Zimbabwe court upholds election of opposition Speaker

http://af.reuters.com/

Tue Mar 9, 2010 10:17am GMT

* First opposition Speaker of Parliament

* Judge says ballot marking was secret

HARARE, March 9 (Reuters) - Zimbabwe's High Court on Tuesday refused to
overturn the election of the first opposition Speaker of Parliament since
independence, after a challenge by a lawmaker from President Robert Mugabe's
ZANU-PF party.

The ruling will ease concerns within the MDC, which accuses its coalition
partners in ZANU-PF of carrying out actions that seek to undermine the
fragile unity government.

Lovemore Moyo, a senior official from Prime Minister Morgan Tsvangirai's
Movement for Democratic Change (MDC) party, became the first opposition
Speaker in August 2008 after the MDC ended ZANU-PF's majority in parliament
in earlier elections.

But his election was immediately challenged by former information minister
Jonathan Moyo -- elected on an independent ticket but rejoined ZANU-PF last
year -- who argued that the vote failed to meet the test of a secret ballot.

Moyo said some MDC members had openly shown their ballot papers to other
legislators in a move meant to influence them in their voting and that the
whole process was chaotic.

High Court Judge Bharat Patel on Tuesday described the vote as "exuberant"
and said while some MDC members had shown their ballot papers to colleagues,
the actual voting was done in secret.

"It's clear that all members marked their ballot papers in secrecy and none
were coerced to vote for any candidate," Patel said. "The application is
therefore dismissed with costs."

Jonathan Moyo and others lose case against Speaker of Parliament

http://www.swradioafrica.com/

By Violet Gonda
9 March 2010

High Court Judge Bharat Patel has dismissed with costs an application by
Tsholotsho North MP Jonathan Moyo and three other legislators, who were
seeking to nullify the August 2008 election of Lovemore Moyo as Speaker of
Parliament.

Professor Moyo, who stood as an independent in the general elections but has
now rejoined ZANU PF, said that voting for the Speaker of Parliament was not
done by secret ballot and accused MDC-T MPs of influencing the vote by
publically displaying their completed ballots during the election process.

The ZANU PF MP was supported in his court challenge by Moses Mzila Ndlovu,
Siyabonga Ncube and Patrick Dube - legislators from the Mutambara led MDC.
They maintained that the voting had been flawed and chaotic.

On Tuesday Justice Patel agreed the environment was disorderly but ruled
that the election was valid saying: "It's clear that all members marked
their ballot papers in secrecy and none were coerced to vote for any
candidate."

Moyo is reported to be filing an appeal in the Supreme Court against Justice
Patel's verdict. He is quoted on the New Zimbabwe website saying: "The judge
said his understanding of secret ballot is the act of voting in a booth
secretly, not what happens after. That, in our view, is a narrow
interpretation of secret ballot ... it's the ballot paper that must be
secret, not the vote."

"The judge agreed that a number of MPs left the ballot booth with their
ballots which they openly displayed. He said Tendai Biti (Finance Minister
and MDC-T Secretary General) displayed his ballot to other MPs, but
described this as 'impolitic'. We disagree, it was not impolitic but
unlawful," Moyo is quoted saying.

Lovemore Moyo became the first opposition Speaker of Parliament since
independence in 1980, after the MDC-T got its first ever majority in
parliament. Several legislators from the MDC-M and ZANU PF are said to have
voted for the MDC-T official during the controversial election for a Speaker
of Parliament.

ZANU PF did not field a candidate against Moyo, but supported the MDC-M
candidate, Paul Themba Nyathi.

 

State to oppose Roy Bennett’s acquittal

http://www.swradioafrica.com/

By Violet Gonda
9 March 2010

State prosecutor Johannes Tomana closed his case against MDC official Roy
Bennett on Monday after he finished calling his witnesses. The MDC Treasurer
General is facing terrorism charges, which he denies.

As soon as the State said it had no further witnesses to call the defence
argued that the evidence that had been presented so far by the prosecution
was not sufficient for the case to proceed, and that their client had no
case to answer.

Bennett’s legal team said that the prosecution had failed to prove a link
between their client and Peter Hitschmann – who was the State’s key witness.

Lead defence lawyer Beatrice Mtetwa also pointed out that Bennett’s
co-accused, Hitschmann, was in 2006 acquitted of the same charges facing
Bennett.

She further argued that her client was facing charges under a repealed
section of the Public Order and Security Act, and that throughout the trial
the State had failed to produce sufficient evidence to prove that the MDC
official had tried to sabotage and destabilise the government.

One of the defence’s arguments was that the State failed to provide evidence
proving the so-called e-mails which were allegedly sent between Bennett and
Hitschmann were genuine.

The emails allegedly show communication between the two, and how they
conspired to ‘blow up communication lines’. They have both disowned the
emails.

But Mtetwa showed the court that it is possible to create emails, as though
they were coming from a particular email address.

“So we made an application in the court that the case against Mr Bennett be
dismissed before he gives his evidence, because in our view there was no
need for him to stand against something that has not yet implicated him,”
said another of his lawyers, Trust Maanda.

Mtetwa made an application for a discharge at the close of the State’s case,
which was immediately opposed by the prosecutor. The court is expected to
hear the prosecutor’s opposition to the defence application on Wednesday.

Maanda told SW Radio Africa that Wednesday’s hearing will be a continuation
of the State’s argument, after which the court will say it needs time to
look at the submissions and then make a decision.

He said at that point, if the judge accepts that there is no case against
Bennett, he will be acquitted.

But if the judge agrees with the State then the matter will proceed and
Bennett and his witnesses will take to the stand.

