The Zimbabwe Situation

http://www.swradioafrica.com

By Violet Gonda
12 March 2009

Roy Bennett the MDC National Treasurer and Deputy Agriculture Minister
designate was finally released on Wednesday after spending a month in
prison, in spite of two High Court rulings ordering his release. On
Wednesday the Supreme Court also upheld the original High Court bail
decision, ignoring a concerted effort by the State to keep Bennett locked
up.

The extreme lengths the State has gone to in order to keep the MDC official
behind bars do not auger well for the prospects of a government of national
unity. Bennett himself believes Patrick Chinamasa, the Justice Minister, has
a personal vendetta against him.

Speaking to SW Radio Africa shortly after his release, the MDC official said
it felt good to be out of prison but that he was not really free. "I can't
really say I am free. I am under stringent bail conditions. I am in a
country where the rule of law is questionable. There is no separation of
powers and there is interference of the judiciary from the highest level. So
you don't feel safe at all. I could be re-arrested any minute."

Bennett was told to pay US$5000, surrender his passport and title deeds and
to report to the police three times a week. He is facing terrorism charges,
which he described as ludicrous and without substance. He said he has been
accused of 'possessing arms of war without authorisation,' and 'funding the
purchase of Peter Mike Hitschmann's weapons,' even though Hitschmann is a
registered arms dealer.

The outspoken MDC politician believes there are hardliners in the inclusive
government who have not taken on the spirit of moving forward, 'who are
still filled with hatred and vengeance and have personal vendettas against
me.'

He said the people who control the prison service and the Attorney General's
office were behind his arrest. "I would think there is none other than
Patrick Chinamasa who still has a vendetta against me over the issue in
parliament and the fact that I served eight months in prison is not enough."
Bennett said.

He added: "I have forgiven him, a long time ago, and I asked for his
forgiveness. And I pray for him that one day he will repent and get on his
knees before he meets his maker, because the sort of things he does and he
is involved in destroy a country rather, they don't build a country."

The MDC official said he was ready to take up his post of Deputy
Agricultural Minister. He also hopes the one good thing to come out of his
spell in jail will be the exposure of the appalling conditions in Zimbabwe's
prisons. In the four weeks that he was in Mutare Remand prison five inmates
died, and starvation is rampant. "There are gross human rights abuses behind
those walls," he said.

Scores of MDC supporters were at the prison to witness the freeing of the
official, who was let out at around 11am on Thursday. Bennett left shortly
after his release for Buhera to pay his condolences to Prime Minister
Tsvangirai, who lost his wife in a car crash on Friday. Susan Tsvangirai was
laid to rest on Wednesday.

The full interview with Roy Bennett will be aired on the Hot Seat programme
on Friday.

Bennett urges culture of forgiveness

Independent & Standard publisher to launch daily paper

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By Tichaona Sibanda
12 March 2009

Newspaper mogul Trevor Ncube on Thursday announced his plans to launch a
daily newspaper in Zimbabwe.

The 47 year old Ncube told us from his base in Johannesburg, South Africa
that his latest project will create at least 300 jobs in the media industry
at an initial investment of US$4 million.

The Bulawayo born entrepreneur is the publisher of the Zimbabwe Independent
and the Standard newspapers. In South Africa, he publishes the weekly Mail
and Guardian newspaper, which is part of The Guardian group of newspapers.

"We are encouraged by the Global Political Agreement that recognises that a
vibrant press is important to underpin its efforts to rebuild the country,"
Ncube said.

"We have been having discussions with the government and the regulatory
authorities and I can tell you that we are also encouraged through our
conversations that we should get a licence pretty soon,' Ncube added.

The new paper 'NewsDay,' will play a vital role in empowering people to
interact with the government, he said. The publisher also said the country
is presently high polarised and currently, if people differ on opinions they
are seen as enemies.

"This is a paper that will give voice to Zimbabweans. We want to help bridge
gaps that exist between societies," Ncube said.

He added that independent NewsDay paper will provide a platform for fresh
ideas in order to create a vibrant economy, and to address the needs of the
education, health and social systems, as well as providing a voice for the
diaspora.

ZCTU sets June deadline for minimum monthly wage payments

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By Alex Bell
12 March 2009

The Zimbabwe Congress of Trade Unions (ZCTU) has said its demands for
workers to receive a minimum monthly wage of over US$400 are non-negotiable,
and has set June as a tentative deadline for businesses to adjust the
salaries of their workers.

The country's union federation, which is the largest labour body for
Zimbabwean workers, has recommended that a monthly wage of US$454 be set as
a minimum salary for workers. In a statement released earlier this week, the
ZCTU said its own research shows the Poverty Datum Line in Zimbabwe, which
indicates the theoretical minimum cost of living, has increased to more than
US$400 - compared to US$200 just over a year ago.

The majority of the country's remaining workforce, including the civil
service, are still earning below US$200, with some workers still being paid
in the valueless local currency. The total dollarisation of the economy,
which has seen the local dollar become worthless, was made official in last
month's budget speech which set all new figures in US dollar value. The
budget announcement last month also gave local businesses the green light to
trade in multiple currencies in a bid to rescue Zimbabwe's collapsed
economy. The end result has seen living costs being pegged in US dollar
value, setting a poverty datum line far higher than what wage-earners have
been taking home on a monthly basis.

Employers argued earlier this year that they did not have the foreign
currency since they were still trading in the local dollar. At the time,
they said they needed approval from the central bank before they could start
paying out salaries in foreign currency. The ZCTU has since counter-argued
that employers now have no excuse for not adjusting the salary figures of
their workers as trade in foreign currency has been approved by both the
government and central bank.

ZCTU Secretary General, Wellington Chibhebhe explained on Thursday that the
union's previous fears about the effect of dollarisation on workers has been
realised, saying it is a financial move 'good for the economy, but not that
good for workers who are still earning such low wages.' Chibhebhe argued
that the current salaries are closer to 'slave wages,' despite businesses
beginning to reap the benefits of trading in foreign cash.

"Between now and June we would expect businesses to adjust salaries and pay
their workers the new minimum wage," Chibhebhe said. "That should leave
enough time for all businesses to meet our demands."

U.S. Embassy clarifies accident vehicle ownership

The United States Government has extended its deepest condolences to the Prime Minister and his family, and the people of Zimbabwe, over the tragic loss of Susan Nyaradzo Tsvangirai. We understand the car crash that caused Mrs. Tsvangirai's death is currently the subject of an investigation.

The truck that was involved in the accident with the Prime Minister’s vehicle on Friday, March 6^th does not belong to the United States Agency for International Development (USAID). It was purchased with USAID funds by a contractor and belonged to the contractor. The contractor was delivering essential HIV and AIDS drugs and medical supplies to health clinics under an effort co-financed by USAID and the United Kingdom Department for International Development (DfID). The driver of the truck, a Zimbabwean national, was an employee of the contractor, not a USAID employee.

