SW Radio
Africa News Stories for 19 July 2010
By Alex Bell
19 July 2010
The government has once again snubbed a ruling by the
human rights court of the Southern African Development Community (SADC), saying
the ruling is of “no consequence” to Zimbabwe.
The comments were made by Justice Minister Patrick
Chinamasa over the weekend, after the SADC Tribunal ruled that the government
was in contempt, for ignoring previous rulings over unlawful land seizures. The
contempt ruling is the third since the government was taken to court over the
land ‘reform’ programme in 2008, and the case will now be referred to the SADC
summit in Namibia next month.
But ZANU PF’s Chinamasa on Sunday told the state
controlled Herald newspaper that SADC rulings would never change the government’s
position on land ‘reform’. He added that the position on the SADC Tribunal
remained the same, in that that it did not recognise its judgements.
"Our position remains the same that we don't
recognise the SADC Tribunal for reasons that we have given before. The farmers
can have as many such judgements as they can but they will be of no effect in
our jurisdiction," he said.
"The farmers are wasting their time and money and
are only going there for propaganda purposes. They are entitled to play their
propaganda by going to the Tribunal but we will not recognise the
judgement," he said.
The Tribunal on Friday ruled that farmers can refer
their grievances to the SADC summit in August, as the Zimbabwean government has
still failed to protect them and their rights to their land. This decision
followed an urgent court application made by farmers Louis Fick and Mike
Campbell last month, in a bid to force SADC leaders to intervene.
The application called on the SADC Tribunal to
consider measures under the SADC Treaty to terminate or suspend Zimbabwe’s
membership from SADC. The basis of the application is that the government
remains in contempt of the SADC Tribunal by allowing ongoing farms invasions,
arrests, prosecutions and imprisonment of farmers, despite a Tribunal order to
protect the same farmers.
The government was ordered to protect these rights in
a landmark ruling by the Tribunal in 2008, which said that land ‘reform’ was
unlawful and discriminatory. That ruling has been completely ignored by the government,
which was eventually charged with contempt by the Tribunal. Previous comments
by Chinamasa dismissing the Tribunal landed the government in further hot
water, when another contempt charge was eventually handed down.
Chegutu farmer Ben Freeth, who heads the SADC Tribunal
Rights Watch group, on Monday told SW Radio Africa that the ball is now in
SADC’s court to take firm action with Zimbabwe. He explained that the Tribunal
is a “visionary concept that means nothing until judgements are implemented.”
“A court with no teeth is a pretty useless thing,”
Freeth said. “It paints a gloomy picture for the whole SADC region if human
rights abuses are allowed to continue in this way.”
Meanwhile South Africa’s main political opposition,
the Democratic Alliance (DA), on Monday said that regional leaders are to blame
for allowing Robert Mugabe’s party to continuously flout SADC law. The DA’s
Wilmot James said that Mugabe “has shown SADC the finger, again.”
“Honouring the Tribunal's rulings is a fundamental
point of democratic adherence to the rule of law, the honouring of the
independence of the judiciary and the legitimacy of SADC. Zimbabwe stands in
brazen contempt of SADC of which it is a member state,” James said.
The DA last year called on South African President
Jacob Zuma to enforce the Tribunal's ruling on the Zimbabwean government while
he was head of SADC. Zuma however, accomplished nothing. James said on Monday
that the South African government should “reverse its stance, and ought to be
doing everything in its power to convince President Joseph Kabila of the
Democratic Republic of the Congo - the incumbent head of SADC - to enforce the
ruling.”
“We must also ask ourselves exactly what South
Africa's commitment to SADC is. We hear a great deal from the Zuma
administration about the need to foster close ties with our neighbours as we
supposedly work towards achieving closer economic integration and a
proliferation of common values. However, these commitments mean very little if
the mechanism through which they are to be achieved, the SADC body, remains
nothing more than an opportunity for grand but ultimately empty speeches and
promises,” James said.
SW Radio
Africa News Stories for 19 July 2010
By Lance Guma
19 July 2010
Finance Minister Tendai Biti has suggested that ZANU
PF leader Robert Mugabe and several of his senior army generals are hanging
onto power because they fear prosecution for human rights abuses, once they
step down.
Addressing delegates to a meeting organized by the
Confederation of Zimbabwe Industries, Biti is reported to have cheekily offered
an olive branch saying, ‘let’s tell them that they can leave and not lose their
farms or (get) arrested.’ The CZI meeting was organized to review the 2010
mid-term budget statement the Finance Minister had presented to Parliament last
week Wednesday.
The suggestion to offer immunity has been made several
times in the past with various think tanks, including the International Crisis
Group, putting forward the idea. Last year South Africa’s opposition Democratic
Alliance joined the fray suggesting a favourable exit strategy for Mugabe was
the only way he will ever relinquish power. Some analysts however say it raises
the question of who has the right to offer immunity and what is the input of
victims who have either suffered rights violations or lost loved ones.
When Mugabe and ZANU PF lost the harmonized
presidential and parliamentary elections in 2008 it was reported at the time
that the MDC leadership was in direct talks with members of the army about
offering immunity in return for Mugabe accepting defeat and stepping down. ZANU
PF officials were even said to have stressed that Mugabe would step down if
there were guarantees that he and senior aides would not be prosecuted.
Whatever the truth of the reports nothing
materialized. Instead the Joint Operations Command (JOC) a grouping of army,
police and state security chiefs, engineered a murderous campaign of
retribution that cost the lives of over 500 opposition supporters and the
maiming of tens of thousands more. Eventually the mediation of the Southern
African Development Community (SADC), led by South Africa, created a compromise
coalition government which kept the loser firmly in power.
When Finance Minister Tendai Biti was still trying to
push through the Reserve Bank of Zimbabwe Act, immunity from prosecution for
central bank governor Gideon Gono was made a precondition by ZANU PF MP’s.
Parliament passed the Bill after it was amended to include a clause that gave
partial immunity to Gono or any employee of the bank "for anything done in
good faith and without negligence under the powers conferred by this Act".
At the time of the deal political analyst John Makumbe
called the granting of immunity to Gono a ‘costly’ golden handshake. “It's
dangerous to give immunity to a person who destroyed our economy propping up
ZANU PF. I am furious about it. The MDC has no authority to grant anyone
immunity.” He also said it was a dangerous precedent that would make it
difficult to prosecute other people, guilty of similar crimes.
Political analyst Pedzisai Ruhanya said amnesty should
be offered along the lines of what happened in South Africa after the end of
the apartheid regime there. He said amnesty should be offered within a legal
framework like a Truth and Reconciliation Act. This however could not cover
crimes of genocide which, under international law, cannot be excused. Ruhanya
said even if the political parties struck an amnesty deal, individual citizens
could still approach the courts seeking justice under international law.
SW Radio
Africa News Stories for 19 July 2010
By Tichaona Sibanda
19 July 2010
The Civil Protection Unit has put up temporary
shelters in Beitbridge for hundreds of Zimbabweans fleeing xenophobic threats
on foreigners in South Africa.
Madzudzo Pawadyira, the director of the CPU, said they
had erected three big tents and made available 10,000 blankets, 20 boxes of laundry
soap and 1,000 buckets. He said the same measures have also been put in place
in Plumtree to cater for those returning through the Plumtree border with
Botswana.
Pawadyira said they got help to set up the temporary
shelters from United Nations agencies such as the International Organisation
for Migration (IOM) and other non-governmental organisations like Medecins Sans
Frontiers and World Vision.
Luke Zunga from the Global Zimbabwe Forum in
Johannesburg told us on Monday the IOM had informed them last week of its plans
to put up reception centres in Beitbridge.
‘What the IOM will do through these centres is to
receive returning exiles and help them re-organise and re-direct them to their
particular home areas. This facilitator also helps people without money to get
to their destinations,’ Zunga. In most of the cases, Zunga said, migrants
passing through Beitbridge will be fed whilst in transit and while they are
trying to figure out their next move.
Many foreigners living in South Africa’s poorest neighbourhoods
have in recent weeks received threats in the wake of the World Cup; two years
after a wave of anti-immigrant violence left 62 dead across the country.
Exiled Zimbabwean Everisto Kamera recently told SW
Radio Africa that xenophobic sentiments are less common in South Africa’s
wealthy suburbs, but are often serious in the poor shantytowns that surround
major cities like Johannesburg, Cape Town and Durban.
In the last week thousands of Zimbabweans working and
living in South Africa returned home after the final of the 2010 football World
Cup.
The Beitbridge border post has experienced a big
increase in volume with queues of people and vehicles snaking along the
highways for kilometres on the South African side of the border. Also fleeing
South Africa are nationals from Zambia and Malawi.
Foreign nationals, especially those residing in the
country’s marginalised communities, are often accused of ‘stealing’ jobs and
houses from locals.
SW Radio
Africa News Stories for 19 July 2010
By Irene Madongo
19/07/2010
Coins and notes from other countries will have to be
brought into Zimbabwe to relieve the serious shortage of cash, Finance Minister
Tendai has announced.
The plans were unveiled as part of Biti’s Mid-Term
fiscal policy review statement which he presented to parliament last Wednesday.
“Under the current multi currency regime, the
inadequacy of smaller denominations has posed a number of challenges in
transactions.
“Treasury will, therefore, be facilitating in the last
half of 2010 the importation of foreign smaller denominations and coins,” Biti
said.
The government was forced to ditch the Zimbabwean
local currency last year in favour of the South African Rand and US Dollar,
because the political crisis and economic meltdown caused record-breaking
hyperinflation going above 49 billion percent. The government wants the
multi-currency system to remain in place until 2012.
Although this measure has ended the hyperinflation, it
has caused cash flow problems. The severe shortage of foreign currency in the
country has deterred many Zimbabweans from depositing their money in banks and
people are reported to have been literally washing the dirty US$ notes in
circulation.
The problem is also negatively affecting businesses,
with retailers asking shoppers to take other goods in lieu of change. Trade
policy analyst Albert Makochekanwa says a decision to adopt a single currency
has to be made in the near future.
Biti has conceded that sourcing funds is a problem.
The 2010 budget targets to raise US$810 million but by the end of the first
quarter of 2010, only US$2.9 million was received. The economy has remained
under severe stress, with the government forced to review its growth target
from 7.7 percent to 5.4 percent.
Donors and countries which have indicated they will
pour money into Zimbabwe’s coffers, are reluctant to do so until the government
fully implements the Global Political Agreement and establishes the rule
of law.
Biti also added that laws such as the Indigenisation
Act had deterred investors from Zimbabwe. “The poor performance is as a result
of investors pulling out their investments reflecting depressed investors’
sentiment over perceived financial risks, especially following gazetting of the
Indigenisation Regulations on March 1,” he said.
SW Radio
Africa News Stories for 19 July 2010
The MDC Today
Monday 19 July 2010
At least 20 MDC supporters including two councillors
were arrested in Rusape, Manicaland province last week after residents
protested against the Local Government, Rural and Urban Development minister,
Ignatius Chombo. The arrested councillors are Rusape council chairperson,
Kidwell Gomana and Ward 8 councillor, Teddy Chipere. Residents of Rusape were infuriated
by Chombo’s ruling that he wanted to set up a commission to run the affairs of
the Rusape Town Council.
Of these twenty, eight were released with no charges
laid against them and the other seven appeared before a Rusape magistrate. Six
of these were released on US$50 bail each, whilst Chipere who is also the MDC
Rusape district chairperson, was denied bail and remanded in custody. The other
five, who were picked up on Friday, are expected to appear in court today.
The Manicaland province spokesperson and Makoni South
MP, Hon. Pishayi Muchauraya appeared before a Murambinda magistrate on
trumped-up charges of undermining the President at a rally in 2006. He will
appear before the courts on September 22.
In Midlands North, the MDC Midlands North provincial
chairperson, Cephas Zimuti has been acquitted by a Gokwe magistrate. Zimuti was
arrested last month for holding an MDC executive meeting at Gokwe Centre. The
case was dismissed on the basis that any closed door meeting is not supposed to
be booked to the police.
In Masvingo province, Zanu PF has continued with its
terror campaign. In Masvingo South, Masviba Dhombo, Kariba Musaidzwa, Saston
Maroveke and Julius Masimba – all headmen have been on the forefront of
inciting political violence in the area despite the fact that the Global
Political Agreement (GPA) openly states that traditional leaders should be
apolitical. The four have clearly declared that they would campaign for
Zanu PF.
