http://www.theindependent.co.zw/
Friday, 15 June 2012 08:56
Owen
Gagare
SADC leaders are reportedly disturbed by Zimbabwe state security
service
chiefs’ brazen meddling in local politics ahead of watershed
elections and
are pressing the facilitator, South African President Jacob
Zuma, to tackle
the issue at his next meeting with GPA
principals.
This means pressure is mounting on military
commanders to stop interfering
in politics and electoral issues ahead of
crucial polls. Security forces
have been propping up President Robert Mugabe
and Zanu PF, mainly since 2000
following the emergence of the MDC. They were
largely central to elections
in 2002 and 2008. They are currently on the
campaign trail.
Informed diplomatic sources say in the aftermath of
the regional summit in
Luanda, Angola, where Sadc leaders resolved that
Zimbabwe’s GPA parties must
implement the GPA, associated reforms and the
roadmap, the role of the
military in elections has come into sharp focus.
Some of the principals have
been in touch with Sadc leaders last week over
the issue, sources said.
Sources say regional leaders are anxious to
ensure the next polls in
Zimbabwe are held in an environment free of
heightened political
intolerance, polarisation, divisions and conflict. They
say Sadc leaders are
troubled by the military’s manoeuvres and want to move
to contain the
situation.
“After the Luanda summit, a lot has
been happening. Apart from the visit
this week by the facilitation team and
the Sadc team expected to work with
Jomic, there has been a lot of other
developments,” a senior Sadc diplomat
said this week. “One of those issues
is the role of the security forces in
politics and elections Zimbabwe. There
is rising concern, after recent
remarks by army commanders, about the
behaviour of the military and that’s
why Sadc leaders want this issue
confronted as soon as possible. Zuma is
expected to deal with that issue
during his next visit.”
Zuma is scheduled to meet President Robert
Mugabe, Prime Minister Morgan
Tsvangirai, Deputy Prime Minister Arthur
Mutambara and MDC leader Welshman
Ncube soon after the negotiators and the
facilitation team has finalised the
agenda for the meeting.
Zuma’s
facilitation team was in Zimbabwe this week in a bid to ratchet up
pressure
on GPA parties to implement the agreement, reforms and the
elections
roadmap.
“Zuma’s meeting with meeting with principals will be key in tackling
critical issues on which there is some disputes, including the issue of
security services,” on negotiator said. “It’s time for Sadc leaders to take
the bull by its horns as they did in Luanda.”
The security
forces, particularly the army, are blamed for spearheading the
campaign of
brutality to rescue Mugabe in the run-up to the June
presidential election
run-off. Fearing for his life, Tsvangirai pulled out
in terror and even fled
the country. He also had to seek refuge at the Dutch
embassy in Harare as
violence spread and intensified.
Sources say Zumaand other Sadc leaders want
Section E of the election
roadmap which deals with the rule of law
implemented and is expected to
press the principals to stop the military
from meddling in politics and
elections.
Section E(i) of the
election roadmap reads: “Consistent with theprincipals’
agreement of 8th
June 2010, there is a reaffirmation by all the parties to
their commitment
under articles 11 and 13 of the GPA. There will be meetings
of the
principals with the Attorney-General, Commissioner-General of the
Police,
heads of the other security and intelligence institutions to ensure
full
commitment to operate in a non-partisan manner consistent with the
GPA”.
Sources said Zuma is expected to pressure the principals to
hold meetings
with security service chiefs to clear the air on their
constitutional and
legal roles in relations to politics and
elections.
However, Zuma’s international relations, Lindiwe Zulu, a
member of the
facilitation team,yesterday said she was not aware whether
security sector
issues would be on the agenda of the principals’ meeting
with her boss. But
negotiators insist it would be tackled.
Sadc
sources said the issue of military interference in politics and
elections in
Zimbabwe also grabbed the attention of regional leaders after
the recent
warning by the United Nations High Commissioner for Human Rights
Navi last
month when she was in Haare on a human rights fact-finding
mission. Pillay
warned the polarisedenvironment could lead to a repeat of
the 2008 bloodshed
unless reforms are implemented.
“Concern is also rising both inside
and outside the country that, unless the
parties agree quickly on some key
major reforms and there is a distinct
shift in attitude, the next election
which is due sometime in the coming
year could turn into a repeat of the
2008 election which resulted in rampant
politically-motivated human rights
abuses, including killings, torture,
rapes, beatings, arbitrary detention,
displacements and other violations,”
Pillay warned.
While senior
army commanders have made meddlesome remarks in the past,
recent
pronouncements by Zimbabwe Defence Forces (ZDF) chief-of-staff
(quartermaster) Major-General Douglas Nyikayaramba, chief-of-staff(general
staff) Major- General Martin Chedondoand last week by Major-General Trust
Mugoba have sent alarm bells ringing across the region.
At the
Luanda summit,Tsvangirai and Ncube expressed concern on the role of
the
military in politics and warned that the country risked sliding back
into
violence. They also called for all agreed reforms in the GPA and
election
roadmap to be implemented before polls.
In FebruaryBotswana Defence
Forces commander Lieutenant-General Tebogo
Carter Masire visited Zimbabwe
and is said to have urged his peers to desist
from meddling in politics.
Botswana President Ian Khama, who has a strong
military background, is
reportedlyconcerned about Zimbabwe’s aggressive army
interference in
politics.
Sadcleaders are known to be against coups, and apart from
Lesotho and DRC,
the region has not had sustained military rule.In January
1986 Lesotho army
chiefGeneral Justin Lekhanyaousted Prime Minister Chief
Leabua Jonathan in a
military coup. Lekhanya was, however,dislodged in
another military coup in
April 1991 by Colonel Elias TutsoaneRamaema.
Ramaema announced a schedule
for Lesotho’s return to democracy which was
fully restored in 1993. The army
has had intermittent takeovers in Lesotho
despite strong regional
condemnation.
Coop attempts in Zambia in
1997 failed dismally. Sadc also acted swiftly a
few years ago and refused to
recognise former disc jockeyAndryRajoelina who
grabbed power from Marc
Ravalomananain Madagascar with the backing of the
military. The
international community, including the African Union and
United Nations, are
also averse to coups.
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:51
David
Mutomba
WHILE stories about the recent visit to Zimbabwe by UN Human
Rights
Commissioner Navanethem Pillay have been well-covered by the media,
the
implications of her trip, which will linger for a long time to come,
need
attention.
The visit thrust Zimbabwe and its human rights
record under the
international spotlight, stirring debate about what needs
to be done to move
the country forward.
Zimbabwe has had grave human
rights abuses since 1980 and there is need to
boldly tackle and bring
closure to the situation.
However, Pillay’s trip was not without
controversy as the Zanu PF side of
the unity government and the state media
went into over-drive to manage and
influence Pillay’s mission, albeit in
vain. This was revealing as far as
the human rights situation in the country
is concerned. Zanu PF was worried
because it has a lot to hide, contrary to
what its ideologues claimed during
Pillay’s mission.
The
statement by Pillay at the end of her visit, in which she noted the
continued climate of fear in Zimbabwe, stalling of the reform agenda,
existence of obnoxious laws that violate human rights and her calls for an
end to politically-motivated violence and impunity was
refreshing.
In essence Pillay’s visit set the tone and benchmarks
that the international
community needs to note as part of a continued lobby
for reform in Zimbabwe’s
body politic before the next elections. Civil
society and political actors
need to take advantage of her statement and her
report to advance the debate
on human rights.
Pillay’s visit must
therefore not be treated as an event, as it already
appears to have been,
but the beginning of renewed and direct interaction
between Zimbabwe and the
international community on the seemingly
never-ending, man-made crisis in
the country.
Her remarks laid the foundation for debate and
engagement on issues that
need attention in Zimbabwe, more importantly the
need to end violence and
deal with lingering human rights issues. Civil
society therefore has an
obligation to keep the UN, Sadc and AU fully
informed to maintain pressure
on authorities to ensure a paradigm shift,
change of political culture and
fundamental reforms before process-driven
free and fair elections can be
held.
All this, as Pillay said,
should be preceded by the conclusion of the
constitution-making process,
referendum and adoption of the new
constitution. For Sadc, Pillay’s visit is
another endorsement of its
mediation process as led by SA President Jacob
Zuma. What Sadc wants to see
happen in Zimbabwe is what the UN also
envisages.
The outcome of the recent Sadc summit in Luanda, Angola, should
thus help
keep the spotlight on Zimbabwe to ensure the country is steered
through the
current turbulent transition towards free and fair elections and
hopefully
democracy. The human rights discourse must remain central to this
process.
The tendency to deny the existence of human rights
violations in Zimbabwe by
some countries in the region is no longer
sustainable as Pillay’s visit has
shown. Sadc must therefore remain engaged
in Zimbabwe and resist Zanu PF’s
propaganda and threats, while acting
subject to the mandate of its own
resolutions and those of the AU, to find a
solution to the country’s
extended political stalemate and resultant woes.
The UN Human Rights
Commission, and by association, the whole UN, is now
formally part of the
process of engaging Zimbabwe on human rights issues and
elections. Hence,
this has not become a truly multilateral
process.