The U.S. government remains committed to helping the people of Zimbabwe as it has done for decades. The United States provided over $260 million for emergency programs since October 2007, providing food, health care, safe water, and HIV/AIDS prevention, care and treatment. Most recently, the United States has supported major activities to control and treat cholera and malaria.

Issued by Tim Gerhardson, Public Affairs Officer, Tel. +263 4 758800-1, Fax: +263 4 758802, E-mail: hararepas@state.gov

Another accident at same spot that killed Susan Tsvangirai

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By Lance Guma
13 March 2009

An MDC district chairman was killed and several people injured in two
separate accidents that took place in Rusape and Beatrice, with both
incidents involving mourners coming from the burial of Susan Tsvangirai in
Buhera. Francis Muswere the MDC district chairman for Makoni West
constituency in Manicaland province died Wednesday night in one of the
accidents. He died on admission at Rusape Hospital, while four people he was
travelling with were seriously injured and admitted to the same hospital.

About 15 MDC mourners were injured when a truck slammed into a Kukura
Kurerwa bus ferrying them from the burial. The incident took place opposite
the same spot that killed Prime Minister Tsvangirai's wife last Friday.
Although the MDC say the circumstances of this crash are still being
investigated, our correspondent Simon Muchemwa told us the bus driver was
trying to avoid 2 speeding Toyota vehicles which overtook him and forced him
to swerve. A truck coming from the opposite lane is then said to have hit
the bus, forcing it into a ditch.

Passersby assisted the injured and managed to get the injured into passing
commuter minibuses which took them to hospital. Among those who also
assisted the injured was Tsvangirai's spokesman James Maridadi. Muchemwa
told us the former ZBC Radio 3 DJ carried some of the injured to hospital in
his own car. The accident happened around 6pm but by 8pm the injured were
still being ferried to hospital. By late in the evening police had managed
to remove the bus from the ditch. Our correspondent told us the driver of
the truck ran away from the scene of the accident.

A press statement from the MDC on Thursday said the area of the road on
which the two accidents have taken place has since been declared a dark spot
and warning signs are being erected to warn motorists and pedestrians. Last
Friday Susan Tsvangirai died when an aid truck hit their Land Cruiser,
forcing it to overturn 3 times and landing on its roof. While Prime Minister
Tsvangirai, a driver and other aides survived, Susan was not as lucky as she
was flung out of the vehicle before it eventually landed on her. The aid
truck driver claimed he was trying to avoid a hump on the road when he
swerved into the lane used by the Tsvangirai convoy.

Daily cholera update and alerts, 11 Mar 2009

Zanu (PF) looting frenzy continues

http://www.thezimbabwean.co.uk

Wednesday, 11 March 2009

Chefs fight over luxury vehicles

More than 1 000 luxury vehicles seized from suspected diamond dealers
in Manicaland and Harare were this week being shared by military commanders
and Zanu (PF) officials.
The vehicles were confiscated, mainly from diamond and foreign
currency dealers when the army, police and the Central Intelligence
Organisation, CIO, under Operation mari wakaiwana kupi? (Where did you get
the money?)
During the exercise, people who could not prove that their vehicles
had been sourced through legitimate means had them confiscated.
A senior army officer told The Zimbabwean that the vehicles were
parked at KG V1 for distribution to the army chiefs and Zanu (PF) officials.
"For most of the week, the luxury vehicles were being fitted with new
civilian number plates. Senior army commanders could not choose vehicles of
their choice because the wife of Zimbabwe Defence Forces commander, Jocelyn
Chiwenga, had not cherrypicked a luxury vehicle of her choice. She only
pitched up on Wednesday and helped herself to a luxury Lexus vehicle."
Jocelyn, a civilian, is notorious for issuing orders to soldiers. She
has also tried in the past to physically attack Prime Minister, Morgan
Tsvangirai.
The senior army officer, who is not a beneficiary in the looting
spree, said there was general disgruntlement among middle-ranking and junior
soldiers who felt the vehicles should have been converted to military use or
auctioned to buy food rations for their canteens, which have no provisions.
Zimbabwe National Army commander, Lieutenant General Philip Sibanda,
settled for an Isuzu twin cab which has a refrigerator.
"There are six Hummers parked at the military camp and we suspect
those are being kept for ZDF commander Constantine Chiwenga, Air Force
commander Perence Shiri, head of prisons Paradzayi Zimondi, Police
Commissioner General Augustine Chihuri and Happyton Bonyongwe, head of CIO."
The soldier, who said he was bitter at being left out of the looting
frenzy, said 10 all- terrain trucks had been allocated to each Zanu (PF)
province for use in campaigning for the next elections - expected within 18
months.
Zanu (PF) and the government are both broke and the former ruling
party will not be able to dip its hands in the national purse to fund their
campaign as Tendai Biti of the MDC is now keeping the national purse.

SW Radio Africa Transcript

Violet Gonda speaks to Derek Matyszak, a lawyer and senior researcher at the Research and Advocacy Unit in Zimbabwe .
He recently wrote a critical analysis of Constitutional Amendment #19, which he says is ‘stuffed with ambiguities, vague drafting and omissions.’ The lawyer details a shocking list of violations of the constitution, since the setting up of the inclusive government, which include the unconstitutional appointment of additional Ministers. Matyszak said Zimbabwe is now in a peculiar and unique situation where the constitution actually specifies who the Prime Minister should be, by name.

Broadcast 06 March 2009

Violet Gonda: My guest on the Hot Seat programme is Derek Matyszak, a former lecturer in the faculty of Law at the University of Zimbabwe . He’s now with the Research and Advocacy Unit , Zimbabwe . Derek recently wrote a critical analysis of Constitutional Amendment No. 19 which was entitled “Losing Focus – Zimbabwe ’s Power Sharing Agreement”. Hi Derek.

Derek Matyszak : Hi Violet.

VIOLET: You have studied the Zimbabwe Constitution and the Amendment No 19, so let’s start with getting your thoughts on the issue of the appointments of Permanent Secretaries and Ambassadors. What is your understanding of who should appoint them?

DEREK: Well there are in fact four different clauses in both the Constitution and the Agreement which deal with these appointments. We’ve got Section 77 of the Constitution which deals with the appointment of Permanent Secretaries and Section 78 of the Constitution which deals with the appointment of Ambassadors. But both those clauses need to be read in light of Amendment No 19 which now provides that any appointment the President makes in terms of the Constitution or any Act of Parliament must be made with the agreement of the Prime Minister. So that means the appointments of the Permanent Secretaries have to be made with the agreement of Morgan Tsvangirai and the same would apply to the Ambassadors and the same would apply to any government appointment or any appointment in terms of the Constitution or Act of Parliament.

