From The Financial Times (UK), 3 March
Mugabe gets his way over judge
Harare - Zimbabwe President Robert Mugabe appeared on Friday night to have won the latest round in his campaign to eliminate any opposition to his regime when the country's chief justice agreed to step down early. Anthony Gubbay, whose repeated refusal to leave office had brought Zimbabwe to the brink of a constitutional crisis, on Friday in effect agreed to go immediately. In a joint statement with Patrick Chinamasa, the justice minister, the judge, who had earlier insisted he would not take early retirement under duress from the government, said he had now agreed to leave office on July 1. That is 10 months ahead of his planned retirement date.
Legal analysts said Mr Gubbay, who had been ordered to leave office on Wednesday, had caved in to government pressure, as he will be on leave for the next four months and will not sit as a member of the supreme court during this period. A militant supporter of Mr Mugabe had confronted Mr Gubbay and warned him to obey the government or face "war". Joseph Chinotimba, who this year led a mob of war veterans into the supreme court in a protest against judges, said he had arrived unannounced and persuaded police guards to let him into Mr Gubbay's chambers. "The police let me in because I am big. I told him [Mr Gubbay] to vacate the office today. If he wants to appeal he can appeal while he is at home," Mr Chinotimba said after his meeting with Mr Gubbay, which lasted about an hour.
The government has agreed that Mr Gubbay can remain in his official residence until the end of the year and that during his leave he will be entitled to use his office and enjoy his salary and all other benefits. His pension, too, will be honoured by the Zimbabwe government. Mr Gubbay has agreed to the appointment of an acting chief justice during his leave, while Mr Chinamasa says no steps will be taken to "unlawfully" remove any members of the bench. Analysts said the latter statement was intended as a fig leaf to demonstrate that the judiciary has saved some face by securing a verbal guarantee that there will be no further persecution of supreme court judges or the half dozen white members of the high court bench. One analyst said: "In any negotiations you don't get everything you want; there is always a compromise."
But while there is some relief that an ugly confrontation between the courts and the government's supporters has been averted, there is no disguising the fact that Mr Mugabe appears the victor. The next crunch will come when the government nominates a successor to Mr Gubbay, likely to be Mr Justice Godfrey Chidyausiku, a party loyalist and former government minister.
Note : we believe that Joseph Chinotimba was not allowed to meet Justice Gubbay face-to-face, but had to settle for a phone call from the court building.
From The Guardian (UK), 3 March
'They say the law can burn in hell...'
Agrippa Mukando was walking near Robert Mugabe's official residence on Monday when soldiers guarding the grounds leapt on the 63-year-old gardener and accused him of being an opposition supporter. They beat him as they beat several others that day. In many African countries the all-too-common victims of assaults by soldiers consider themselves lucky to escape with their lives. They would laugh off any suggestion that they go to the police; that would just invite more trouble. But in a telling act of faith in what remains of the rule of law in Zimbabwe, Mr Mukando headed for Harare central police station and laid charges. Other victims did the same. The complaints are not likely to come to anything; the police are now too deeply compromised by their failure to stop the violence unleashed by Mr Mugabe's "war veterans" and other thugs.
In much of Africa, the rule of law long ago ceased to be more than a meaningless phrase. Due process was sacrificed to the arbitrary decisions of the powerful. Zimbabwe stands on the edge of that abyss. As Mr Mukando demonstrated, some Zimbabweans still have faith in the judicial process, although the courts are more trusted than the police, but it is being eroded by the week. The Harare township of Chitungwiza is living in terror of armed thugs unleashed by the government. Sometimes it is the army on the rampage, sometimes it is men too young to have fought Ian Smith's regime but who still call themselves veterans. Their tactics are not always the same but their intent is.
The gangs burst into bars and night clubs, forcing revellers to lie on the floor. Anyone giving a hint of supporting the opposition is singled out for a severe beating. The rest are forced to sing songs in praise of Mr Mugabe's Zanu-PF, and the liberation war. Charity Gwanzura did not even have to leave her home to become a target. "I was sitting in my house and I looked up and there was a soldier standing there," she said. "I didn't understand at first. I thought maybe he was looking for someone or wanted some water. I was about to speak when he smashed his foot down on my table. I couldn't run because he was between me and the door, and then he started hitting me. He never said a word."