However, for this process to keep unfolding and succeed,
political parties
and civil society must remain closely engaged with the
people, regional
bodies and the international community so as to seize
opportunities for
change.
Zimbabweans must thus organise
themselves internally to maintain pressure on
their political leaders, Sadc
and the AU to ensure this process, which could
be derailed by reactionary
forces, is seen through. There is need to keep
Zanu PF and its leaders under
scrutiny to remove further human rights
violations and pile pressure for
reform and change. Pillay’s visit has
provided that basis.
The
Luanda meeting and events preceding the summit, including the recent
deployment of high-level envoys to the region, shows Mugabe is determined
to have elections this year without necessary
reforms.
Consequently, Sadc insisted in Luanda that political parties
to the GPA must
within the next 12 months implement the GPA, roadmap and
reforms before
elections. What Mugabe’s envoys told regional leaders before
the summit is
now irrelevant because Sadc’s position has been
reasserted.
The visit to Harare by Zuma’s facilitation team this week
in the aftermath
of the Sadc summit resolutions on Zimbabwe — which are
subject to vicious
contestation by Zanu PF and the two MDC parties — will
add momentum to the
process. That, taken with Pillay’s visit, must fuel
debate and action on
Zimbabwean issues to ensure free and fair
elections.
While during the Luanda summit Mugabe’s envoys and his
team claimed that
political and economic stability have been restored and
the environment is
now conducive for free and fair elections, the correct
assessment is the one
made by Pillay who warned of a possible repeat of the
2008 bloodshed during
elections, unless reforms are fully implemented. This
was the same warning
Mugabe got in Luanda.
Given recent remarks
by military commanders who insist on meddling in
politics on Mugabe and Zanu
PF’s side, it is not difficult to see why Sadc
and Pillay fear a repeat of
2008.
The army has no business in politics and Zimbabweans must start
speaking out
loudly against its interference, in violation of the laws of
the country.
While Zimbabwe needs to hold elections to resolve the current
political
stand-off, it is important to ensure the country goes to credible
elections
which are not marred by political violence, intimidation and
manipulation of
the voters’ roll, constituency boundaries and the subsequent
results. If
these issues are not dealt with through comprehensive reforms,
the country
would end up caught in a vicious cycle of disputed elections,
stalemates and
negotiations.
At the same time, it must be
appreciated that elections are not the solution
to Zimbabwe’s long-running
crisis, but the holding of convincing polls would
help in resolving the
situation. It must always be remembered there are many
issues which the
country needs to sort out if it is to move forward as a
united and
progressive entity. For a long time many issues have been left
hanging and
that is not helping matters, but fuelling tensions and conflict.
The
Pillay visit and Sadc summit resolutions have laid a solid basis for
Zimbabweans to seriously engage their own situation and find a way forward
for the sake of the nation. All stakeholders must now start treating these
issues seriously for the sake of national self-preservation and progress.
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:48
Paidamoyo
Muzulu
THE cash-strapped government of national unity (GNU) is
increasingly
becoming a gravy train on which top government officials and
senior civil
servants enjoy fully-funded foreign trips that they treat like
holidays,
while driving luxury vehicles at the expense of service delivery
to
taxpayers.
Since the advent of the GNU in 2009, there have
been high expectations that
the culture of governance will change for the
better since the two MDC
parties were now part of the ruling coalition. The
MDC formations have for
years been preaching good governance, transparency
and accountability before
they got into government, but now it seems they
have just jumped onto the
gravy train and are enjoying the ride, while they
have conveniently
forgotten their promises to the
electorate.
Besides being accomplices in Zanu PF corruption and
incompetence, the
parties are failing to curb waste in government.
Government has been
splashing on luxury vehicles for ministers, the army,
police and
intelligence services, while failing to pay civil servants decent
salaries
and ensure adequate and smooth service delivery to
taxpayers.
Education minister, David Coltart, has been quoted as
saying the coalition
government spent three times more on foreign junkets by
top government
officials last year than on schooling. Government spent
US$14,8 million on
its 3 000 schools, excluding salaries, but wasted more
money on foreign
trips.
President Robert Mugabe and Prime
Minister Morgan Tsvangirai, along with
their hangers-on, used up to US$45
million in travel expenses abroad. “It’s
shameful,” Coltart said. “The
infrastructure in our schools is in a crisis.
We are undermining the
education of an entire generation.”
While the country’s
infrastructure continues to deteriorate and the economy
remains stuck in the
woods, despite modest recovery, millions of taxpayers’
money are being spent
on ensuring government chefs live in luxury surrounded
by a sea of poverty
stricken masses.
Last week the Independent exclusively revealed the
Zimbabwe Republic Police
has splurged over US$7,5 million dollars on luxury
vehicles ranging from BMW
328i saloon cars, Range Rover Sport, Nissan Navara
LE double cabs and Ford
Ranger LXT double cab Sport Utility Vehicles
(SUVs).
The police purchase of cars overshot by three times the
department’s US$2,6
million budget for cars this year. This is despite the
police facing
perennial shortage of resources, resulting in their stations
using manual
typewriters, cops hitch-hiking to attend crime scenes and a
shortage of
uniforms.
Police are not the only government
institution facing lack of resources amid
serious waste by officials. The
military, prisons, parastatals, clinics and
hospitals, state-owned
universities and colleges, schools and other crucial
departments like
immigration, registrar generals’ office and central vehicle
registry are
also in a similar situation. In fact, the whole government is
reeling from
financial problems.
Hospitals are understaffed, have limited supplies
of medicines and broken
down or dilapidated equipment. Some schools have
poor classrooms and
teachers' houses resulting in most trained teachers
shunning them, while
tertiary institutions have dilapidated buildings.
Students are dropping out
due to exorbitant fees. They are also understaffed
as most lecturers left
for greener pastures in neighbouring countries as
well as Europe, US,
Australia and New Zealand.
Besides,
government is currently locked in a stand-off with civil servants
who are
pressing for salary increments which authorities say they cannot
afford due
to lack of funds. Most civil servants earn way below the poverty
datum line
of US$504 per month. Government employees have threatened
industrial action
and recently petitioned President Robert Mugabe to have
their salaries
reviewed.
While government is unable to pay its workers, it has also
lost several
millions of dollars through the corruption-ridden Constituency
Development
Fund. Investigations into embezzlement of the fund by MPs have
not secured a
single conviction to date, even though more than six arrests
have been made.
Corruption is still rampant in government. Diamond
revenues are not properly
accounted for, while looting by various means
including tender manipulations
and brazen theft
continues.
Political analysts say while Zanu PF’s corruption and
waste is well-known,
the MDC parties’ complicity in the profligacy
characterising the coalition
government is most
surprising.
Political commentator and social activist Blessing Vava
said the premise of
the coalition government was wrong as it was not about
service delivery, but
political accommodation.
“From the outset,
it was clear that this government was extravagant and the
partners were only
interested in serving their own political and material
interests. The size
of government at the formation of the GNU clearly showed
it’s about
political accommodation and wealth accumulation, not serving the
people,”
Vava said.
The coalition government has a president with two deputies, a
prime-minister
with two deputies, 52 ministers and 18 deputy ministers
governing a
population of about 14 million people.
The size of
the government is shocking when compared to bigger economies
like the United
States which has 14 secretaries (ministers) and less than
six others who
hold the equivalent rank, including the Attorney General,
Chief of Staff and
head of Environment Protection Agency.
Neighbouring South Africa,
which has a population of 50 million, has about
35 ministers, showing
Zimbabwe’s cabinet is bloated.
Commentator Jonathan Gandari said the
situation showed that Zimbabwe’s
government needs streamlining to ensure
accountability and efficiency.
“This is what happens when you have public
offices that are not accountable
to the public,” said Gandari. “Actions
like these (profligacy) should be
understood in the context of lack of
accountability by public offices in
Zimbabwe.”
Gandari said the
lack of strong checks and balances was encouraging
wastefulness. “Without
the policy framework to guide government expenditures
and adequate checks
and balances, the MDC parties do not have a basis to
either restrain
themselves or others. So they can’t resist joining the
bandwagon. The MDC
parties are in government but have not changed the
culture of governance and
other issues because they have no real power and
influence.”
Finance minister Tendai Biti has in the past
complained in parliament about
the government’s foreign travel bill and
purchase of expensive luxury
vehicles ahead of capital projects
investment.
However, his advice has fallen on deaf ears as both
Mugabe and Tsvangirai
continue to make foreign travels with bloated
delegations.
Biti says due to limited revenues, salaries would only be
reviewed if
revenues from diamond sales start flowing properly into the
fiscus. The
minister has of late been complaining that diamond mining
companies,
especially Anjin, which is owned by the Chinese and the military,
have not
been remitting proceeds due to government.
While government
officials and senior civil servants enjoy their gravy
train, civil servants
remain suffering and service delivery stalling or
collapsing.
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:30
SINCE the
advent of the multicurrency regime and exchange rate
stabilisation, as well
as macro-economic stability three years ago,
following a decade of meltdown
and hyperinflation, enquiries by American
investors on Zimbabwe have
accelerated, US ambassador Charles Ray said this
week.