And then on top of that there’s a clause which duplicates what I’ve been talking about which says any senior government appointments have to be made with the agreement of Tsvangirai and the Deputy Prime Ministers. So there are these various things which make it clear that the permanent secretaries, as a matter of the Constitution must be appointed with Tsvangirai’s agreement.

VIOLET: Mugabe recently appointed new Permanent Secretaries without consulting his partners in the inter-party political agreement and I actually interviewed retired High Court Judge, Justice George Smith and he said the appointments do not breach Zimbabwe ’s law, so are you saying his assertion is wrong?

DEREK: Well I read the transcript of your interview with George Smith and it seemed to me that perhaps Justice Smith overlooked the fact that Article 20 of the September Agreement was incorporated wholesale into the Constitution of which was the Amendment 19 and it specifically provides that where the older Constitution conflicts with Amendment 19 and particularly the Agreement which has been incorporated now into the Constitution, the Agreement will override the Constitution. The part of the Agreement which has be made part of the Constitution overrides the previous provisions. So Justice Smith was looking at Section 77 and 78 of the Constitution but seemed to be unaware that those provisions now had to be read in accordance with that part of the agreement which has now been incorporated into the Constitution by virtue of Amendment No 19.

VIOLET: I also understand that Schedule Eight of Amendment No 19 deals with government operation so does this override the previous Constitution and is Amendment 19 the new Constitution?

DEREK: Well Amendment 19 basically knocks our constitution into a legal nightmare because what Amendment 19 did was to take a portion of the September Agreement and the effect of part of the September Agreement is Article 20 which deals with the structure of government - and they took this part of the agreement and said this will now be part of Constitution as Schedule Eight. So unfortunately Article 20 of the Agreement was not drafted in the way legal legislation should be drafted. It was drawn as an agreement between the parties and not particularly well drawn at that. And we now have this ill-drawn agreement or section of this ill-drawn agreement actually incorporated into the Constitution and its provisions will override any part of the Constitution which is contrary to it.

VIOLET: Lets talk about some of these issues; you describe it as an ill-drawn Agreement and you wrote in your paper that the September Agreement is stuffed with ambiguities and vague drafting and omissions. Can you tell us what these are?

DEREK: Well let’s go back to the Clauses I was referring to before about the appointments - let’s look at the Permanent Secretaries. If you look at Clause 20.1.7, it says that the parties agree that with respect to the occupants of senior government positions, such as Permanent Secretaries and Ambassadors, the leadership in government comprising the President, the Vice Presidents, the Prime Minister and Deputy Prime Ministers will consult and agree on such, prior to the appointment, alright? Now just a few Clauses before that, it says any appointment in terms of the Constitution will be made with the agreement of the Prime Minister only not that whole list of people that there has to be an agreement with. Now the appointments of the Permanent Secretaries are appointments in terms of the Constitution, so which one of those two Clauses apply? They don’t quite contradict each other but they refer to different people whose agreement has to be sought in terms of the Constitution.

So you immediately have a contradiction there, or two Clauses which are not quite compatible. And that kind of thing happens throughout the Agreement and there are various Clauses in the Agreement which don’t actually say what I think the parties wanted them to say.

Another difficulty with Constitution Amendment No 19 is that because I have said it’s just the Agreement, a portion of the Agreement is tacked into the Constitution, is that normally an amendment which provides for the post of a Prime Minister would indicate things like the person’s qualifications for office, the person’s term of office, how the person would be removed from office etc. What we have in fact is that Constitutional Amendment No 19 just simply says there will be an office of Prime Minister which post shall be occupied by Morgan Tsvangirai. So we have this very peculiar and unique situation that our Constitution actually specifies by name who the Prime Minister must be.

So this means for example, that if Morgan Tsvangirai lost the confidence of his party, it would require a Constitutional amendment to put another Prime Minister in place because the Constitution specifically says that the Prime Minister has to be Morgan Tsvangirai which is quite ridiculous.

And then the other thing it also leaves out is that although Mugabe purported to swear in Morgan Tsvangirai as Prime Minister on February 11 th, there is in fact no provision in the Constitution for swearing in the Prime Minister. There’s a provision for swearing in Ministers, there’s provisions for swearing in the President and Vice Presidents, there’s absolutely no provision for swearing in the Prime Minister. So the little ceremony they had on the 11 th of February, they basically just sucked it out of their thumb, it didn’t in fact exist in terms of the Constitution.

VIOLET: So that ceremony was unconstitutional?

DEREK: Well it would have no basis in law. You are entitled to have a little ceremony like that, it’s neither here nor there, it’s just completely meaningless. And of course the other point to bear in mind, is that that swearing in ceremony took place on the 11 th of February, whereas Constitutional Amendment No 19 only became Law on the 13 th of February, so even if there was a provision for the swearing in of the Prime Minister, it wouldn’t have been law at that point in time that they had the ceremony.

VIOLET: In your view, how could all this have happened and do you think it was just an anomaly, a mistake to actually put Mr Tsvangirai’s name in the Constitution?

DEREK: Well the way it came about is because there is another Clause which says ‘pending the enactment of Constitutional Amendment No 19, Mugabe shall appoint Morgan Tsvangirai as Prime Minister’. Now of course, that is a ridiculous clause to have because if Tsvangirai was appointed Prime Minister pending the enactment of Constitutional Amendment No 19 would have no effect in law. So that was a ridiculous Clause in the first place. But Mugabe did not in fact appoint Morgan Tsvangirai as Prime Minister pending the enactment of Constitutional Amendment No 19 or did it two days before the enactment, so that Clause - the drafters of the Agreement had anticipated that Morgan Tsvangirai would be in office as Prime Minister prior to Constitutional Amendment No 19 coming into effect and that didn’t really happen, it wouldn’t in fact have had any legal effect if it did happen so it’s just part of this very ham-handed drafting that I was referring to earlier.

VIOLET: And what about the issue of the ministries because as I understand it, they had agreed that they would have 31 ministries or ministers, but this is not the case as we now have this bloated government, so what does the Constitution say about this?

DEREK: Well again the portion of the September Agreement which is now part of the Constitution - Article 20 - is very clear on it. It says there will be 15 Ministers nominated by Zanu-PF, and there will be 16 Ministers nominated by the combined MDCs. That is our Constitutional requirement; it’s not open to Mugabe or Tsvangirai to just agree amongst themselves to increase the number of Ministers. And any number of Ministers purportedly appointed over that quota of 15 for Zanu-PF and the quota of 16 for the combined MDC , those ministers purportedly appointed over that quota are invalid and unconstitutionally appointed. The appointments are invalid in terms of the Constitution.

VIOLET: Is it known which Ministries or which Ministers are these?

DEREK: Well that’s where it gets complicated because when I watched the swearing in of Ministers on television, they all took the oath simultaneously so you had for example, on Friday the 13 th, you had 35 Ministers all holding up their hands and taking the oath and because they all spoke on top of each other, you couldn’t really hear what they were saying. So the validity of that oath is a little bit legally suspect.