In Mwenezi district, Zanu PF thugs and soldiers last
Friday stormed Chingami Primary school, Ward 5 in Mwenezi East and reportedly
ordered the school authorities to temporarily stop lessons to pave way for a
Zanu PF rally. The Zanu PF mob, which was led by one Colonel J
Hungwe and Zanu PF District Coordinating Committee (DCC) commissar
for Mwenezi, Justice Sithole, arrived at the school around mid morning and
instructed the pupils to go home and bring their parents to the rally, which
was later addressed by Colonel Hungwe.
In the same province, Gorden Mugadza, the MDC Masvingo
South vice-chairperson was last week arrested and denied access to food and
medication by overzealous police officers at Renco police station, only to be
released two days later with no charges being brought against him.
Together, united, winning, ready for real change.
--
MDC Information & Publicity Department
Harvest House
44 Nelson Mandela Ave
Harare
Zimbabwe
Tel: 00263 4 793 250
--
Together to the end, marching to a new Zimbabwe
The Changing Times is the official mouthpiece of the
Movement for Democratic Change.
Banda believes the MDC is embarrassed after defending
GNU, and doesn’t know how to go back to the people and tell them about the
difficulties they are facing from ZPF in the so called inclusive government;
while Original says the constitutional making process is now just a political
contest between ZPF and the MDC.
In today's Letter from America, Dr. Stan Mukasa
explains why Mugabe and ZANU desperately need the money from Marange diamond
sales
NANGO chairperson Dadirai
Chikwengo on Rules for our Rulers
19 July 2010
This week on Rules for our Rulers Lance Guma speaks to
Dadirai Chikwengo the chairperson of the National Association of Non
Governmental Organizations (NANGO). The programme gets the NANGO assessment of
the constitutional outreach exercise so far and whether the process will
deliver a people driven document. Chikwengo says judging from what has happened
so far ‘it looks like the outreach will need a run-off’ to decide what the
people want.
This week on Behind the Headlines SW
Radio Africa journalist Lance Guma speaks to Tinoziva Bere, one of the lawyers
representing human rights activist Farai Maguwu. Bere and his team watched
helplessly as Mugabe’s regime put pressure on the legal system to keep Maguwu
detained for nearly 40 days in remand prison. After huge domestic and
international pressure the courts eventually freed Maguwu on bail, this week
Monday. So what happens next and will the charges be dropped?
Interview
broadcast 15 July 2010
Lance Guma: Hallo Zimbabwe and welcome to Behind
the Headlines. This week we speak to the man who was part of the defence team
for human rights activist Farai Maguwu. We speak to Zimbabwean lawyer Tinoziva
Bere who had to watch while his client spent 39 days in custody. Mr Bere thank
you for joining us on the programme.
Tinoziva
Bere: Thank you.
LG: Now first of all, congratulations on
your client being released this week, Monday. Did that come as a surprise to
you?
TB: A pleasant surprise as it was about
time. The time it had taken was abnormal and you know the wheels of justice
sometimes take time to turn but this time but this time they were taking a
little longer so it was, yes, a pleasant surprise.
LG: Now from the way events unfolded –
the police raided Mr Maguwu’s Centre for Research and Development in Mutare, Farai
went temporarily into hiding, they went to his house looking for him, even
spent a couple of days there, eating his food, using his blankets and
everything – did you ever imagine he would spend this long in custody?
TB: Initially no because Farai went to
the police station voluntarily, handed himself over so we assumed that even
though the police might have been malicious to keep him inside for as long as
they could before going to court, we assumed the moment the court heard the
story that he came on his own, the court was going to regard him as a suitable
candidate for bail and so we were quite shocked that first the court put him on
remand on those kinds of charges and that denied him bail.
And then the High Court, before
Justice Bhunu also did not think that he was a good candidate for bail and we
had to go back to the magistrate who surprisingly also denied him bail and I
think at that stage, we were beginning to wonder whether this case would be
dealt with in the normal way or not and to some extent we were feeling a little
disillusioned. But you have to keep trying and so we did keep trying, we were
not going to make it easy for them to keep Farai in jail so we continued
pushing.
LG: Now in cases like this, 39 days is
quite a long time and the basics tend to be forgotten, can you put us in the
picture for those who are forgetting, what exactly is the State accusing your
client, Mr Maguwu of doing?
TB: When Farai was arrested and put in
jail when I had taken him to the police station, the reason given to us was
that he was facing allegations of having given an undisclosed document to
Chikane, which document was alleged to be a State security document which was
meant for JOMIC and he denied these allegations and then he was put in jail at
Mutare. Two nights later, Farai had blankets removed from him and when he woke
up in the morning he had a throat infection, he had a fever and he had a chest
infection.
We demanded that he be treated, this
was declined and so for two days he received no treatment until he was taken by
Harare police to the hospital where a nurse prescribed some medication. He took
that medication once and then someone threw it away. We then went to court and
the charges changed.
This time they said he had published
a report to three named persons and the report that he had allegedly published
was said to be a false report and so the charge was now contravention of
Section 31 of the Criminal Code which is publishing falsehoods against the
State which is likely to prejudice the interests of the State and then started
the battle to try and get Farai out of jail, but the charges then that he was
facing were now based on a draft report by the Centre for Research and
Development based in Mutare.
LG: OK so he was freed this Monday after
39 days as you pointed out, what does it mean? From here, what happens next?
TB: From now the battle turns to the
issue of his property. When they did the raid, they took his assets which
include his motor vehicle, personal documentation and other items that he does
not know because they did not leave a list of what they took so in court
yesterday we demanded that they must produce a list of the assets that they
took and also that of those assets which they took, everything that is not
evidence against Farai must be surrendered and that will include the motor
vehicle.
And the Order was granted, of course
our disappointment, we asked that this be done in two days because we don’t
believe a document that is at Law and Order offices can take more than two days
to produce and the court thought they need two weeks to do that. Disappointing
but not surprising because this has been the pattern that the rights of accused
persons are secondary to the rights of the State which is not so in a civilised
society.
LG: Now the investigating officer in
this particular case has been arguing, as you have also said in the past, that
he wants more time to investigate. Pretty weird that they would arrest
somebody, then investigate later instead of investigating before arresting but
anyway the point is Detective Inspector Dowa is saying he wants to speak to the
Kimberley Process monitor Abbey Chikane but we are seeing reports where Chikane
is saying he has no intentions of meeting Dowa and even if they were to meet he
would have nothing to say. Have you had sight or read these reports?
TB: I have not heard this report but
what I know is that the report by Chikane to the Kimberley community clearly
laid allegations which laid the basis for Farai’s arrest and when you read that
report, Chikane is not a Zimbabwean lawyer but Chikane enlisted the services of
the police or the authorities to frame and record in his report criminal
allegations against Farai.
We don’t think that happened by
accident, we think it was part of the plot to discredit the criticism that the
government was facing. We have never believed Dowa when he said that he was
going to South Africa to speak to Chikane because they had already spoken to
Chikane, they were already given information by Chikane and by Dowa’s own testimony,
Chikane surrendered documents that he gave to them before he left the country
and for Dowa to say that he was going to South Africa to meet Chikane at a time
when Dowa would have known that Chikane was in Tel Aviv attending the Kimberley
meeting, it’s just ridiculous.
So we believe the excuse that he
wanted to see Chikane was intended only for purposes of ensuring that they had
an excuse that they were still investigating in order to keep Farai in jail.
LG: Now the other excuse they offered
was that parts of the matter needed the involvement of Interpol and that they
described these as extra-territorial investigations that needed to be made.
What’s the status of those?
TB: You should have been in court when
he gave that evidence and he was asked first and foremost to produce his
passport to show he had gone to South Africa – he then said he had no passport
and he was asked how he had gone and he explained that the South African police
had assisted him to border jump into South Africa which we all found to be
ridiculous.
But the other strange contradiction
of course was that he said that he had enlisted the services of Interpol. We
all know that you would not ask Interpol to perform a task by word of mouth so
he was asked to bring a copy of the instruction or request that he had sent to
Interpol and he could not produce one so this is why I said I don’t believe
anything he said, it was an excuse to keep Farai in jail, there are no
investigations of that nature going on.
And if Chikane says they have not
been in touch with him and he has no plans to meet with them, he might be
telling the truth because he has already done the damage to Farai. He has had
Farai in prison for 40 days for nothing and he has given credibility to the
Zimbabwean process which Farai was critical of.
LG: Now this particular case – the
trials and tribulations that your client faced – you diarised most of this in
updates which many in the media found very useful. Talk us through your
thinking behind putting an update every single day.
TB: Farai’s family is not only people
that are his family by birthright, or the people that are here in Zimbabwe.
Farai’s family are an entire community of people that have touched his life and
those that whose lives he has touched whether through schooling, through his
work, through community, through partnering and so forth, so I found the
enquiries that were being made of me once this matter started, far too
overwhelming to be responded to individually and I decided that the most
effective way to tell all these people what was happening to Farai was to do so
by a daily update and it reduced the number of phone calls that I had to deal
with, it reduced the number of emails that I had to deal with.
It was just a practical solution to
serve the needs of a much larger community of people that were concerned about
Farai. All I did was, I kept it as factual as was possible and where it was my
opinion, it was clear that I was expressing my opinion on events that I had
seen on the ground.
LG: Now quite clearly the State media
were not amused and in fact certain columns were tasked to vilify you. How did
you feel about some of the criticisms directed at you for diarising this whole
case?
TB: I had two thoughts – I believed that
certain of those characters if they’d have sung praises of me, they would have
destroyed my reputation so when they criticised me I felt that they add to my
credibility rather than subtract. The other aspect is I noted the threat that
was inherent in those remarks and my attitude is that, save for God, I’m not
afraid of anyone and I believe that the truth, the truth does not need a gun.
And the work that we need to do I think continues, irrespective of the
loyalists who praise what we truly believe to be wrong.
LG: Now when Farai was released on
Monday, we haven’t had the chance yet to talk to him but we intend to do so in
the coming days – what was the first thing he said to you? How was he feeling
about the whole experience?
TB: He was most thankful to the defence
team for standing with him because we did this work for no expectation of pay.
We just did it because there was a human rights activist in danger and a human
rights organisation under persecution and we could not call ourselves lawyers
if we had stood by and done nothing, so he was thankful about that. But he was
also most thankful over the support that the community of his friends and
family and colleagues had given throughout and he may not be able to thank all
of them personally but he was a truly happy and grateful man.
LG: Now what about his condition because
there were worries about his medical condition throughout this long period of
incarceration, how is he recovering now?
TB: He, I think, the joy of being free
covered for whatever ailments still remain with him. Yesterday he went to see
his doctor for review, he still has problems with the throat but the stomach
problems are now gone and when an opportunity arises, we expect that the next
time that he is able to go to Harare, he will go through a thorough medical
just to make sure that his recovery’s on course but he is extremely elated and
his family were so delighted. They had stood by him all this time and never
lost hope that they would see him free. Of course people are anxious, they
don’t know if their desire to persecute him has now subsided or if something
else might be cooked and he will be running again.
LG: Away from the legal nitty gritties
in the case, what do you make of what this whole case was all about?
TB: I think what this case says to, what
I think this case says to those that have not been visited is that the work
that we do relative to human rights, there is a price you will pay and that it
is quite easy if the world keeps quiet and civic society keeps quiet, it’s easy
to destroy NGOs either by attacking their executive leadership or their
political leadership or by attacking the organisation itself physically so it
sends a very chilling effect that if you criticise the authorities in our
unjust law, there is sufficient basis for destroying you or destroying the work
that you do.
So I do hope that lessons are being
learnt and drawn from Farai’s experience relative to security of persons that
work in organisations, security of information that those organisations are
working on and security mainstreaming in all that NGOs do because security has
tended to be taken for granted and even most funding partners don’t seem to
take security as a major issue but I think Farai’s case is a lesson.
LG: And my final question for you Mr
Bere – this case clearly was all about the diamond industry in the country –
what would you recommend as the way forward because there is heated debate over
whether to class Zimbabwe’s diamonds as blood diamonds, conflict diamonds,
whether they should be allowed to be exported – what have you drawn from this
case? What would you as somebody who works in both civil society and in the
legal fraternity recommend as a way forward?
TB: My belief is that if a diamond
concession is given to a private company the military authorities should not be
used as a private security company because the military authorities survive at
the expense of the public fiscus, so that’s my first view.