Ray said American investors were now frequently
enquiring on opportunities
in the country. “With rapid growth in Zimbabwe’s
economy for three
successive years, my embassy has seen increased enquiries
from US businesses
interested in exploring new opportunities,” Ray told the
Zimbabwe
Independent.
“In October 2011 at the ‘Doing Business in
Zimbabwe’ forum in Washington,
DC, I made a point of saying, ‘Zimbabwe is
open for business’ and encouraged
US companies to take a closer look. From
2002 through 2011, the annual
average nominal value of Zimbabwe’s exports to
the US was US$75 million, and
annual imports from the US averaged $64
million. Trade indicators show
significant scope for growth in this
bilateral trade.”
Ray said regional and international economic
integration was key for shared
growth and prosperity.
“In three weeks,
the US will celebrate 236 years of independence. No matter
how much we
Americans cherish our independence, we know that our prosperity
depends on
an increasingly interconnected global economy,” he said.
“Zimbabweans
have learned the same lesson. Even during the days of the Zim
dollar and
high tariff barriers, Zimbabwe could not completely insulate
itself from
external economic forces. Today, with a more open trade regime
and the multi
currency arrangement, Zimbabweans are more (immediately)
affected than ever
before by the ups and downs of the world’s economy,” Ray
said.
“Even though the US economy is more than 1 000 times larger
than Zimbabwe’s,
citizens of both countries must each day face the reality
of economic
interdependence. Recent lowering of expectations for economic
growth in
Europe, for example, has reduced confidence in the
US.
“Similarly, reduced global demand for cotton has caused the
market price to
slump, and that is bad news for cotton growers in Zimbabwe,”
said Ray.
Ray said growing integration and interdependence now posed a
challenge to
national leaders.
“The reality of interdependence
creates a challenge for national leaders
across the globe. Their responses
to that challenge vary according to their
individual outlook, the
expectations of their people, and the nature of
their ties to other
countries. A central goal of American foreign policy is
to promote
international trade, encourage cross-border investment, and help
build a
global economy that is open, free, transparent and fair,” he said.
Ray said
more trade and investment between the US and Zimbabwe would help
both
countries.
— Staff Writer.
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:18
Paidamoyo
Muzulu
ZANU PF says it will not tolerate its MPs moving motions in
parliament
through the back door without first consulting the party’s caucus
for debate
and scrutiny.
Zanu PF House of Assembly chief whip Joram Gumbo
said this week his party
would not put up with motions moved without
consultations with its caucus,
as that would promote indiscipline and abuse
of parliamentary privilege.
This has created political tensions within the
party’s caucus as some MPs
felt intimidated and
muzzled.
Gumbo’s remarks followed Goromonzi North MP Paddy
Zhanda’s bid last week to
move a motion to investigate allegations of
corruption and maladministration
against the Reserve Bank and its governor
Gideon Gono. The move was thwarted
by Zanu PF political heavyweights after
they whipped Zhanda into line.
“The motion was stopped since most of
the party members had not been
consulted,” said Gumbo. “We cannot have a
situation where MPs just move a
motion without the party scrutinising it and
putting its input at caucus
level.”
Zhanda, also parliamentary
committee on budget and finance chairman,
unexpectedly broke ranks with his
party by giving notice to move a surprise
motion calling on parliament to
“set up an adhoc committee in terms of
Standing Order 157 to investigate
allegations of corruption at the Reserve
Bank of Zimbabwe and to table its
findings in the House”.
The motion, seconded by MDC-T Kambuzuma MP
Willias Madzimure, said
parliament was “concerned at the high levels of
corruption, shady deals,
acts of economic sabotage and poor corporate
governance principles at the
Reserve Bank and was worried by the
Anti-Corruption Commission’s apparent
involvement in the
matter”.
Zhanda was pushing for investigations into the controversial
activities of
the central bank from 2003 when its debt rose by more than
US$700 million to
the current US$1,2 billion amid claims the central bank
was used to prop up
President Robert Mugabe and Zanu PF during the political
and economic
meltdown between 2000 and 2009.
However, senior Zanu
PF legislators, including politburo bigwigs Emmerson
Mnangagwa, Sydney
Sekeramayi, Didymus Mutasa, Oppah Muchinguri, Webster
Shamu and Jonathan
Moyo, as well as Midlands provincial governor Jason
Machaya, MPs Isheunesu
Muza, Kudakwashe Bhasikiti and Makhosini Hlongwane,
shot down Zhanda’s
motion at the party caucus.
Gono has previously told parliament he
was not afraid of any investigation
since all his actions were above board
and were sanctioned by authorities.
Last week he said he was ready for the
probe anytime, as long as it was not
motivated by “malice and ulterior
motives”.
Gono and Zhanda have been involved in a protracted personal
dispute amid
allegations of extortion by the latter. Zhanda was last year
forced to
recuse himself from dealing with the Reserve Bank debt issue in
parliament
after Gono had complained that he was pursuing a “personal
agenda” against
him. The clash between the two — and subsequent removal of
Zhanda from the
issue in terms of Standing Rules and Order No. 13 — emanated
from parliament’s
probe of the farm mechanisation programme, financed by the
central bank,
part of a wider inquiry into central bank’s affairs, including
the bank’s
$1,2 billion debt.
Political analysts say the
motion was blocked because Zanu PF was
uncomfortable with what the probe
might unearth. Political commentator and
public management lecturer at the
Tshwane University of Technology in
Pretoria, South Africa, Ricky Mukonza,
said Zanu PF opposed such motions
because it had “skeletons in its
cupboards”.
Senior Zanu PF officials, including ministers and MPs,
benefitted from the
bank’s policies between 2003 and 2009. Among the Reserve
Bank interventions
were the funding of new farmers, farm mechanisation,
bailing out of
industries, parastatals and private companies, as well as
supporting almost
all state operations. Zanu PF is adamant that this period
should neither be
reviewed nor investigated. However, Zhanda, who did not
accept being
thwarted, has vowed to persist with his motion.
http://www.theindependent.co.zw/
Friday, 15 June 2012
09:34
Elias Mambo
WAR veterans’ leader Jabulani Sibanda has
threatened to deal with Zanu PF
faction leaders ex-combatants accuse of
fanning internal strife and
divisions in the party ahead of crucial
elections.
In an interview with the Zimbabwe Independent in Harare
last week, Sibanda
said the war veterans would not allow a few people wreak
havoc in the party
in an attempt to bulldoze their way to the
top.
Sibanda also said war veterans would crush any plots to oust
President
Robert Mugabe as the leader of the party and candidate in the next
polls.
“We will deal with people who want to substitute Mugabe as our leader
and
candidate,” said Sibanda. “We uphold the party constitution and our
party
has only one president, therefore we will not tolerate that millions
should
suffer at the expense of a few individuals who are power
hungry.”
Sibanda said “bad apples” would be removed from the party
before elections.
“We hear statements that there are some who are planning
to take over from
the president but we as war veterans are saying, President
Mugabe has no
substitute. We want the party to remove bad apples before they
spoil the
whole fruit bowl,” he said.
Zanu PF is currently
plagued by factionalism and infighting fuelled by
Mugabe’s protracted
succession battle. The main factions are led by
Vice-President Joice Mujuru
and Defence minister Emmerson Mnangagwa. Sibanda
demanded those linked to
factions must desist from their actions as they
were destroying the party.
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:33
Wongai
Zhangazha
ZANU PF seems to be heading for a “marriage of convenience”
with the
National Constitutional Assembly (NCA) to fight the two MDC
formations if
the Copac draft constitution goes to a
referendum.
Although Zanu PF and NCA are not allies, unfolding events
surrounding the
constitution-making process could force the two to work
together to defeat
the draft constitution they both do not want for
different reasons. Zanu PF
appears determined to go to the next elections
under the current
constitution, which would lead to it voting against the
Copac draft, while
the NCA has been opposed to the process, saying it was
inherently
unrepresentative and not people-driven.
While Zanu PF,
which is opposed to the draft, has been mobilising its
supporters to reject
it if its views are not included, NCA resolved at its
extraordinary national
consultative assembly last Saturday to intensify its
campaign against the
controversial draft constitution.
The Zanu PF politburo has rejected
the Copac draft and instructed its team
led by legal affairs secretary
Emmerson Mnangagwa to seek to overhaul the
document, a move being resisted
by the MDC parties, jeopardising the draft
which may eventually not even go
to referendum unless a breakthrough is
found and all GPA issues are
implemented as demanded by Sadc leaders during
their recent summit in
Luanda, Angola.
The NCA says it was disturbed by the manner in which
Copac has handled the
constitution-making process, blowing close to US$45
million and yet unable
to produce a workable, consolidated
draft.
One of the resolutions of the NCA meeting demanded Copac to
immediately
release its final draft for a referendum so people can decide,
showing the
group is geared to mobilise for the rejection of the
document.
The NCA has consistently criticised the process,saying it
was not
people-driven as only the three parties that form the coalition
government
are driving it. Similarly, Zanu PF has been complaining about the
Copac
draft. Patrick Chinamasa, Zanu PF negotiator and member of the Copac
management committee, told a Sapes Trust public seminar last week the
current constitution-making process had taken too long and was not going to
produce any meaningful result.
