also include ten persons who are elected by
proportional representation in that province - based on the votes to the
National Assembly. So it’s going to be a mixture of senators and MPs from that
province and persons who are elected by proportional representation. And they
will have powers generally to deal with socio-economic issues, development and
so forth within the particular provinces.
But what
I really liked most about this is that the councilors, the mayors, the
provincial governors and so forth have been protected in a way that we have
never seen before in regards to local and provincial government. If you recall
the Minster for Local Government has had extensive powers, which have been used
extensively over the past few years to remove councilors or mayors who are not
necessary in agreement with the Mister of Local Government. One of the key
concerns was to remove this facility because it causes abuse of power. Now the
councilors and all the mayors and so forth will be protected in terms of their
tenure of office - just like all the MPs are protected in terms of their tenure,
which I think is an important improvement from the current situation where they
have been perennially at risk from the Minster of Local
Government.
VIOLET:
Some people were worried that the country is too small for this separation of
powers and that it would led to the division of regions on tribal grounds. How
can you respond to this?
MAGAISA: I think
people are entitled to have those fears and concerns but I’m afraid this is a
horse that has already bolted – it’s gone. The issues of devolution - whether or
not to have it - should have been discussed a long time ago and people had an
opportunity to discuss this issues and essentially the country agreed that there
is need for devolution. At least that is the overwhelming view that came up and
now the major political parties have come to an agreement on
it.
I think
that the principles that have been put in place in the constitution including
principles of non-discrimination, principles that subordinate provincial
governments to the national government, principles that ensure the integrity of
government - the unity, the sovereignty of the country as a whole, I think they
are important to ensure that you don’t have those challenges that people fear.
But I accept that people talk about the smallness of the country but
unfortunately what people have never bothered to consider is also that
regardless of the smallness of the country we have had very unequal disparities
in development in that small country, which really is not about the size of the
country it’s about the quality and nature of the government in the
country.
VIOLET:
And what does the constitution say about the truth and
reconciliation?
MAGAISA: They
have not called it the Truth and Reconciliation Commission but essentially
that’s what it is. It’s called the National Peace and Reconciliation Commission.
Essentially it’s going to be established – again the chairperson is going to be
appointed by the President in consultation with the Judicial Service Commission
but the other commissioners will be appointed from a list submitted by the
Committee on Standing Rules and Orders like all the other commissions. It will
have the duty or the power to ensure there is national peace and reconciliation
to deal with these issues. There is not much detail on it. I think the mass of
it will come out in legislation but I think laying the constitutional foundation
has been an important step in the right direction on this
issue.
VIOLET:
Let’s talk about the Attorney General’s office and the National Prosecution
Authority. How is the issue of the administration of justice handled in this
constitution?
MAGAISA: You
know the issue of the Attorney General’s office was one of the critical issues
under consideration and it has been during the life of the GNU. What the draft
constitution does is to separate the two offices. There will be the Attorney
General’s office, which will be restricted to legal advisory roles to the
government. It will be involved in civil matters as far as the government is
concerned. So the AG is like a lawyer to the government. He advises the
government, and then there will be a National Prosecuting Authority, which will
exclusively handle all criminal matters on behalf of the
state.
So there
will be a new office called the Office of the Prosecutor General who will be
responsible for prosecuting - with officers who will assist him in that office.
What we can see from the provision is that there has been an enhancement of the
independence of the National Prosecuting Authority compared to the Attorney
General’s office the way it is at the moment. The Prosecutor General will be
appointed the same way as judges are appointed - that is through the Judicial
Service Commission and any removal of the Prosecutor General will have to follow
the procedures that are used for judges. So the mechanisms are robust and are
designed to protect the independence of the office, but what’s important is that
there are specific provisions, which guarantee the political neutrality of the
Prosecutor General. I think this is absolutely important. And finally unlike the
current constitution where the Attorney General has an unlimited term of office,
the Prosecutor General will only have a maximum of two terms in office - of six
years each.
VIOLET:
What about on the issue of the arrest of people?
