The Zimbabwe Situation

http://www.swradioafrica.com/

Gerry Jackson
Station Manager
1st July 2011

We have had an overwhelming response to the publication of the first part of the document leaked to us, containing details of CIO operatives.

But the response has shown that we have to clarify a few issues.

The Central Intelligence Organisation is not used to protect national security and to safeguard Zimbabweans. Along with the military and the police it is used by Robert Mugabe and ZANU PF to hold on to power, using brute force and intimidation. Experts say the CIO is the most powerful arm of ZANU PF’s security apparatus, the ‘brains behind the regime.’

According to the Council on Foreign Relations: ‘There is no public record of the CIO's size, but it is thought to have thousands of operatives. Many Zimbabweans think the organization has a network of informers that extends into the Zimbabwean diaspora.

The 2007 Human Rights Watch report, Bashing Dissent, says: ‘In contrast to government claims that primary responsibility for the recent violence lies with the political opposition, Human Rights Watch found that Zimbabwe's police forces, agents of the Central Intelligence Organization and groups of "youth militia" are the main perpetrators of serious human rights abuses.’

The report goes on to say that the security forces fail to abide by the United Nations Basic Principles on the Use of Force and Firearms and The beating of the activists in police custody also breached several international and regional human rights laws.

It talks about the attack on the then MDC spokesperson, Nelson Chamisa, who in an interview from his hospital bed stated that he believed that the men behind the attack were CIO agents because the attack occurred in full view of the police at the airport who failed to react.

Civil society activists and opposition supporters allege that CIO agents and "youth militia" are often present at police stations around the country and are routinely involved in the beatings of activists in custody.

The CIO is also administered directly through the Office of the President, and is not covered by any legislative framework.

It is not an innocent organisation and many deaths can be laid at its door.

So we are serialising the release of this document in the interests of transparency and accountability and in the hope that by exposing these names, some of the daily fear Zimbabweans live under will be taken away. We also hope that it might make some of the perpetrators of violence think twice before they commit further human rights abuses.

In todays media world it is much more difficult to stay hidden in the shadows.

We welcome feedback, corrections, responses from our listeners and take to heart concerns that have been expressed about publishing the home addresses of these CIO. These addresses have now been removed.

See 2001 List of CIO part 1

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Making the water safer

http://www.irinnews.org

Photo: IRIN

Progress towards fixing Zimbabwe's water infrastructure

HARARE, 1 July 2011 (IRIN) - A combined effort by donor agencies, foreign governments, local organizations and the Zimbabwean government is slowly improving the water infrastructure while reducing the chances that cholera will return.

The UN Children’s agency (UNICEF) agreed to supply water treatment chemicals until the end of June 2011 but this has been extended until March 2012, by which time it is hoped that the local government authorities will be able to purchase their own water treatment chemicals.

“Thus far, water treatment chemicals worth over US$10 million have been procured, including over 25,000 tonnes of aluminium sulphate, 700 tonnes of chlorine and 230 tonnes of high test hypochlorite,” UNICEF said in response to written questions from IRIN.

A cholera epidemic began in August 2008 and lasted for a year before it was officially declared at an end in July 2009, during which time it caused the deaths of more than 4,000 people and infected nearly 100,000 others.

The outbreak was attributed to dilapidated and broken sanitation and water infrastructure. Since then, there have been isolated outbreaks of the waterborne bacterial disease, which infects the gastrointestinal system, causing vomiting and diarrhoea. The resulting acute dehydration can kill within 24 hours if left untreated.

Supplying water treatment chemicals will ensure the continued provision of safe water to 20 urban councils and over 100 rural growth points, UNICEF said.

“We are grateful to UNICEF, who positively responded to our request for the extension and gradual withdrawal of the chemicals supply scheme,” Water Resources and Development minister Samuel Sipepa Nkomo told IRIN. “This provides our local authorities an opportunity to start planning for the procurement of the chemicals, using their own funds.”