It did not take long for the soldier to get bored with beating Mrs Gwanzura. All along the street, doors were kicked in and furniture smashed. When the sound of breaking wood stopped, the screams began. Men were hauled into the streets and forced to pledge support to Robert Mugabe and to sing songs praising him. Then the army left as fast as it arrived. The army and war veterans are intent on breaking the opposition's spirit. It is working to some extent. Many are disillusioned at the opposition's apparent powerlessness and inactivity. Its MPs make a lot of noise in parliament, Chitungwiza's residents say, but that does not stop the terror.
Mrs Gwanzura says the attacks are also having another effect. "I'll tell you what has changed. A year ago you could have been a Mugabe supporter living in this street and no one would have touched you. They would have said you are a fool or asked how much Mugabe is paying you, but you would have been safe. That is not true now. People are angry. "They tried to get the police to protect us but now they say the police won't help. It has been made a crime to read a newspaper. They say the law can burn in hell with Mugabe, we are going to look after our own interests. They will make criminals of all of us. They have unleashed something."
The "war veterans" in particular are above the law. One of their more notorious leaders, Joseph Chinotimba, is on bail for the attempted murder of a neighbour he is alleged to have shot because she is an opposition supporter. It is unlikely he will ever be brought to trial, but yesterday he turned up at the supreme court anyway with a handful of thugs to threaten Zimbabwe's white chief justice, Anthony Gubbay. The trampling of the law by the government has been widespread and systematic. White farmers and black workers are murdered with impunity. The killers identities' are frequently known. Similarly, the killers of opposition activists are free from the threat of arrest. Reporters have been illegally detained and tortured.
If anyone is in any doubt about the government's view of this they only have to listen to Mr Mugabe's ministers. The information minister, Jonathan Moyo, told new police officers this week that maintaining the "rule of law" does not mean obeying the courts but rather "upholding the gains of the liberation struggle". Any court judgments which "might result in moving away from Zimbabwe, back to Rhodesia, cannot be considered the rule of law", he said. He means court rulings that have declared the land seizure programme illegal. Questioned about the use of repressive colonial-era security laws to detain opponents, the defence minister, Moven Mahachi, said that if the internal security act was used to convict innocent blacks under Ian Smith then there was no reason why the present government cannot do the same.
And for all the independence of many judges, the courts are increasingly used not only as political weapons but to settle scores. Last week a bus driver was jailed for three years after being convicted of attempting to murder Mr Chinotimba. The inappropriately named Luckmore Chakanyuka was set upon by war veterans at a roadblock after an argument about driving standards. In his terror, Mr Chakanyuka jerked his bus forward. He was promptly arrested for trying to "kill" Mr Chinotimba. The court despatched the bus driver to prison. Mr Chinotimba still walks free.
Editorial from The Guardian (UK), 3 March
Arrest Mugabe
Zimbabwe's President Robert Mugabe is due to visit the European commission in Brussels on Monday before travelling to Paris the following day for a meeting with President Jacques Chirac. This is a good opportunity to arrest him. Mr Mugabe has a strong prima facie case to answer; and there is justification for such action in terms of law and current international treaties.
When Poul Nielson, the Danish development commissioner, sits down to lunch with his guest, he should ask for starters what Mr Mugabe makes of this week's US state department condemnation of his egregious, systematic abuse of human rights. "Significant intimidation by the ruling party and security forces", "a government-sanctioned campaign of violence", "frequent refusal to abide by court decisions", and "serious human rights abuses" including "killings, torture and beatings" are some of the phrases that jump out.
For main course, Mr Nielson should demand to know why Mr Mugabe is still blocking publication of the findings of two commissions of inquiry into the 1982-87 Matabeleland massacres which occurred when he was in charge and in which up to 20,000 people died. A Zimbabwe supreme court ruling last July that Mr Mugabe should come clean has been ignored. For afters, Mr Nielson might ask whether Mr Mugabe would agree that his frequent inflammatory statements, his incitement of racial hatred, and the consequential deaths last year of over 31 people amount to personal criminal culpability on his part.