MAGAISA: One of
the beautiful things, I have to say about the draft constitution, is that it
goes to great lengths to safeguard the rights to personal liberty - but not only
that but also the rights of persons who are arrested or detained. So there is an
entire provision, which deals with issues relating to the rights of persons who
have been arrested or detained. So for example, whereas in the old constitution
a person could be arrested and the requirement was that he should be informed of
the reasons for the arrest as soon as is reasonably practicable. Now this was
very indeterminate because it could mean several days. The draft constitution
says the person must be informed at the time of arrest - so this is very
specific.
Another
example is that whereas under the current constitution a person who has been
detained is required to be brought to court without undue delay. Now without
undue delay could also mean any number of days. It is very fixable, very vague.
The draft constitution changes this and says that the person must be brought
before a court within 48 hours after the arrest. And now when it comes to the
issues of bail, the constitution specifically deals with the issue requiring
that a competent court must deal with all issues of applications for bail.
Unless there are specific reasons requiring a person to be kept in custody the
person should be released on bail. So I think its going to be very difficult to
sustain the abuse or misuse of the Section 122 of the Criminal Procedure and
Evidence Act, which has been used routinely unfortunately in the last few years
mainly against political activists.
VIOLET:
How are the police and intelligence services dealt with?
MAGAISA: The
police - there is a Commissioner General who is appointed by the President and
the Police Service Commission also appointed by the President. It would have
been better if these appointments were subjected to greater scrutiny by a
parliamentary body, which was what was envisaged but I think this seems to have
been kept within the domain of the President, which might be problematic. But I
think what is important is that there is also reemphasis, just like the defense
forces, reemphasis on the political neutrality of the Police Commissioner
General.
There
are also provisions which require the Police Commissioner General to comply for
example with orders from other bodies like the Human Rights Commission, the Anti
Corruption Commission and the Gender Commission in the investigation of
offences. So this, I think, will help those bodies in their ability to enforce
their orders against the Police Commissioner General.
But
there is also the issue of the terms of office – there will be a maximum term of
office. There will be two terms of five years each just like the commanders in
the defense forces. So I think these reforms are going to be important in trying
to reduce this habit of staying in office for as many years as one is able to
leave.
VIOLET:
And the intelligence services?
MAGAISA: For the
first time, and I think this is the big improvement, is that the intelligence
services have been brought within the domain of the constitution, which is
different from the manner in which the intelligence services are currently
regulated and there is a requirement that they should be established under a
law, an order or a directive. I think this is also absolutely fundamental - the
head of the intelligence services is also going too have a maximum term limit.
He or she can only serve for a maximum of ten years that is two terms of five
years each - just like the commanders of the defense forces and the Commissioner
General of the police.
VIOLET:
I understand that the clause on the death penalty is somewhat gender
sensitive?
MAGAISA: Yes.
First of all I think the point we should celebrate is that the death penalty is
effectively going to be abolished accept where parliament passes a law in
regards to cases of aggravated murder. Now unfortunately aggravated murder does
not seem to have been defined. I think its important that there be some guidance
and definitions as to what constitutes aggravated murder. But I would suggest
these are situations where murder is so gruesome, where murder is premeditated,
where there is extreme use of violence, where the whole episode is so repugnant
and despicable. I think that would constitute aggravated murder. It needs to be
defined in the constitution so that it’s clear. It’s only in those cases where
the death penalty may be allowed.
But even
then the court has discretion to pass a death sentence or not, which I think is
useful because the courts are minded not to use the death penalty then I think
it will effectively be abolished. There are however specific people who are
exempted from the imposition of carrying out of the death penalty. It is persons
who are under the age of 21 years or who where under 21 years at the time of the
offense because they are considered to be youth, then a person who is over 70
years also is exempt from the death penalty, and third – rather controversially
I have to say, all women are exempt from the imposition or carrying out of the
death penalty.
VIOLET:
Why is it controversial?
MAGAISA: I think
it’s going to be a point of controversy between the men and women because if you
consider it one of the key issues that has been raised over the course of the
debate is the issue of gender equality between men and women. Now here the
constitution seems to be taking a specific discriminatory approach in favor of
women as opposed to men. You can consider a situation where two people - a man
and woman - might commit aggravated murder. You are going to have an absurd
situation in which the man is going to be sent to the gallows but the woman, who
may have done equally the same despicable act as the man, will be spared the
gallows.