But more importantly, the Constitution provides that not only must they take the oath but they must also subscribe to the oath. So it seems that after they put the verbal oath they went and signed the three oaths they have to take in order to enter in to office, so it seems to me that the Ministers who signed the oaths last would be the Ministers who are not constitutionally appointed. But that would be the Ministers that signed the oath after the particular quotas were reached, so it’s not the last ten Ministers to sign but any Zanu-PF Minister who signed after the quota of 15 had been reached would be unconstitutionally appointed and any MDC Minister who signed after the quota of 16 was reached would be unconstitutionally appointed.

VIOLET: So by accepting the increase of Ministers, is the MDC an accomplice in the breach?

DEREK: They certainly are and it is extremely ironic that in parliament we heard Morgan Tsvangirai give his inaugural address to parliament and he stated that firstly we must lead by example and the GPA, the Global Political Agreement commits all parties to respect and uphold the Constitution, other laws of the land and to the principles to the rule of law. And the government made that statement when the very government, the very first step of the new government was to violate the Constitution by appointing ten extra Ministers. That’s clearly not an auspicious start Violet.

VIOLET: But Derek, on the other hand, the fact that the principals actually met and agreed to increase the number of the Ministers, doesn’t this constitute a justifiable waver of the provisions of the GPA?

DEREK: Well the Principals can’t really get together and agree to amend the Constitution. The Principals can get together and agree to amend the Agreement, the September Agreement, but once they’ve done that they then have to approach parliament to amend the Constitution, so that the Constitution then provides for the additional Ministers, they can’t simply make up the Constitution as they go along.

VIOLET: As you have studied these legal documents, is it true that the gazetted version of the Constitution Amendment No 19 is not the same as the one which was actually passed in parliament and if so, can you identify the differences in the one passed and the one gazetted?

DEREK: Certainly. From what I understand from the NGO here which watches Bills and Acts which come out of parliament, the gazetted version of Constitutional Amendment No 19 omits three schedules that were in the document or the bill that was passed by parliament, and it omits Schedules 9, 10 and 11 and of those the most important is Schedule 10, because Schedule 10 refers to the Constitution making process and it set a timetable by which Zimbabwe is supposed to have a new Constitution, so by omitting Schedule 10, the implication is that the parties are no longer tied to that specific 18 month timetable for a new Constitution and the constitution making process could get dragged out for as long as Zanu-PF wants it to be dragged out.

VIOLET: So Derek, what is the impact of the principle of collective responsibility on the MDC ? Some people have said while Zanu-PF has developed a pattern of breaching the Agreement in certain cases, the MDC is complicit in the breaches because they are doing nothing while Mugabe is in breach of their own Agreement. So do you agree that the MDC is participating in a government that is in breach of the Agreement and does this make them complicit?

DEREK: Well I wouldn’t say it makes them complicit Violet. The problem that the MDC leadership has is that they went into an agreement with Zanu-PF which gives them very, very little Executive Powers and we’ve seen over the last few days, the Prime Minister issuing instructions left right and centre but he doesn’t really have any powers to enforce those instructions. And he has just been ignored, so it wouldn’t be correct to say he is complicit in what’s happening - he’s just really powerless to do anything about it.

VIOLET: And of course, there are other people who are saying that we have seen Mr Tsvangirai and Mr Arthur Mutambara actually holding press conferences and talking about the violations. Is it possible that the MDC is highlighting these breaches for the record, so that when the time comes they will say they are withdrawing and cite all these breaches?

DEREK: Well that’s possible; certainly people will be monitoring the

Agreement and seeing to what extent the new government measures up to democratic benchmarks, but the MDC leadership has manoeuvred itself into a very invidious position where it is unable really to properly condemn the breaches of the Agreement by the Zanu-PF leadership. And we’ve seen for example over the last few days the MDC trying to avoid putting the blame on President Mugabe for the fact that people are still being arrested, that demonstrators are still being beaten up, that none of the democratic norms, which are very easy to implement, they don’t take any time to put into place, it just requires restraint on the part of Zanu-PF, we’ve seen the MDC leadership refusing to condemn Mugabe for these things because they can’t because they’re trying to foster a unity government. So they try and say well it’s these hardliners within Zanu-PF who are trying to sabotage the Agreement, whereas in fact, it’s just business as usual for Zanu-PF, there’s just been no change there and we’ve heard Mugabe himself say that his birthday bash, he said I’m still in charge, nothing has changed and he’s absolutely correct in that regard.

VIOLET: And so in terms of the implementation of this deal, is there any recourse, even at SADC level especially when Zanu-PF has said it will ignore SADC judgements on land?

DEREK: Well throughout the entire negotiation process, and I’m talking about really the negotiations that have been going on between Zanu-PF and MDC since early 2000, SADC has always come down on the side of Mugabe and this forcing and pressurising the MDC into this so-called power sharing agreement, I call it so-called because there isn’t much power share, really shows SADC’s complicity with Mugabe and they really just wanted this problem out of the way. And they knew they couldn’t get rid of Mugabe so the only solution for them was to disempower the MDC and that’s what they have succeeded in doing. As far as recourse to SADC is concerned, I wouldn’t hold your breath on that one. The only thing one can do really is to continue to highlight the lack of compliance of democratic norms in Zimbabwe and seek to have continued pressure placed on the people within Zanu-PF who are responsible for violating those democratic norms. Unfortunately as far as I could see from the news broadcast, we’ve seen Tsvangirai doing exactly the opposite and we see him calling for removal of sanctions, the targeted sanctions against the Zanu-PF leadership. But this is the invidious position that the MDC finds itself in by virtue of having entered into this agreement.

VIOLET: What could he do though?

DEREK: Well what many people in Zimbabwe feel is that the MDC shouldn’t have entered into this Agreement without having any real power to bring about any change in Zimbabwe and that’s where the basic mistake was made and the MDC are now trying to say let’s make it work, and I don’t know what they mean by that because even if the Agreement was fully implemented it wouldn’t actually restore democracy in Zimbabwe. So perhaps as the months go by or the weeks go by and it becomes evident even to the MDC people at grassroots level that the Agreement is not going to bring about any change in Zimbabwe , then the MDC leadership might reconsider their position. It’s unlikely that they’d withdraw from the unity government; it certainly should be an option on the table.

VIOLET: What is your view, briefly, on the issue regarding the current debate around Omar al-Bashir, the Sudanese leader’s indictment and what are the implications for Zimbabwe ?

DEREK: Well it’s good to see that the ICC is working effectively. It’s quite remarkable that the Bashir matter was actually referred to the ICC to the prosecution by the Security Council in the first place, so that holds up some hope that the countries who normally block these kinds of things, and we’ve seen in the case of Zimbabwe that China and Russia have played a significant role in preventing any action being taken over Zimbabwe, yet they seem to have been happy that the Bashir matter got referred to the ICC for investigation. So those things are all extremely positive in making the effective working of the ICC.