 

Civil service unions threaten more demonstrations

http://www.swradioafrica.com/

By Lance Guma
09 March 2010

Leaders from the various civil service unions have resolved to begin a
series of hunger strikes and other forms of protest, at the offices of the
Public Service Commission, until their wage demands are addressed. The
President of the Progressive Teachers Union of Zimbabwe, Takavafira Zhou,
told Newsreel that despite state workers officially returning to work on
Tuesday 'they were only going back to sharpen their instruments of combat'
and the return did not mean an end to their 4 week strike.

'We have agreed that the industrial action continues but it must now take on
a new dimension involving the leadership,' Zhou told us. He accused the
government of deliberately avoiding the unions and this he says is why they
will focus on the Public Service Commission offices in Harare. 'We want to
invite ourselves into their offices and tell them we will not disperse until
and unless we have that meeting,' he said. Some of the leaders have vowed
not to eat any food until then.

Civil servants are demanding a basic monthly salary of US$630, but the
government says it is broke and cannot afford to offer such increments. The
unions have countered by pointing to the controversial diamond wealth that
is being plundered by members of the army and other loyalists in Mugabe's
inner-circle. Zhou told us they needed a meeting with government, to try and
finalize the matter either way. This he said would clear the way to 'refer
the issue for arbitration,' if the two parties could not agree.

Meanwhile Newsreel has also been told civil servants are planning a
countrywide demonstration on the 16th March, to coincide with the opening of
parliament. Zhou appealed to teachers in Harare take part in a march on
parliament as they seek to get MP's to tackle their concerns. Other
demonstrations across the country will target all institutions that they
view as working against them.

 

Diamond firms dodge Parly – again!

http://www.zimonline.co.za/

by Ndodana Sixholo Tuesday 09 March 2010

HARARE – The directors of two firms licensed to mine diamonds at the
Chiadzwa diamond field continued to play truancy with Parliament, dodging
for the second time on Monday a hearing to probe their activities at the
controversial diamond field in eastern Zimbabwe.

Mbada Investments and Canadile Miners – joint venture companies between
state-owned Zimbabwe Mining Development Corporation (ZMDC) and some South
African investors -- did not turn up for the scheduled meeting with
Parliament’s portfolio committee on mines where they were due to explain
their work at Chiadzwa also known as Marange.

The directors of the two firms also failed to pitch up for another meeting
with the parliamentary committee about two weeks ago and irate legislators
yesterday said the committee was considering pursuing contempt of Parliament
charges against the two secretive mining companies.

“We have asked for advice from the deputy clerk because we want to nail
them. We are preparing for that and we want to conclude the process by next
Monday so that on Tuesday we move the contempt of Parliament motion,” a
legislator told ZimOnline.

But committee chairperson Edward Chindori Chininga was non-committal when
asked about the possibility of bring charges against the mining firms
telling reporters his committee will decide by Tuesday what action to take
against the firms.

“Come tomorrow, we will have a clearer position for you but I can confirm
that the two companies did not turn up for the hearing,” said Chininga.

Chininga’s committee two weeks ago warned the diamond miners they could face
contempt of Parliament charges if they fail to show up for hearings on their
companies and their mining activities.

The ZMDC last year partnered little known Grandwell of South Africa to form
Mbada Investments, while also partnering another obscure South African firm
Core Mining and Minerals to form Canadile Miners.

The joint ventures were formed as part of measures to bring mining of
diamonds at Chiadzwa in line with standards stipulated by world diamond
industry watchdog, the Kimberley Process (KP).

But the two companies’ operations in the notorious diamond field are
shrouded in controversy amid revelations that some members of the boards of
the two firms were once illegal drug and diamond dealers in the Democratic
Republic of the Congo (DRC) and Sierra Leone.

The two firms are not known names in the diamond industry with for example
Grandwell known to have been involved in scrap metal dealing in South Africa
before they came to mine diamonds at Marange.

Marange is one of the world’s most controversial diamond fields with reports
that soldiers sent to guard the claims after the government took over the
field in October 2006 from a British firm that owned the deposits committed
gross human rights abuses against illegal miners who had descended on the
field.

Human rights groups have been pushing for a ban on Zimbabwean diamonds but
last November, the country escaped a KP ban with the global body giving
Harare a June 2010 deadline to make reforms to comply with its
regulations. – ZimOnline

Zim should begin food aid scheme: Report

http://www.zimonline.co.za/

by Own Correspondent Tuesday 09 March 2010

HARARE - Zimbabwe should start emergency food relief programmes to areas
that have been affected by drought, while 500 000 metric tonnes (MT) of
maize should be set aside annually to mitigate any food deficits, a joint
government and United Nations' Food and Agriculture Organisation (FAO) crop
assessment report states.

The joint report issued last week follows projections that up to 11 percent
or 200 000 hectares of this year's maize crop in the southern African
country was a total write-off.

"At the time of assessment 54 percent of the maize crop was at reproductive
stage," the report states. "The crop condition was poor to fair in most
parts of the country. A total of about 200 000ha of maize was a total
write-off due to the dry spell."

The most affected regions were Matabeleland South, Midlands, Masvingo, parts
of Manicaland and Mashonaland Central. The maize crop is mostly in fair
condition in the Mashonaland provinces, with some pockets of exceptionally
good crops across the country.

The report recommended that "government should promptly set up the 500 000MT
maize strategic grain reserve; the Grain Marketing Board should avail maize
as a priority to districts likely to be affected by crop failure," adding
that "emergency food relief programmes to areas affected by crop failure"
must be initiated.

According to the joint crop assessment, the maize area had this cropping
season increased from 1.5 million hactares to 1.7 million hactares as a
result of the availability of inputs.

Most parts of the country experienced a prolonged dry spell from mid
December 2009 to the end of January 2010, the report said, adding that the
most affected areas were parts of Matabeleland South, Midlands and
Manicaland.

But towards the end of January 2010 the dry spell broke and heavy rains fell
across most parts of the country.