VIOLET:
What is your understanding as to how they came up with that
decision?
MAGAISA: I have
no idea. My understanding is that usually the clause is that the death sentence
cannot be imposed or carried out on a woman who is pregnant. Now we understand
the moral basis for this but what I am not so sure about is the basis – moral or
legal - of the distinction between men and women in regard to the imposition and
carrying out of the death sentence generally. I think this is a point where
there will be a lot of discussion.
GONDA:
That leads us to the issue of women’s rights. What is the constitution saying
about this?
MAGAISA:
I have
to commend the women’s lobby. I think all the women’s rights groups in Zimbabwe
did a lot of fantastic work over the years to raise the issue and to put the
issues of women’s rights on the agenda because it’s one of the issues, which I
believe is dealt with in a very beautiful way by the
constitution.
From the
first section up to the end there is a recurrence of the emphasis on the issue
of gender equality; the objectives towards promoting women and ensuring that
affirmative action procedures are taken if required in order to raise the status
of women. For example the issue of non-discrimination – one of the key problems
under the current constitution and under the old regime was that there was
legalized discrimination against women on the basis of customs traditions and so
forth under Section 23 of the old constitution. But this is going to change
because there is not going to be any discrimination that will be allowed –
whether it’s in relation to customs or tradition. Everything will have to
conform to the constitution and to the idea of gender equality and none
discrimination between men and women.
There
are specific rights given to women, for example the issue of guardianship. A lot
of women have had challenges in regards to issues of guardianship of their
children which the law has traditionally given to men at the exclusion of the
women and the constitution remedies this by saying that women have the same
rights of guardianship as men. I think this is very important in so far as
promoting gender equality is concerned.
There
are also issues of protection of women in marriage – insofar as property is
concerned in regards to inheritance where there has been discrimination against
women and widows.
One of
the key things is that without political power women are always going to be on
the back foot – they are always going to be at a disadvantage. So the
constitution tries to deal with the issue of political power. I am not sure that
all women will be entirely satisfied because the idea was that there should be
50-50 representation in parliament, in cabinet, in everything else. But it is
not quite like that but you can see that there are positive steps that have been
taken to recognize that women should get more space in the political environment
in Zimbabwe.
So for
example in the election of the Senate, it will be done through a system of
proportional representation. The method that has been chosen is a closed party
list where the men and the women will alternate on the list of every party. So
that women will be at the top and men second. But what will essentially be the
case is that you will have a situation, which allows better representation of
women at the Senate level.
At the
National Assembly level there is a specific provision for 60 seats, which have
been specially reserved for women. So parliament will have 270 seats and 60 of
them will be specifically given to women who will be chosen on the basis of a
proportional representation system. I think this will be important because it
enables women to gain space in parliament and hopefully over the future
elections they would have gained the knowledge, they will have become familiar
faces in politics that it will become normal for women to be voted into politics
and it’s not going to be a big issue whether or not a person is a woman or not.
People have to get used to the system that women can also hold political
power.
But I
just wanted to emphasize that this special reservation of 60 seats is not going
to be there forever. It’s only going to be there for the first two parliaments
after this constitution comes into force. So it is a window, which has to be
used by the women to gain space and to be able to assert themselves to gain the
mileage and to represent the women in such a way that in future it will become
normal to vote a woman into power.
GONDA:
Since we are on the issue of rights – gay rights activists have been pushing for
recognition under the new constitution so what is this proposed law saying on
this controversial issue?
MAGAISA:
I think
that the gay rights lobby will be disappointed with the draft constitution
because I do not think that the draft provides protection for gay rights. I
think this is one issue that has been dealt with in a way that has put to the
fore in favor of the anti gay rights lobby.
GONDA:
So what does it actually say?