Certainly one can raise the complaints that perhaps the issues the ICC are dealing with are not evenly spread, that the ICC’s attention is drawn too much towards Africa - but that shouldn’t detract from the fact that where crimes against humanity have occurred, where war crimes have occurred, people should be prosecuted for them. And it’s very disappointing to see the AU countries rallying around Bashir in this regard because if that evidence exists then the AU must address that evidence. The ICC pre-trial court, the pre-chamber, I forget the official name for it, would not have issued that warrant of arrest if they weren’t satisfied that sufficient evidence existed to justify that warrant of arrest and the AU really needs to turn its attention to that fact.

VIOLET: I was going to ask also that can the provisions of the Rome Statute be deemed common international law because Zimbabwe hasn’t signed it and also some people are asking - does this mean that someone like Mugabe and his cronies will not be applicable?

DEREK: Well the fact that Zimbabwe hasn’t signed the Rome Statute doesn’t preclude a Zimbabwean from being referred to the ICC for prosecution. It simply means that if a Zimbabwean is going to be referred to the ICC for prosecution, it requires a Security Council resolution to that effect. Whereas if a country was a signatory to the Rome Statute then the country itself could refer people, or a Zimbabwean national on the territory of the signatory to the ICC could be referred, sorry a signatory to the Rome Statute could be referred to ICC for prosecution. So the fact that Zimbabwe isn’t a signatory doesn’t preclude Zimbabweans from being indicted by the ICC.

VIOLET: What about the inclusive government - if internally the leaders are asking for amnesty, that doesn’t stop individuals from taking the matter to The Hague ?

DEREK: Yes the amnesty is agreed by (inaudible) the government has no effect on the ICC’s determination to prosecute. The only way the ICC is going to be influenced by internal proceedings is if for example there’s an actual prosecutor of the perpetrator of crimes against humanity in Zimbabwe , then the ICC will say well it’s been dealt with locally, there’s no need to deal with it at an international level. But the ICC would look and see and make sure that the prosecution was genuine and properly pursued and any faux prosecution just to try and avoid the jurisdiction of the ICC would certainly not be acceptable by the ICC. And of course one also needs to remember that perpetrators of crimes against humanity, for example, South Africa is a signatory to the Rome Statute, if a person has committed a crime against humanity in Zimbabwe and travels through South Africa, the South African courts can use the principle of complementarity to prosecute that person who’s guilty of the crime against humanity in South Africa.

VIOLET: You know that Mr Tsvangirai has called for reconciliation, first of all, what does this mean and is this the avenue that Zimbabwe should follow?

DEREK: Certainly there needs to be a national healing and reconciliation but one’s not going to have reconciliation without some form of justice and the Civics have anticipated this position arising. They had a Justice Symposium in South Africa in 2003 with some 70 NGOs and they all agreed that the impunity which has characterised the history of Zimbabwe and Rhodesia , needs to come to an end and perpetrators of crimes against humanity need to face some form of justice.

Certainly that is the sense one is getting from the general populace and the victims of these crimes against humanity. Yes they’re prepared to reconcile and work for national healing but there needs to be some form of justice - whether it is restorative justice or retributive justice - they will have to investigate these issues. But there must be some form of justice.

Then you’ve got a situation Violet, where 95% of the violence, the political violence has occurred, has been perpetrated by one party, you can’t then stand up and say let’s forgive and forget and draw a line under it. You can do that if the violence was equally balanced between the two sides but when it is so disproportionately perpetrated by Zanu-PF to try and say well let’s just draw a line under this, smacks of a cover-up and a continuation of the kind of impunity we’ve seen in the past.

VIOLET: That was my final question because it appears that the perpetrators are crafting this agenda for forgiveness and this talk for reconciliation but I don’t know what the process is like on the ground there in Zimbabwe and as a person who has been working for the Research and Advocacy Unit, you have dealt and even helped a lot of the victims. Is there a process where there’s consultation with the people on the ground regarding this matter? I know you talked about what happened in South Africa , but what about in Zimbabwe itself? Has there been a process where people have actually been asked?

DEREK: Yes, well the emphasis and it’s repeated time and time again every time there’s a meeting of civics on this issue, is that it’s always emphasised that anything to do with transitional justice and national healing has to be people driven. So the first step in this process is to firstly make known to the victims of violence what their options are in regards to what’s called transitional justice - and whether it’s going to be a truth and reconciliation commission, whether it’s going to be prosecutions etc.

And once the people are able to make an informed decision in relation to what their options are, then one needs to canvass the victims of violence for their viewpoint. It’s not for the politicians or civil society or anything to dictate to the victims of violence as to how national healing should take place; it’s for the victims to suggest to the civics and to the politicians what they want to be done to achieve national healing.

The civics are trying to organise, to try and educate the victims on what the options are and then to get feedback from the victims as to how they want to proceed in the light of these options. But in an initial survey that we did, certainly it was done in August – the violence of the June 27 th presidential election was still very fresh but the people who carried out the survey said they couldn’t say the word reconciliation, they got as far as the first syllable and there was a great outcry saying we are not interested in reconciliation, we are interested in justice. Whether that attitude has changed since August of last year I don’t know. These kinds of surveys would need to be carried out.

Feedback can be sent to violet@swradioafrica.com

Aid money almost too tight to mention

Photo: IRIN

Aid to Zimbabwe must go beyond food

JOHANNESBURG, 12 March 2009 (IRIN) -

The international humanitarian community's most important tool for raising resources for action in Zimbabwe, the Consolidated Appeals Process (CAP), is out of date and in need of revision. The question is whether appealing for more funds to keep pace with worsening conditions will actually translate into enough money to remedy them.

The CAP 2009 was launched in November 2008, but "the situation in [Zimbabwe] has obviously moved on," Catherine Bragg, UN Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator, told IRIN.

Discussions were underway to ensure the CAP 2009 document better reflected the current humanitarian crisis in Zimbabwe, Bragg noted after leading a UN assessment mission to the country at the end of February. "The cholera epidemic is still ongoing and the humanitarian situation has gotten much worse."

By early March cholera had claimed more than 4,000 lives and nearly 90,000 Zimbabweans had been infected since the outbreak began in August 2008.

The food security situation is still deteriorating rapidly: the original CAP 2009 projected 5.1 million Zimbabweans depending on food aid in the first quarter of 2009, but that number is now closer to 7 million.

Growing hunger, growing needs

Halfway through 2008, the humanitarian community in Zimbabwe estimated it would take around US$350 million to address immediate needs in the country; by November the figure in the CAP had grown to US$550 million.