According to the assessment, the northern provinces have received more
cumulative rainfall compared to the southern areas. As of beginning of
February, the country had received rainfall in the "normal" range, with
Masvingo, Matebeleland South and the southern parts of Manicaland in the
"below-normal" category.

A total of 22 672 tonnes of maize seed was availed through various input
programmes (government, NGOs and other input programmes), the report said.

"This was sufficient to cover 51 percent of the planted area to maize. The
remaining 49 percent was planted using carry over seed, retained grain,
purchases and other sources.

"About 63 000MT of basal fertilizer and 81 000MT top dressing fertilizers
were availed through the different input support programmes compared to 19
147MT and 12 561MT availed last season respectively."

The bulk of the maize crop (54 percent) was planted in November, 39 percent
in December and 8 percent in January, representing a further shift in the
timing of planting, as already experienced last year, the assessment report
said.

Zimbabwe has grappled with severe food shortages over the past decade after
President Robert Mugabe disrupted the key agriculture sector through his
chaotic and often violent land reform programme.

The farm seizures reduced agricultural production by 60 percent resulting in
most Zimbabweans depending on food handouts from international food relief
agencies.

But Mugabe denies that his land reforms - that he says were necessary to
ensure blacks also had access to arable land that they were denied by
previous white-led governments - triggered the food shortages blaming the
crisis on drought and economic sabotage by his Western enemies that he says
crippled the economy's capacity to produce key inputs such as seed and
fertilizers. - ZimOnline

Harare says amended mining law ready

http://www.zimonline.co.za/

by Own Correspondent Tuesday 09 March 2010

HARARE - Zimbabwe's Mines Ministry will this year present to Cabinet an
amended mining law for approval before it is tabled in Parliament, a senior
government official said on Monday although he was not clear whether the
amendment bill will prescribe 51 percent local ownership of all mines.

"The amendment is ready. As you know, when a draft bill is ready, it is
taken to Cabinet, to the Cabinet committee on legislation and then back to
cabinet for final approval," Mines Minister Obert Mpofu told reporters.
"Only then is it taken to Parliament."

Under the old draft mining law published in 2006, new foreign investors
would have been barred from holding more than 49 percent of a mining firm
while existing business would have been forced to sell off stake to meet the
requirement.

Mpofu said the bill that lapsed before it was passed had been revived, but
declined to say if the amended bill would prescribe 51 percent local
ownership of all mines in a country, as required under the indigenisation
regulations announced last month.

"We are currently looking at the indigenisation law, we want to make sure
that legislation tallies. It is not me who will decide that (ownership
thresholds), but Parliament," he said.

The changed draft mining Bill will be tabled during the current session of
Parliament, according to Mpofu.

A power-sharing government set up last year by President Robert Mugabe and
bitter rival Morgan Tsvangirai, now prime minister, has promised to be
flexible in its application of a 2008 empowerment law seeking to transfer
majority shareholding in all foreign firms, including mines, to indigenous
black people.

But the coalition partners have clashed over regulations issued last month
by Indigenisation Minister Saviour Kasukuwere giving foreign-owned companies
45 days to submit proposals to the Indigenisation Ministry on how they plan
to bring on board locals to take 51 percent of their businesses. - ZimOnline
 

8 policemen arrested for cattle rustling

http://www.thezimbabwetimes.com/?p=27813

March 9, 2010

By Owen Chikari

MASVINGO - Eight police officers based at Mashava Police and a businessman
have been arrested following the unearthing of a cattle rustling syndicate,
alleged to be responsible for the disappearance of nearly 100 herd cattle
from Chivi communal lands Station in Masvingo Province in less than one
week.

At least 40 herd of cattle were recovered at  Gonyohori Abattoir on the
outskirts of the city of Masvingo,  amid reports that the case has since
been handed over to the criminal investigations department (CID) because of
its complexity.

Sources within the police yesterday said that eight policemen based at
Mashava were arrested after they were implicated in a cattle rustling
syndicate which has shocked police officers here.

"We have arrested eight policemen and a businessman in connection with stock
theft involving over 100 cattle", said a policeman investigating the case.

He refused to be named.

"The arrested officers were involved in clearing the stolen cattle", he
said. "Of the eight some will be charged with criminal cases while others
will be charged under the Police Act and dealt with internally".

It also emerged yesterday that the case had now been handed over to the
Criminal Investigations Department CID. Normally stock theft cases are dealt
with by uniformed police officers and not by the CID.

"The case has since been handed over to the CID but normally all stock theft
cases are dealt with by ordinary police officers," said the police source.

According to the police the businessman would steal several cattle from
Chivi communal lands during the night.

He would then proceed to the nearby Mashava Police Station for stock
clearance by the police. Under Zimbabwean law any movement of stock has to
be cleared by the police.

It is alleged that the officers in question would clear the stolen cattle
well knowing that they were stolen.

It is alleged that  some of the officers received kick backs to clear the
stolen beasts while others got some proceeds from the stolen cattle.

A police anti-stock unit recovered 40 beasts at Gonyohori Abattoir on the
outskirts of the city of Masvingo, where they were to be slaughtered.

Masvingo police spokesman Assistant Inspector Tinaye Matake yesterday
confirmed the arrest of the eight officers but refused to give details,
saying that investigations were still in progress.

"I can confirm that we have arrested some officers from Mashava and a
businessman but I cannot give you more details since investigations are
still in progress", he said.

Meanwhile the police have arrested a Masvingo businessman, Buyo Masebo, who
is also known as Muswere, for fraud on allegation that he sold a haulage
truck which he had hired.

According to the police the businessman allegedly sold the haulage truck for
$6000 well knowing that it was not his.

This is not the first time that Masebo has been found on the wrong side of
the law.