MAGAISA:
As far
as the Bill of Rights is concerned there is no positive clause, which protects
gay rights in Zimbabwe. The non-discrimination clause – I will just give you a
brief account – there was controversy at the beginning. For example a
no-discrimination clause will say that no person may be discriminated on such
grounds as race, sex, age, disability and if it wanted to protect gay rights it
would have said sexual orientation. The constitution does not say that. It has
completely omitted the reference to sexual orientation as a ground upon which
discrimination is prohibited – which leaves it in the open. You recall that at
the beginning of this process there was controversy over the issue of the word
‘natural difference’ because natural difference had been used as one of the
grounds for non-discrimination, now the anti gay rights lobby argued that this
was a backdoor attempt to bring in the gay rights into the constitution. That
phrase was removed.
Rather
controversially later on there was another phrase ‘circumstances of birth’,
which has been inserted into that clause as another ground for
non-discrimination. Now the anti gay rights lobby, again exhibiting the phobia
over the issue of gay rights, decided that this was another backdoor attempt to
bring in the issue of gay rights and that phrase was removed. This is not
withstanding the fact that phrase was brought in by the women’s lobby as a way
of protecting children who are normally referred to as illegitimate children –
children who are born out of wedlock. The idea was that the circumstances of a
child should not be a reason for discrimination, say in property distribution at
inheritance. So that was removed at the insistence of the anti gay rights lobby
because it was felt that it was another way of bringing in the gay rights issue,
which was not the case.
Rather
interestingly, I noticed also that the phrase ‘any other status’ has been
removed from this clause. I will just explain what it means. In a
non-discrimination clause you say ‘no person shall be discriminated on grounds
a, b, c, d…’ then you end by saying ‘or any other status’. Now I suspect that
what the anti-gay rights lobby argued here is that ‘any other status’ is a
phrase, which can also be used as another backdoor attempt at bringing in gay
rights into the constitution, and I noticed that it has been removed, which is
unfortunate because ‘any other status’ is not just about gay rights. I think it
refers to ‘any other status’, which may not be mentioned in the list – in the
non-discrimination clause. So that is a loss, which I think, is based on the
phobia over the issue of gay rights.
GONDA:
What do you mean by the anti-gay rights lobby? Wasn’t this decision made as a
result of the general anti-gay rights sentiment during the public outreach
program?
MAGAISA:
Oh ya.
Absolutely. The point is this is information that was derived from the public,
which generally seemed to suggest opposition to the issue of gay rights in the
constitution. That is how it was interpreted but the difference is that anybody
looking at the data might say there was also information which came from other
sources which might have said otherwise and that is why the issue has been
controversial. I have to say that this issue was made into a controversial issue
because some people thought that there were those who were supporting gay rights
and others who are not supporting gay rights but in reality I think there was
convergence on the issue of how to deal with this particular
matter.
When I
say the anti-gay rights lobby I am just talking about the specific - you know
there has been the insistence over everything that has been dealt with as if the
constitution is about protection of gay rights, which it is not. And I am just
saying that lobby seemed to have asserted itself. I can understand the phobia
over the other issues but frankly the point about the phrase ‘any other status’
in a non-discrimination clause, you go and read any constitution, any
international human rights instrument, which refers to a list of factors for
non-discrimination – it will always end with the phrase ‘any other status’. And
if they wanted to specifically prohibit gay rights they could have done so
without necessarily removing the words ‘any other status’ because they could
cover anything else that we do not, at the present moment, know as grounds for
non-discrimination and that is why I am saying it went a bit
far.
But at
the end of the day the point that comes out of this draft constitution is it
does not protect gay rights. No.
GONDA:
The politicians have decided that instead of three official languages, Zimbabwe
will now have 16?
MAGAISA:
Absolutely.
The policy on official languages was a heated issue during the discussions
because on the one hand you want to be able to recognize people’s culture and
people’s culture is captured through their language. You want people to be able
to self determine to be able to express themselves better and I think to take
pride in their local languages and it’s important that Zimbabwe recognizes, like
South Africa, that all the local languages are official languages. What this
constitution does is it lists specific languages – now the only problem that I
foresee is that if someone or a group of people crop up from somewhere in
Zimbabwe who have not been known before or who have been perennially ignored for
many years come up and say we have our own language but it’s now not stated in
the constitution then of course that might be an issue.