The new numbers were mainly a reflection of rising food insecurity - the food component shot up from US$173 million at the beginning of 2008 to US$411 million by the 2008 mid-year review. "A 137 percent increase," Luke McCallin, the Flash Appeal Coordinator of the Consolidated Appeals Process (CAP) at the UN Office for the Coordination of Humanitarian Affairs (OCHA), told IRIN.

In January 2009 the sharp increase in the number of emergency food aid beneficiaries led to a halving of cereal rations, which were already cut in late 2008 in the face of donor funding shortfalls.

By March 2009 the collapse of Zimbabwe's health sector and the unprecedented outbreak of cholera caused the CAP to balloon to well over US$570 million. Expectations are that the latest revision will lift the required amount beyond that, but the exact figure remains unclear.

"It is difficult to tell at this stage. There is an agreement to conduct inter-agency assessments that will inform the CAP Review," said Muktar Ali Farah, the Officer in Charge at OCHA in Zimbabwe.

Asking for money is one thing; getting donors to shell out is another. As of 12 March 2008, commitments to the 2009 CAP covered a mere 18 percent of requirements.

CAPs are notoriously underfunded, particularly early in the year. The average level of funding for all CAPs worldwide in 2009 so far is at 25 percent. "Zimbabwe is not far off the pace in terms of other African CAPs, either percentage-wise or in dollar amounts," McCallin said.

Having the money at the right time is often crucial. "One of the problems we have in general with CAPs is that donor financial years vary widely, and so their decisions on when and how much to fund do not always correspond to the needs as we identify them. For example, we often get increased funding towards the end of the year as donors look to spend their annual amounts."

'Lifesaving' semantics

Competing priorities mean the spread of limited finance across the various sectors of intervention has reached a critical point. "Zimbabwe is facing a multisector crisis. Food, health, water supply and Sanitation, and protection remain the main priorities at the moment," Muktar noted.

"The problem in Zimbabwe ... is that funding has not been going to sectors of the emergency which critically need it, such as agriculture and economic recovery," McCallin said. Sectors usually not perceived as 'life-saving' had long been downplayed due to their developmental nature.

Zimbabweans in S.Africa unconvinced by unity deal

http://www.reuters.com

Thu Mar 12, 2009 8:14am EDT

By Agnieszka Flak

JOHANNESBURG, March 12 (Reuters) - A month after a unity government was
formed at home, thousands of sceptical Zimbabweans are still crammed into a
Johannesburg church, sleeping on floors, stairs and aisles, with no plans to
return.

The Central Methodist Church has become a transit camp for Zimbabweans who
left their ruined country only to find more misery in South Africa, the
continent's biggest economy.

Inside the building, up to 2,000 huddle together in the only home they could
find. A further 2,000 spill out on to the streets, jostling for space to
sleep on the crowded sidewalks.

About 3 million Zimbabweans have fled to nearby countries, many of them to
their southern neighbour.

The September power-sharing deal between President Robert Mugabe and
opposition leader Morgan Tsvangirai finally produced a unity government last
month. There are signs that political tension in the new administration may
be easing.

Few in the church are cheering, however. They are still suspicious of Mugabe
and some hope for what seems to be the impossible before they go home for
good: a new political era without the veteran leader, who has been in power
since 1980.

"When some of us went back, they were immediately arrested ... I know that
would happen to me as well," said William Kandowe from Harare, a teacher.

Some braved crocodile-infested rivers and risked robbery or rape to get to
South Africa, hoping for relief from hyper-inflation and food and fuel
shortages.

"The majority of South Africans do not want Zimbabweans in the country: they
employ us and when it's time to get paid, they report you to the police,"
Kandowe said.

"You run away from danger just to be arrested, to be asked for a bribe and
then put back where you are running away from."

COMPLAINTS BY BUSINESSES

Zimbabweans, many highly educated, are often blamed for South Africa's crime
wave or accused of stealing jobs.

Businesses have started to complain about the numbers spilling out of the
church and sleeping on the sidewalks, and the health hazards that could
arise.

One of those in the church was diagnosed with meningitis this week, raising
the prospect of an outbreak to add to their hardships.

"Most of us were not used to such conditions ... to lie down on the floor
without a blanket or anything to make a cushion, but you can't go out
because the police will be after you," said Elizabeth Cheza, 30, who helps
process new arrivals.

Few would expect police protection if there is a repeat of last year's
attacks on foreigners.

The only option is to wait for signs that Zimbabwe's new government will
have something to offer.

Judging by reactions to the car crash that killed Tsvangirai's wife last
week, they will take a lot of persuading that stability is possible.
Tsvangirai ruled out foul play but some of those in the church were
sceptical.

"You can't have so many people in a place like this running away from a
country if it's a (paradise) ... there definitely is fish smelling in the
state of Zimbabwe," said Bishop Paul Verryn who runs the church.

As economic migrants in South Africa, most of the Zimbabweans do not have
refugee status and do not qualify for healthcare and social services.

"We sit here with people who are vulnerable and think they would be even
more vulnerable if they went back because they think that the knives have
not been put away yet." (Editing by Michael Georgy and Andrew Dobbie)

Siniukai Madondo, "We were thinking when we came off the train we'd find jobs"

Photo: Laura Lopez Gonzalez/IRIN

Siniukai Madondo

JOHANNESBURG, 12 March 2009 (IRIN) - The South African government's decision last week to close down a refugee reception centre at the showgrounds in Musina, near the border with Zimbabwe, has prompted many Zimbabweans to head south to Johannesburg in the hope of finding employment and shelter.

Siniukai Madondo, 19, arrived from Musina two days ago and has been at the crowded Central Methodist Church in Johannesburg. He spoke to IRIN about his journey.

"Back home [in Zimbabwe] we are not finding jobs; so many people come to this country. My father died when I was eight years old, my mother when I was 10. In my family, we are eight. I don't have brothers who are working so I was trying to help [in place of] my parents – I [thought] to come to South Africa.

"When I was coming from Zimbabwe to the South African side we were walking on foot, crossing the Limpopo River, and we met with robbers. I was afraid.

"I was wearing my shoes but they took them and gave me these [rubber sandals]. Even the clothes I am wearing are not mine, the robbers made us to exchange clothes.

"When we arrived at Musina, we stayed with Save the Children [an international NGO] and we were staying very well – food, shelter – we were given everything, even toothbrushes.

"They gave us some papers, and helped us – those who were staying at the showgrounds - to go to [the South African Department of] Home Affairs to apply for asylum.

"I came here to Johannesburg by train. On the train, we heard people who were talking about the Methodist Church, so when we arrived we confirmed where the church was.

"Today and yesterday, we were looking for jobs. But where can I get a job? We are loitering around. Yesterday, we slept outside. I don't think I will sleep inside [the crowded church] tonight; my aim is to go back.

"Other people who stay at this place, I don't have an idea what they do, because in the morning they wake and go out, so I don't know where they're going. They are too busy to tell you.