Although the EU is committed to a "critical dialogue" with the Zanu-PF regime, the commission would have been better advised to deny Mr Mugabe this status-enhancing personal visit. It says that since Zimbabwe is not under UN or EU sanctions, there is nothing abnormal about the get-together. On the contrary, there is nothing normal about this man or his recent and past actions. Rather than being given the red carpet, he should be helping the Belgian police with some of the above inquiries.
Mr Chirac, too, has good reason to be ashamed of himself. This is one smartypants Parisian demarche too far. But if he insists on going ahead with Tuesday's meeting, he should ask how Mr Mugabe squares his repressive policies with key UN covenants on political, civil, social and cultural rights which his regime signed in May, 1991. What about the UN's basic principles protecting judicial independence? What about the UN convention on racial discrimination (which Mr Mugabe also signed)? Since Zimbabwe's own constitution is now as degraded as his reputation, Mr Mugabe should be asked to explain why his flagrant disregard for common standards and binding treaties should not now be the subject of judicial inquiry, perhaps both civil and criminal, here in Europe.
Sadly, neither Mr Chirac nor Mr Nielson are likely to call for the cops. And in response to a civil suit filed by four of his victims in New York, Mr Mugabe applied this week for US immunity. As a serving head of state, he no doubt believes that immunity will apply elsewhere, too, and that he can thus escape Pinochet's fate. But legal experts say that is no bar, for example, to concerned French or Belgian citizens asking an examining magistrate to detain Mr Mugabe when he arrives in their countries pending inquiries into his alleged complicity in crimes against humanity in Matabeleland and the ongoing flouting of international law by the regime he heads. It may not work. But given the stakes, it is surely worth a try.
From The Times (UK), 3 March
Mugabe rival urges Blair to back off
Our correspondent in Harare interviews a thorn in the President's side
THE opposition leader fighting Robert Mugabe for the presidency is urging Tony Blair and his Cabinet not to launch a new war of words with Zimbabwe's ageing leader. He fears that it will only provoke a rush of violent attacks on his own supporters. Morgan Tsvangirai, leader of the main opposition MDC party, said: "Of course Mr Blair is appalled at what Mugabe is doing, we all are. But I'm afraid the more Mr Blair condemns him, the more it plays into Mugabe's hands." He is also pleading with the Prime Minister to reconsider the decision to pull out the British Army training team from Harare as he predicts that the Mugabe Government could retaliate with more expulsions of churchmen, journalists and any other critics the President seeks to remove.
Squeezing his fists together to emphasise the threat, the 47-year-old politician beats the table and says: "Mugabe is cornered and has nothing else to use in his election campaign except intimidation. But believe me, if Tony Blair or any of his ministers lay into him then sadly Mugabe benefits." The 77-year-old President makes no secret of his personal hatred of the entire Labour Cabinet and delights in playing what Mr Tsvangirai calls the "emotional race card". "People will forget the many things Mugabe has done to them compared to the wrongs of colonialism." There is a barely a day when the state-controlled press does not feature a scathing assault by one of Zanu PF's ministers about the evils of Britain, and in particular Mr Blair, which prompts Mr Tsvangirai to burst into laughter, saying: "He should feel good that he can upset our President so easily."
What he wants is for Britain to use its diplomatic influence in Europe and America to turn Mr Mugabe into an international pariah and cut off funding to his Government, as painful as it will be for his people. The President in waiting, as his staff call him, is reluctant to say whether he will jail Mr Mugabe if he wins the election, which is expected by the summer. "We know he has committed many crimes. Thirty-two of my people were killed in the last election and it is hard to control the anger and the desire to see him pay." But, like Nelson Mandela in South Africa, this former trade union leader wants his ravaged country to move forward. "Criminal trials of Mugabe and his cronies would just reopen wounds and we have to mobilise our people to rebuild," he said.