The
other issue of course is the practicality. It's one thing to have an official
language but it’s an entirely different thing to have a language of record. A
language of record means, for example, if you go to a court of law it is the
language, which the records are kept. If you are going to have multiple
languages, as languages of record, then you might have a very serious problem.
Let’s assume you go to Chipinge and Ndau is used there as a language of record,
but someone else – perhaps the accused -does not speak Ndau and only speaks
Tonga, and someone else might want to get a record in English – it means you
have to prepare the record in three languages and that is going to be a
practical nightmare.
So I
think the issue will have to be dealt with more specifically at the policy level
of legislation. I am all for recognizing Zimbabwe’s languages as official
languages but I think we need to take a sensible and practical approach in
regards to the issue of the language of record.
GONDA:
Can you tell us what these 16 languages are because Ndau is among the 16 and
some would say is that not a dialect. If it is why isn’t Chimanyika for example
also one of the official languages?
MAGAISA:
This is
a controversial subject - whether one is a language or simply a dialect. I
remember there was a lot of controversy in the discussions. I am not sure how
they reached this final decision but I will just read to you the languages that
are there. Firstly there is Chewa, Chibarwe, English, Kalanga, Koisan, Nambya,
Ndau, Ndebele, Shangani, Shona, sign language, Sotho, Tonga, Tswana, Venda and
Xhosa. These are the languages that are the official languages of
Zimbabwe.
Now I
can assure you that there will be a lot of noise over, for example, Chimanyika
or Karanga with people arguing that like Ndau this is a language, whereas others
might say these are dialects. So I think we are going to have serious
controversy over these issues. My preference would have to simply say the
indigenous or local languages of Zimbabwe are official languages in addition to
English. For me that would have worked because then you keep the list open. What
we have here is a list, which appears to be an exclusive list, and I think it is
going to annoy a lot of people and I suspect this is going to change before the
referendum.
GONDA:
So bottom-line does this draft constitution meet the minimum conditions to hold
free and fair elections?
MAGAISA:
This is
a very difficult one. I think that the impediment to holding free and fair
elections is not just a matter of law it is also a matter of culture, the
political culture. The question that we should be concerned with is whether
Zimbabwe has advanced politically in terms of their culture to hold free and
fair elections. Will the constitution assist in doing that? I think it will. I
will not say that it is the most perfect document that we have – you never have
a perfect constitution. There will be lots of criticisms over a number of
provisions in the constitution. There will be a lot of comparisons with the
previous draft. There will be a lot of comparisons with the other constitutions
across the region but I think we have what we have and there is room to improve
it if it has to be approved before adoption – there are still processes to be
taken through and I think we have to be honest with ourselves. And if there are
things that are not good enough and need improvement they need to be improved.
But I think we have a basic starting point to discuss this very important
national document that should take us through to the
future.
GONDA:
So what will be your main criticism of this document? You talked about room for
improvement so what would you say is the main issue that needs to be improved
on?
MAGAISA:
From a
very quick browse I think the issue of presidential powers vis-à-vis parliament
all needs some revisiting to ensure that the checks and balances that the people
demanded are put in place - are enhanced. They are some but I think it will be
useful to do a little bit more in terms of looking at that particular aspect.
And of course there will be a lot of editorial challenges. There are some
sections, which may be all over the place, which are not expressed perhaps in
the best way possible. There may be some contradictions here and there which we
will pick up and I think those things will need to be
improved.
The
Zimbabwe Electoral Commission should have all the powers to do with elections.
There should be no ifs or buts or alternatives. If it is there to register
voters and to maintain a voters roll it must have that power. It can delegate it
but it is not necessary for the constitution to say that it could be done by
someone else because I think it opens up room to allow other bodies to deal with
elections when the ZEC should be moving towards a more consolidated system of
running elections. I am glad that ZEC is going to deal with delimitation, which
is better than what the original draft was doing but I think that we need to
have a more robust approach to the issue of running elections and ZEC should be
given the place that it deserves and it should be the one to conduct all these
processes without any room for anyone else to interfere.