"We were thinking that when we came off the train, we'd find some jobs. We didn't. The life in South Africa is too good for those who have education, but if you don't ... it's better to go back to Zimbabwe, because in this country there is nothing."

Accident or not, MDC must let the dust settle

http://www.swradioafrica.com

Tanonoka Joseph Whande

I pray that Mai Tsvangirai rests in peace.
I pray that, for the sake of the nation and no longer for himself and his
family, Mr Tsvangirai has the courage to emerge from this disaster with the
same determination that he had before this tragedy occurred.
I pray that the Prime minister maintains or regains his focus.
Susan Tsvangirai stood by her husband through a lot of trying times and,
indeed, she died sitting next to her husband.

It is my hope that Mr Tsvangirai recognises that he and Mai Tsvangirai were
no longer 'private' people but belonged to the nation and, to that extent,
people will always talk about what happened or didn't happen.

Forgive me, I beg you.

Zimbabweans have endured a lot over the decades.
The death of Susan Tsvangirai is one of several warnings our nation has
received since independence and this does not, in any way, mean that her
death might not have been an accident.
It means that, once again, we are jolted to the realities of life.
Because, in some cases, the death of a good person unwittingly strengthens
or assists the bad.

I salute Mr Tsvangirai for his sheer energy, for his open wish to see
Zimbabwe regain its lost glory. I admire him for accepting, against much
criticism, embracing Mugabe.just for the sake of the nation.

Tsvangirai's sincerity and humility could not have been more apparent than
when he groaned and struggled to sit up in his hospital bed to greet Mugabe
who had come to see him.
I felt some revulsion to see Grace Mugabe shedding a tear or two and was
reminded of Mugabe kneeling before Levy Mwanawasa's widow.
Tsvangirai struggled up and reportedly said to Mugabe, "Baba, mwana wenyu
waenda. Zvakangoitikawo." (Father, your daughter is gone; it was an
accident).
I was unable to keep down my own tears as I watched the scene on television.
Had Tsvangirai felt wronged, it would have been clear. He had lost a wife
and had barely come out with his own.
But he maintained his cool and respect. I salute him.
Mugabe had, of course, brought in television cameras with him.

Now, I want to purposely digress and say to Mr Mugabe that there comes a
time when a man, a father and a leader has to acknowledge shame.
There comes a time when, given all that life has given you, you say thank
you and you sit down and watch the people you have weaned and liberated
enjoy the legacy of your efforts.
In your case, Mr Mugabe, you should have taken time out to enjoy what you
did for Zimbabwe.
You are now throwing handfuls of sand into the good food you cooked for the
nation.

It is unfortunate that today, you interfere with what your people want to do
for you.
It is regrettable that you, yourself, have no sense of time.
Your ideas, intentions and manners have become a burden to the nation.

You are selfish, Sir, and I say to you that you are being unkind to the
nation for denying us the opportunity to thank you for what you did for us.
You continue to deny us the respect that we should willingly bestow on you.
You make us orphans for, regardless of your forced presence, we are orphans;
we don't have a president. Not at all, Sir.

I am ashamed to be taking a cue from you who use burial ceremonies of other
people's children as platforms to embarrass us in the eyes of our community
and the world.
However, well-intentioned, you have become too synonymous with funerals,
Sir.
It appears as if your favourite captive audience is a funeral congregation
unavoidably brought together by what you have recently coined "the hand of
God".

Since the days of the liberation struggle, car accidents have been
synonymous with ZANU-PF, whenever it wanted to get rid of a foe or of one of
its own political children.
Car accidents with trailers sideswiping a victim's car or hitting badly
parked trucks litter ZANU-PF's history.
Today, our suspicions must be forgiven but understood.

Josiah Tongogara died under as still unexplained circumstances when his car
allegedly hit a military truck parked by the roadside.
After his death, ZANU-PF released an undertaker's statement saying his
injuries were consistent with a road accident, but no autopsy results or
pictures were released.

After independence, many of our compatriots active in politics died in
mysterious car accidents.

Interestingly, Mugabe's last three Political Commissars all died through
highly questionable road accidents.
Eliot Manyika perished in December 2008 after his Mercedes Benz sedan
reportedly overturned.
"A tyre on the official Mercedes-Benz in which Cde. Manyika was travelling
burst, resulting in the driver losing control," said the official report.
"The vehicle veered off the road then rolled. He was pronounced dead on
arrival at Mater Dei Hospital in Bulawayo."
The man Manyika had replaced as ZANU-PF Political Commissar, Border Gezi,
also died the same way.
"The Mercedes-Benz burst a tyre, resulting in the driver losing control,"
said the official report. "The vehicle then rolled once and veered off along
Masvingo Road on Saturday morning April 28, 2001. He was pronounced dead on
arrival at Mater Dei Hospital in Bulawayo."

Maybe the Mercedes Benz Motor Company should sue Mugabe and ZANU-PF for
tarnishing the image of their product.
Or, conversely, ZANU-PF should sue Mercedes Benz for killing its officials.
Surely, Benz vehicles can't just burst tires and overturn, killing Mugabe's
people?

And now our Prime Minister has barely come out alive from a car accident
that claimed his wife's life.
After the accident, the MDC said that they wanted an independent
investigation of the accident, implying that they were suspicious of the
accident.
But early this week, in a now familiar MDC flip-flop, the Prime Minister
himself told the press that it was, indeed, an accident.

The Prime minister's advisors should have allowed him to face the press only
to assure the nation that he was on the road to recovery and not to comment
on the accident itself since it is the subject of a court case.
Although we have absolutely no faith in Police Commissioner Chihuri and his
men, the Prime minister might have pre-empted police investigations.
Granted, the prime minister is an eyewitness to the accident and no one
disputes that.
People necessarily want to know how it happened and what caused it.
This accident is not a family matter; it is a national issue.

The Prime minister's statement that might have helped to calm nerves and
avert possible violent repercussions. I believe it was well intentioned.
We should, however, let the dust settle and then talk. We know that foul
play of this nature is made to appear real.
We are still talking about Tongogara's accident, Sydney Malunga's, Ziyambi
and Samuel Parerenyatwa's accidents.
There was also Ndangana, Duri, Mahachi and many others.

It must have been chilling for Tsvangirai to look up and see the Mugabes,
Emerson Munangagwa, the Director of the Central Intelligence Organisation
and a host of other Mugabe loyalists who had always persecuted him staring
down at him.
Could Mugabe have gone to the hospital to warn Tsvangirai of possible worse
things to come while he was in mourning and while his own wounds were still
fresh?
Could Grace Mugabe really cry in sympathy with Tsvangirai?

Why was the person who took photographs of the scene of the accident
arrested?

Forgive me for being skeptical. I have walked down this road before.
The heart of the matter is that we are now afraid to believe, off hand, such
car accidents.
We have buried so many of our compatriots who died in still unexplained and
mysterious car accidents.
We wonder why such unexplained car accidents only happen at critical times.