In 2005 he was trekked down by the Scorpion (South African police )
following a series of fraud cases he had allegedly committed in the country.

Masebo got off the hook following the intervention of senior Zanu-PF
officials.

Tycoon Disrupts Hwange EGM

http://news.radiovop.com/

09/03/2010 08:08:00

HARARE, March 9, 2010 - ZIMBABWE business tycoon, Nick Van Hogstraaten,
disrupted the much awaited Whange Colliery Company Limited Extraordinary
General Meeting (EGM) after he told stunned shareholders that there was no
need for them to vote because as majority shareholder he would over rule
them anyway.

Hwange is chaired by Zanu PF stalwart and businessman, Tendai Savanhu, who
is Phillip Chiyangwa's cousin.
Savanhu also sits on the board of Zeco Holdings Limited (Zeco), a Phillip
Chiyangwa empire listed on the Zimbabwe Stock Exchange (ZSE).
"You are all wasting your time because I am going to over rule you anyway,"
Van Hogstraaten said.
"I have 24.5 percent shareholding in this company and since you did not
consult me I will vote against all of you. You are, therefore, just wasting
your time and I recommend that we move the EGM to another date."
The EGM was held to approve the Hwange new Employee Share Option Scheme.
The problemmatic Van Hogstraaten has caused several headaches in board rooms
of firms that he is  majority shareholder in Zimbabwe.
He has made noise at the NMB Bank Limited as well as that of the Rainbow
Tourism Group Limited (RTG) AGMs as major shareholder of the listed
entities.
He says the bosses in those companies are non entities who do not deserve to
serve on his empires.
A visibly worried Savanhu then reluctantly agreed to postpone the EGM to a
later date but before 21 days.
Shareholders were then treated to eat snacks that Van Hogstraaten had bought
for them after the EGM was stopped.
"You can eat the food," he said.
"But if you try to go ahead with this meeting I will over rule all of you."
 

The forgotten plight of Zimbabwe’s xenophobia victims in SA

http://www.swradioafrica.com/

By Tichaona Sibanda
9 March 2010

At least 1,500 Zimbabweans who fled their homes in the De Doorns farming
area in the Western Cape, after they were attacked by South African mobs,
believe they have been overlooked by authorities and aid agencies.

Many of the displaced were informal settlers living in shacks. They competed
for seasonal jobs on the farms with local South Africans who began attacking
them and demolishing their homes in November last year.

Four months on, half of the original 3,000 refugees that fled the xenophobic
attacks say their plight has for the most part been swept under the rug and
forgotten.

Emmanuel Mabika and his family have been living on the field of a rugby club
since the attacks. There are no family photos or possessions recalling their
former lives in a community that was torn apart by xenophobia.

‘Most people here didn’t take anything with them because they didn’t have
time. We had to run for our lives. The only thing that comes to mind in such
a situation is to save your children and your own life,’ said Mabika. ‘You
don’t think about the clothes, you don’t think about personal documents, you
just grab what is near you and run.’

Mabika told SW Radio Africa on Tuesday that little success has been achieved
on local integration, with less than 1,000 former refugees finding space to
co-exist with the locals, while the rest have packed their bags and moved
elsewhere

‘Most of us that are stuck here live in desperate conditions and face a
bleak future. The aid agencies have pulled out, the Red Cross and the United
Nations High Commissoner for Refugees have all gone. We very much appreciate
PASSOP (a group dedicated to the rights of refugees) drawing attention to
the ongoing refugee crisis in De Doorns,’ Mabika said.

Conditions in the temporary camp are dire. When it is raining fires are a
regular threat and often fatal. Weeks ago, a blaze destroyed a tent when the
occupants were preparing a meal inside, leaving three people injured and
without shelter.

The camp has irregular electricity and water supply is from a single source.
Hundreds of children live there in difficult conditions without enough food
or water and yet almost everyone has forgotten about these victims of
xenophobia.

Everisto Kamera, a volunteer with PASSOP, told us conditions in the camp
were becoming catastrophic. Mounds of waste take weeks to be collected, some
resort to burning it. As a result of the putrid air, health becomes an
issue.

‘Its sad, many of these refugees cannot return home for fear of political
persecution while others believe conditions here are far better than those
in Zimbabwe,’ Kamera said.

He added; ‘What I’ve seen so far in assessing the situation in De Doorns is
a serious lack of support for families who are victims of xenophobic
attacks. International aid agencies and the donors that support them are
often able and willing to meet the emergency needs of the displaced in
camps, but when it comes time to invest in reintergration, neither the
agencies nor the funding is present at anywhere near the level required.’

‘The problem is compounded by the authorities who are not proactive enough
to deal with xenophobia, but reactive only when the situation turns ugly,’
Kamera said.

ZINASU factional fighting turns ugly

http://www.swradioafrica.com/

By Lance Guma
08 March 2010

The battle between two factions of the Zimbabwe National Students Union
(ZINASU) turned nasty over the weekend with accusations that MDC youths
allegedly assaulted leaders from one faction opposed to the constitution
making process. Last year ZINASU split into two groups, one supporting the
MDC and the government constitution making process and the other opposed to
it and supported by the National Constitutional Assembly and the Zimbabwe
Congress of Trade Unions.

The memorial service for the late Susan Tsvangirai at Glamis Stadium in
Harare on Saturday was allegedly marred by MDC youths who attacked the
ZINASU executive, seen as opposing their party in the power struggle. A
statement issued by the NCA claimed that the attacks left 4 student leaders
injured, including President Tafadzwa Mugwadi, Secretary General Kurayi
Hoyi, Treasurer Tafadzwa Kutya and the Secretary for legal Affairs
Archieford Mudzengi, who was said to be in a serious condition.