The treatment works continued to struggle to produce enough water to meet the city’s [Bulawayo] water demands

The Federal Republic of Germany, through its development arm, German International Cooperation, is carrying out a US$12 million infrastructural rehabilitation at four urban centres: Gweru, the third largest city; Kariba on the northern border with Zambia; Norton, 40km south of the capital, Harare; and Kadoma, about 130km south of Harare.

“The two major components of the project provide, on the one hand, assistance to the municipalities with the procurement of key inputs and equipment for water supply, sanitation and solid waste collection,” the German embassy said in a statement. “The second component consists of support to the municipalities regarding the improvement of procedures and management in the areas of finance, accounting, billing and revenue collection.”

The funding will also help rehabilitate water supply and sanitation infrastructure such as treatment plants and pumping stations. Health and environmental activists have warned that the continued discharge of sewage and industrial waste into water systems will create environmental and health disasters in the near future.

Raw sewage discharge

Raw sewage and industrial waste is still being discharged into Lake Chivero, Harare’s main source of water, and an US$18 million rehabilitation of its two main sewerage treatment plants is underway.

However, Bulawayo, the country’s second largest city, has failed to attract the US$1 million funding it needs to repair water infrastructure at one of its large dams, Ncema, and rehabilitate water treatment plants.

“The treatment works continued to struggle to produce enough water to meet the city’s water demands,” the minutes of a recent council meeting noted. “For example, Ncema waterworks can only produce 39,000 cubic metres per day, against a design capacity of 81,000 cubic metres per day.”

Poor rainfall in recent years has added to pressures on water supply and some businesses have relocated to other parts of the country.

“We are working well in partnership with the donor community, but treasury has provided us with money to build new dams or to improve water supply," water resources minister Nkomo told IRIN.

“We are almost done with building a 40km water pipeline from Mtshabezi Dam, which will improve water supply in Bulawayo. Construction has already started on the construction of Kunzvi Dam [near Harare], which we hope will improve water supply.”

[This report does not necessarily reflect the views of the United Nations]

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A letter from the diaspora

Friday July 1st 2011

“What freedom means” is the subject of this year’s BBC Reith lecture
delivered by Aung San Suu Kyi, the leader of Burma’s National League for
Democracy. No one hearing her speak can fail to be moved by Aung San Suu Kyi’s
deep passion for a struggle which has occupied her whole life: the struggle
for Burma’s freedom. The essence of her lecture was the acceptable means by
which an oppressed people can go about achieving their freedom. Is violence
ever justified and can non-violence succeed in bringing freedom? Having
spent more than 15 years of her life in detention, it is a question ‘The
Lady’ is more than qualified to ask. Speaking for herself, she refuses to
accept violence as the answer, saying that it will not bring her country to
where she wants it to be, but she does not condemn those who choose the way
of violence against a deeply repressive regime.

Aung San Suu Kyi’s Reith lecture has profound relevance for any country
where freedom is under threat, including Zimbabwe.

The repressive behaviour of the military junta in Burma is a reminder of the
dangers that face a country when the army takes power. The junta this week
bluntly told Aung San Suu Kyi to “stay out of politics.” Interestingly, in
Zimbabwe, Emmerson Mnangagwa used a piece in last Sunday’s Herald to warn
Morgan Tsvangirai not to undermine the generals. Meanwhile, the building of
the Chinese funded ‘Defence College’ goes ahead in Harare; China is of
course Burma’s nearest neighbour and it seems that Burma’s hopes of freedom
will be a long time coming with such a powerful neighbour protecting the
military junta. The west hails China’s economic success but little is said
about China’s involvement in Africa whose huge mineral resources they
exploit to their benefit. Workers in Zimbabwe speak of Chinese bosses
ignoring their human rights and treating them worse than colonialists ever
did. The fact is that China has become the new colonial power in Africa
having bought their way in by means of huge loans to impoverished African
countries. Figures out today reveal that 170 foreign owned mining companies
have submitted plans on how they propose to indegenize in compliance with
the Zimbabwe government’s ruling. There is no mention of Chinese companies.