Yes, an allegedly drowsy truck driver might have hit Tsvangirai's car but
was that the accident?
Or the accident was that Tsvangirai did not die?

Whether it was an accident or not, none gives us comfort.
You see, I am very suspicious of the executioner who comes to my home to pay
his respects after hanging my kin.
What do you think? Send me your comments on tano@swradioafrica.com
I am Tanonoka Joseph Whande and that, my fellow Zimbabweans, is the way it
is today, Thursday, March 12, 2009.

PEACE WATCH of 11th March 2009 [A Day of Remembrance]

PEACE WATCH

[11th March 2009]

Today is the Anniversary of the Day that Shocked Zimbabwe

Exactly two years ago today Machipisa police station was the scene of an orgy of State violence following an attempt by the Save Zimbabwe Campaign to hold a prayer meeting at Zimbabwe Grounds in Highfield. Morgan Tsvangirai and other MDC leaders including Tendai Biti, Grace Kwinjeh, Nelson Chamisa, Sekai Holland and Elton Mangoma, prominent figures from civil society and the churches, and members of the general public were savagely beaten for prolonged periods by police and other State agents. Some were seriously injured and are still suffering from their injuries.

Never Again

At the time a ZANU-PF party spokesman stated that the assaults were “part of the normal interaction with the police”. This could not be a louder clarion call for not only the retraining of the police as called for in the Interparty Political Agreement, but also a total change of heart and attitude on the part of the political leadership and the leadership in the police and security agencies.

This change must come from the very top. Zimbabwe Human Rights NGO Forum Political Violence Report December 2007 [available on www.hrforumzim.com] quotes President Mugabe as saying when addressing a ruling party rally on 29 March 2007: “Of course he [Mr Tsvangirai] was bashed. He deserved it. I told the police to beat him a lot. He and his MDC must stop their terrorist activities.”

There are indications that the desired change is possible. President Mugabe, at Amai Susan Tsvangirai’s funeral service, said "We have many followers. So many have lost their lives. Gone should be the days of violence."

A Woman of Peace – Amai Tsvangirai

Today is the day that Susan Nyaradzo Tsvangirai was buried at the Tsvangirai rural home in Buhera. Her influence, in the party which her husband heads, in her church, among her friends and with all she came in contact with, has been profound. She is above all an example of a woman of peace. Remarkable for her serenity in all she did, her deep faith and desire “to promote peace where there is discord” enabled her to quieten down hot-headed youth and assist them take more constructive paths. Although the injuries inflicted on her husband, both when he was a trade union leader opposed to government policies and when he became president of the MDC, and in particular when he was injured so badly at Machipisa [see above], caused her much pain and suffering, she only expressed forgiveness and the hope that good would come out of it – there was never a word of bitterness or desire for retribution. She gave comfort to others who had survived violence and to the families of political detainees. The welcome she gave to all at her home was echoed at her mourning where people from all parties and all walks of life gathered to pay tribute. Mourners said that it was remarkable that her death brought so many people together. Many people after the service remarked that for the first time political “enemies” were perceived as human beings. Her gift to the nation is one of peace, tolerance and inclusivity.

Roy Bennett’s Bail Confirmed by Supreme Court

The State's appeal against the granting of bail to Roy Bennett was turned down this afternoon, when the Chief Justice confirmed the High Court decision to grant bail. Bennett should have been released over a week ago when the High Court threw out the State’s request to appeal against bail. His release was thwarted by the State appealing direct to the Supreme Court against the decision of the High Court. Now bail has been upheld with slight modifications to the conditions. He is expected to be released on Thursday after four weeks in custody on what are widely believed to be trumped up charges. Although, for a just and stable society, the due process of law must take its course, these unnecessary delays are being interpreted as political interference in the justice process. At a time when the government is asking for Zimbabweans to pull together and work for the peace and recovery of the nation, this is counterproductive to the cause of national healing and the establishment of tolerance and peace. For detailed reports on Bennett court hearings see Zimbabwe Lawyers for Human Rights reports available from kumbi@zlhr.org.zw.

Update on the Zimbabwe Peace Project Staff who were Abducted and Detained

Pascal Gonzo was released without charge in early February. Jestina Mukoko and Broderick Takawira are on bail under stringent conditions; they will take time to heal from their torture and still are facing the ordeal of coming to trial.

Update on the Other 13 Political Detainees who were Abducted Last Year

Shadreck Andrisson Manyere is now the only one of the abductees still in Chikurubi. He, Chris Dhlamini and Gandhi Mudzingwa of the “bomber group” are the only abductees still in custody, having been refused bail by the High Court [Dhlamini and Mudzingwa, however, are detained in the Avenues Clinic, under prison and police guard]. Their lawyers are working on an appeal to the Supreme Court against the High Court decision refusing bail. The other four members of the “bomber group” are all out on bail [Mapfumo Garutsa, Regis Mujeyi, Chinoto Zulu and Zachariah Nkomo].

All members of the “recruiter group” are now out on bail. The last three still in custody [Pieta Kaseke, Violet Mupfuranhehwe and Collen Mutemagau] were finally released on bail on 10th March, having satisfied their bail conditions. The reason for the delay was that they had to wait for the Registrar-General’s Office to confirm that they do not hold travel documents.

Court Hearings Coming Up

Concillia Chinanzvavana et al [the 9 in the “recruiter group”, including Jestina Mukoko] are due back in the magistrates court on 20th March.

Chris Dhlamini et al [the 7 in the “bomber group”] are due back in the magistrates court on 23rd March.

The constitutional applications by Jestina Mukoko, Broderick Takawira and Audrey Zimbudzana are still pending before the Supreme Court, but no date of hearing has been fixed. [The Chief Justice said on the 12th January that Jestina Mukoko’s application was urgent.]

Abductees who were being Detained as State Witnesses

Last week a High Court judge ordered the immediate release of Terry Musona, Fanwell Tembo and Lloyd Tarumbwa from “police protective custody” as State witnesses in the cases against the other abductees. They have now returned to their homes in the Banket area, after being unlawfully held for over four months.

Abductees/Detainees who are Still Missing

There is no further news concerning the seven other named abducted persons on the lawyers’ books who have never been brought to court on criminal charges. The lawyers have still not been able to trace their whereabouts and the police have not produced them. The MDC also reported other missing persons.

“Boy scout trainers” released

In another seemingly politically motivated case of detention on charges of offering training in banditry and insurgency, three ex-members of the Rhodesian forces were arrested in early January and accused of recruiting MDC youths for training on a small plot in the Goromonzi area. Taken to court, they were refused bail, remanded in custody and held in Chikurubi Maximum Security Prison. On 5th March, however, they were released when a magistrate ruled that they had no case to answer – the police had produced no evidence to counter defence claims that the only training done on the plot was for the Boy Scout movement.

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

Roy Bennett released from prison