http://www.telegraph.co.uk
Up to 10,000 failed asylum
seekers face being returned to Zimbabwe after the
Home Office last night
lifted a near five-year ban on removals.
By Tom Whitehead, Home Affairs
Editor 6:25PM GMT 14 Mar 2011
The country’s most senior immigration judge
yesterday ruled it was now safe
to return people to the majority of the
country.
Mr Justice Blake, president of the Upper Tribunal for
immigration and
asylum, sitting with two other judges, revised formal
guidance for sending
to Zimbabwe paving the way for removals to start
immediately.
Forced removals to Zimbabwe were suspended in September 2006
because of
growing concerns over human rights abuses by the Robert Mugabe
regime.
But the country is considered safe following the formation of an
'inclusive'
government, led by the former opposition leader and now Prime
Minister
Morgan Tsvangirai, in 2009.
Damian Green, the immigration
minister, signalled in October that the
suspension was to be lifted but the
Home Office had to wait for the outcome
of the Upper Tribunal ruling before
acting.
There are an estimated 10,000 failed Zimbabwean asylum seekers in
the UK, of
which around 3,000 have exhausted all appeals and
challenges.
The court stressed it may still be too dangerous to send
people back to some
rural villages or other pockets where they may still
face a serious risk of
persecution.
Among those who now faces the
prospect of being returned is former X Factor
contestant Gamu Nhengu, who
has been refused a visa to stay in the UK and
has not claimed
asylum.
Matthew Coats, head of immigration at the UK Border Agency, said
"We welcome
the court's findings. The UK Border Agency will continue to
consider all
asylum applications from Zimbabwe on their individual merits
and with
enormous care.
"We prefer people who are here illegally to
leave voluntarily and we offer
an assistance package to help them
reintegrate into their home country. For
those who choose not to do so, it
becomes necessary to enforce their
departure.”
http://www.swradioafrica.com/
By Tichaona Sibanda
14
March 2011
Prime Minister Morgan Tsvangirai is to embark on a diplomatic
offensive to
seek greater support from the SADC regional bloc, following an
intense blitz
on his party officials and activists by ZANU PF.
In
recent weeks MDC legislators and supporters, plus human rights and
pro-democracy activists, have been on the receiving end of an escalating
crackdown by Robert Mugabe’ ZANU-PF party, which is destabilizing the unity
government.
An MDC insider told us Tsvangirai believes that success
in the shaky
inclusive government requires the positive support of the SADC
regional
bloc. Since the crackdown began in January SADC has been completely
silent.
During his week long foray, the MDC leader is expected to try to
push SADC
to convene the long delayed Troika summit on Zimbabwe. The summit,
which has
been postponed several times, is set to deal with the outstanding
non-compliance of the Global Political Agreement, something that continues
to impede the transitional government.
Both SADC and the AU are
guarantors to the GPA and it is believed the Prime
Minister will also brief
the regional leaders on the latest crackdown on
many of his officials and
party supporters.
The latest political crisis was triggered by the arrest
of Elton Mangoma,
the Energy and Power Development Minister, who is a key
ally of Tsvangirai.
Also creating this crisis was the Supreme Court
judgement that nullified the
election of the MDC-T’s Lovemore Moyo, the
first non ZANU PF speaker of
Parliament since independence in
1980.
On Monday Tsvangirai met Mugabe for their usual weekly meetings and
it was
the first time the two met since last week’s volatile events.
Tsvangirai’s
spokesman Luke Tamborinyoka confirmed the meeting, but would
give no
details.
The Prime Minister’s first port of call in the
region is expected to be
Lusaka, Zambia, where he will meet with the Troika
chairman, President
Rupiah Banda.
In November 2010, a SADC Troika
failed to meet in Gaborone, Botswana because
Banda and President Armando
Guebuza of Mozambique did not bother to show.
Analysts roundly condemned
SADC for treating the Zimbabwe crisis lightly and
blamed some of the leaders
for treating Mugabe with kid gloves.
The MDC is calling upon SADC to take
a leading role in drawing up a roadmap
to ensure free and fair elections in
Zimbabwe. Tsvangirai has been
advocating for this roadmap to ensure a
credible poll.
http://www.swradioafrica.com/
by Irene Madongo
13
March 2011
The head of a civic organisation and more MDC members were
arrested over the
weekend, as the attacks on activists by police
worsened.
The director of the Crisis in Zimbabwe Coalition, McDonald
Lewanika, was
arrested on Saturday. Police said the 300 blank t-shirts and
stencils he was
carrying were going to be used by young people at a music
concert to print
and wear anti-government messages. The concert was held at
the Aquatic
Complex in Chitungwiza and organised by a local organisation,
Uhuru Vibes.