Whether that constitutes some sort of amnesty, he won't say but the smile returns to his wide, handsome face as he says: "Personally he can sit in retirement under a bush somewhere, a senile old man brooding on his loss of power for all I care." He refuses to resort to personal insults, despite ample provocation from Mr Mugabe who boastfully claims that he was born to lead while Mr Tsvangirai is only fit to be a train driver. The pair were once allies until some of Mr Mugabe's cronies tried to throw him out of his 10th floor office window one night in December 1997. He was beaten unconscious and only saved by the unexpected return of his secretary. As a reminder of what his opponent is capable of, he has kept the bloodstained carpet.
"I used to be able to talk to him but not now. It's very sad. He is not the same man. There has been a shocking transformation in him in the last three years. All the honour he had as father of our new nation is washed away in blood now." He has lost count of the number of hospital visits he has made these past months to see colleagues beaten senseless by men in army uniforms. One of his fellow MDC MPs was attacked in his house earlier this week and he and his pregnant wife had to run and hide for the night in a maize field. The previous evening the same gang had tried to shoot him.
"You do not have to have a crystal ball to see this election coming will be the most violent in our history. God knows how many MDC people will die just for supporting our cause," he says. Despite the many death threats he has received, Mr Tsvangirai refuses to cocoon himself with bodyguards. He is sitting in the garden of his modest villa in the northern outskirts of the capital Harare, and the only member of staff is a teenage boy answering the front gate. Some of his seven children wander back and forth and, pointing in their direction, he says: "It's them I worry about, not me. I have to stand up but I really fear this Zanu PF lot are capable of anything."
Stretched out in a sun lounger, there are no spin doctors or minders and he insists on answering his own mobile telephone. Some, even within his own party, accuse him of being too relaxed, but he says: "I can't win. If I was to crack down on some of my MPs' remarks and surround myself with staff, I would be accused of being another Mugabe." To ensure that he never will be, Mr Tsvangirai vows to promote a change in the Constitution to limit himself, and everyone else, to two terms of office. He is scathing at Mr Mugabe's conspicuous extravagance and, roaring with laughter, pledges that his wife Susan will not have a credit account at Harrods as Grace Mugabe does. His idea of indulgence is a glass of white wine with friends as they plot tactics. He pats his generous stomach and says that he has too much of a fondness for food which he contrasts to the bizarre diet that the President attributes to his health and longevity.
Mr Tsvangirai mimics the President's birthday address that revealed he has seven different porridges for every day of the week and an egg boiled for precisely a minute. He admits to feeling uncomfortable at the prospect of moving into State House, the old colonial Governor's home and now Mr Mugabe's official residence. He admits that three years ago few Zimbabweans knew who he was, but he is now favourite to beat President Mugabe - in a fair fight. "Three years ago very few Zimbabweans knew who I was, and I liked that." His broad shoulders flex at his critics' attack that his only political virtue is that he is not Mugabe. "We have a very clear economic programme which relies on us getting out of debt. But if you are asking me if I want to see Mugabe go right away and let another Zanu PF figure stand, then the answer is no. I want to take on Mugabe so please Tony Blair, don't insult our Comrade President until after I win and then you will be our first honoured guest in the free Zimbabwe."
From The Mail & Guardian (SA), 1 March
Mass action is the way to rid Zim of Mugabe
For a man who might soon find himself facing the life-threatening wrath of a former comrade turned despotic head of state, Dzinashe Machingura shows amazingly little concern. Maybe that's because he is better placed than most to know exactly who and what he is dealing with. Machingura (aka Wilfred Mhanda) goes a long way back with Robert Mugabe. One of the second generation of liberation movement leaders, Machingura was arrested and put on trial by Ian Smith's regime in 1971, jumped bail and escaped the country to join the exiled structures of the Zimbabwe African National Union (Zanu). While Mugabe (one of Zanu's political leaders at the time) was still languishing in Smith's jails, Machingura had risen through the ranks of Zanu's military wing, the Zimbabwe African National Liberation Army (Zanla), and by 1975 had taken up a position on the Zanla high command in charge of political and military training. Soon after, he joined other leaders from Zanla and the rival Zimbabwe People's Revolutionary Army (Zipra) in forming a unified but shortlived Zimbabwe People's Army (Zipa).