For the third time in 3 months Tendai Biti’s offices were invaded by
so-called war veterans. Shockingly, these thugs were escorted by the police
as they searched the six storey building for Biti, threatening to beat him
up or even kill him because the Minister of Finance had declined to pay
salary increases to civil servants – and that includes war vets. The
government coffers are empty, there is no money; $500 per month is the new
poverty line for a family of four. Zimbabwe is no different from Europe
where strikes and civil unrest are the order of the day as the economic
crisis bites deeper. The difference lies in how the police react. In London
yesterday the streets were packed with angry but largely peaceful
demonstrators. Thirty people were arrested according to the police - and
they were anarchists determined to make trouble we were told. It is hard to
believe the Zim cops would tolerate public demonstrations, however justified
they were. The MDC provincial chair person for Gokwe was arrested yesterday
and the charges against him make interesting – and relevant – reading. He
was charged with 1. undermining police authority 2. inciting violence and 3.
taking pictures of a former Zanu PF torture base without ‘authorization’.
The media is the latest victim of police paranoia with the editor of The
Standard newspaper and two reporters spending the night in gaol for “false
reporting” over the case of Jason Timba who was released after the court
ordered that there was “no further justification” for his arrest.

All in all, I believe Zimbabwe constitutes a test case for Aung San Suu Kyi’s
discussion on the acceptable means of bringing about freedom. The MDC has
espoused the ‘democratic’ way to achieve change but looking on from the
outside it is increasingly difficult to see how the utterly intransigent
regime that Mugabe heads will ever stand aside for a democratically elected
government – even supposing that free and fair elections ever take place.

Yours in the (continuing) struggle PH. aka Pauline Henson author of the Dube
books available on Lulu.com

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Constitution Watch of 30th June 2011 [COPAC Thematic Committees Still Stalled]

CONSTITUTION WATCH 2011

[30th June 2011]

COPAC Thematic Committees Still Stalled

The work of the thematic committees stopped prematurely on the 9th June. At that point the committees had completed:

· ward reports, i.e., reports on the data accumulated from the public outreach meetings in the country’s wards

· reports on the special outreach meetings held for the disabled, the youth and Parliamentarians

· reports on the Diaspora responses to COPAC’s online questionnaire

· reports on written submissions received at COPAC head office.

Uncompleted work of thematic committees What remained to be done by the committees as of 10th June was consolidating the ward reports into district reports and provincial reports; and the melding of all reports into a national report. Two problems prevented the process continuing immediately:

· a shortage of funds, and

· the resurfacing of earlier disagreements about the methodology to be employed in analysing outreach data, in spite of the compromise agreement reached between the parties on 12th May for the use of both quantitative and qualitative approaches to the analysis of outreach data and for multiple meetings in any one ward to be treated as one meeting. [The terms of the agreement of 12th May were set out in full in Constitution Watch of 13th May.]

Both these problems needed referring to the Management Committee for final decision. Pending its meeting the Select Committee worked to find a solution to the new impasse.

Decision of Management Committee Still Awaited On 23rd June the Management Committee was told by the three co-chairs that the Select Committee had managed to reach a fresh agreement on methodology but had not yet reduced it to writing. The Management Committee deferred its decision until the written agreement had been circulated and members had studied it. It is now expected to reconvene on Monday 4th July to give the go-ahead for the thematic committees to resume work in accordance with the agreement.

Dates for Resumed Thematic Committee Sittings If, as expected, the Management Committee approves the Select Committee’s agreement on the way forward, downsized thematic committees will sit for 14 days from 6th to 20th June. [Details of the revised composition of the committees are awaited.]

Funding The $1 million needed for the remaining work of the thematic committees has had to come from the Government, because the donors have said they will not provide any further financial support for the thematic committees, even though COPAC has determined that the numbers of individuals involved will be reduced. [The donors are still prepared to provide funds for the drafting stage, which will follow the completion of the thematic committees stage.]