Chinamasa said Zanu PF had hoped
the Copac exercise would be concluded in a
short period as the Kariba draft
constitution, negotiated by three parties,
was supposed to form the basis of
the process.
“If that had taken place, naturally this
constitution-making process would
have been concluded sooner,” said
Chinamasa. “What in fact has happened is
that it has become very expensive,
very protracted and very argumentative,
and one would not be sure at the end
of the day whether this process itself
will produce an outcome,” he
said.
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:29
Faith
Zaba
MINISTERS clashed at a stormy high-level government meeting
yesterday over a
range of issues, including diamond revenue, indigenisation,
re-introduction
of the local currency and foreign travel by
VIPs.
Sources said the most vocal officials at the gathering included
Emmerson
Mnangagwa of Defence, Saviour Kasukuwere of Youth, Indigenisation
and
Empowerment, Vice President Joice Mujuru and Prime Minister Morgan
Tsvangirai.
The meeting was convened to discuss the slowdown in
the economy, which has
been blamed for underperformance in tax revenues
resulting in budget
downward revision.
Finance minister Tendai
Biti presented a report on the state of the economy
and proposals to deal
with leakages in revenue collection and wasteful
expenditure by VIPs, among
other issues.
So tense was the meeting that some ministers passed
notes to each other
accusing Biti of being “insensitive” and “vicious”, and
described parts of
his presentation as “outright cruelty”.
This,
sources said, was after Biti had proposed the introduction of land tax
to
increase productivity on land as well as penalise those holding idle
farms.
This was rejected by Zanu PF ministers, who said Biti should instead
provide
funding for farmers.
The sources said Mnangagwa took umbrage to
dismiss Biti’s allegations that
the ministry had illegally recruited 10 000
staffers, among them 4 600
soldiers, through the Public Service Commission
(PSC) between January and
May this year.
Biti had proposed that
the PSC freeze all new appointments. Kasukuwere,
whose indigenisation policy
came under attack, spoke about the Zimbabwe
Mining Development Corporation
(ZMDC) Joint Ventures Model, disposal of
government assets, foreign direct
investment (FDI) and the proposed
establishment of a national investment
company, sources said.
On FDI, Kasukuwere said his ministry had
injected more than US$30 million
into the economy through the youth
empowerment fund. What seemed to have
irked Kasukuwere, the sources said,
was Biti’s assertion that indigenisation
and economic empowerment
legislation is perceived as a risk to FDI.
Kasukuwere accused Biti of
seeking to attract FDI at all costs, irrespective
of the meagre benefits
accruing to the country. He said Biti’s push for FDI
just to create jobs and
generate revenue for government through taxes
without meaningful
participation by indigenous Zimbabweans was premised on a
neo-colonial
development paradigm.
Kasukuwere said conflicting messages on
indigenisation is what really scared
FDI, and not the programme itself. As a
result, potential investors adopted
a wait-and-see attitude hoping for
regime change and policy reversal.
Kasukuwere was opposed to the
establishment of a national investment
company, saying it would duplicate
roles with the National Indigenisation
and Economic Empowerment Fund
(NIEEF), which he said was being deliberately
undermined to ensure it
fails.
He said in the 2011 budget, the NIEEF was allocated US$5
million, but
Treasury released US$1,5 million, and this year only US$400 000
has been
disbursed out of an allocation of US$6,4 million.
NIEEF
currently warehouses Blanket Mine, Zimplats, Mimosa and Unki shares on
behalf of the state. Zanu PF ministers are said to have also complained
about alleged bias in budgetary allocations, accusing Biti of favouring
ministries under his MDC-T party.
However, Biti fought back and
the ministers agreed to implement a wide-range
of proposals and upheld the
shareholding structure of 51% to locals and 49%
to foreigners, community
trusts and youth empowerment.
Biti won the battle on diamonds as it
was agreed all proceeds from mineral
sales should go to Treasury after he
complained only US$40 million from an
anticipated US$600 million in diamond
revenue had been remitted.
Cumulative revenue for January to May 2012
stands at US$1,274 billion
against a target of US$1,469 billion. The meeting
agreed this was a
reflection of under-performance by the Zimbabwe Revenue
Authority as well
as diamond dividends.
They agreed to
comprehensively review revenue streams such as VAT, corporate
tax, pay as
you earn, import duties and other non-tax revenue sources with a
view to
enhancing revenue collection and plugging existing leakages.
The
meeting resolved to review import duties on luxury goods, such as
vehicles,
as well as excise duties. A policy enabling the ZMDC or any future
diamonds
agency to have a 50% shareholding in existing diamond houses
similar to the
Anjin model would be formulated.
The meeting also concluded
government should review and renegotiate some of
the agreements with mining
companies to address the gap between income
accruing to them and the benefit
to the country.
The ministers also proposed securitisation of
minerals, like in the DRC,
Sudan and Angola saying this would be used to
source funding for economic
development.
http://www.theindependent.co.zw/
Friday, 15 June 2012
09:20
AN official investigation into the operations of Interfin
Banking
Corporation (IBC) unearthed wholesale looting that left the bank
reeling
from non-performing insider loans of US$60 million, poor corporate
governance and general abuse of depositors’ funds by the bank’s shareholders
and individuals linked to them, the Zimbabwe Independent can
reveal.
According to sources close to investigations into the
affairs of the bank,
now technically insolvent, major shareholders who
included the bank’s
founders Farai Rwodzi, Timothy Chiganze and Jerry
Tsodzai, as well as their
cahoots, siphoned depositor funds by granting
themselves loans to the tune
of more than US$60 million which were not being
repaid.
The bank had a concentrated shareholding structure in which
founders Rwodzi,
Chiganze and Tsodzai owned a combined stake of 54,21%
through various
investment vehicles. Rwodzi and Chiganze chair the boards of
Interfin
Financial Services (IFS) and the bank,
respectively.
According to sources, problems at the bank arose
primarily because the
boards of the parent company, Interfin Holdings Ltd
and the subsidiary bank
were compromised by the presence of these
controlling shareholders on both
boards. This severely limited the board’s
independence and compromised their
oversight and that of
management.
The sources told the Independent this week as a result
the bank was
technically insolvent, with a negative core capital of US$92,9
million as at
June 8 2012.
Insider loans amounted to US$59,914 million,
while the bank had deliberately
understated its bad loan provisions by more
than US$44,342 million. These
“prudential adjustments” left the bank’s core
capital at minus US$92,9
million.
A recent four-day investigation
by the central bank’s licensing, supervision
and surveillance units
established that while Interfin Banking Corporation
reported insider loans
of only US$2,9 million as at December 31, 2011 , the
investigation
reportedly determined the bank had understated the level of
insider loans
which were non-performing.
The position had further deteriorated and as at
March 31 the institution had
negative core capital of US$49,32 million,
stemming largely from insider
loans of US$63,29 million.
“This
means that the bank was involved in creative accounting, designed for
the
sole purpose of concealing the level of insider and non-performing
loans”,
the sources said, adding that the bank’s management and board had
not
proffered a satisfactory explanation for the alarming rise in insider
loans.
As the bank now has a capital deficit of US$92,9
million, and given the
minimum capital requirement of US$12,5 million for
commercial banks,
Interfin’s shareholders or prospective investors would
need to invest around
US$105,4 million just to comply with minimal
capitalisation requirements and
capital adequacy ratios.
The
investigation also established that Interfin Bank had a negative
liquidity
gap of US$86,49 million in the critical zero to seven days time
band. This
means the bank was unable to meet withdrawals from clients and to
make
payments on their behalf, or meet its own administrative
obligations.
Owing to its failure to refinance maturing liabilities,
Interfin had
accumulated outstanding payments of US$12 million in unpaid
RTGS transfers,
US$22 million in fixed deposit maturities not honoured and
US$2,2 million in
bank drafts it was failing to clear, rendering the bank
technically
insolvent.
The sources said apart from abusing
depositors’ funds through exposing
Interfin to non-performing insider loans,
the investigations also
established the bank had, in the past five months,
been paying expenses for
an associate company, Interfin Management Services
(IMS), to the tune of
US$172 500. The expenses had been accounted for as
fees in the bank’s book,
the sources said.
The probe found Rwodzi
had illegally and irregularly pledged his bank shares
as security for a US$3
million loan from Al Shams Global, an outfit
represented by businessman
Jayesh Shah. It was this loan which Rwodzi used
to acquire CFX Bank and was
repayable over two years.
Al Shams is now said to be claiming
US$3,679 million or 41% of Interfin.
This transaction, which had the
potential to alter the bank’s shareholding,
was neither disclosed nor
approved by the authorities.
The Independent’s own investigations
established that Rwodzi had since
February been under pressure to surrender
share certificates to Shah.
According to sources, Shah wrote several e-mails
to Interfin’s company
secretary demanding the share
certificates.
The bank’s management and board was found to have
presided over gross
violations of prudential lending limits, with sources
saying exposures to
insiders were well above the 25% regulatory
threshold.