It was as a leader of Zipa that Machingura first experienced Mugabe's political opportunism and dictatorial approach. Despite making major strides towards unifying the two camps of the liberation movement, resurrecting what had been a dormant armed struggle, assisting in Mugabe's escape from Smith's grip and securing his subsequent release from house arrest in Mozambique, Machingura and the majority of the Zipa high command soon found themselves victims of Mugabe's machinations. Having failed to sideline Zipa during the aborted negotiations in Geneva (where Mugabe tried to sell the British a plan for getting rid of more "radical" elements of the liberation movement), Mugabe resorted to outright thuggery. In what has continued to be a "forgotten" part of Zimbabwean liberation history, Mugabe had succeeded, by early 1977, in having Machingura and hundreds of "troublesome" Zipa field commanders and cadres either incarcerated or killed.
Besides destroying the nascent political, ethnic and military unity of Zimbabwe's liberation movement, Mugabe merged his personal authority with that of the entire "movement" and then proceeded to present himself as the saviour of the Zimbabwean people. The rest is history - but it is a history that is only now beginning to reveal itself fully. Machingura and many other liberation war veterans who managed to survive Mugabe's unrelenting campaign for unquestioned personal power were eventually released after independence in 1980. Consistent with past principle and practice, most made public calls for political unity, a "crime" that was punished by another stint in jail. Released after the intervention of the late Joshua Nkomo, Machingura and other "survivors" slid into the relative safety of political and social obscurity, where they stayed until very recently.
While a long time in the making, the majority of Zimbabweans have, over the past two to three years, had the unenviable experience of being "victims" of Mugabe's (and his Zanu-PF cronies) insidious love affair with the accumulation of both narrow personal and class political and economic power. The full-scale "outing" of this love affair during last year's elections, especially the manipulative use of so-called "war veterans" and the land issue, led Machingura and other (real) war veterans, to feel confident enough in launching a new organisation, the Zimbabwe Liberators Platform (ZLP), to publicly oppose, expose and eventually remove Mugabe. According to ZLP chair Machingura, the party now represents the majority of (real) liberation war veterans, including a substantial number who hold middle and high-level ranks in the army and the CIO. Accordingly, the ZLP seeks to expose the lies behind the role of so-called "war veterans" (being used as Mugabe's personal storm troopers) and to "rescue the ideals and freedoms that informed the liberation struggle".
Machingura pulls no punches about the extent of the challenges. "The Zimbabwean people are not yet free," he says. "We do not have meaningful self-determination and independence. Mugabe has been putting on a mask all along and Zanu-PF has become his personal tool, which he is using as a 'liberation smokescreen'." The "facts", says Machingura, are that Mugabe and his Zanu-PF club of elites have a dominant stake in almost every major industry and sector of the economy, including land, and that "indigenous empowerment" is another "smokescreen for personal and particular class enrichment and gain". Workers have been "left to fend for themselves" and the present "economic meltdown hurts the very urban working class and rural peasantry, that Zanu-PF claims to represent, the most". For Machingura and the ZLP, Mugabe's increasingly shrill white bashing is completely hypocritical since "a majority of government-controlled companies and other enterprises are managed by whites with his blessing".
In light of the above it is not surprising that the ZLP views the approach of the ANC-led government in South Africa as completely misguided. "We have been disappointed with the South African comrades," says Machingura. "They need to understand that Mugabe hijacked the revolution and that he is not serious about any of his supposed 'revolutionary' activities - we are not counting on the South Africans as allies." On the home front, Machingura refers to the "inexperience and naivety" of the opposition MDC, but says the ZLP is "not hostile" and acknowledges that the party has managed to create "an alternative power base" with which tactical alliances can be made to "remove Mugabe". While the longer-term political aims and economic objectives of the ZLP remain hazy, Machingura makes clear that its immediate task is to mobilise people to get rid of Mugabe. "Mass action is the route to go and the people are ready," says Machingura. "Anything short of a 'new' revolution will be inadequate to dislodge Mugabe."