GONDA:
The current constitution was amended a record 19 times so how solid is this
final draft so that, if passed, it wont be abused?
MAGAISA:
There is
this view that a constitution is for posterity but it is also countered by the
fact that we cannot decided what the future is going to be like. Future
generations should have the opportunity to change what they think is right and
we cannot put a cap on how many amendments are going to be. It will depend on
the time and will depend on the political culture. However as far as we are
concerned this may be the final draft from COPAC but it is not the final
document that will necessarily be adopted at the referendum. People are now
going to have an opportunity to scrutinize this draft and to make suggestions on
how it can be improved and enhanced and I think people must take this
opportunity before the referendum to really engage with the detail of the
constitution and to make suggestions to make it better so that we minimize any
efforts at amendments in the aftermath of passing it into
law.
GONDA:
And a final word?
MAGAISA:
We have
come very far as a nation. We have had a challenging three years – stable but
challenging. We have gone through a constitution making process, which has not
been perfect, which has had its hiccups, but I think we are almost there – like
a man who is waking in a desert and the oasis is very close by. I don’t think we
should die of thirst when the oasis is so close by. We must walk and get to the
oasis and see what happens.
Feedback can be sent
to:
violet@voanews.com or
follow her on Twitter: @violetgonda
Born on 21 July 1944 (68), Ghana’s President, Prof John Mills is no more. He
died on 24 July 2012; his illness has yet to be disclosed. Described by
Ghanaians as academician sportsman and astute politician, President Mills
saw GDP growth for his 25 million reach 14% in his first term in office. He
contested and lost a record 3 times before finally winning in 2009 by the
slim margin, he was due to contest for a second term this December 2012.
Messages of condolences continue to pour from all corners of the world.
Through the messages and from Ghanaians comments we have started to find
jigsaw puzzle for this man otherwise known as “Asmodweehen” or simply king
of peace in his native land. He seemed to be adored by his people for being
a peace maker and astute politician, a rare occasion where education was put
to good use, for the benefit of the people of Ghana. Educated in Ghana, UK
and USA, he graduated with a PhD at the age of 27 years before curving a
career as a lecturer. He was a peace maker, President Obama said of him,
“President Mills tirelessly worked to improve the lives of the Ghanaian
people” Obama further acknowledged, “He helped to promote economic growth in
Ghana in the midst of challenging global circumstances and strengthen
Ghana’s
strong tradition of democracy” I am not sure whether the same can be
said to
President Robert Mugabe of Zimbabwe given his hand in destroying the
once
jewel of Africa Zimbabwe.
Why is it so important to reflect on
Ghana, this is the first African
country to gain independence in 1957. It
has its up and downs since its
first President Kwame Nkuluma with a couple
of coups the last being by Jerry
Rawlings in 1979 who became popularist yet
controversial. Since then Ghana
has consolidated peaceful democratic system
of governance, with peaceful
elections term after term in contrast to
Zimbabwe’s violent elections. Of
late Ghana has discovered offshore oil, but
this has not ignited a fear of
re-colonization. Ironically Mugabe wants
Zimbabweans to believe that he is
the custodian of a country at the verge of
re-colonization by the British
Government. He sees this as national duty to
protect us from the British
ghostly Imperialism of the 21st century. The
prospect of a British
government colonizing Zimbabwe in the 21st century is
as remote as having a
2 year President in Zimbabwe. The Britain of today
does not have any
capacity to colonize even the smallest country of the size
of the football
pitch. Mugabe’s fear should be the invasion of technology
which has the
power to unmask dictatorship as it has a transboundary effect
of influence.
I am not a prophet but I can see within the next 20 years
governments
becoming lean as MPs will be replaced by technology, requiring
only fewer
Super MPS to coordinate, commission and syntheses data from
constituencies
delivered by state of the art technology. Constituencies will
have MP
digital Kiosks where people can directly communicate with Central
Government
via video link face to face with Super MPs, Super Cabinet
Ministers and a
Super Presidential team. The world will be ruled by
technology and
technology will be the determining factor in being elected
MP, Cabinet
Minister or the President. The world will be reclassified from
the current
developed and developing countries into Digital and Super
Digital, the lack
of it will be the difference between growth and inflation.