My second view is that I believe that
any diamond mining operation ought to be compliant with the international human
rights standard and ought never be the reason for the shedding of any blood or
the misery of any individual or the unjust treatment of any community and you
only do ensure these things by doing any operation of this nature in a
transparent fashion but if people are prevented from going to Chiadzwa,
including parliament being prevented from visiting Chiadzwa, if everything that
is happening there is opaque and if lawyers end up representing people that
have been beaten by dogs in Chiadzwa, what person in the international
community would be proud to wear a diamond of that nature?
That is I think the take that I have.
I do believe that something ought to be done to ensure that the community that
is affected by this mining operation, have their rights respected to ensure
that the people of this country are the ones who benefit from the mining of
those diamonds, not individuals that are given concessions for some
transactions that are not clear and open, so transparency is the first thing
and respect for human rights is inseparable from the cleanliness of the
diamonds that might come out of Chiadzwa.
I come from Manicaland and I am
shocked that communities’ lives can be destroyed and the world can think that
there’s nothing wrong with that.
LG: That’s Mr Tinoziva Bere, one of the
lawyers that represented human rights activist Farai Maguwu. Mr Bere thank you
so much for joining us on Behind the Headlines.
TB: It was my pleasure.
To listen to the audio of this
programme click the link below
http://swradioafrica.streamuk.com/swradioafrica_archive/bth150710.wma
Feedback can be sent to lance@swradioafrica.com or http://twitter.com/lanceguma
SW Radio
Africa is Zimbabwe’s Independent Voice and broadcasts on Short Wave 4880 KHz in
the 60m band.
JUSTICE FOR AGRICULTURE - FARMS SITUATIONS COMMUNIQUE
Dated 19 JULY 2010
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NYAMANDHLOVU FARMERS ARRESTED YET AGAIN
-------------------------------------------------------------------------------
NYAMANDHLOVU FARMERS ARRESTED YET AGAIN
Nyamandhlovu Farmers Gary Godfrey and Nigel Fawcett,
together with
Nigel's manager Russell McCormack were theatrically
escorted
yesterday morning under armed guard from the charge
office to the police
holding cells at Nyamandhlovu. They are to be charged under the Gazetted
Lands (Consequential Provisions) Act for occupying State
Land without an
"Offer Letter", Permit or Lease. Both Gary and Nigel have
been arrested previously for the same offence but on
those occasions the
Prosecutor declined to prosecute either of them. In fact, Chief
Superintendent Matsika (cell phone +263 912 465774) who
arrested Gary on
5 February 2009 for the same offence has we are told just
had a judgement
of US$50 000 (enforceable for thirty years) handed down
against him.
This ruling awarded damages to another farmer for his
similarly wrongful
arrest and incarceration.
The facts leading up to these arrests are these: On
Monday 31 May 2010
the police began their harassment by cutting the power
supply to
Gary's Highfields Farm.
In so doing they deprived his staff and 35
settled families, together with numerous cattle, sheep
and laying hens of
water. They also
stopped the staff from working with the result that all
the livestock had their food supply cut off
simultaneously.
On the same day the police went to Nigel's Kennellys Farm
nearby
and also instructed the staff there to cease work. In spite of the
province's police officer commanding, Senior Assistant
Commissioner
Edmore Veterayi, having told the SPCA that he cared not
if all the
livestock died, after employing the good offices of
Nyamandhlovu State
Veterinarian Dr. Dube and the SPCA, and with the spirited
intervention of
many settlers the staff on both farms were allowed back
to work. The
people and livestock again received water and the
livestock were fed.
The sale of farm produce which had earlier been stopped
by the police was
allowed to re-commence.
However neither Gary, nor Nigel and his manager
Russell, were allowed to return to the farm and the
police who had been
left at the two homesteads were instructed to arrest the
three should
they return.
Subsequently, after the three did not compliantly return
to the farm to
be arrested the ban on the sale of produce was reinstated
by the police.
This appeared to have been done in order to bankrupt them
into
surrender. In an
act amounting to incitement to commit theft, the staff
at Highfields have just been authorised by the police to
sell the farm
produce on condition they do not hand the proceeds over
to Mr. Godfrey.
It quickly became an untenable situation. To carry all the costs of
production without any of the income is impossible and
yesterday the
three went to the Nyamandhlovu police station in an
attempt to sort out
the situation. In
spite of their co-operation they were immediately
jailed at gunpoint and now have the prospect of sleeping
for several days
on the bitterly cold concrete floor waiting for the
police to produce the
dockets. Gary
certainly has a High Court order authorising him to use
his farm assets until the State has followed proper
process. This order
the police as usual disregard.
Initially the Lands Department stated that they had
instructions that
only six white farmers were to be left farming in each
district. The
rest had to go.
Now it appears that this partial ethnic cleansing has
been sharpened and refined to leave only two white
farmers per district.
Since they are unable to expel the remaining farmers
through the courts
the method is to jail and intimidate them until they
"voluntarily" agree to vacate. This bullying was the method
used to remove James Taylor and his son Matthew from
their Cedor Park
Farm even though the beneficiary had an offer letter for
a different
property.
In a move that could only be described as vindictive,
Assistant Inspector
Monyera (cell phone number +263 712 599676), after taking
instructions on
the telephone, reneged on his earlier undertaking to
bring the three
before the Magistrate who was holding court that
day. The court room
actually forms part of the Nyamandhlovu police
station. Monyera claimed
there were no dockets for the two which is ludicrous
considering they
have already been charged for the same offence. Monyera spitefully
insisted they should remain in custody until the next
court day which
should be on Monday five days later.
When Advocate Cherry asked Monyera whether Debbie
McCormack could return
to Kennellys to collect clothing and food for her jailed
husband he
merely said "I am not hearing you."
Between them, Godfrey and Fawcett employ some 160 staff
which will leave
approximately 600 persons destitute with the seizure of
the properties.
Not only that, the settlers, the staff and the general
public are highly
disgruntled at the current turn of events. They are incensed because
they do not want the owners expelled to be replaced by
police and CIO.
They are also annoyed that eggs and tomatoes which are in
short supply
have been produced on the farm but up to now have been
left to rot on the
instructions of the police.
Both Godfrey and Fawcett are South African citizens and
their investments
should be covered by the Bilateral Investment Promotion
and Protection
Agreement entered into between Zimbabwe and South Africa
last November.
This Treaty is powerless.
It makes no headway against the conduct of a
renegade and corrupted legal system.
C M JARRETT - CHAIRMAN
SOUTHERN AFRICAN COMMERCIAL FARMERS ALLIANCE - ZIMBABWE
16 July 2010
-------------------------------------------------------------------------------
Posted by
ZDN on July 16, 2010
Zimbabwe
Democracy Now apologises for being unable to produce the Zimbabwe Weekly
Bulletin during the past four weeks.
Politics
South
Africa’s President Jacob Zuma is reported to be increasingly frustrated by
Zimbabwe’s inability to implement the 2008 power-sharing agreement. At the end
of June he wrote a letter to Harare’s feuding leaders in which he firmly set
out the limits of Pretoria’s mediation role in the long-running political
wrangle.
Another
Southern African Development Community (SADC) summit scheduled for August might
be forced to put Zimbabwe on the agenda if President Zuma fails to persuade the
wrangling principals to fully implement the Global Political Agreement (GPA).
Governance
Zimbabwe
Prison Service (ZPS) boss Paradzai Zimondi, one of the country’s top security
commanders, has told his subordinates he will remain in charge of the country’s
jails for as long as President Robert Mugabe is in power.
Police
stood by as scores of rowdy Zanu PF youth militia disturbed the opening of
parliament in Harare on July 13. Clad in party regalia, clutching bottles of
soft drinks and empty alcohol bottles, the youths denounced Prime Minister
Morgan Tsvangirai and his party, the MDC, as President Robert Mugabe inspected
a presidential guard of honour nearby.
Economy
Finance
Minister Tendai Biti said the economy would grow by 5.4 percent this year.
The new figure is lower than the 7.7 percent the government had initially
predicted, although it remains higher than the 2.2 percent expansion predicted
by the IMF. Biti said inflation showed signs of resurgence, reaching 6.1
percent on an annualised basis in May, up from 4.8 percent the previous month,
but was projected to drop to 4.5 percent by year-end.
Zimbabwe’s
entire rail network faces collapse because of neglect, dealing a blow to the
country’s economic recovery efforts, Mike Karakadzai, general manager of the
state-owned National Railways of Zimbabwe, said last week.
Mining /
Diamonds
Zimbabwe
cannot account for US$30 million earned from exports of its controversial
Marange diamonds, Finance Minister Tendai Biti said last month. He noted that
future alluvial diamond mining would have to be done by or through the
government to curb leakages.
After two
days of discussions in Moscow, the International Diamond Manufacturers
Association (IDMA) decided it would uphold the Kimberley Process (KP) compliance
report on Zimbabwe authored by Abbey Chikane, a South African national. Chikane
said the country had met the minimum conditions set by the regulator and could
start gem exports.
IDMA’s
president, Moti Ganz, called on the industry to allow Zimbabwe to export
Marange diamonds to help Harare raise money for economic recovery. However, he
said it must be made clear to the trade that non-KP certified rough diamonds
remain – and must remain – strictly prohibited.
During
early July, the European parliament passed a highly critical resolution
regarding the Mugabe regime’s plundering of diamonds for financial benefit.
Willie
Nagel, founding father of the Kimberley Process, warned that Zimbabwe was not
adhering to the “clean trade” system but said that unless the country was
swiftly bought back into the international fold, it would destabilise the
market by saturating the world with non-approved diamonds.
KP chairman
Boaz Hirsch said delegates at the Tel-Aviv meeting on June 30 had not been able
to reach a consensus on Zimbabwe and were continuing to meet. The United
States, Australia and the European Union reiterated concerns that Zimbabwe had
not met the minimum requirements of the KP.
Human
rights groups have confirmed that abuses continue to take place in the Marange
diamond fields. They cite the massacre of hundreds of illegal diggers and say
soldiers are still engaging in forced labour, torture and harassment.
There are
growing fears that profits from the industry could be used to fund President
Mugabe’s cash-strapped Zanu PF party at the expense of the country’s
rival-in-government, the Movement for Democratic Change.
On July 4
it was reported that President Mugabe and his ministers were preparing to sell
Marange diamonds despite the ban of the sale of the “stolen goods” by the
Kimberley Process Certification Scheme.
According
to Minister of Mines Obert Mpofu there are more than six million carats
“waiting to get into the market” from Zimbabwe.
Centre for
Research and Development director and activist, Farai Maguwu, arrested early
June for allegedly publishing false reports about human rights violations in
the country’s eastern Marange diamond field, was released this week on US$1,500
bail on a High Court order. Maguwu, who became very ill, spent five weeks in
police custody in Mutare and Harare.
Agriculture
At the
International Trade Union Federation Confederation in early July, Gertrude
Hambira, secretary-general of the General Agriculture and Plantation Workers’
Union of Zimbabwe (GAPWUZ), criticised the land reform programme. She said it
had triggered countless barbaric acts and left hundreds of thousands of workers
jobless.
Citing
continued human rights violations and the persecution of trade unionists, she
called for a genuine land reform programme that would bring greater social
justice without violating human rights.
Zanu PF
stalwart and controversial Minister of State for Presidential Affairs in the
President’s Office, Didymus Mutasa, has allegedly threatened to cause the
arrest and detention of police officers who dare to assist besieged white
commercial farmers in reclaiming their properties.
In a twist
of events, two war veteran association leaders appeared in court Friday on
charges of facilitating the return of evicted white commercial farmers to their
farms in the Umguza district of Matabeleland. They are alleged to have
instructed Zanu PF supporters who invaded one of the farms in 2000 to move out.
Bail was granted and their trial was set for July 19.
A white
South African farmer, Mike Odendaal, was wrongfully arrested earlier this month
on charges that he refused to vacate his farm despite holding a court order
barring Zimbabwean land invaders from moving onto his property. Diplomatic
intervention by South Africa’s ambassador in Zimbabwe, Prof Mlungisi Makalima,
finally helped to secure his release.
Police
charged a Zanu PF politician, Temba Mliswa, with defrauding two white farmers
of more than US$20 million worth of property including tractors, vehicles, cows
and bulls in a case that gave a rare glimpse into how members of President
Mugabe’s party looted white farms. This case appeared to be a result of
Mliswa’s public clash with powerful Police Commissioner General Augustine
Chihuri.