For instance, the bank’s exposure to Interfin Nominees was
125,5%,
StarAfrica was 88,29% and ZimAlloys stood at 136,88%, the sources
said.
These are all entities in which Rwodzi had major
interests.
Interfin Nominees, an investment vehicle for Interfin
Holdings, was owed a
total US$14, 214 million which was advanced to fund the
underwriting of the
Star Africa and Art Corporation Rights Issues. This loan
was not performing
and the facility had expired in January 2012 but not
repaid. IBC told the
central bank the shares acquired through the
underwriting transactions had
since been pledged to various institutions to
secure deposits. (In most
cases, proper procedures were not followed in the
granting of these loans).
Liquidity and Solvency
Status
Interfin was technically insolvent with a negative core
capital of US$92,9
million as at June 8, 2012
No explanation was
given for the huge increase in insider loans, which
amounted to US$63,29
million at March 31, 2012 and were reported as US$2,9
million at December
31, 2012
The bank had a negative liquidity gap of US$86,49 million
and outstanding
payments of US$36,5 million.
The bank’s
shareholders are required to inject US$105,4 million for the bank
to comply
with prescribed minimum capital requirements
–– Staff Writer.
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:56
Gamma
Mudarikiri
MINES and Mining Development minister Obert Mpofu this week
said his
ministry would not subscribe to the cabinet resource
mobilisation
committee’s Zimbabwe Mining Revenue Transparency Initiative
(ZMRTI) which he
claims would be detrimental to the sector if the country
remained on the
US-EU sanctions list.
The ZMRT is a government
initiative towards consolidating the provisions of
the Medium Term Plan
(MTP), which state that Zimbabwe must by 2015 adopt the
Extractive Industry
Transparency Initiative (EITI).
The EITI is an international best
practice system in the extractive as well
as other industries, aimed at
improving transparency, accountability and
responsibility in the
exploitation of natural resources. It requires full
and public disclosure of
mining sector revenues and receipts by government.
Mpofu, who was
speaking at a conference on transparency in the mining
sector organised by
Centre for Public Accountability, said his ministry
would not subscribe to
such an initiative while the country was still
under
sanctions.
He said full disclosure, especially on diamond mining
activities, would be
detrimental to the sector, particularly given that
there were countries
which had Zimbabwe under sanctions.
“We
cannot speak of full disclosure while we have these sanctions. If
we
were doing that we could have been getting nothing from the
mining
sector, which is literally running this economy, as those who
slapped us
with sanctions have made it clear to include on their sanctions
list those
who trade with us in diamonds,” Mpofu said.
Mpofu’s remarks come
after Finance Minister Tendai Biti’s statement that the
deficit in revenue
collection was because of poor contribution from diamond
firms. Diamond
revenue’s contribution to the fiscus in the first quarter
of this year
amounted to US$30,5 million against a target of US$122,5
million.
Biti last month blasted Chinese company, Anjin
Investments, for not
contributing anything to the fiscus and questioned the
firm’s shareholding
structure. Anjin is the biggest diamond mining company
in the country but
its contribution to government revenue raises questions
on transparency.
Mpofu however came to the defence of the mining
companies, insisting they
were remitting their contributions as obliged,
hence the problem was with
treasury. “I am Minister of Mines and Mining
Development and my
responsibility has nothing to do with revenue
collection,” he said.
“The responsibility of the line ministry is not
to complain, but to do the
work.” Zimbabwe’s mineral exports for 2011
surged to US$2,45 billion from
US$1,6 billion in 2010, driven by platinum,
gold and diamond production.
Mpofu said diamond production would rise
this year beyond the Medium-Term
Plan target of 12,1 million carats,
following the green light from the
Kimberley Process Certification
System.
Commenting on mining fees, Mpofu said the hike in the fees
was a positive
development as treasury was getting US$10 million a month. He
said
complaints by big mining companies on the fees were unjustified as
these
companies had the capacity of paying even more.
Mpofu
however said his ministry was in dialogue with the Chamber of Mines to
review mining fees for small scale miners.
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:50
ZIMBABWE’s
financial sector is likely to change dramatically if plans by the
Bankers
Association of Zimbabwe (BAZ) to set up a credit bureau are seen
through.BAZ, through its president George Guvamatanga, recently advised the
Reserve Bank of Zimbabwe governor Gideon Gono in a letter seen by
businessdigest, that the bankers were at an advanced stage of establishing a
credit bureau, working with an international technical partner,
TransUnion.
“We recognise that the absence of a credit bureau has
created information
asymmetry which is being exploited by borrowers who
commit against the same
cash flows from different banks. This is resulting
in the discounted cash
flows of the said borrowers not being able to service
debts.
“We estimate that most firms and individuals in the market
could be
overborrowed and this may be contributing to the current state of
acute debt
overhang and cases of unsustainable levels of default in the
banking
sector,” Guvamatanga said.
The bankers said this
phenomenon was a major driver of non-performing loans
in the banking
sector, estimated to be 7% of advances. However, the figures
could be higher
if debt rollovers or the restructuring of loans to
overdrafts were included
in the calculations.
The bankers’ association said it believed a
credit bureau would decrease
information asymmetries between borrowers and
lenders and allow lenders to
more accurately evaluate risks and improve
portfolio quality.
This would eliminate the adverse selection problem
that was present and
ultimately lower costs of credit for the good
borrowers, while increasing
availability of loans to a wider
clientele.
A professional credit reference system will also support
automated
underwriting, lower operational costs and ultimately increase
profitability
for banks, BAZ said.
Guvamatanga observed that
non-performing loans were also contributing to
liquidity challenges in the
market, a sentiment that he shared with BAZ CEO
Sijabuliso Biyam, who said
there was more than US$3 billion in loans in the
market, but the money lent
out was not circulating.
Expanding on the plans for a credit bureau,
Biyam said: “Unfortunately we
are bound by certain confidentialities but we
are working with an
international technical partner to set up a credit
bureau, which should be
operational by September of this
year.”
Biyam said the new credit bureau would maintain a database of
all borrowers
in the economy, enabling banks and other third party creditors
to avoid
being overextended.
BAZ was committed to working with the
Ministry of Finance and the Reserve
Bank to maintain stability in the
banking sector and to ensure that banks
fully assume their intermediation
role in the economy.
— Staff Writer.
http://www.theindependent.co.zw/
Friday, 15 June 2012
09:43
WHEN the American Broadcasting Corporation (ABC), one of the oldest
in the
US, announced the great famine in Ethiopia in 1985, the anchorman’s
opening
lines were: “And there’s been yet another famine in Africa, and this
time it’s
in Ethiopia.”
As an African, one felt that the world
was looking at my species as some
ever-doomed and gloomed one. Apparently,
news of the Ethiopian famine took
long to make it to the American networks
because famines were such a regular
occurrence on the continent: they were
not newsworthy until they were
another Biafra, Nigeria’s secessionist’s
state where more than a million
people died from starvation after central
government closed off food
channels to what later remained a province of the
central state.
In Zimbabwe, however, we have our own version of
the ABC anchorman’s opening
line: “And there’s been yet another bank
collapse in Zimbabwe and this time
it’s Interfin Bank.”
Given the
recurrence of such incidents, one begins to question the capacity
of the
Reserve Bank to effectively monitor and supervise the banking sector.
And
mind you, this is not questioning the bank under the current governor
because similar events took place under the helm of his predecessors. As a
reminder, banks, or rather financial institutions, that faced the same fate
as Interfin included Time Bank, CFX, First National Building Society,
Zimbabwe Building Society, United Merchant Bank, Universal Merchant Bank and
more recently, ReNaissance Merchant Bank, to name but a few, that is if this
can be said to be a few. We are told Genesis Investment Bank is next in
line.
If you dig up all the financial institutions that fell
by the wayside in
this country since the beginning of this century, you may
come up with an
average of one a year. Anyone want to place a wager on whose
turn it is next
year?
Bank failures do happen, even
internationally, but not with the frequency
they do in Zimbabwe. Pray we
don’t get to the stage where bank failure doesn’t
make it into the news
unless humongous sums are involved, i.e. more than the
US$100 million we
understand might be the total prejudice to Interfin
account
holders.
Back to our question, where was the Reserve Bank when all
the looting at
Interfin was taking place? Wasn’t it only six months ago when
the central
bank promised that it would tighten its surveillance of the
financial sector
by conducting regular stress tests, among a plethora of
banking jargon?
Because as far as things stand, who needs stress tests are
the Interfin
depositors, many of whom have started going to the courts to
demand their
moneys back.
To expand on our famine analogy,
perhaps the Reserve Bank also needs an
early warning unit, like Sadc has to
deal with imminent famine. Not that it
will be listened to, as happened with
the Sadc unit’s warning on the
1991-1992 drought, but at least if it exists,
it might leak information to
the press and the Reserve Bank could follow up
with action. Has anyone
noticed that it’s generally when information about
faltering banks is put
out in the media that the central bank responds? And
when it does, it has an
accurate picture of what
happened?
Prevention is better than cure. But before this happens,
opening a bank
still remains the best way of making a quick buck. After all,
the governor
has said the doors are open. And when you’ve finished lending
the public’s
money to yourself, deep-pocketed Nssa will recapitalise your
bank shell and
you go scot-free. If the deposit protection board is
capitalised, even
better! So what are you waiting for?