We haven’t seen
the digital age 10% capacity as yet, although we all have
been touched by
its effect in one form or another. There is no moral benefit
in colonizing a
country anymore when countries can colonize safely and to
their economic
advantage the digital space beyond the sky. Mugabe as you can
see, the world
has moved on without you and we are not looking back, we have
got the
technology to take Zimbabwe to new heights.
R.I.P President
Prof. John Mills of Ghana.
Elliot Pfebve
Academic Abroad
Those with the proclivity to label MDC leader Morgan Tsvangirai a puppet or creation of the West were left with egg on their face especially in the past few days as the Asia-Pacific region opened up to his imminent ascendancy to the presidency of the new Zimbabwe.
Not long ago, the MDC president was accorded an honorary doctorate in South Korea. Those who think that North Korea and China are more significant than South Korea and hence saw this development as a non-event, were again forced to do some serious introspection when China, a giant of the region, extended a convivial invitation to Morgan Tsvangirai a few weeks ago.
Not to be outdone, other notable regional players have recently fallen over each other in dishing out state invitations to the Prime Minister. Japan was the first stop, followed by Australia and finally New Zealand. While some people in ZANU PF believe that New Zealand and Australia are in the West, the geographical reality is that they are not. Their economies, values and systems might resemble that of some Western countries but that does not make them an appendage of that part of the distant globe.
When Nelson Mandela made the unexpected decision to exit active politics during his first term as president, he identified Thabo, the son of liberation luminary and flamboyant nationalist, Govani Mbeki as his successor. Some might argue that Cyril Ramaphosa should have been considered ahead of the Oxford Economics graduate but Madiba had other ideas. By allowing Mbeki to be the face of South Africa on the world stage while he enjoyed most of his less hectic weekends in Qunu with grandchildren, Madiba demonstrated the kind of strategic leadership that shall forever be the envy of many. Once asked what he thought about the Zimbabwe crisis, Madiba had only four words for an answer “tragic failure of leadership”
President Robert Mugabe’s most tragic failure despite his undoubted intellect has been his unwillingness to groom a successor in more than three long decades. Inadvertently, he has now anointed someone from the opposition, Morgan Tsvangirai, as the ultimate successor but only in terms of presidential office and nothing else. Given this unfolding reality, the world has been left with no option but to warmly embrace Zimbabwe’s next leader.
Julia Gillard, the Australian Prime Minister, New Zealand’s John Key and the Japanese business community, did not hide their affection of this great successor to the extent that Morgan Tsvangirai was actually equated to one of Africa’s greatest sons, Nelsom Mandela and the Burmese democratic champion, Aung San Suu Kyi.
Taking a cue from Suu Kyi when she recently delivered an historic address to Britain’s two houses of parliament, the future President of Zimbabwe, Morgan Tsvangirai, implored the international community not to dwell in the past but to look to the future. He urged his hosts not to be overly pre-occupied with President Mugabe because “not only is he part of the problem but of the solution as well”. He emphasized the need for re-engaging Zimbabwe not as “a pariah state but an equal member and partner of the international community”. Subsequently, the Prime Minister made an appeal for the suspension of all forms of sanctions on Zimbabwe as a way of encouraging reform and demonstrating that intransigence has no reward.
Some media houses deliberately misquoted the Prime Minister as having campaigned for a carte blanche on sanctions. There has to be a difference between conditional suspension and total lifting of the embargo a point that the Prime Minister stressed in every interview.
Those who closely followed the Prime Minister’s recent visit would probably agree that this was one of his best international trips in recent times. He had very progressive discussions with political and business leaders of the three nations. He reminded investors of the abundance of opportunities in Zimbabwe. Zimbabwean residents in this region as well as embassy staff and of course Ambassador Zwambila, were excited to see how welcome the Prime Minister and his entourage were in this territory. Unfortunately, given his tight schedule, it was not possible for him to meet the generality of Zimbabweans but extensive media coverage plugged the gap.
Moses Chamboko writes from Western Australia. He can be contacted atchambokom@gmail.com