Botswana
has placed its health and border personnel on high alert amid fears of an
outbreak of foot and mouth disease in southern Zimbabwe.
New
Constitution
Zanu PF
plans to block any draft constitution that does not reflect the views and
values of the party, a top official has said, signalling more problems ahead
for Zimbabwe’s troubled constitutional reforms. Zanu PF now controls enough
parliamentary seats to block the passage of a new constitution.
Three top
local pro-democracy and human rights groups dispatched 420 people around the
country during the first week of July to monitor the government-led
constitution making process.
The
monitors from the Zimbabwe Peace Project, Zimbabwe Election Support Network and
Zimbabwe Lawyers for Human Rights reported administrative chaos dogging the
constitutional outreach exercise and widespread intimidation, with President
Mugabe’s Zanu PF party instructing villagers what to say during meetings to
gather the public’s views.
Five of the
monitors were arrested by police in Midlands province, barely 48 hours after
the Constitutional Parliamentary Committee (COPAC) leading Zimbabwe’s
constitution reforms assured civil society groups that they were welcome to
monitor the reforms.
Amnesty
International warned early in July of a surge in political violence in Zimbabwe
as President Robert Mugabe’s supporters intensified their campaign to silence
opponents during the outreach exercise.
The MDC-T
launched an audacious rescue mission on July 8 to free a 16-year-old activist
who was abducted by Zanu PF elements in Concession, Mashonaland Central
province. The activist was abducted from Msengezi farm when he was delivering
party material for the outreach to a ward chairman in Zanu PF territory. He
spent almost 12 hours in captivity.
Zanu PF
last week bussed 60 people from Quill farm in Marondera to participate at an
outreach meeting held at a primary school in Mashonaland East, while civil
servants from the school were excluded from the programme.
Speaking on
condition of anonymity, a teacher said: “At the moment there is no freedom of
expression, people cannot risk death so they would rather keep quiet, even it
is something as important as the constitution.”
Silas
Gweshe, the MDC-T Secretary for Mashonaland East Province who has been following
the constitution outreach programme closely, said this week there were
increasing doubts that the draft constitution would truly reflect the views of
Zimbabweans, especially in Mashonaland East where turnout is largely low and
views are expressed on a party position basis. “If civil servants are barred
from participating in such an important national event then we have to rethink
the whole outreach process,” he said.
Elections
Planned new
voters’ rolls that list voters according to polling stations could worsen
electoral violence by making it easier for perpetrators to identify and target
perceived political opponents, the Zimbabwe Election Support Network (ZESN) has
said.
The
current, and highly controversial roll maintained by the Registrar General’s
Office, includes 82 456 people aged between 90 and 100.
Information
and Publicity Minister and Zanu PF political commissar Webster Shamu has
ordered DJs at the Zimbabwe Broadcasting Corporation’s four radio stations and
the two television channels to play Zanu PF propaganda jingles he produced at
least twice an hour per shift. The launch of the jingles is believed to be in
preparation for a possible election next year.
Legal
President
Mugabe has invoked the Presidential Powers (Temporary Measures) Act to stop any
legal action against the Reserve Bank of Zimbabwe (RBZ) after the central bank
was slapped with several lawsuits for failing to pay its creditors.
Seven
alleged coup plotters implicated in then Defence Minister Emmerson Mnangagwa’s
bid to oust President Mugabe in 2007, have been finally cleared of the charges
by the High Court. However, they were not released as they face another charge
of attempting to escape from lawful custody.
Zanu PF
presidential affairs minister, Didymus Mutasa has slammed the police and made
pointed remarks against Police Commissioner General Augustine Chihuri, accusing
him of abusing the penal system to settle personal scores. Mutasa said the
police were harassing his son, Martin Mutasa, and his nephew, Temba Mliswa, a
notorious Zanu PF activist, who are both behind bars for alleged fraud
committed in the acquisition of a vehicle repair company – Noshio Motors.
Eight
University of Zimbabwe student activists appeared before a Harare magistrate on
July 8 on charges of participating in an illegal gathering after a ZINASU
demonstration in March. The students have been on remand since March when they
were arrested at Parliament Building for demonstrating against the abuse of
human rights in the country.
Health
More than a
third of Zimbabwe’s children aged below five are malnourished, according to new
data released last week by the government and the United Nations Food and
Nutrition Council (FNC).
Cases of
malaria recorded in Zimbabwe between February and May this year are more than
three times the number of cases recorded during the same period last year
Education
Zimbabwe’s
once vaunted public education sector remains in a “catastrophic state” and is
short of cash to revamp dilapidated schools or lure back experienced teaching
staff, Education Minister David Coltart said Wednesday.
Media
The Media
Institute of Southern Africa (MISA) Zimbabwe chapter said Thursday it was
concerned that President Mugabe did not mention the Freedom of Information Bill
among the Bills to be discussed in Parliament.
He referred
only to the Media Practitioners Bill which seeks to repeal the part of the
Access to Information and the Protection of Privacy Act (AIPPA) which deals
with the registration of journalists and privacy issues.
Xenophobia
Many
Zimbabweans living in Gauteng province in South Africa have fled their homes as
sporadic incidents of violence have broken out after the country’s successful
staging of the Soccer World Cup.
Reports
from the Johannesburg area indicate that gangs are moving door-to-door robbing
terrified foreigners of household goods like televisions and refrigerators, and
of cash.
Refugee aid
groups warned recently of a possible new wave of xenophobic attacks after the
World Cup.
Tourism
Tourism
group Tourvest’s newest venture, a luxury tented camp in its concession in the
Victoria Falls National Park costing “just over $1 million (R7.6m)” to develop,
has already been fully occupied on several days since its opening on July 6.
The Good
News
The deal to
export wildlife to North Korea has been called off in a move described as good
news for Zimbabwe by wild life conservationists. Efforts are now underway
to urgently raise £18 000 for funding the immediate release of most of the
captured wild animals and care for the two young elephants.
The
International Co-ordinating Council of UNESCO’s Man and the Biosphere Programme
has declared Zimbabwe’s Middle Zambezi Valley a Biosphere Reserve. The
only other Biosphere Reserves in the Southern African region are in South
Africa and Malawi.
Source:
Zimbabwe Democracy Now
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Sokwanele - Enough is Enough -
Zimbabwe
PROMOTING
NON-VIOLENT PRINCIPLES TO ACHIEVE DEMOCRACY
Constitution Outreach: News Round-Up, 12
July - 18 July
Sokwanele : 18 July 2010
The
constitution outreach programme was suspended for the past week to allow
parliamentarians to attend the opening of Parliament on Tuesday last week.These
are media extracts appearing during this week - 12 July -18 July. To review
previous news items, or follow updates daily, please visit the Constitution Resource
page on the Sokwanele website. Please note that links to sources and full
articles are also available on the resource page. These extracts are being
emailed to our subscribers - click
here to sign up for our newsletter, or email info@sokwanele.com with the word
"Subscribe" in the subject line.
12 July 2010 - cont
Constitutional outreach
program breaks for one week
The
countrywide constitutional outreach program has been suspended for a week to
allow parliamentarians to attend the opening of the second session of the
seventh Parliament on Tuesday. President Robert Mugabe will officially open the
session. According to the clerk of parliament, the session is also expected to
facilitate the presentation of the mid term budget review statement by the
Minister of Finance, Tendai Biti, on Wednesday. Our correspondent Simon
Muchemwa told us the COPAC management committee will use the break to carry out
a post mortem of the exercise since it was launched last month [...] The
outreach program is expected to resume on Sunday [Via SW Radio Africa]
Shut your mouth or else
This
article from IRIN highlights intimidation tactics used by Zanu PF youths:
"... for the past two months the members of the youth militia aligned to
President Robert Mugabe's ZANU-PF party - have been warning villagers to either
shut up or support ZANU-PF's view on the new constitution, which includes no
limit on the number of presidential terms that can be served. They have dubbed
their operation "Vhara Muromo", or Shut Your Mouth [...] "I am a
victim of the June 2008 elections and still live in fear," Mukotosi told
IRIN. "Even though we were living in peace following the formation of the
inclusive government [in February 2009, when ZANU-PF and the two factions of
the MDC formed a coalition government], the ghost of violence and fear is returning.
I am not taking any chances; these militia stole and killed my cattle because
they thought I was a member of the MDC, since my son works in Harare [the
capital, an MDC stronghold]. Now I will not participate in the constituti
on-making process because they might kill me and my family this time," he
said [Via IRIN].
Defiant police arrest monitors
Defiant
police on Thursday arrested fivemonitors observing the constitution making
process inspite of an endorsement of the monitors by the Constitution Select
Committee (COPAC).In what appears to be a response to a call by COPAC
co-chairperson Hon. Paul Mangwana to arrest monitors, police in the Midlands
province arrested fiveZimbabwe Lawyers for Human Rights, Zimbabwe Election
Support Network and Zimbabwe Peace Project Independent Constitutional
Monitoring Project (ZZZICOMP) monitors who had been deployed to monitor the
outreach meetings in Chirumanzu area.The fiveKarikoga Ernest Mudzingwa, Farai
Agnes Tete, Rev. Clever Valemi, Isaac Makoni, and Torevei Munhangu were
arrested and detained at Charandura Police Station near St Joseph’s Mission,
Hama area in Chirumhanzu, Midlands province.The police confiscatedthe monitors
mobile phones, noted down their contacts and read messages received and sent
from their cell phones.The police also searched their wallets and took their
national identity cards. This was despite the fact that they had not preferred
any charges against them [Via
ZLHR's 'The Legal Monitor'].
Army officers threatened with dismissal
Army
officers [in Nyanga] last week were threatened with loss of jobs if they do not
back Zanu (PF) ideas and President Robert Mugabe during the ongoing
constitution making process. Addressing army officers at All Arms Battle School
in Nyanga, Army Chief of Staff, Major General Martin Chedondo said all army
officers should support and remain loyal to Zanu (PF) and its leadership.
Chedondo added that Zanu (PF) had monopoly to rule Zimbabwe because it
participated in the war of liberation struggle. Chedondo said any army officers
who supported opposition parties risked dismissal from the army. "I urge
you as army officers to be loyal and rally behind the country's leadership. The
leadership is Zanu (PF), which brought freedom to this country. All of you went
to school because of Zanu (PF) education programmes and you should support it
through and through," said Chedondo, adding "You are all here because
of Zanu (PF)." [Via The
Zimbabwean].
Zimbabwe's ZANU-PF Pledges Nonviolent Constitutional Process,
Amid Skepticism
The
ZANU-PF party of Zimbabwean President Robert Mugabe has declared that it will
not tolerate violence or intimidation in the ongoing public outreach phase of
the country's constitutional revision process, urging its members in a public
statement to behave in an orderly and peaceful manner. ZANU-PF said it is
committed to implementing Article VI of the 2008 Global Political Agreement for
power sharing in Harare by supporting efforts by the parliamentary select
committee on constitutional revision to collect public feedback on what should
be in the country’s new constitution [...] Bhekilizwe Ndlovu of the Union for
Sustainable Democracy told reporter Ntungamili Nkomo that ZANU-PF’s call for
peace is welcome, but he questioned whether the party was sincere in its call
for tolerance [Via VOA News]
COPAC summons Zanu PF official
The
Constitution Parliamentary Select Committee (COPAC) last week summoned a senior
ZANU PF officialand warned him against disrupting outreach activities in the
Chivi area. COPAC co-chairperson Douglas Mwonzora, Chief Fortune Charumbira and
Senator Rorana Dandajena Muchiwa summoned Sanders Magwizi, the ZANU PF District
Coordinating Committee (DCC) chairperson for Chivi District, to a meeting last
Thursday following reports that he was disrupting some constitution making
outreach meetings. After the meeting held at a Masvingo hotel Magwizi refused
to comment about the meeting in which he was reportedly grilled over reports
that he did not want COPAC meetings to be held in Chivi district. Mwonzora
confirmed that the meeting, which lasted almost two hours, was meant to
‘clarify things.’“There was nothing unusual about the meeting we had with Mr
Magwizi. He has promised to cooperate. That is all I can say,” said Mwonzora [Via ZLHR's 'The Legal Monitor']
Activists bid to join COPAC fails
Three
civil society activists have failed in their High Court bid to force the
Parliament-led Constitution Select Committee (COPAC) to include them in the
on-going constitution writing process. A judgment delivered in Bulawayo by
Justice Nicholas Ndou, dismissed the application against COPAC, which alleged
unlawful termination of “quasi-employment contractual relationship”, lodged by
Qhubani Moyo, Mqondisi Moyo and Phathisani Nondo. The three are members of a
civil society organisation known as Ibhetshu LikaZulu, a pressure group
advocating for equitable development of all parts of Zimbabwe. Sindiso
Mazibisa, the lawyer representing the three activists told the media last
Friday that the Court had dismissed the case with costs. COPAC said: “The
Constitution Select Committee (COPAC ) would like to advise the public that the
application by Qhubani Moyo et al was dismissed with costs. COPAC would like to
advise members of the public that the said litigants are not members of COPAC
constitution outreach teams and may not carry out and work with this capacity.”