Brigadier-General Nyikaramba Out of Thematic Committee Stage

Up to the 9th June this controversial military officer participated in the thematic committee stage as a ZANU (PF) technical adviser to the thematic committee on elections. He will not be participating when the thematic committees resume work. [MDC-T co-chair Mwonzora said Brigadier-General Nyikaramba had been removed because of a long-standing Management Committee decision that serving military officers could not work for COPAC especially at advisory level. ZANU-PF co-chair Mangwana maintained that his contract had simply come to an end.]

The Ward Reports

Each thematic committee ward report provides a summary, using a standard form, of the responses of the meetings in that ward to the concepts [i.e., the talking points and questions put to the meetings] for the thematic area of that committee – this information having been extracted by the committee from the meeting reports prepared during the outreach process and then uploaded into the COPAC databank during the data uploading stage.

At the beginning of the summary the ward and its province and district are identified, and the type of ward stated, i.e., whether urban or rural. The summary then goes on to list the number of meetings and the attendance numbers for each meeting, broken down under the following headings: youth, male, female, special needs and total. For each meeting there must be an assessment of the “meeting atmosphere”. [Note: The agreement of 12th May stipulates that key attributes in the “qualitative approach” will include “attendance, gender, youth, disability and atmosphere of meeting”.]

Next the document summarises the “meeting response” to the concepts relevant to the thematic area concerned at each meeting, then specifies the “frequency” and the “ward response”. The “frequency” indicates how many meetings came with a particular response. For instance, if in a three-meeting ward, all three meetings were strongly in favour of there being a Prime Minister, the frequency would be reflected as 3/3 and the ward response as “Yes to Prime Minister”. But if only one meeting was strongly in favour of there being a Prime Minister, with one meeting divided but predominantly in favour and one divided but predominantly against, the frequency column would show 1/3 for each different meeting’s response and the ward response would be reflected as “Yes to Prime Minister - divided opinion”. And so on.

The document ends with a certificate by the committee’s team leaders and rapporteurs stating that the committee has gone through the responses recorded from the COPAC database under the thematic area concerned and confirming that the group responses set out in the summary were recorded in the number of meetings indicated.

Looking ahead to the Drafting Stage

Addressing a SAPES Policy Dialogue Forum meeting on 16th June COPAC’s MDC-T co-chair Douglas Mwonzora expressed his personal opinion that the drafting stage would be completed in July. That now looks far too optimistic a forecast, given that work on the thematic committee reports will not be completed until 20th July at the earliest.

The latest tentative timing for commencement of drafting by the drafting committee is the first week in August.

COPAC has not officially announced the names of those who will make up the drafting committee, although the individuals concerned have all been selected. The committee will have eighteen members:

· three lead drafters, all highly experienced professionals

· fifteen other members, five nominated by each of the political parties

· the three COPAC co-chairpersons.

Information still not Available

Notwithstanding costly press advertising claiming that all COPAC does is transparent and open to the public, the names of the committee members and technical advisers nominated by ZANU-PF and MDC who took part in the thematic committee exercise up to the 9th June have still not been made available. [We were able to publish the MDC-T list in Constitution Watch of 14th June.] COPAC’s records obviously include these names, because the persons concerned have been paid. There can be no justification for treating as secret or confidential information that the public is entitled to.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

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Bill Watch 26/2011 of 30th June [Parliamentary Update]

BILL WATCH 26/2011

[30th June 2011]

The House of Assembly sat on 14th and 15th June, then adjourned to 12th July

The Senate is adjourned until 5th July

Parliamentary Legal Committee [PLC] and Indigenisation Regulations

It was reported to the House of Assembly on 1st June that the PLC had given an adverse report on the Indigenisation and Economic Empowerment (Amendment) Regulations (No. 3) [SI 34/2011], gazetted by the Minister of Youth Development, Indigenisation and Empowerment. Although the report has not yet been debated in either House, it has been made available. [Electronic version available]. The report found the penalties provided for by the amending regulations – fines of up to $2000 and imprisonment for up to 5 years for failure to submit indigenisation plans, investing in sectors reserved for indigenous Zimbabweans or understating net asset value of a business – to be both unconstitutional and ultra vires the Indigenisation and Economic Empowerment Act, for the following reasons:

· the hefty penalties are grossly disproportionate with the offences committed, thereby being inhuman and degrading, and thus violating section 15 of the Constitution

· by imposing prison terms on businesses, the regulations are unreasonable and absurd, thereby violating section 18 of the Constitution which provides for the right to the protection of the law.

The options now available to the Minister are:

· to gazette new amending regulations adjusting the four penalty provisions concerned in a manner acceptable to the PLC; or

· to attempt to persuade the Senate to reject the PLC’s report when it comes up for consideration in the Senate, which should be within two days of the Senate resuming on 5th July. [After the adverse report has been considered by the Senate sitting as a committee, a Senator who is a member of the PLC will ask the Senate to resolve that the SI is inconsistent with the Constitution. Senate Standing Orders do not state a time-frame within which these proceedings must be completed. If the resolution is adopted by the Senate, the President must repeal the offending provisions – unless, within 21 sitting days after the adoption of the Senate’s resolution, the House of Assembly resolves that they should not be repealed. See Bill Watch 22/2011 of 6th June.]

[Note: The principal Indigenisation Regulations – SI 21/2010 – were considered by the PLC last year and then amended by the Minister to accommodate the PLC’s objections. See Bill Watch 25/2010 of 28th June 2010.]

The Special Indigenisation Rules for the Mining Sector

The Parliamentary Legal Committee is finalising its report on the special indigenisation rules for the mining sector gazetted under General Notice 114/2011. These rules have been heavily criticised by leading lawyers as unconstitutional, ultra vires and badly drafted. [See Bill Watch 16/2011 of 6th April 2011.]

In Parliament

Senate The Senate did not sit this month. It last sat on 31st May, when it approved the Chinese loan agreement after brief debate and promptly adjourned until Tuesday 5th July without dealing with any of the Bills on its agenda.

House of Assembly The House sat on Tuesday 14th and Wednesday 15th June. It did not discuss the only Bill on the Order Paper, the National Incomes and Pricing Commission Amendment Bill, so that will now have to wait until the House resumes sitting on Tuesday 12th July.

The House debated and adopted condolence motions on the late Welshman Mabhena, former Deputy Speaker and Governor of Matabeleland North and the late Edgar Tekere, former Cabinet Minister. The Mabhena debate exposed once again the gap between ZANU-PF and the other parties on the conferment of National Hero status.

Question Time During Question Time on 15th June questions without notice were fielded by Deputy Prime Minister Mutambara and Finance Minister Biti. Written questions on the Order Paper were not dealt with at all, because not one of the Ministers concerned was present in the House – another sign of continuing executive disrespect for the legislature. The number of unanswered written questions has now risen to 38. A new question of general interest just added to the written questions list calls for comment from the co-Ministers of Home Affairs on the Ministry’s measures to assist poor citizens in remote areas to obtain long birth-certificates, and new or replacement identity cards, quickly and without having to incur prohibitive travelling costs.

Acts Gazetted This Month

With the gazetting of three Acts during the course of this month, all Bills passed by Parliament so far this year have now been gazetted as Acts.

Gazette of 10th June

The following two Acts were gazetted but are not yet in force, as both of them provide for their dates of commencement to be fixed by the President by statutory instrument, and no such statutory instruments have been gazetted to date.

· Energy Regulatory Authority Act (No. 3/2011) This Act provides for the establishment of an Energy Regulatory Authority to regulate electricity and petroleum supplies and other energy resources.