Meanwhile the other faction, led by Joshua Chinyere, has dismissed the
charges of violence and threatened legal action. National spokesman Wisdom
Mgagara said 'It's unfortunate that some misguided college drop -outs can
make a joke out of a very serious national event. All legitimate civil
society leaders were given a platform to give solidarity speeches.' He
dismissed the charges of violence at the memorial event, adding that 'ZINASU
is in the process of seeking legal redress against all these hooligans who
are putting the name of the Students Union into disarray.'

WOZA responds to allegations of fraud in Zvishavane

http://www.thezimbabwean.co.uk

Written by WOZA
Tuesday, 09 March 2010 14:33
WOZA leadership would like to take the opportunity to respond to reports in
the media that members of its leadership have been involved in fraud in
Zvishavane. On 15th February 2010, information reached Jenni Williams,
WOZA's National Coordinator that members in Zvishavane had been paying a
monthly subscription fee of US1 to a self-appointed committee through its
self-appointed coordinator, Adams Samson. Harare members who were
facilitating a workshop in Zvishavane at the time verified this.
Williams immediately travelled to Zvishavane to meet with some of the
'committee members' who in turn advised that Samson had told them this was a
directive from the National Coordinator. Williams advised them that this was
a misrepresentation. Initial meetings had been conducted on 16 and 17
November 2009 and facilitators conducted official recruitment. These
procedures entail a signing of a 'sisterhood bond'
and completing of a membership counterfoil whereupon the membership card is
given to the member. WOZA does not charge a membership fee.
A further meeting with more committee members was set up for 17 February
2010. An interview with the 'Treasurer' Jane Chitumba and a study of
accounting records also confirmed the fraud. When asked to explain where the
money collected was or explain how it had been used, the treasurer said she
said this book was in the hands of Adams Samson. She also explained that he
had used money to travel to Bulawayo at least three times a week on so
called official WOZA business. She could not produce evidence of this and as
he had not been called to Bulawayo by WOZA on any occasion, expenditure
could not be accounted for. No clear accounting procedure or receipting
process for subscriptions was presented. Additionally there was a list of
people who had opened bank accounts and when asked, it was explained that
WOZA wanted accounts opened so that members would be given money in their
accounts for income generating projects. Committee members were asked why
they had not telephoned Williams to verify but they answered by saying that
Samson had told them they could not call directly.
The committee, including the Treasurer and Williams proceeded to the
Zimbabwe Republic Police to report the matter. Case number RRB 0726519
refers. The complaint made by Jenni Williams as National Coordinator is that
Adams Samson, a self-appointed coordinator, had misrepresented WOZA
membership procedures by making people pay a monthly subscription.  It was
estimated that 800 members had been paying a monthly subscription and
according to the 'policy' people had to back pay to August which they
determined as their date when they started their 'branch' of WOZA.

1.    WOZA is aware of members recruited in a series of meetings in
November 2009 and workshops in January and February by direction of the
National Coordinator.
2.    WOZA does not and has never charged a joining fee, subscription or
payment for membership.
3.    WOZA wishes to make it categorically clear that there is and has
never been a formal structure in Zvishavane and neither did WOZA call for
the formation of a committee nor engage anyone to represent WOZA in
Zvishavane. WOZA has ordinary members countrywide who trained as human
rights defenders and work shopped on various subjects. Only once the
national leadership is confident that members have a solid grounding in the
defence of human rights, is a structure formed and once in place national
leaders preside over the election of an interim leadership awaiting
confirmation from the annual congress where elections for leaders are held.
4.    WOZA pray the Zimbabwe Republic Police secure the arrest and
prosecution of Adams Samson and any accomplices they discover have a case to
answer. WOZA also request that the police act professionally and refrain
from allowing this matter to be subject to propaganda or to be politicised.
It was not easy for WOZA leaders after the harassment they suffered at the
hands of the police to make this report and to insist the police open a
docket after they refused. We make this request as we note the matter
covered in The Midlands edition of The Chronicle of 5 March 2010 quoting a
'police spokesman'
misrepresenting and sensationalising the matter before them.
5.    WOZA call on victims of this fraud to cooperate with the
investigating officer, Detective Sergeant Moyo based at CID Zvishavane so
that them matter can be swiftly prosecuted.
6.    WOZA advise members who were told to open bank accounts that they
have never promised to deposit funds for income generating projects.
This was a false promise manufactured by Adams Samson to hook people into
paying subscriptions, which he could convert to his own use.

Legal costs of fighting Mugabe takes toll on white farmers

http://www.thezimbabwemail.com/zimbabwe/4738.html

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09 March, 2010 05:35:00    Alexander Chigumira

Harare - The cost of mounting a legal challenge against Zimbabwe's land
reform programme is beginning to take a toll on the Commercial Farmers Union
(CFU), prompting the umbrella group for the country's white farmers to issue
an SOS to former members to rejoin the union.

A CFU official said the union wanted former members to return into the fold
in a move meant to provide it with the "financial wherewithal" to mount an
effective legal challenge of the country's controversial land reform
programme.

The CFU was Zimbabwe's strongest farmers' body with a membership of more
than 4,500 at its peak in the late 1990s but most of the members have left
the organisation since 2000 after black farmers started moving onto the
farms as part of President Robert Mugabe's land redistribution programme.

"While by far the majority of our previous membership are obviously no
longer farming and fall into the lowest payment fee category, if all 4,500
previous members all come back on board we will have sufficient funds to
afford the intended cases which will after all assist everybody, especially
in their bid for adequate compensation," the official said.

The bulk of the dislodged white farmers have not been compensated for the
loss of their properties, with Mugabe insisting that they should seek
redress from Zimbabwe's former colonial master Britain.

Groups of ZANU PF supporters, former freedom fighters as well as soldiers
and police officers have stepped up farm invasions despite the formation of
an inclusive government by Mugabe and arch-rival Morgan Tsvangirai last
year.