[Via The Zimbabwean]
‘Waiting For The
Constitution’ more popular than COPAC
The
play, ‘Waiting For The Constitution’ appears to be doing a better job than the
real constitution outreach teams. The play has become more popular than the
actual teams. Villagers continue to mistake it for the COPAC outreach teams.
Whereas the outreach team meetings are full of tension and fear, ‘Waiting For
The Constitution’ has no hassles with the people. The people feel so free that
they open their hearts to the actors - telling them that they wished they were
the ones collecting their views. They said they liked the play because it was
coming to the people unlike COPAC teams, which were asking people to gather at
certain venues where they could not go because they were being watched [...]
One headman told the organisers of the play that although the people did not
know what talking points were, they knew what they wanted. Yet Zanu (PF)
continues to believe that silencing or suppressing all voices of dissent is the
way to go [...] What the people know and what Zanu (PF) cannot stop -
fortunately - is that they know they have the power for a ‘NO’ vote if they are
prevented from speaking out during the constitutional process [Via The Zimbabwean].
Rapporteur axed from outreach program for stealing audio
recorder
A
rapporteur appointed as part of the constitutional outreach program has been
dismissed from the exercise, after he allegedly stole an audio recorder on
Friday in Mutare. 23 year-old Vivian Tapfumaneyi, who was part of ZANU PF’s
choice of rapporteurs, was immediately axed from the program after he stole a
recorder and hid it under a car seat. The incident happened during a
consultative meeting at a place called ‘tennis courts’ in Mutare central.
Tapfumaneyi was working in team five of the outreach program in Manicaland
[...] Senator Cephas Makhuyana, the co-team leader said it appears the motive
behind the theft was that Tapfumaneyi didn’t want certain views from other
people, perceived to be MDC supporters, captured on the recorder. “When it was
realised that an audio recorder was missing, we brought in the police who
conducted body searches on everyone present. When they failed to find the
recorder, the police turned their attention to vehicles parked at the venue.
Afte r a thorough search of the vehicles the recorder was discovered hidden
under a seat,” Makhuyana said [Via
SW Radio Africa].
13 July 2010
Activist threatened with death
In
Mashonaland East, the MDC vice chairperson for Murehwa North district and a
Zimrights activist, Ranganai Shonhiwa was on June 27 abducted by three State
security agents. Shonhiwa was kept at a secret location for two days before she
was released and told not to tell anyone. She said she was approached by the
men at her house and was shown a Zimrights ID before they asked her to
accompany them to Zhombe claiming they there were cases of human rights abuse
that needed urgent attention. When she indicated that she could not go with
them they forced her into their car and drove off. She said that on their way
to Murehwa centre, they blindfolded her and took her to a farm house where they
kept her two nights. During her abduction she was told not to attend any
Constitution-making meetings or she would be killed. Shonhiwa said after two
days the men drove her back to Murehwa before dumping her near her home [Via MDC Today - 13 July 2010].
Hurungwe villagers terrorised by CIO over Kariba draft
Members of the dreaded Central Intelligence Organisation (CIO) are terrorizing
villagers in Kariba, dismantling tobacco growing groups, threatening them to
surrender their patronage to the Movement for Democratic Change immediately and
at the same time dictatorially coaching the few selected what to say in the
Constitution view-gathering process [...] Villagers in Chief Chundu’s area said
they were living in fear and wish the constitution making process would not
come in their area. They said a well known CIO identified as Chiveya stationed
in Karoi was leading a terror team in the entire Hurungwe district including
Chief Chundu’s area where he was threatening villagers with unspecified actions
if they defy his orders. “Chiveya is approaching suspected MDC supporters whom
he is telling that he has their names which he got from MDC offices in Karoi
and forcing them (MDC supporters) to name their party members in the area. He
is moving with a number of other unidentified men wh o are threatening us.” The
group [are accompanied by[ Zanu PF supporters whom they have ‘taught’ what to
say during the COPAC outreach programme. "These people are not locals and
we do not know them but we are told they are the ones to speak on our behalf,”
said villagers of Chitindiva in Chief Chundu’s area [Via ZimEye]
Property: Your Constitutional right
Social
and political commentator Rejoice Ngwenya believes that the right to property
ownership should be enshrined in Zimbabwe’s new Constitution. He writes:
"Property ownership – whether it is land, trademarks, brand names,
patents, and works of art or literature – needs title in order to realise real
market value. Ownership is not just a historical fact of life, but also a right
whose spinoffs go well beyond the individual. It is about self-confidence,
wealth creation, identity, legacy, inheritance and economic growth. Make
property rights part of the Zimbabwe Constitution today. Let’s go down in
history as being the first country in developing Africa to enshrine private
property in the Bill of Rights. If you do not agree with my ideology, let’s
talk about it!" [Via
Kubatana]
Abducted activists beaten by State security agents
Two
MDC activists Lovemore and Passmore Nyamana who were abducted by State security
agent on Sunday were found in Mutare yesterday. The two brothers were found
after being dumped in Mutare town in the early hours of Monday morning. Both
were severely assaulted by their abductors who said they had been too vocal
during the Constitution-making outreach meeting that was held at Madanga
business centre on 28 June. The two have made a report at Gutaurare police
station and they are receiving treatment for injuries in Mutare. One of the
abductors has been identified as Major Mapuranga. Lovemore is the MDC Ward 36
chairperson while his brother, Passmore is a committee member [Via MDC Today - 13 July 2010].
Copac completely useless ... Dr Madhuku
National
Chairperson of the National Constitutional Assembly (NCA) Dr Lovemore Madhuku
has dismissed the ongoing constitutional reform process being undertaken by the
Consitutionla Parliamentary Select Committee (COPAC) of parliament as complete
loss of time and resources[...] Dr Madhuku said that COPAC was wasting
resources which could be used for the development of the nation while engaging
in their useless process which has already been marred by logistical problems.
"What the COPAC is doing can only be described as completely useless and
nothing else basing from the reports we have been getting from the outreach
exercise. The writing of a country’s constitution is a very important process
and that can only be achieved through an all inclusive process and led by an
independent commission and not the politicians of the day,” said Dr
Madhuku.Madhuku maintained the NCA’s position to challenge the outcome of the
process and added , “As the NCA we will continue providing civ ic education to
the people of Zimbabwe about what constitutionalism is all about”. The NCA
leader further stated that events have clearly shown that COPAC has failed the
first test (process) adding that the NCA was now waiting to see whether COPAC
will pass the next test which would be the content of the final draft. “These
guys (COPAC) have completely failed the first test. As NCA we are eagerly
waiting to scrutinise the final draft, which we firmly believe will be a flawed
document,” said Dr Madhuku [Via
The Zimbabwean].
Inclusion of minority languages in constitution takes centre
stage
Issues
related to gay rights, devolution of power and the inclusion of all minority languages
as official languages in the new constitution took centre stage at an outreach
hearing in Victoria Falls yesterday. At an outreach meeting held at the
Victoria Falls Municipality chambers, residents said minority languages like
Tonga, Nambya, Dombe and Lubale should be enshrined in the constitution as
official languages of Zimbabwe. “For example Matabeleland provinces are rich
with different languages like Tonga and Nambya but unfortunately our children
are forced to learn Ndebele. The same situation is found in other provinces
where pupils are taught Shona while English is considered the national
language. We ask for the inclusion of these so-called minority languages in
primary schools,” said one participant [Via
The Chronicle - state-controlled media].
14 July 2010
ZANU threatens to block constitution
President
Robert Mugabe’s ZANU PF party will block any draft constitution that does not
reflect the views and values of the party, a top official has said, signaling
more problems ahead for Zimbabwe’s troubled constitutional reforms. Mugabe’s
party, which controls enough parliamentary seats to block passage of a new
constitution, has previously demanded that a proposed new governance charter
must be based on the controversial Kariba draft constitution. ZANU PF deputy
legal affairs secretary Patrick Chinamasa – who neither mentioned the Kariba
draft nor his party’s ability to block in Parliament a new constitution it did
not like -- said Mugabe’s party would campaign against a draft that does not
reflect its views in a referendum on the new constitution expected early next
year. Chinamasa said ZANU PF [...] was mobilising its supporters to back the
party’s position during an ongoing exercise to gather public views on the new
charter. “We are going to the people saying, no g ay rights in the (new)
constitution. People understand that… we are going for a referendum…. if the
outcome does not faithfully reflect what the people have said, you can be sure
that ZANU PF will say no,” said Chinamasa [Via
ZimOnline]
Extract from President’s speech at official opening of the
parliament
Extract
from Robert Mugabe's speech in relation to the constitutional process: "We
are now at the critical stage where outreach teams are traversing our country,
collecting the people's views for inclusion in the new Constitution. It is,
indeed, important that the Outreach Programme ensures that we emerge with a
Constitution, which is genuinely Zimbabwean in letter and spirit". Full
speech available via The Chronicle [Via
The Chronicle - state-controlled media].
‘Constitution must meet national values’
This
Herald article makes no reference to Chinamasa's worrying words reported in
ZimOnline on the same day: Addressing journalists on Monday, Minister Chinamasa
said the reason the Lancaster House Constitution was amended several times in
30 years was because the document was crafted to transfer power and not to meet
national aspirations and values [...] "The constitution must serve
Zimbabwean interests," Minister Chinamasa said. He added: "Everyone
is writing the constitution through contributions at Copac meetings on what
they want to be included in the supreme document. The process is
all-encompassing and it is not a prerogative of a few." [...] Minister
Chinamasa slammed the media for fuelling conflict while doing little to inform
the public on the ongoing constitution-making process. He said his party,
Zanu-PF, promoted the interests of the people and would abide by the people’s
decision [Via The Herald -
state-controlled media]
‘Challenging Zimbabwe’s
Bloated Executive’ – RAU
The
Research and Advocacy Unit have issued a report challenging the current number
of Minister as unconstitutional: "Once 15 ZANU PF nominated Ministers, 13
MDC-T nominated Ministers and 3 MDC-M Ministers had entered into office, the
constitutional quota of 15 ZANU PF, 13 MDC-T and 3 MDC-M Ministers (31 Minister
in total) appeared to have been filled. The basis upon which 10 additional
Ministers (referred to in what follows as “the extra Ministers”) were sworn in
thus becomes questionable. These 10 Ministers were John Nkomo, Gibson Sibanda,
Saviour Kasukuwere, Joseph Made, Walter Mzembi, Flora Bhuka, Slyvester Nguni,
Henry Madzorera, Giles Mutswekwa and Sekai Holland. Until recently, no formal
objection appears to have been raised in any quarter about these questionable
appointments. On the 7th May, 2010, however, one Moven Kufa (describing himself
as a Zimbabwean citizen and civil society activist) and the Voice for Democracy
Trust (which has amongst its objects the promo tion of democracy in Zimbabwe)
filed papers in the High Court challenging the constitutionality of the
appointment of the extra Ministers." [Via
This is Zimbabwe].
A case to watch and a name to remember: Moven Kufa
A
comment in response to the RAU's report highlighting the fact that more
Ministers were sworn in than the constitution allows for, this blogger writes:
"Zimbabweans [...] can be forgiven for wondering whether, when we do have
this new constitution (assuming it’s one we want), the parties will uphold it
and respect it!" [Via
This is Zimbabwe]
Zimbabwe Parliamentary Committee Says Constitutional Outreach
Running Smoothly
The select committee of the Zimbabwean parliament responsible for overhauling
the country's constitution said on Wednesday that the public outreach phase of
the exercise, troubled initially by disorganization and reported political
intimidation especially in rural areas, is now going well with more than 1,000
meetings successfully held. But non-governmental organizations monitoring the
process said intimidation and violence continue to cast a shadow over the
process, discouraging participation in politically contested provincial and
rural areas. Committee co-chairman Edward Mkhosi said outreach teams have held
930 meetings nationwide involving some 153,000 people - 42 percent men, 41
percent women, and 15 percent youths. Queried about reports of violence or
intimidation in certain parts of the country, Mkhosi said his committee regards
such reports as rumor and has not yet ascertained the facts [Via VOA News].