· Attorney-General’s Office Act (No. 4/2011) This Act provides for the establishment of the Attorney-General’s Office as an entity outside the Public Service, under the control of a Board which will make staff appointments, fix conditions of service and administer and supervise the Office. The Minister of Justice and Legal Affairs is empowered to give the Board “such directions of a general character relating to the policy which the Board is to observe in the exercise of its functions, as the Minister considers to be requisite in the national interest”. Apart from such Ministerial directions the Board will “not be subject to the control or direction of any person or authority”. The Attorney-General will be an ex officio member of the Board but not its chairperson – the chairperson will be a senior lawyer appointed by the President after consultation with the Judicial Service Commission. The Attorney-General and the Deputy Attorneys-General, although members of the Office, will continue to be appointed by the President and to hold office under the Constitution. The Act does not affect the Attorney-General’s independence in the exercise of his powers or duties under section 76 of the Constitution – so the Board will not have the power to tell the Attorney-General how to do his job as the nation’s chief prosecutor.

Gazette of 24th June

Criminal Law Amendment (Protection of Power, Communications and Water Infrastructure) Act (No. 1/2011) This Act comes into force immediately, but the stiffer criminal penalties for which it provides will only apply prospectively, i.e., to offences committed on or after 24th June. The Act provides for a tougher response by law enforcement authorities and courts to vandalism and theft of electricity, telecommunications, broadcasting, railway and water “infrastructure material” and receiving stolen material. It does this by amending the Criminal Procedure and Evidence Act; the Postal and Telecommunications Act; the Broadcasting Services Act; the Railways Act; the Electricity Act; and the Water Act. Changes include:

· adding the statutory offences concerned to the list of “serious economic crimes” for which, at the option of the Attorney-General, there can be no bail until 21 days after the first court appearance [amendments to Criminal Procedure and Evidence Act, Ninth Schedule]

· lengthy mandatory minimum prison terms – 5 years in some cases, 10 years in others [but with a let-out where a court finds special circumstances – this is designed to keep the penalty provisions within constitutional limits]

· as a measure to counteract theft and trafficking in stolen infrastructure material [e.g., cables, piping], requiring persons transporting any “infrastructure material” to have a special police clearance certificate [or have appropriate customs clearance if in transit through Zimbabwe] – and laying down prison terms for those unable to produce such clearance certificates on demand by police or authorised inspectors

· provision for forfeiture of land or premises on which stolen infrastructure material is found if the owner knowingly concealed or stored the material on the land or in the premises. [Electronic version of Act available.]

Statutory Instruments

· Broadcasting Licence Fees – regulations setting new licence fees for broadcasters appeared in SI 69/2011, which was gazetted on 7th June. The regulations were made by the Broadcasting Authority of Zimbabwe with the approval of the Minister of Media, Information and Publicity. [Please note: Electronic version of SI not available.]

· Gazette of 10th June – Ruwa Local Board rents and charges by-laws [SI 70/2011], Medicines and Allied Substances Control Council Regulations – fee payable to Council for conducting hearings [SI 71/2011]

· Gazette of 17th June – no statutory instruments were gazetted in the Government Gazette of 17th June.

· Gazette of 24th June – modifications of the customs tariff [SI 72/2011] and the customs suspension regulations [SI 73/2011].

Requests for electronic versions that have been offered should be emailed to veritas@mango.zw

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

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Zimbabwe government agrees to 50-per-cent civil service pay hikes

Editor, journalist freed on bail in Zimbabwe

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Zimbabwe's opposition parties ponder coalition

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Zuma intervenes

Fist Raising, A Risk In Zim - Tsvangirai

Willful Transmission of HIV in Spotlight as Zimbabwe Lawmaker Prosecuted

Air Zimbabwe passengers angered by bus offer

Zifa To Take Advantage of Blatter's Visit To Zim

The face of Zimbabwe's military brass

SW Radio Africa statement on release of CIO names and details

Making the water safer

A letter from the diaspora

Constitution Watch of 30th June 2011 [COPAC Thematic Committees Still Stalled]

Bill Watch 26/2011 of 30th June [Parliamentary Update]