More than half the 300 remaining white-owned commercial farms have been
seized since the former foes formed a coalition government in February 2009.

'Iran will help Zimbabwe fight Western sanctions'

Tue, 09 Mar 2010 03:03:26 GMT

Iranian President Mahmoud Ahmadinejad (L) meets Zimbabwean Minister of State for Presidential Affairs Didymus Mutasa in Tehran.

 

Iranian President Mahmoud Ahmadinejad says Iran will help Zimbabwe as much as possible in view of the sanctions imposed on Harare by the West.

Ahmadinejad made the remarks during a meeting with Zimbabwean Minister of State for Presidential Affairs Didymus Mutasa in Tehran on Monday.

The Islamic Republic will stand by Zimbabwe against "illegal pressure," he added.

Ahmadinejad said Iran has always condemned the illegal pressure imposed by hegemonistic powers meant to force the Zimbabweans to surrender.

He praised the African nation for its resistance against the odds and predicted that independent nations would have a bright future.

Ahmadinejad also called for the implementation of all the agreements signed by the two nations.

Mutasa relayed Zimbabwean President Robert Mugabe's message to the Iranian president.

He also asked Iran to increase cooperation with Zimbabwe and to invest more in the country.

Statement on women's right to maternal health care

Chiefs in land scam

http://www.herald.co.zw/

Sunday, March 07, 2010 [sic]

By Kuda Bwititi

SEVERAL chiefs and new farmers in Mashonaland Central have been placed under
investigation for allegedly leasing their Government-allocated farms to
white former commercial farmers.

Already, some of the farmers who have been found guilty of illegally leasing
State land have been dispossessed of their apportioned land as Government
moves in to arrest the trend which is putting a dent on the historic Land
Reform Programme. Among the traditional leaders at the centre of the probe
is Chief Makope from the Mvurwi area, who is said to have leased land
allocated to him by the Government to a white farmer.
In an interview last week, Mashonaland Central Governor and Resident
Minister Advocate Martin Dinha said the probe would expose several other
chiefs who are believed to be sub-letting their land to the ex-commercial
farmers. "It is sad that some very prominent people in the province,
including chiefs, are leasing their land to the white farmers.
"We have identified several chiefs who have leased their land and we are
investigating them with a view of taking stern action. What is sad is that
some of these chiefs were also encouraging people in their area to also
lease their land," he said. Advocate Dinha said the chiefs risked losing
their land, adding that land officers in the province had started
repossessing land from the offending farmers.
"We will not hesitate to repossess the land from anyone including the
chiefs. We have one case of a farmer who had a 1 000-hectare farm, but we
have cut it to 10 hectares because he had leased almost the entire
hectarage. Land officers were deployed to his farm on Thursday to carry out
the demarcations," he said. He said most farmers who had leased their land
were quacking in their boots.
It is understood that one farmer who holds a senior position in the Zanu-PF
provincial structures had even lied that the white farmer operating on his
land was his manager. Adv Dinha said Mashonaland Central had a waiting list
of more than 5 000 applicants who wanted to be allocated both A1 and A2
plots. He said some of these applicants stood to benefit from the
repossessed farms.
"We have more than 1 800 applicants for A2 and 3 200 for A1 model. In terms
of the Global Political Agreement, the land reform is irreversible and
ongoing. We will allocate land to people who are eager to perform well on
the farms."
Speaking during a media briefing at his official residence last week,
President Mugabe said the Government would not tolerate the illegal leasing
of land and warned that those involved in the practice would be punished.

Zuma sells his soul for Mugabe

http://www.timeslive.co.za

In defending the Zimbabwe kleptocracy he reveals his quality
Mar 7, 2010 10:14 PM | By Justice Malala

 You may have seen the pictures or read the stories. Zimbabwe's President
Robert Mugabe turned 86 late last month and his supporters helped him
celebrate with a party costing $300,000.

Mugabe is right to celebrate. Life expectancy in the country he has
systematically brought to his knees stands at 44. Men, women and children
are dying daily of Aids. Hospitals have no medicine. Prisoners have no food.
Reaching 86 is a privilege reserved only for those who can loot the state.

As Delma Lupepe, a leading member of Mugabe's Zanu-PF, said without irony:
"We have to celebrate our leader, who is now 86. How many people reach that
age?"

In Zimbabwe, if you are an ordinary man or woman, the answer is simple: you
will not reach that age.

The party took place while Morgan Tsvangirai, leader of the Movement for
Democratic Change and now prime minister in the increasingly laughable
coalition government with Mugabe, has been begging for $6-billion in foreign
aid and investment to rebuild schools, hospitals and sewers after a decade
of economic collapse.

He will not get much help from Mugabe. While Tsvangirai tries to attract
investors, Mugabe this week totally ignored Tsvangirai and signed into law
"indigenisation regulations", which will allow him to seize control of
foreign-owned companies and hand them over to locals.

Foreign investors must give "a controlling stake of not less than 51% of the
shares to indigenous Zimbabweans" within the next five years or from the
commencement of the business concerned. Companies that fail to meet the
empowerment quota risk having their directors fined or jailed.

So tell me, which investors would rush to Zimbabwe? Does any sane business
person want to have his business taken over in the way the land
redistribution campaign has been handled?

In the meantime, harassment of opposition activists continues unabated and
newspapers remain censored. Nothing has changed in Zimbabwe except that
Mugabe and his cronies are getting food and other supplies into the country
to be sold for South African rands and US dollars. Zimbabwe is an absolute
disaster. It is a disaster because Mugabe remains in power. This is a truth
none can dispute.

So why was President Jacob Zuma in the UK this week speaking up for this
man - a really vile dictator and oppressor? Why does South Africa's
government give succour to this corrupt, thieving embarrassment to this
continent?