15 July 2010
MDC-T slams alleged
harassment
MDC-T
MPs have condemned the alleged harassment of participants in the constitution
outreach process by soldiers, Central Intelligence Organisation officers and
known Zanu PF activists. In a caucus meeting held yesterday at Harvest House
and chaired by the party’s organising secretary, Elias Mudzuri, the legislators
complained that there was a lot of intimidation taking place around the
country, mainly in Mashonaland East, Mutare and Masvingo during the
constitution outreach process. “The meeting was basically about the deliverance
of a new message within the party that we should remain united and move together
as far as the constitution process was concerned. A lot of complaints were
raised by MPs in the meeting and one of them was on people trying to interfere
with the process, some of them known to have been very active in the areas in
as far as violence is concerned. MPs complained that the CIO were attending
some of the meetings, instilling fear in participants to fre ely express their
views. Soldiers, particularly in Mutare, were said to be harassing people and
chiefs were intimidating people in Masvingo,” said the source [Via The Zimbabwe Independent].
Chiweshe bars COPAC debates on ZBC radio stations
The
country’s sole state controlled Broadcaster The Zimbabwe Broadcasting
Corporation has banned Constitution-making debates from all its radio stations,
with the ZBC’s senior bosses calling the inclusive government “a theoretical
thing which exists only on paper”. Sources at the broadcasting station’s
Highlands studios said the embargo came last week when one presenter of Spot
FM(formerly radio1), invited for one hour into Constitution making program a
critical analyst who opposed the Kariba draft. They said last week the
company’s Radio and programming General Manager visited all radio substations
and threatened with dismissal anyone who would invite people on radio for
constitution making discussions. “During his visit at our station Allan
Chiweshe told us that he was aware of MDC-T symphasers among us, and warned
anyone caught on the wrong side of his directive that he or she risks dismissal
[Via Zim Eye].
Outreach: MPs bid to make quick buck backfires
THE
Constitution Parliamentary Committee (Copac) has refused to pay MPs who hired
out Reserve Bank of Zimbabwe-loaned cars for the outreach programme, forcing
the withdrawal of the vehicles from the process. MPs and senators had hoped to
cash in on the outreach programme, but Copac co-chairperson Douglas Mwonzora
told the Zimbabwe Independent on Wednesday that only lawmakers who provided
their personal cars had been paid. The legislators hired out the vehicles for
the ongoing outreach programme despite warnings that they would not receive a
cent for the service since the cars legally belonged to the RBZ. Mwonzora said
other legislators who provided their own cars were paid last week. "The money
for the cars will not go to the MPs because the vehicles belong to the Reserve
Bank,” Mwonzora said. “CMED (Central Mechanical Equipment Department) is
handling the matter and I doubt whether the legislators who had hired the
central bank vehicles were paid. However, those who had u sed their personal
vehicles received payment.” The Copac co-chairman described as criminal the
move by the MPs to hire out vehicles that did not belong to them. [Via The Zimbabwe Independent]
Zanu PF activists
besiege roadshow on constitution
A
group of ZANU PF activists ransacked a road show organized by the Centre for
Community Development in Zimbabwe (CCDZ) at Mutawatawa Growth Point in Uzumba
Maramba Pfungwe yesterday. The activists ordered participants to leave the venue
of the road show because they said the road show had not been authorized by the
party leadership in the area. Only a few brave participants remained at the
venue of the road show to listen to speeches by CCDZ director Phillip Pasirayi,
Programmes Officer Tsungai Vere and ZINASU President Obert Masaraure. Some of
the ZANU PF youths who were chasing away participants were riding motorbikes.
The activists were asking people to leave the road show and not to listen to
NGOs which they claimed are fronting the regime change agenda. The people who
had accepted CCDZ t-shirts and leaflets were asked to return the materials [Via Nehanda Radio]
Copac process a circus: Madhuku
The
Zimbabwe Independent contains extracts from a debate between Minister of
Justice Patrick Chinamasa, Constitution Parliamentary Committee (Copac)
spokesperson Jessie Majome, and National Constitutional Assembly chairman
Lovemore Madhuku: "This week, main actors in Zimbabwe’s constitutional
discussion, Minister of Justice Patrick Chinamasa, Constitution Parliamentary
Committee (Copac) spokesperson Jessie Majome, and National Constitutional
Assembly chairman Lovemore Madhuku met for a public debate in the capital to
defend their positions. First on the podium was Chinamasa who defended Zanu PF’s
insistence on using the Kariba Draft as a basis for the new constitution.
Madhuku, a fierce critic of Copac, described the whole process as useless.
Jessie Majome, a member of Copac’s media committee, defended the process as
imperfect but necessary" [Via
The Zimbabwe Independent].
Constitution: Political parties’ views set to prevail
As
the constitution outreach programme gains momentum, analysts say the new
constitution which will be put to a referendum will be determined more by
political parties in the inclusive government than ordinary Zimbabweans. The
analysts said clauses in the global political agreement empower parliament to
reject, amend or adopt the draft constitution with or without amendments.
Article VI reads: “The draft constitution and accompanying report shall be
tabled before parliament within one month of the second all stakeholders’
conference and the draft constitution emerging from parliament shall be
gazetted before holding a referendum.” After an affirmative referendum, the
draft constitution shall be introduced in parliament no later than one month
after the expiration of the period of 30 days from the date of its
gazetting" African Reform Institute executive director Trevor Maisiri
said: “So the parliamentarians who are obviously the driving force of the
current outreach will o nce again have an opportunity to check the draft
document after the second stakeholders meeting. This is ironic because how can
the very people driving a process check a document before it goes to
referendum. He added: “What is the special interest for parliamentarians to
check the document and debate it before it goes to referendum? Again I wonder
what will happen with the MDC-T and Zanu PF in parliament at this stage given
their divided desires for the constitutional provisions. In the end what we are
likely to experience are dramatic scenes of political contestations across the
political divide for a constitution of their choice.” [Via The Zimbabwe Independent]
Few participants attend outreach meetings Matabeleland
Concern
has been raised by the Constitution Parliamentary Committee (COPAC) over the
low turnout of participants at outreach meetings in the two Matebeleland
provinces. Out of 1000 meetings held so far countrywide, Matebeleland North and
South provinces have only held 73 and 78 meetings, compared to the Midlands
province which has held 158. According to Prime Minister Morgan Tsvangirai’s
weekly newsletter, COPAC co-chairperson Edward Mkhosi told journalists they
were worried by the low figures of participants attending the consultative
meetings [...] Despite Manicaland attracting many participants to its outreach
programs, the province is still grappling with incidents of violence and
intimidations. Provincial spokesman for the MDC-T, Pishai Muchauraya, told us
ZANU PF has not only re-established torture bases, but has also armed its
militia members and war veterans. ‘It’s not a sign of good things to come.
Violence must be condemned at all costs but we are seeing more and more cases
where the police are taking orders from ZANU PF to crackdown on MDC supporters.
In Rusape for instance, the District Administrator who is also a ZANU PF
loyalist, is helping police to flush out MDC activists who on Wednesday
demonstrated against moves by Chombo (local government minister) to impose a
commission to take over council affairs at Rusape district council,’ Muchauraya
said. Despite supporters from both ZANU PF and the MDC-T clashing during the
protest, only MDC-T supporters were arrested by the police [Via SW Radio Africa].
16 July 2010
Assess risk of home
return: Khupe
Deputy
Prime Minister Thokozani Khupe has said Zimbabweans who left the country at the
height of its social and economic strife in the last decade should carry out
their own ‘risk assessments’ before deciding to return home [...] "I am
not going to say you come home, but encourage you to make your own assessment
of when it would be ideal for you to come home," she said to applause from
the audience [...] Still, Khupe said she was confident progress would be made
in drafting a new constitution and implementing other political reforms.
"You have to understand that where ever you build, someone will try to
destroy. Where ever you put light, someone seeks to put darkness. (But) we must
not allow these to distract us from the progress we need as Zimbabweans,"
she said [Via New Zimbabwe].
The fox guarding chickens
Comment
by Alois Masepe: The current road shows being conducted by the COPAC fall far
short of constituting a clarion call to the country’s best sons and daughters
to be full participants and partakers. We have partisan participation across
the political divide with party youth and adherents going around “coaching” the
masses on what to say to COPAC. The middle class — the natural reservoir of
knowledge and experience of any country — remains largely unaffected,
uninterested and unconvinced and have adopted the role of touch-line observers.
In my view, the current exercise will produce a hybrid constitutional framework
representing the wishes of ZANU-PF to retain power on the basis of dictatorship
and the wishes of MDCs to assume power on the basis of multi partyism — more of
the same of the GPA scenario. The nation must wait a bit longer for a truly
democratic constitution given the fact that the old order is yet to come to
terms with the need for democratic reform [V
ia The Financial Gazette].
Zanu (PF) Supporters Clamour For Death Penalty
Supporters
of President Robert Mugabe’s Zanu (PF) party want the death sentence to be
retained in the new constitution. Zanu (PF) supporters made their point known
during an outreach programme that the death penalty must be retained saying
those who did not value human life should not be allowed to live as well. The
outreach programme was at Rujeko Primary School in Dangamvura, Mutare’s second
largest high density suburb. "The death sentence should be retained in our
new constitution. If I do not respect someone's life then why my life should be
respected? I cannot take an axe and then kill someone and expect my life to be
respected too. I must definitely be killed too," said a known Zanu (PF)
supporter in Dangamvura [...] If the right to life is enshrined in the
constitution, then the death sentence should be scrapped, as it violates the
same constitution," another resident said, but was heckled down and
immediately took his seat" [Via
RadioVop]
Zimbabwe's Constitutional Revision Public Outreach Process to
Resume Monday
The
public outreach phase of Zimbabwe's constitutional revision process will resume
on Monday following a break of one week for the reopening of Parliament, and
outreach teams will be distributing a new set of talking points to sharpen
translations into the country's two main indigenous Shona and Ndebele
languages. In the version circulated when the outreach campaign started in
mid-June, for example, the phrase “the arms of government” was rendered in
Ndebele as “the weapons of government,” confusing many Zimbabweans [...]
Co-Chairman Douglas Mwonzora said that his committee has used the week-long
break to make sure outreach teams have adequate equipment - logistical and
technical issues plagued the early stages of the effort. Elsewhere, police in
the Goromonzi South constituency of Mashonaland East province disrupted a
meeting Friday in Ruwa organized by the Youth Agenda Trust to encourage youths
to take part in the outreach process, saying the gathering had not been sanc
tioned by authorities, this despite suspension of public meeting restrictions [Via VOA News]
Youths opt out of constitution outreach
Surveys
conducted in some parts of the country indicate that youths are not taking part
in the consultative process for various reasons, which range from lack of
information to alleged political intimidation and violence. Reports of citizens
being coached by ZANU-PF and the two formations of the Movement for Democratic
Change (MDC) continue to filter from across the country, incidents analysts say
discouraged the youths from participating in the choreographed process.
Statistics released by the Constitution Parliamentary Committee (COPAC) rev-eal
poor turnout for people between the age of 18 and 35 at meetings convened so
far in the country’s 10 political provinces. Douglas Mwonzora (MDC-T),
Munyaradzi Paul Mangwana (ZANU-PF), and Edward Mkhosi (MDC-M), the three
co-chairpersons of COPAC, attribute the youth apathy to what they said was an
apparent disinterest by the youths and school-leavers [Via The Financial Gazette].