By
Itai Masuku
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:40
CRUEL fate has
once again hit Zimbabwe’s banking sector with the failure of
two more banks,
Interfin Banking Corporation and Genesis Investment Bank.
Interfin was placed
under “Recuperative Curatorship” while Genesis
“voluntarily surrendered its
banking licence. On the face of it authorities’
decisions in the case of
Interfin and that of the Genesis board, which chose
the noble path of
surrender, appear well-conceived and in the public
interest, but behind that
lies the real story.
After the shenanigans unearthed at ReNaissance
Merchant Bank (RMB) last year
where, again, a Reserve Bank investigation
unearthed wholesale looting of
depositors’ funds, the public might have
thought such an occurrence was now
a thing of the past. But, alas, it has
been proven wrong by reports that
Interfin Financial Services’ major
shareholders and their cahoots looted
Interfin Bank to a
shell.
While the goings-on at both RMB and Interfin border on the
criminal and one
dare say, obscene, as depositors’ hard-earned funds are
abused willy-nilly,
there seems to be no punitive action by the authorities
to dissuade would-be
offenders from doing the same.
It is beyond
debate that, had this infamy been committed elsewhere in the
world, the
culprits would already have been put behind bars, with heavy
sentences and/
or fines. They would wish they had not touched a dime.
However, in Zimbabwe,
we never learn from the past and we have always
ignored the signs, even when
they were there for all to see.
Against such a background, one
wonders whether abuse of depositors’ funds,
as we have witnessed in the
Interfin and RMB cases, are lesser crimes that
can easily be pardoned with a
little regulatory spanking from the Reserve
Bank and not the country’s
justice system.
If this ghost is not exorcised now it will soon
become acceptable that in
Zimbabwe, a banking licence is in fact a “licence
to steal”. This will be
tragic as the banking sector is key to mobilising
both foreign and local
investment critical to the country’s economic
recovery.
As one of our readers quipped, these are the results of
having too many
overrated briefcase bankers with no ethics at all. Others
have suggested
that all insider (directors/executives) loans should be
banned. And if
these directors are forced to go to another bank for loans,
then proper risk
assessments should be carried out. As it stands, these
executives just dish
out funds to themselves with reckless abandon, in many
cases from a pool of
depositors’ funds.
The scale and modus
operandi of the looting at RMB and Interfin leaves one
wondering, where were
the authorities? Where were the lawmakers, and more
importantly where are
the law enforcement agents? Clearly, in order to stop
this wanton abuse of
the public’s trust and confidence in banks, authorities
now need to start
taking tough action against bank shareholders and managers
who steal
depositors’ funds. This cannot go unpunished.
It is time the
authorities drew a clear bold line between an insider loan
and outright
theft and ensure offenders face the music for their misdeeds.
At present,
this line is blurred and the fuzziness allows looters of peoples’
savings
and public funds to get away with a little more than the
embarrassment
associated with few adverse newspaper reports, a slap on the
wrist by the
regulators and off they go in luxury cars to their posh houses,
to enjoy
their ill-gotten wealth, with no penalties.
This is not merely crying
over spilt milk, these events are fresh and real
and there is an opportunity
for the authorities to re-look at the precedents
that have been set for
previous offenders in this country. If anything,
authorities’ failure to
bring these crooks in suits and ties to book last
year has openly buoyed
other indigenous bank owners to go for the easier
route of making money —
steal depositors’ funds as nothing serious will
happen to
you.
Unlike the petty thieves roaming the streets, indigenous bank
owners, have
been legitimised by a banking licence, an opulent boardroom
where decisions
to steal more money are made and banking halls filled with
beautiful smiling
clerks. This has become the new legalised theft.
Authorities must stop this
systematic economic sabotage and halt dead in
their tracks these thieves in
imported designer suits masquerading as bank
executives.
Zimbabweans now need to know that the next bank they put
their money into is
not just another Ponzi Scheme.
http://www.theindependent.co.zw/
Friday, 15 June 2012 09:38
AFTER the
inconclusive and disputed 2008 elections, characterised by a
bloodbath
during the June presidential poll run-off, a unity government was
formed
under the aegis of the GPA, brokered by Sadc through former South
African
president Thabo Mbeki.
The GPA committed bitter rivals, Zanu PF and
the two MDC parties, to work
together towards restoration of economic and
political stability and
facilitate rebuilding of a “democratic society” free
of the sea of troubles
the country had been going
through.
Necessarily, the end game for the GPA was going to be free
and fair
elections and hopefully transition from dictatorship to democracy.
That is
why the centrepiece of GPA reforms is a parliamentary
committee-driven
constitution-making process under the direction of Copac.
While drafting of
a new constitution has begun, steps leading towards an
all-stakeholders’
conference, parliamentary approval and a referendum and
back to parliament,
presents new pitfalls and perils.
By most
accounts, the GPA has managed to stabilise the situation and restore
some
normalcy. On the surface, the situation now is dramatically different
from
what it was before 2009, although beyond the veneer of peace and
stability
lies the reality of an unreconstructed authoritarian system and
political
maelstrom — a turbulent transition underway.
However, one of the
biggest problems of the GPA, which has not been closely
scritunised, is some
of its inherently undemocratic dimensions and rough
edges.
Although the
GPA was useful for its original purpose, its premise was not
suitable for
rebuilding democracy.
The issue of the constitution-making process,
by-elections and expected
general elections help to illustrate the point.
Perhaps a question does that
even better: how can an undemocratic framework
be used to restore democracy?
The ongoing Copac constitution-making
process shows beyond reasonable doubt
the GPA is undemocratic in certain
respects and thus problematic in terms of
background, context and structure.
The exercise is driven by a parliamentary
committee whose members are
selected from the three parties in parliament.
This means only Zanu PF and
the two MDC parties are represented in the
process, while all other parties
outside parliament are not. Civil society
and other stakeholders were only
incorporated after making noise as a
window-dressing
exercise.
The reality is Copac by its very nature is controlled by
the three parties
in the GPA. The rest of the groups and so-called experts
were co-opted to
mask the unrepresentative nature of the process. Thus Copac
is undemocratic
in character and content. It is a democratic
smokescreen.
The other thing is by freezing by-elections, the GPA
undermined the
constitutional, legal and democratic rights of people living
in 27
constituencies who have not been able to choose new MPs. Tie this to
the
constitution-making process which is controlled by MPs, it means some
Zimbabweans were actually closed out of the process even if the
stage-managed outreach programme was taken to their constituencies where
they have no elected representatives.
How can an agreement
between three parties in which the constitution-making
process — a historic
exercise of national significance that seeks to shape
the future and destiny
of a country and people — monopolised by a narrow
section of society at the
expense of vast swathes of varied and competing
interests help to restore
democracy? Indeed, how do you restore democracy by
freezing democratic
processes, in this case by-elections.
Even though there were
extraordinary political circumstances used to justify
the aberrations in the
democratic process, still you can’t restore democracy
by icing it
up.
While GPA still offers the most workable and coherent framework for
credible
elections, it has also helped stymie democracy by shutting out
other voices
from the unfolding political processes. Evidently, the three
GPA parties are
negotiating in their own interests and cutting deals to suit
their political
designs ahead of elections.
Thus attempts to level the
playing field may end up making it even more
patchy and bumpy for other
parties.
That is why the facilitation team has conceded small parties
outside the GPA
and government should participate in these national
processes, including the
constitution-making project and preparation for
elections.
Zuma’s team on Monday met Zapu, MDC99, Ndonga and the
Democratic Party, an
admission of GPA flaws.
By Dumisani
Muleya
dumisani@zimind.co.zw
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:56
Fatou
Bensouda
I WOULD like to introduce the idea of a new paradigm in
international
relations, which was introduced by the work of the drafters of
the Rome
Statute and the establishment of the International Criminal Court
(ICC).
This idea is that of law as a global tool contributing to world peace
and
security.
I believe in law as power for all; it is the
ultimate weapon that the weak
have against the strong. Indeed, when
implemented equally and fairly, the
law sets one standard for everyone; it
empowers all peoples and provides
justice for all. It does not allow any
individual or any segment of society
to override or manipulate it, if backed
by good institutions.
As Aristotle once said: “Law is order, and good
law is good order.” Good
order can only be brought about by good
institutions. But what about the
international context? How are we supposed
to counter and prevent massive
crimes of global character such as genocide,
crimes against humanity and war
crimes? We need institutions: more
comprehensive institutions of
international character.
The Rome
Statute that created the ICC is a reflection of this idea: a
judicial
institution to contribute to the prevention of massive atrocities
by adding
an independent and permanent justice component to the world’s
efforts to
achieve peace and security. To quote William Sloane Coffin: “We
must be
governed by the force of law, not by the law of force.”
Justice
William Douglas said: “Law is essential if the force of arms is not
to rule
the world. “The most important aspect of the rule of law, both in
the
international and domestic contexts, is the protection of individuals
and
citizens.”