I have written before in these pages that, by the end of his tenure, former
president Thabo Mbeki had become the de facto foreign minister of Zimbabwe.
Mbeki never failed to take to the podium anywhere and everywhere and go to
bat for Mugabe, despite the torture of opposition activists in that country.

Zuma is proving just as enthusiastic as Mbeki in this dastardly deed. When
South Africa has so many problems, Zuma spent a huge chunk of his visit to
the UK this week working for Mugabe. He had no qualms, about repeating his
call in the international media, for international sanctions on Mugabe and
his coterie to be lifted, saying they were not helping the beleaguered
administration.

"If they could lift sanctions, that would give Zimbabwe an opportunity to
move forward," the president said, quoted by the The Daily Telegraph. Why
would it?

For Zuma's information, there are no sanctions against Zimbabwe. There are
targeted sanctions against Mugabe and his closest ministers and business
inner circle. These are the people who have laundered Mugabe's wealth and
maintain his foreign accounts.

It is worth remembering, in case Zuma has forgotten, that Mugabe wants
sanctions lifted against him so that he can visit his daughter, Bona, at
university in Hong Kong - and take her shopping elsewhere in the world.

Meanwhile, the children of ordinary people in Zimbabwe have no education.
Schools have closed because teachers have fled to work as gardeners in South
Africa and elsewhere. Zimbabwe, which once had the best education system on
the sub-continent, is now ruined and its children rendered illiterate.

In the run-up to the ANC's conference in Polokwane in 2007, and in the
general election campaign last year, Zuma made encouraging noises on
Zimbabwe. He pledged to deal decisively with Mugabe and help return that
country to normality. He lied. What he has achieved is exactly what Mbeki
did: protect Mugabe and smile nicely while ordinary people suffer under a
kleptocratic maniac.

He had no shame this week in London, putting himself and his administration
forward as a defender of Mugabe. What does Zuma have to gain? Why work so
hard for the dictator? And why is the ANC so quiet about it?