Title deeds make land bankable
Comment
via NewsDay: Zanu PF MPs are angry with Finance minister Tendai Biti for
suggesting that resettled farmers need title deeds to ensure their land can be
used as tradable security. [Biti said] “Governments, especially this
government, have no capacity to adequately finance agriculture. If we say that
we want to develop this economy through agriculture, then we need banks to come
in and finance agriculture. 99-year leases are not enough. We need titled
security.” [...] Biti is right after all that government should expedite
interventions to overcome the challenges related to absence of a land tenure
system which guarantees entitlement to land. [...] Therefore, without title
deeds or securitised 99-year leases recognised in a Constitution and in an Act
of Parliament, land in Zimbabwe will remain as dead capital [...] The
disapproval by Zanu PF MPs to the proposals is solely for selfish gains by
‘chefs’ who after vandalising the farms that they resettled themselves on, have
continued to hop from one property to another in search of well-maintained and
fully utilised properties [Via
NewsDay]
Exiles in SA speak out
The
majority of Zimbabweans living in South Africa are looking forward to a
constitution that will limit the Presidential term as well as ensure that the
state media, judiciary, police, army and other government organs do not become
puppets of a single political party. Scores of people who spoke to The
Zimbabwean said they would only consider returning home to vote when such a
constitution had been put in place. “History has taught us that we have to
limit the term of the President,” said a 25-year old youth who refused to be
named. “We do not want to create another monster. It is no longer a question of
making sure that Mugabe must go. Whoever replaces him should not be allowed to
have unlimited terms because we can see the results of such a policy,” he
added. Tawanda Chitongo, who comes from Masvingo, echoed the same sentiments
and pointed out that reduced Presidential terms had become the norm worldwide [Via The Zimbabwean].
17 July 2010
Youths tasked to
maintain Zanu-PF political dominance
ZANU-PF’s
Youth League should ensure that the party maintains its dominance in national
politics, an official has said. Addressing the Zanu-PF national youth executive
in Harare yesterday, national secretary for youth Cde Absolom Sikhosana said
provincial, district, village and cell structures must be robust. "We have
a challenge, individually and collectively, to ensure that Zanu-PF maintains
its dominance as a dynamic governing party capable of defending the legacy and
gains of the liberation struggle, and of realising the aspirations of the
people of Zimbabwe. The youth have no choice but to be equal to the task.
Always bear in mind that Zanu-PF is supreme and must — and will — remain in
power," he said [...] Cde Sikhosana said the party’s younger members
should be educated on the reasons behind the liberation struggle. "Tell
them that the liberation struggle was waged to politically and economically
free the nation and acquire sovereign authority over everything under its
control," he said. He urged youths to actively participate in the writing
of a new constitution [Via
The Herald - state-controlled media].
18 July 2010
No gay voice in new Zimbabwe constitution: Mugabe
Zimbabwe
President Robert Mugabe said the country will not listen to those who want gay
rights to be mentioned in a draft of the new constitution, state media reported
on Sunday. "We say no to gay rights, We will not listen to those
advocating for their rights in the new constitution," said Mugabe while
addressing an Apostolic Church gathering in the country's eastern Marange
district [...] Homosexuality is illegal in Zimbabwe and the Gays and Lesbians
of Zimbabwe (GALZ) association suffers police harassment. Two GALZ employees
are currently facing charges of breaching censorship laws after a pornographic
video disc and booklets were allegedly found in their offices during a police
raid in May. Neighbouring South Africa is the only nation in southern Africa
that gives equal rights to gays. In Malawi, a couple was jailed in December
after holding the country's first same-sex wedding and they were later pardoned
by President Bingu Wa Mutarika following global condemnation [< em>Via
AFP].
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BILL WATCH 29/2010
[18th July 2010]
The House of Assembly has adjourned until 5th October,
the Senate until 12th October
Last Week in Parliament
On Tuesday
·
The
President opened the Third Session of the Seventh Parliament. [See
Bill Watch 28 for highlights of the President’s speech, and details of the
legislative agenda he announced for the new Session.]
·
The
Speaker announced that all Parliamentary committees remain the same, except for
a new member for the Parliamentary Legal Committee [PLC] and new chairpersons
for three portfolio committees. [See further below.]
On Wednesday
·
Minister
of Finance Tendai Biti presented his Mid-Term Fiscal Policy Review Statement
and also tabled Amended Estimates of Expenditure for 2010.
·
Both
Houses approved motions suspending various Standing Orders to permit the
fast-tracking of the two Bills needed to give effect to the Fiscal Policy
Review and Amended Estimates of Expenditure.
On Thursday
·
The
House of Assembly debated the Fiscal Policy Review, approved the amended
Estimates of Expenditure and passed both Bills without amendment.
·
Two
Bills were passed – the Finance Bill,
to give effect to the Minister’s taxation and revenue proposals, and the Appropriation
(2010) Amendment Bill, to give effect to the approved Estimates of
Expenditure. [See below for highlights of the Fiscal
Policy Review Statement.]
·
The
House then adjourned until Tuesday 5th October, leaving the Senate to deal with
the Bills on Friday.
On Friday
·
The Senate,
which had met for only a few minutes on Wednesday and Thursday, passed both
Bills without amendment. [The next step is for these two Bills to be
sent to the President for his assent before they can be gazetted and become law
as Acts.]
·
The
Senate then adjourned until Tuesday 12th October.
Amended Estimates of Expenditure for 2010
The Minister stressed that he was not presenting a
supplementary Budget or supplementary Estimates of Expenditure – he was merely
proposing adjustments and re-alignments in certain Ministry votes, with no
change to the original budget of an overall revenue and expenditure [of
US$2.25 billion for 2010]. So the estimates he tabled are entitled the Amended
Estimates of Expenditure for the Year ending 31st December 2010. Amounts
allocated to Ministries in the Amended Estimates have either increased slightly
or remained the same. This is because, although there are cuts in
expenditure on programmes financed from international aid grants through the
Vote of Credit [from US$810 million to $500 million] this is counterbalanced by
the improvement in tax revenue collections which is expected to continue.
Highlights of Fiscal Policy Review
[Full text available – but please note that it is a 1.2MB pdf document]
Essentials for economic growth:
·
A reiteration that
the rule of law, restoration of basic freedoms and democracy are a
necessary precondition for sustained economic recovery, making it “imperative”
that there be implementation of agreed positions in the GPA around issues of
the rule of law, the Constitution, security of persons and prevention of
violence, and on freedom of expression and communication.
·
Recognition that
without title deeds or secure 99-year leases recognised in the
Constitution and in Acts of Parliament, land will remain “dead capital” and
significant growth in
·
Acknowledgment of
concerns raised on the “inflexibility” of current labour laws, resulting
in unsustainable salary and wage obligations, and necessitating a review of
labour laws within the context of the Social Contract.
Performance in first half year:
·
Downward revision of
estimated GDP growth for the year from
the original 7% to 5.4%
·
Improved economic
activity has resulted in increased tax revenue collections, with a
projected increase for the year of $300 million.
·
The “under-performance”
of the Vote of Credit, i.e., limited cooperating partner support for mostly
infrastructure and social protection programmes in health, education and rural
development,. This has resulted in Government’s being unable to undertake
some programmes, including Public Sector Investment projects and provision of
certain social services in the health and education sectors.
·
A projected increase
in inflation, with the year-on-year rate having risen to 6.1% in May and
the rate for the year revised to 4.5%.
Measures proposed:
·
No pay rise for civil
servants or MPs, but a slight rise in the income
tax tax-free threshold, from US$160 to US$175, will enhance take-home
pay.
·
Suspension of customs
duties on essential commodities will continue
to the end of 2010, with the exception of a few commodities now being produced
in sufficient quantities by local industry.
·
Capital gains tax
reduction on unlisted securities.
·
Removal of customs
duty on items related to solar energy – solar panels,
inverters, etc. with effect from 1st August.
·
Royalties on precious
metals will go up from 3.5% to 4% with effect from 1st
October.
·
Export tax on chrome
ore and fines will increase to 20% with effect from 1st
August.
·
A “tax amnesty” for some corporate bodies, details to be spelled out later in
regulations.
Planned:
·
Importation of
smaller denomination foreign currency to facilitate the notes and coins, to relieve problems experienced in
cash transactions.
·
Enhancement of
Government revenue from diamond mining, to be achieved by a proposed Diamonds Act and amendments to the
Zimbabwe Mining Development Corporation Act.
Changes to Parliamentary Committees
The Prime Minister’s reshuffle of MDC-T Ministers and
Deputy Ministers included the appointment of back-benchers to Ministerial and
Deputy Ministerial posts. This in turn necessitated changes to membership
and chairing of four Parliamentary Committees because Ministers and Deputy
Ministers cannot serve on Parliamentary committees. The changes are as
follows:
Parliamentary Legal Committee: Hon Innocent Gonese MDC-T is the new member of
the PLC, replacing Hon Senator Obert Gutu who is now the Deputy Minister of
Justice and Legal Affairs. The PLC will choose its own chairperson.
Public Accounts Committee: Hon.
Webber Chinyadza of MDC-T is the new chairperson, replacing Hon Tapiwa
Mashakada who is now Minister of Economic Planning and Investment Promotion.
Portfolio Committee on Justice, Legal and
Parliamentary Affairs:
Hon Douglas Mwonzora of MDC-T is the new chairperson, replacing Hon Tongai
Matutu who is now Deputy Minister of Youth, Indigenisation & Empowerment.
Portfolio Committee on Media, Information and
Publicity: Hon S. Moyo of MDC-T is the new
chairperson, replacing Hon Gift Chimanikire who is now Deputy Minister of Mines
and Mining Development.
Update on Legislation
No
Bills or statutory instruments were gazetted last week.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied.
_______________________________________________
Bill-Watch mailing list
Bill-Watch@veritas.co.zw
http://mail.veritas.co.zw/mailman/listinfo/bill-watch
HARARE, 16 July 2010 (IRIN) - Tinashe, a single mother of
three living in Mbare township in Harare, the Zimbabwean capital, regularly
misses a meal so as to stretch her US$90 a month income, and occasionally gives
her children food left over from her employers' meals at the middle-class
household where she is a domestic worker.
"My children
are at the stage when they should be growing tall, but that is not the case -
they are underweight," said Tinashe, who did not want her surname used.
Her wages pay the rent and the school fees, but there is never enough money to
put regular meals on the table, she told IRIN.
Many households
endure the same experience. "Nearly 12,000 child deaths each year may be attributable
to maternal and child under-nutrition", the latest Zimbabwe Food and
National Nutrition Survey noted.
The survey was
produced by the UN Children's Agency (UNICEF), the UN World Food Programme
(WFP), the UN Food and Agriculture Organisation (FAO), the British government's
Department for International Development (DFID), the Swedish International
Development Cooperation Agency (SIDA), the International Organisation for
Migration (IOM), and Helen Keller International, which works to prevent malnutrition
and blindness.
"The
prevalence of chronic malnutrition is now 33.8 percent and, according to World
Health Organisation standards, that means one in every three children is
chronically malnourished - a significant public health threat," said George
Kembo, director of the Zimbabwe Food and Nutrition Council. "Only 8.4
percent of children under two years - meaning one in 10 children - is receiving
a diet that is minimally acceptable."
UNICEF's country
representative, Peter Salama, said in terms of the survey more than a third of
Zimbabwe's children under the age of five were chronically malnourished and
consequently suffering from stunted growth. Children in rural areas were found
to be more affected by malnutrition than those living in urban areas.
"The data
emerging from the survey provides irrefutable evidence of the magnitude of the
problem of malnutrition in Zimbabwe. These levels of malnutrition are
unacceptably high. They represent not only a challenge to reaching our
development goals, but will also constrain economic growth," he said.
The survey did not
expect the country to attain the Millennium Development Goals (MDGs), set by
the UN, of eradicating extreme poverty and hunger, and reducing child
mortality, unless the prevailing situation changed.
A range of factors
contributed to malnutrition. "Exclusive breastfeeding is considered the
cornerstone of child survival and development. If universally practised by over
80 percent of the population, it can result in 13 percent reduction of under
five mortality," Kembo said.
Harare's
sanitation woes remain a vexed issue. In recent years poor maintenance of the
sewerage and water reticulation systems, and unaffordable water purifying
chemicals, have been blamed for outbreaks of cholera, a waterborne disease,
that have claimed the lives of thousands of people.
Residents have
consistently complained that they were charged for water that was either not
delivered or unsafe to drink, and have subsequently refused to pay their water
bills.
The mayor of
Harare, Muchadeyi Masunda, told IRIN the city would be forced to disconnect
water supplies for non-payment of bills, because there was "nothing for
nothing".
It is a circular
argument. Masunda said residents had to settle their accounts, so the city
could purchase water treatment chemicals, in order to supply safe drinking
water.