Similarly, with the advent of the ICC, the individuals
that are nationals of
states are protected not only at the domestic level,
but also at the
international level. Today, 2,4 billion people are under the
protection of
the Rome Statute system of global justice.
However,
it is important to note that states themselves benefit from ICC
protection.
The make-up of the states parties of the court is quite
revealing. Our 121
states parties come from the three regions that have
taken the lead in terms
of international justice efforts: Africa, Europe and
South America. Their
decisions were not just based on principle but realism.
These regions
have suffered from massive crimes and eventually learnt that a
national
state acting alone cannot protect its citizens from these
cross-border
crimes.
Europe has seen how massive crimes spilled over during the Nazi
regime and
the Balkan conflicts, whereas South America and Africa witnessed
similar
atrocities throughout the Cold War. Africa also suffered the Rwandan
genocide, which resulted in the death of almost one million people and flows
of refugees into neighbouring countries. This exodus was the root cause of
the Congo wars, which killed four million people.
A few years
ago, the Ambassador of Costa Rica to the UN explained why his
country was so
active in the Security Council on the issue of Darfur and why
Costa Rica had
shown leadership on an issue apparently so far from its
interests: “There
are 26 countries with no armed forces in the world; Costa
Rica is the
biggest among them”.
Thus, Costa Rica perceives promoting the rule of law on
an international
level as a matter of domestic
security.
Similarly, Christian Wenaweser, Liechtenstein ambassador to
the UN and
former ICC president, said states parties are under ICC
protection,
indicating the rule of law is a fundamental cornerstone of the
international
criminal justice system.
The answers to the
questions of how to stop the genocide in Darfur, or how
to prevent a new
cycle of violence during the next elections in Kenya, lie
with the
preventive ICC impact.
Since the inception of the ICC, the office of
the prosecutor has opened
investigations and brought cases in seven
situations: Uganda, the Democratic
Republic of Congo (DRC), Central African
Republic (CAR), Darfur, Kenya,
Libya and Côte d’Ivoire (and lately Liberia).
The office is also engaged in
preliminary examinations in Honduras, the
Republic of Korea, Afghanistan,
Nigeria, Guinea, Colombia and Georgia. These
cases reverberate across the
world.
For instance, quite recently,
the court rendered its decision on Thomas
Lubanga Dyilo and found him guilty
of enlisting and conscripting children
under the age of 15. Even before the
final decision, the trial process had
helped trigger debates on child
soldiers and child recruitment in countries
far from DRC like Colombia and
Sri Lanka. Nepal and Somalia started taking
measures against the
conscription of children.
This is the effect of what UN Secretary
General Ban Ki-Moon has depicted as
“the shadow of the court” — its
preventive impact.
The Jean Pierre Bemba case is also illustrative of the
preventive impact of
the court. According to our evidence, Bemba clearly
failed his
responsibility to stop and prevent his militia forces from using
rape as a
weapon of war. The ICC’s decision will influence the behaviour of
thousands
of military commanders from the 121 states parties, and
beyond.
This is what we have been doing for millions of victims of
ICC crimes in
Uganda, DRC, CAR, Darfur, Kenya, Libya and Côte d’Ivoire. We
have done it
with the strong co-operation of African states parties, and
African civil
society.
However, this is unfortunately not the
story relayed in the media. Instead,
we hear criticism about our so-called
“focus on Africa”. Anti-ICC elements
are working very hard to discredit the
court.
But with due respect, why should we focus on the propaganda of
a few
powerful, influential individuals, and forget about the millions of
anonymous people that suffer from their crimes?
Indeed, the
greatest affront to victims of these brutal, unimaginable crimes
is to see
those powerful individuals responsible for their sufferings trying
to
portray themselves as the victims of a “pro-Western” court.
Our focus
is on individual criminal behaviour against innocent victims. My
focus is on
Joseph Kony, Bosco Ntaganda, Ahmed Harun, Omar al-Bashir.
The world
increasingly understands the role of the court. As Africans, we
know that
impunity is not an academic, abstract notion.
International justice
gives power of leadership to small and medium
countries, not the power of
arms, to protect their citizens and their
territories. Political leaders can
lead efforts for international justice in
the global arena by supporting the
ICC.
Senegal was the first country to ratify the Rome Statute in
2002. South
Africa refused to invite President Omar al-Bashir to the
inauguration of
President Jacob Zuma in 2009. Botswana President Ian Khama
has consistently
expressed his strong support for the work of the court.
Just recently, the
Foreign Affairs minister of Zambia stated that al-Bashir
would “regret the
day he was born” if he tried to enter Zambia. These
countries, these
leaders, are showing leadership.
The ICC sets a
very clear and basic limit: violence cannot be used to gain
or retain power.
These leaders have understood this, and factored it into
their relations
with others. Cases in Kenya and Côte d’Ivoire sound a
warning.
Bensouda is ICC prosecutor-elect. This is an abridged
version of a keynote
speech she delivered at a recent conference in Cape
Town.
http://www.theindependent.co.zw/
Thursday, 14 June 2012 17:44
A KEY requisite
for a viable, successful and growth-oriented economy is
business
confidence. When a businessman lacks confidence in the viability
and future
of the economic environment in which he operates, he becomes
despondent and
depressed, thereby diverting attention from the requirements
of his
business.
This interferes with decision-making and stimulates
myopia to circumstances
and developments which necessitate such decisions.
Consequently, the doom
and gloom perceptions concerning the future of the
business become
self-fulfilling prophecies.
The lack of
substantive confidence in the survival and enhancement of the
economy in
general, and that of the business in particular, has been a
pronounced
characteristic of most of Zimbabwe’s business community for many
years. The
absence of this confidence has progressively intensified that it
has wholly
absorbed the minds of a great majority of the Zimbabwean
population in
general.
The causes are manifold, and for a long time wholly
justified the negative
perspectives of most in the business world. Many
people became increasingly
convinced that there could not be, and would not
be, any change to the
adverse circumstances. The ensuing pessimism has
provoked continual
disbelief in any of government’s declared intents to
address the negative
causes of economic depression, with the result that the
business community
fails to exploit such changes to economic
policies.
The negative perceptions on the economy have been caused by many
factors and
developments, including:
Rampant
hyperinflation that prevailed during 2006 to 2008. Inflation
soared
upwards exponentially, to unprecedented global levels that exceeded
maxi-trillions per cent, virtually unmeasurable by statisticians. As a
result, most of the populace became increasingly impoverished consumers
whose purchasing power continuously diminished, thereby reducing business
revenues, whilst very severely increasing operational costs. Enterprises
which had operated successfully for many years became weaker, their asset
bases and capital resources continually eroding and becoming insufficient to
assure the survival and future viability of operations. Key factors driving
business despondency included:
Pronounced government
authoritarianism and bureaucracy, including
intense exchange controls,
gravely hampering importations, intensifying
operational costs, restricting
crucial changes in business policies.
Decline in the productivity of
employees, whose attentiveness to
effective fulfillment of their duties
progressively declined as the
economic pressures impacting upon them
overrode their focus on jobs, duties
and obligations. This circumstance was
further compounded by many employees
peremptorily terminating service to
seek greener pastures.
Intense deterioration in the provision of
service by state utilities,
parastatals and local authorities. This included
diminished and erratic
availability of energy, water supplies, services such
as refuse removal, and
deterioration of infrastructure such as
roads.
Aggressive, domineering, actions by government ministries and
agencies
related to business operations, including the imposition of direct
and
indirect taxation, and compliance therewith.
General
inability to source funding to replace lost working capital,
with that
available being at prohibitive costs, and usually available for
very limited
duration.
Aggressive, irrational, and destructive pursuit of
government policies
of indigenisation and economic empowerment, resulting in
well-founded fears
of losses of business ownership and control, concurrently
with absence of
any just and fair compensation for the enforced divestment
of business
ownerships.
Endless friction and conflict within the
political environment, creating
ever-increasing private sector conviction of
intensifying political
instability and concommitant national unrest, with
allied economic
instability.
Fears of intensifying crime
including corruption, theft,
asset-misappropriation, as more and more of the
population became
increasingly impoverished.
Markedly
deteriorating labour relations as economic ills and hardships
intensified
the demands of employees, where they had total disregard for
the inability
of employers to meet such demands while retaining operational
viability.
These are but a few of many factors which have occasioned
the despondency,
depression and pessimism of most of the business community
to such an extent
that it has, with a few exceptions, been unable to
recognise any positive
developments ameliorating the extent of the ills, and
creating barriers to
recognition of opportunities to strengthen and enhance
business.
But the reality is that, notwithstanding that Zimbabwe
is still plagued by
many ills including continuing political instability
and friction, many of
such ills have considerably diminished. Of the
positive changes (which are
not receiving due recognition) is the total
cessation of hyperinflation,
with Zimbabwe’s inflation levels now being
considerably lower than
prevailing almost anywhere else in Africa, and very
considerable relaxations
in exchange controls.
Little or no
recognition is given to such positive developments, focus being
narrow-mindedly concentrated upon those ills that still exist. Therefore,
business confidence continues to wane, thereby constraining the pace of
economic recovery. All bad news is taken as fact, even if not verified,
whilst any good news is cavalierly dismissed as being devoid of foundation
and substance.