MISA-Zimbabwe Monthly Alerts Digest – February 2010

Written by MISA

Tuesday, 09 March 2010 11:41

1.   In this issue: MISA-Zimbabwe Fact Sheet on the need for an explicit constitutional guarantee of media freedom and the citizens/media right to access to information. 2.             Please find also attached herewith MISA-Zimbabwe’s detailed and comprehensive position paper on the subject matter at hand. Introduction A free media is a critical component in the creation and maintenance of a healthy and vibrant democracy. It plays a key monitoring, evaluation and watchdog role over both private and public institutions. In functioning democracies, a free media thus contributes to greater accountability, good governance and socio-economic and political development. However, to achieve this feat, the constitution as the supreme law of the land ought to explicitly guarantee media freedom as well as the citizens’ full enjoyment of their right to freedom of expression and access to information through a free, diverse, pluralistic and independent media. Although Section 20 (1) of the Zimbabwean constitution makes provision for the right to freedom of expression, it does not sufficiently guarantee and protect this right and other media freedoms. This leaves room for Zimbabweans to infer on what their entitlements are under this particular provision. To make matters worse, Section 20 (2) then imposes wide limitations to the enjoyment of the same rights. It is therefore MISA-Zimbabwe’s strong submission on the need for an overhaul of repressive media laws such as the Access to Information and Protection of Privacy Act (AIPPA), Public Order and Security Act (POSA), Broadcasting Services Act (BSA) and Criminal Law (Codification and Reform) Act, among others as well as Section 20 of the current constitution and Section 100N-P inserted by Constitutional Amendment No. 19. This will ensure that the country’s statutes fully provide for the protection of the aforementioned rights. Please find below justifications on why Zimbabwe needs a new constitutional provision that explicitly guarantees media freedom, freedom of expression and access to information. No explicit guarantee of freedom of information and access to information in s20 (1) of the Zimbabwean Constitution. One of the shortcomings of the Zimbabwean constitution is that whilst it makes mention of the right to freedom of expression, it does not however explicitly guarantee the right to access to information as well as media freedom as stated in key human rights instruments such as the African Charter on Human and People’s Rights and the Banjul Declaration of Principles of Freedom of Expression in Africa. Instead, Section 20 (1) vaguely infers to these rights which it lumps together as follows: No person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence. Legal precedent has clearly demonstrated the inadequacy of Section 20 as it can and has been construed in a manner that abridges the right to freedom of the media because of its open-ended construction, which permits varied interpretations as to whether or not freedom of expression necessarily covers media freedom. Limitations clause too widely drawn. The limitations clause is too widely drawn such that it permits an abridgement of the very rights that the constitution ought to protect due to its overbroad limitations clause provided for under Section 20 (2). MISA-Zimbabwe is cognisant of the fact that the right to freedom of expression is not an absolute and unlimited right. However, the restrictions in the Zimbabwean Constitution are too widely drawn.  Restrictions on freedom of expression can be imposed in the interests of defence, public safety, public order, the economic interests of the State, public morality or public health. In addition these can be imposed  for  purposes of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings; preventing the disclosure of information received in confidence; maintaining the authority and independence of the courts or tribunals or [Parliament]. Other restrictions pertain to regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating a monopoly in these fields; in the case of correspondence, preventing the unlawful dispatch therewith of other matter; or that imposes restrictions on public officers. In this respect the constitution therefore permits much wider limitations on freedom of expression than is permitted under international law in that it sets out several grounds for such limitations.  While the constitution affords the right to freedom of expression as set out in Section 20(1), it nevertheless gives the state the power to take away that same right through the over-broad limitations clause which enables the state to justify its abridgement of the right through the plethora of limitations imposed on the right. No safeguard against abuse/erroneous application of the limitations clause. The guideline stated in Section 20 (1) that limitations should be "reasonably justifiable,” is an inadequate safeguard against wide and arbitrary interpretations which may permit the infringement of the constitutionally guaranteed rights. Instead, there should be a qualification that such limitations ought to be “necessary in a democratic society” as employed by other countries and as set by regional and international human rights instruments. The provision in s20 (1) falls way below set standards of human rights instruments and provisions in other constitutions. In its current form, Section 20 does not meet the standards of a number of regional and international human rights instruments on the right to freedom of expression, media freedom and access to information.  Zimbabwe is a signatory to instruments such as the Banjul Declaration on Principles of Freedom of Expression in Africa. On the other hand, the South African, Malawian, Namibian and Mozambican constitutional provisions on freedom of expression amply demonstrate how the Zimbabwean provision is retrogressive due to the absence of explicit provisions for media freedom and the right to access information. These are clearly crafted such that each right is separately provided for and thus can be independently claimed. An example is the Mozambican constitution which provides as follows: All citizens shall have the right to freedom of expression and to freedom of the press as well as the right to information. Freedom of the press shall include in particular the freedom of journalistic expression and creativity, access to sources of information, protection of professional independence and confidentiality, and the right to publish newspapers and other publications. Current constitutional provisions perpetuate statutory regulation hamper media freedom The provisions of Section 100N-P brought in by Constitution Amendment No.19 on the statutory Zimbabwe Media Commission (ZMC), deprives the media of its independence and autonomy. Such a provision should not be part of a democratic constitution as the notion of statutory regulation of the media clearly is an affront to democracy. On the other hand, this position cannot be altered by other complementary pieces of legislation as they become unconstitutional should they provide for anything inconsistent with the constitution. Therefore, a review of this provision is required. Lack of explicit constitutional guarantees result in oppressive legislation that violates media freedom and the right to access to information. The lack of explicit guarantees of media freedom and access to information in the current constitution has a negative cascading effect on media legislation and policies.  These have been scantly formulated in a manner that is detrimental to the enjoyment of these rights. This inadequacy is clearly evidenced by the promulgation of repressive of pieces of legislation such as Access to Information and Protection of Privacy Act (AIPPA), Public Order and Security Act (POSA), Official Secrets Act (OSA), Interception of Communications Act (ICA) and the Criminal Law (Codification and Reform) Act, among others. The provisions of s20 results in wide interpretations prejudicial to the enjoyment of media freedoms The absence of specific guarantees to the aforementioned rights also has a serious cross-cutting effect on the manner in which the right to freedom of expression is technically construed or interpreted by the judiciary. Legal precedent in Zimbabwe clearly demonstrates that the courts have had to use their discretion to infer these rights within the contemplation of Section 20 and this is unacceptable for a constitution whose provisions should be explicit and certain. Opportunities presented by present constitution making process For as long as the constitution  does not  guarantee media freedom, rights such as access to information and media freedom cannot be enjoyed and let alone be demanded. The constitution making process therefore offers a window of opportunity to address the deficiencies in our supreme law more so as it pertains to media freedom, freedom of expression and access to information given the critical role played by the media in the democratisation process. Conclusion It is therefore clear that the need for explicit constitutional guarantees of media freedom, freedom of expression and the right to access to information as well as the promulgation of democratic laws that facilitate the enjoyment of these basic liberties in line with regional instruments on free expression is long overdue. The benchmarks are clearly stated in terms of the African Charter on Human and Peoples Rights (ACHPR), Windhoek Declaration, Banjul Declaration on Principles of Freedom of Expression in Africa and the African Charter on Broadcasting (ACB).   The current constitution making process therefore offers immense opportunity for redress of the deficiencies and shortcomings of the Zimbabwean constitution as it pertains to explicit guarantees on media freedom, freedom of expression and the right to access to information held by both public and private bodies. 2. Violations statistics February 2010   Victim/Concerned Party Violation/event/issue Date Status of the matter Barnabas Madzimure and Fortune Mutandiro directors of a company that distributes the privately owned The Zimbabwean newspaper Charged under the Criminal Law (Codification and Reform) Act which deals with publishing falsehoods prejudicial to the State. 11 February 2010   The two were later released on the same day after being detained for a few hours Freelance photojournalist Andrison Manyere Manyere was detained and questioned at Zanu PF’s provincial offices in Harare at the start of a march by the party’s supporters against targeted sanctions imposed by the West against senior Zanu PF officials 24 February 2010   He was released after about 15 minutes of questioning. Freelance photojournalist Andrison Manyere Arrested by Zimbabwe Prisons officers at Harare Magistrates Courts officer while taking pictures of accused persons charged with attempting to overthrow the government of Zimbabwe. 1 March 2010 The officers accused him of taking the pictures without the permission of Commissioner of Prisons. John Norman Alfred Rusthon, manager of Fresh-Po Arrested for allegedly circulating an e-mail insulting the person and office of the President. Charged with undermining the authority of the President in terms of Section 33 (2) (a) (I) of the Criminal Law (Codification and Reform) Act. 2 March 2010 The e-mail allegedly contained photographs showing the interior and exterior of a mansion allegedly belonging to President Robert Mugabe. Rusthon allegedly forwarded the message to Fresh-Po employees so that the whole world would know how the President was living like an American billionaire or Saudi Prince. Remanded out of custody to 12 March 2010. Freelance photojournalist Andrison Manyere Arrested by Zimbabwe Prisons officers at Harare Magistrates Courts officer while taking pictures of accused persons charged with attempting to overthrow.  He was later questioned and detained overnight at Harare Central Police Station. 2 March 2010 Released after paying a fine of US$20 for disorderly conduct in a public place.

Two-faced Zanu PF: five years ago it was Murambatsvina; today its ‘economic empowerment’

The Zimbabwe I want - Mandivamba Rukuni