[END]
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[This item comes to you via IRIN, the humanitarian news
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JOHANNESBURG, 19 July 2010 (IRIN) - "Things are not
all right in Zimbabwe," said human rights lawyer Beatrice Mtetwa,
delighted that the American Bar Association (ABA) has decided to honour her
because it draws attention to the fact.
The ABA announced that
the feisty lawyer, who has defended ordinary Zimbabweans, journalists and
politicians, as the winner of the 2010 International Human Rights Award.
"People
assume that there has been an inclusive government in place in Zimbabwe for the
past 18 months, but there has been no restoration of the rule of law," she
told IRIN. "The award has inspired me."
Morgan
Tsvangirai's opposition Movement for Democratic Change formed a unity
government with President Robert Mugabe's ZANU-PF in 2009, after violent
elections in which ZANU-PF lost its majority in parliament for the first time
since independence from Britain in 1980.
Mtetwa has worked
for more than 20 years to protect press freedom from government restrictions
that have threatened media independence and all opposing speech in Zimbabwe.
"The award
was created with the knowledge that in many countries with repressive regimes,
the regime is less likely to take retaliatory action against a human rights
advocate if the advocate has received international recognition," said an
ABA press release.
Past recipients
include the well-known Sudanese human rights lawyer Salih Mahmoud Osman, who
spent over two decades providing free legal representation to victims
arbitrarily detained, tortured, and subjected to serious human rights abuses in
Sudan.
jk/he[END]
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© IRIN. All rights reserved. More humanitarian news and
analysis: http://www.irinnews.org
[This comes to you via IRIN, the humanitarian news and
analysis project of the UN Office for the Coordination of Humanitarian Affairs.
The opinions expressed do not necessarily reflect those of the UN or its Member
States. Reposting or reproduction, with attribution, for non-commercial
purposes is permitted. Terms and conditions:
http://www.irinnews.org/copyright.aspx
IRIN partners: Canada, Germany, Ireland, Netherlands,
Norway, South Africa, Sweden, Switzerland, UK, UNEP and the IHC. More
information: http://www.irinnews.org/donors.aspx
Dear Family and Friends,
When businessman Temba Mliswa was arrested and charged a
couple of
weeks ago for allegedly seizing shares worth US$1 million
in a local
company, our eyebrows went up. Having been right up there
at the top
of the indigenous empowerment actors, Mliswa had
obviously stepped on
someone's toes. Was this the beginning of something big,
we wondered,
could it really be possible that Zanu PF were going to
bring down one
of their own? A big fuss ensued as one of the others
accused in the
case was Martin Mutasa, the son of Presidential Affairs
Minister
Didymus Mutasa. Newly appointed MDC co Home Affairs
Minister Theresa
Makoni went to the aid of Minister Mutasa and that caused
even more
of a stir and the worms have continued pouring out of the
can ever
since.
Moments after being released on bail, Mliswa was arrested
again; more
charges had been
raised and he was taken back into custody. This time the
charges
related to farms and involve generators, tractors,
bulldozers, trucks
and cattle. Was someone finally going to be held to
account for the
decade long looting of assets, livestock and equipment
from
commercial farms we wondered?
At the he earliest
opportunity, Mliswa started squealing. In the
brand new independent daily paper, Newsday, came the
tantalizing
headlines: 'Mliswa spills the beans... implicates
Chihuri, Chiwenga.'
The former being Zimbabwe's Commissioner of Police, the
latter being
the wife of the commander of the Defence Forces.
The next day NewsDay's front page was even juicier:
"Chihuri
threatens Temba Mliswa."
At the time of writing there are apparently more than 70
charges
hanging over Mliswa's head and possibly more to come.
The real question is whether the sudden rash of charges
against Temba
Mliswa is a serious case of police investigation into the
looting of
farms or if dirty politics is really behind this matter.
The most famous, or infamous statement used by the police
for not
investigating incidents and reports from farmers for the
last decade
is :"it is political." Behind these three
little words are hidden
hundreds of thousands of reports from farmers. Reports
that involve
illegal entry, breaking and entry, theft, stock theft,
malicious
damage, abduction, extortion, beating, arson, rape,
murder and many,
many more.
Just one lawyer interviewed on SW Radio Africa said that
he
personally had over 600 cases relating to farms that have
been
pending for over five years.
Temba Mliswa is the tip of a gigantic antheap. An antheap
that is
festering underground, hot and humid and crammed with a
seething mass
of criminals, small, big and very big. Is their day
finally coming?
Until next week, thanks for reading, love cathy. � Copyright cathy
buckle 17th July 2010.
www.cathybuckle.com <http://www.cathybuckle.com/>
For information or
orders of my book about Meryl Harrison's animal
rescues (including from Spring Farm in Karoi, taken by
Temba Mliswa)
"INNOCENT VICTIMS" or previous books
"African Tears" and "Beyond
Tears," or to subscribe/unsubscribe to this
newsletter, please write
to:
cbuckle@mango.zw
<mailto:cbuckle@mango.zw>
16 July 2010
The SADC
Tribunal made another landmark ruling in Windhoek, Namibia, today (July 16)
regarding the Zimbabwean government’s continued violation of decisions made by
the Tribunal with respect to commercial farmers affected by the country’s land
reform policies.
Referring to violations in a further
contempt order of June 5, 2009 after the main judgement of November 28, 2008 in
the Campbell farm test case, the Tribunal said in today’s judgement:
“The Tribunal found that the Respondent (the Zimbabwe
Government), had failed to comply with the decision in the former case (28
November 2008) and reported such failure to the Summit to take appropriate
action…… Despite this the Respondent has continued to violate the decision of
the Tribunal.”
Today’s ruling listed three areas, “amongst others”,
where the Zimbabwe Government has “continued to violate the decision of the
Tribunal” and therefore the SADC Treaty.
Justice Mtambo said: “Firstly, there is abundant
evidence before us to the effect that the lives, liberty and property of all
those whom the decision meant to protect have been endangered.”
Secondly, the letter from the Zimbabwe Minister of
Justice and Legal Affairs, Patrick Chinamasa, was cited. Chinamasa noted that “any decisions that the
Tribunal may have made or may make in the future against the Republic of
Zimbabwe are null and void.”
Thirdly, the refusal of Justice Bharat Patel to
register the judgement in the High Court of Zimbabwe – announced by Patel on
January 26 - was cited as a reason for Zimbabwe’s continued violation.
The ruling recalled that the Campbell case “directed
the Respondent (the Zimbabwe Government) to take all necessary measures through
its agents to protect the possession, occupation and ownership of the land of
the applicants and to take all appropriate measures to ensure that no action is
taken directly or indirectly, whether by its agents or others, to evict the
applicants from, or interfere with their peaceful residence on the land.”
The applicants were given costs in the matter.
Expressing his appreciation to the SADC Tribunal, Mike
Campbell said from Harare: “They have
burnt my house with all its contents, they have looted my crops and my
tractors, they have tortured my workers, they have killed my animals, they
have stripped my farm, they have beaten me to within an inch off my life - from
which I have never recovered - it is now time that SADC acted.”
Ben Freeth, who farmed Mount Carmel with Campbell,
says his father-in-law is currently in very poor health as a result of his
abduction and beating just two days after the Presidential run-off
election.
During the vicious beating of Campbell, his wife
Angela and Freeth, Zanu PF agents tried at gunpoint to force them to withdraw
their case from the Tribunal.
The impact of the chaotic and violent land grab
continues to be felt across Zimbabwe.
This season’s wheat crop is set to be a mere three percent of the total
crop grown a decade ago and the country continues to rely heavily on food
aid.
The Commercial Farmers’ Union estimates a wheat crop
of just 10,000 tonnes, down from 300,000 tonnes before the illegal farm
invasions began in 2000.
Despite the SADC-brokered Global Political Agreement
(GPA), invasions and looting have continued unabated.
This has destroyed the country’s ability to feed
itself and ruined the entire commercial farming industry, depriving tens of
thousands of additional farm workers of their jobs and livelihoods.
“Given that SADC has guaranteed the GPA and that SADC
has put in place the Tribunal, it is up to SADC to take very stern measures to
make sure the Zimbabwe Government – which includes Prime Minister Tsvangarai -
addresses the collapse of the rule of law and the human rights abuses that
continue unchecked in the rural areas,” said Freeth.
Freeth, who continues to monitor violations of the
SADC rulings through a grouping called SADC Tribunal Rights Watch, is concerned
at Tsvangirai’s lack of action regarding the ongoing violations of farmers and
farm workers.
“To date we do not know of a single commercial farm or
a single police station that the Prime Minister has visited while the Zanu PF
elite continues to commit human rights violations and other crimes,” said
Freeth
“If the Prime Minister is hamstrung by the GPA, it is
his responsibility to call on peace keepers from outside to protect the
Zimbabwean people,” he concluded.
ENDS
Submitted by:
Ben Freeth
Cell + 263 913 929 138
E-mail: freeth@bsatt.com
AfriForum
Media Statement
16 July 2010
Zim
farmers succeed at SADC Tribunal - for the third time
Zimbabwean farmers
affected by the country’s land reform policies have succeeded for the third
time with an application to the SADC Tribunal in Windhoek, Namibia.
In the latest ruling
by the tribunal delivered today, the tribunal found that Zimbabwe persists with
its non-compliance with earlier Tribunal decisions of November 2008 and June
2009, respectively. Accordingly, the tribunal will once again report Zimbabwe’s
non-compliance to the next summit of SADC Heads of State.
The Tribunal once
again awarded costs against Zimbabwe.
The Zimbabwe
Government filed an urgent application last week against Messrs Louis Fick,
Michael Campbell and Richard Etheredge which is aimed at the suspension of a
writ of execution in terms of which the farmers, assisted by AfriForum,
attached Zimbabwean-owned property in Cape Town. The farmers oppose the
application with assistence from AfriForum and the matter will be heard on the
3rd August in the North Gauteng High Court, Pretoria.
Willie Spies
Legal
Representative: AfriForum
083-676-0639
Dear Family and Friends,
A blackheaded Oriole is sitting in an avocado pear tree
in my garden
as I write this letter on a wintry Saturday morning. The
electricity
has been off for a couple of days, the fridge has
defrosted, the milk
gone sour and the geyser has long since run cold.
The bird's loud voice consists of a single, short, sharp
call
described in the bird book as: 'kleeu.' Again and again
it calls:
demanding attention and earning admiration. It takes a
little while
to locate the bright yellow belly and glossy black head
of the bird
amongst the leaves but when you do the search is
worthwhile.
Feeding on the soft green flesh of the avocado, the bird
seems
completely unconcerned at being watched. He scrapes away
at the fruit
with his pink bill, stopping to listen and then to call
every few
minutes and the magnificence of the oriole dissolves
anger and
frustration at a Zimbabwe still so far from being right.
As I stand
watching the Oriole I can't help thinking of the strange
and disturbing things going on around us this winter. A
constitutional outreach programme riddled with
intimidation,
confusion and disruption as teams try to get opinions
from a
population still deeply fearful after a decade of being
repeatedly
punished for daring to differ and to strive for change.
Equally disturbing and out of sight but not out of mind
is the case
of Farai Maguwu. Head of the Centre for Research and
Development, he
was investigating and highlighting human rights
violations at the
Chiadzwa diamond mines. Mr Maguwu has now been held in
detention
without trail for over a month and is apparently to be
charged with
'endangering Zimbabwe's economic interests.'
This week Amnesty International called for the release of
Mr Maguwu
but so far their words have fallen on deaf ears. Amnesty
said that Mr
Maguwu was: " being persecuted for carrying out his
lawful work of
monitoring and documenting alleged human rights violations
by
security forces at some of Zimbabwe's richest diamond
fields."
Amnesty International say that they consider Mr Maguwu to
be a
'prisoner of conscience' and it is with a sense of
despair and
helplessness that we watch and wait to know the fate of a
man who
dared expose what's been happening in the dirty scramble
for
diamonds.
Diamonds, would I wear one knowing people have died for
it - not a
chance.
It remains to be seen if the Chiadzwa diamonds will be
Zimbabwe's
salvation or her downfall.
Until next time, thanks for reading, love cathy. � Copyright cathy
buckle 10th July 2010. www.cathybuckle.com
<http://www.cathybuckle.com/>
For information or orders of my new book: "INNOCENT
VICTIMS" or
previous books "African Tears" and "Beyond
Tears," or to
subscribe/unsubscribe to this newsletter, please write
to:
cbuckle@mango.zw <mailto:cbuckle@mango.zw>
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