By Erich Bloch
http://www.theindependent.co.zw/
Thursday, 14 June 2012
17:40
MUCKRAKER’S attention was drawn last Saturday to a front-page
picture in the
Herald which showed ANC secretary-general Gwede Mantashe
looking distinctly
uncomfortable as he tried to wriggle free of the clutches
of the president.
President Mugabe was welcoming Mantashe to a
regional meeting of former
liberation movements. Mugabe had hoped the ANC
would help him deal with the
South African judiciary which has proved
persistent in pursuing Zimbabwean
human rights offenders. South Africa would
abide by the rule of law, he was
told.
It may be recalled that the last
time he was here, Mantashe promised
assistance to Zanu PF’s election
campaign. He got into so much trouble with
that pledge, which was
immediately dropped on his return, that he clearly
decided to keep his mouth
closed on this visit and to avoid too much in the
way of smiles and
hugs.
Hence a rather severe looking Mantashe who has taken a tip from
Thabo Mbeki
who mastered the art of being slippery when finding himself
locked in a
presidential embrace. Mbeki used to do a funny little dance to
escape.
Anyway, we would be intrigued to know what came out of the liberation
movements’ deliberations. Not a lot we gather. None of them want to be too
closely associated with a rogue party. Ask Mrs Banda! And by the way, what
is Botswana’s status? One minute the BDP was in with the comrades, according
to the Herald, the next it was out.
We loved the Zapiro cartoon of
Ludwick Mamabolo winning the Comrades
Marathon in Durban. “At last a comrade
we can be proud of,” the caption
read.
It was interesting to
hear that the president is not only active in office
but hard-working at
home as well. He is up at 5am, according to a puff-piece
on Grace Mugabe
appearing in the Sunday Mail and Herald and clearly designed
for election
purposes.
“It is my husband who gets up out of bed first,” the First Lady
relates.
“Obviously because he is the man of the house he has to open the
doors for
workers to come in. He does that every day. I do not have to get
up. He
wakes up at around 5 o’clock and wakes the children up,” she
says.
“I always tell him that he is spoiling them, they are grown-ups. I am
telling you,” Grace says, “he will go to their rooms, knock on the door,
enter, wake them up, run the tap for them.”
The president is also
punctilious in attending gym. He does his exercises
religiously, we are
told.
The Mugabe household is very quiet. Mum is quiet, Dad is quiet and the
kids
are quiet. But there is obviously the occasional chastisement. “Spare
the
rod and spoil the child,” Grace believes.
Grace represents
herself as “a very humble person who likes to dress well”.
But on the
“alleged” shopping sprees, she said: “They will say that because
if they
can’t get at (President) Mugabe they have to find a soft spot to get
at
him.” But she is not as soft as people think, she says.
On the upcoming
elections: “I think with the ways things are at the moment
and if what I
hear is true, our party (Zanu PF) stands a better chance.”
Better than what,
we wonder?
Asked about the 2008 election campaign she said it was
her duty as a
Zimbabwean “to rally the nation against Western
aggression”.
The country was almost overrun by “the enemy”, she declared in
her Sunday
Mail interview.
“So I decided I could not watch things take
the direction that had not been
anticipated and I had to play my part as a
citizen of this country. Of
course a lot of people said a lot of things
putting words into my mouth.”
Grace reminds us that she and her
husband have been empowered through the
land reform programme. They have
about 2 000 head of cattle and the second
largest dairy in the region with
advanced milking equipment. There is also
the Grace Mugabe Orphanage and
primary school funded by a US$7 million grant
she sourced from the Chinese
government.
She rebuts reports that there was a flourishing orchard
when they
dispossessed the elderly couple who lived there at Iron Mask Farm.
“There
was nothing, absolutely nothing. The oranges that are there today are
the
ones I planted four years ago.”
It was useful to have this on the
record. Here is the public media being
used as a platform for President
Mugabe’s election campaign. Headings such
as “The president is my best
friend” and “President still fit says First
Lady” tell the story, although
we found the heading “Man-Woman Iron Lady” a
tad curious. The Iron Lady is
of course the title of a film launched
recently on the career of Margaret
Thatcher!
The Mugabes will soon be adding value to their milk
products, we gather, so
they can “make a little bit more money for ourselves
and of course the
workers”. That will be an opportunity for the purchasing
public to make
decisions about what products they want to buy.
We would
have also wanted to know of the progress in the payment of the
reportedly
more than US$345 000 the Mugabes owe Zesa since business seems to
be going
so well.
For those with short memories, Grace in 2008 went to
Shamva where huts had
been burnt and denounced Morgan Tsvangirai saying he
would never be allowed
to set foot in State House.
“Even if people vote
for the MDC, Morgan Tsvangirai will never set foot
inside State House,” she
said. “He will only hear what it looks like inside
from people who have been
there. Even if Baba loses, he will only leave
State House to make way for
someone from Zanu PF.”
Nobody put that in her mouth!
Leaving
that aside, has anybody ever asked Zanu PF and political militarists
why
they are bothering with elections if they don’t intend to respect the
outcome? That is surely the question we all should be asking the president
and his followers? Isn’t it the antithesis of democracy?
And abusing
South African judges, calling them “Boers”, does nothing for
Zimbabwe’s
reputation, nor South Africa’s as Mantashe has obviously
realised.
President Mugabe said the time is now ripe for the
holding of elections as
the propaganda onslaught sponsored by Britain has
continued with the
“pirate” radio stations.
ZBC reports that Mugabe said
though the Global Political Agreement clearly
states the need to stop hate
speech, pirate radio stations continue to
“assault” Zanu PF.
“The British
government decided to create through its Westminster Foundation
the MDC, he
said.
“Subsequently, the British went on to fund an explosion of
print and
electronic media, all to assault Zanu PF. This is against the
principles of
the GPA,” Mugabe said.
The only “pirate” broadcaster we see
is ZBC which masquerades as a public
broadcaster while pandering to the
whims of Zanu PF. They continue to demand
the outrageously exorbitant US$50
licence fee despite the ubiquitous
satellite dishes, testimony to viewers’
revulsion at their programming.
Clearly very few, if any, still watch ZBC and
for them to continue to reap
where they do not sow is tantamount to
extortion. ZBC are the real pirates!
‘Renowned human rights
activist and former United States Congressman,
Reverend Jesse Jackson has
commended the Head of State and Government and
Commander in Chief of the
Zimbabwe Defence Forces, President Robert Mugabe
for spearheading economic
empowerment programmes, saying equitable
distribution of resources is
fundamental in addressing poverty,” ZBC crowed
last Sunday.
These
sentiments were reportedly expressed during an impromptu meeting with
Zimbabwe’s head of delegation to the just-ended 2012 KP Intersessional
meeting in Washington DC, Mines and Mining Development minister, Obert
Mpofu.
The word “renowned” was continuously used in the report in
describing the
civil rights leader.
Reverend Jackson “spoke highly” of
President Mugabe, we are told, stressing
that equitable distribution of
resources is critical in addressing poverty
as well as social inequalities
and expressed his support for the land
redistribution
exercise.
This would be an about-turn on the reverend’s part
considering his previous
views on Mugabe were far from
flattering.
Speaking on CNN in 2008, Jackson described Mugabe as a “heresy to
democracy”.
This was after Mugabe defied international pressure to cancel a
run-off
election marred by allegations of intimidation and the withdrawal of
his
opponent.
“Well, he was a hero,” Jackson said.
“Now, he’s
kind of a heresy to democracy. That’s why the AU and others must
step up
their diplomatic initiatives, one, to get humanitarian relief back
into
Zimbabwe; two, to get a free press back in to talk to both leaders
about
some kind of reconciliation.
“The opposition withdrawal today is really a way
of saying they cannot take
the heat of violence. And so the people there
deserve an open, free and fair
democracy. And we must somehow reconcile
these two extremes. We cannot, as
it were, leave Zimbabweans suffering in
isolation,” Jackson had said.
He wasn’t so “renowned” then in ZBC circles, we
are sure!
The Michael Sata “comedy” show was in London last week
and Zambian Foreign
Affairs minister Given Lubinda was at pains to defend
his boss’s sycophancy
to bemused Zimbabweans living in the United
Kingdom.
“President Sata must be commended and not condemned for the role he
is
playing in bringing democracy back to Zimbabwe,” claims Lubinda.
“Mr
Sata has a special gift of calling a spade a spade, which is the only
way to
proceed right now as Sadc tries to find a lasting solution to
political
problems in that country,” he said.
We would rather pass up on Cde
Sata’s “special gift”, thank you very much
Given.
He also said the level
of engagement between Sata and his Zimbabwean
counterpart is a “healthy and
productive one”, which will eventually result
in the democratisation of
Zimbabwe for the benefit of Zimbabweans.
We tend to agree with
Zimbabwe Vigil coordinator Dumi Tutani who said Sata
should take a cue from
his previous job before he joined politics.
“Mr Sata used to sweep the floors
clean (at Victoria Station) and we want
him to clean his mouth when he talks
about Zimbabwe,” Tutani said.
“We will not stop until he changes and starts
respecting Zimbabwean people.”