Lewanika said he was going to the concert to distribute
t-shirts to young
people, but not for anti-government purposes. But he was
arrested in Zengeza
around 4pm and taken to the police station.
“The
idea was to give people t-shirts and spray paint and allow them to
write
their own messages. It was part of a creative exercise. The police did
not
believe that. They started accusing me of wanting to hi-jack a musical
concert and turn it into a political gathering,” Lewanika explained. “They
were alleging I was going to instruct the young people who were at the venue
to write very political messages, possibly against the
government.”
Lewanika said he did have some t-shirts and wristbands in
his car, which had
the slogan ‘Abasha Posa’ (‘Down with POSA’) printed on
them. However the
bulk of the t-shirts were blank. POSA (Public Order and
Security Act) is a
widely despised law, which the police have been using to
ban public meetings
or rallies by those opposed to Robert Mugabe and his
ZANU PF.
Lewanika was released about seven hours later, on condition that
he
surrendered his car and the t-shirts. On Monday he was told he has being
charged with ‘behaving in a way that can disrupt peace,’ under the Criminal
Law Codification Act.
Lewanika’s arrest is part of a heightened
attack by the police on civic
groups and political activists opposed to ZANU
PF.
On Sunday there was another attack on the MDC. The party reports that
30
police officers besieged its headquarters at Harvest House in Harare at
night, and arrested three staff members. Desmond Ncube, the MDC youth
assembly national coordinator, and two security officers, Trust Phiri and
Hebert Murori, are still in custody and they have not been charged
yet.
Sunday’s arrests follow a dramatic week for the party. On Thursday
the MDC-T
was dealt two heavy blows. Firstly, MDC-T MP and Energy Minister
Elton
Mangoma was arrested on charges of criminal abuse of office, based on
allegations that he awarded a contract to a South African company without
going through the tender process. Mangoma has denied any wrongdoing and has
pointed out that as Energy Minister he has sweeping powers in an emergency
to acquire fuel for the country without going to tender.
On the same
day the MDC-T’s Lovemore Moyo was deposed as Speaker of
Parliament, after
the Supreme Court ruled that his election was irregular.
Following
Mangoma’s arrest, MDC-T leader Morgan Tsvangirai announced that
the parties
in the coalition government should have a clean divorce, saying
elections
were now the only way forward.
The many arrests have netted members of
other political parties too. Three
leaders of Mthwakazi Liberation Front
were arrested over a week ago and
formally charged with treason, which
attracts the death penalty. Paul
Siwela, John Gazi and Charles Thomas are
being accused of distributing
flyers urging people to stage anti-government
revolts like in Egypt and
Tunisia. They are accused of holding a meeting
where they allegedly
discussed overthrowing the government. On Friday they
were remanded in
custody until March 25.
Others still locked up
include International Socialist Organisation
coordinator, Munyaradzi Gwisai,
and five activists who have also been
charged with treason, after watching a
video of the Egypt uprising. The six
were denied bail despite local and
global outrage at their arrest and severe
torture while in prison. They were
further remanded to March 21.
Meanwhile in Bulawayo, three men,
Mphumelelo Donga, Kevin Ncube and Gift
Mlalazi, appeared in court on
Thursday on allegations of laughing at a
cartoon of Robert Mugabe, his wife
Grace and the Reserve Bank Governor
Gideon Gono.
According to SW
Radio Africa correspondent Lionel Saungweme, the men picked
up the cartoons
on a street in Bulawayo and were arrested, for laughing.
They were charged
under the Criminal Law Codification Act and have been
remanded out of
custody. They will return to court on 30 March.
However, Ncube has since
been sentenced to 22 months in prison for another
charge, which Saungweme
says is believed to have been trumped-up as the
complainant has written an
affidavit confirming that Ncube is not at all
connected with the case. “It
would look like the state just wanted to punish
him to prove a point that if
you are found in possession of a note
ridiculing the president, you will be
arrested, whether you are innocent or
not.” The cartoons are printed on fake
bank notes.
Saungweme said the lawyer dealing with the case, Mr Jamela of
Zimbabwe
Lawyers for Human Rights, has a number of cases in Plumtree
involving the
cartoon notes and told him that members of the CIO have
approached him.
The police and CIOs are understood to be hunting the
cartoon notes down.
“The attitude and mood of the police regarding the
cartoons is really
serious. They are in a harsh mood,” Saungweme explained,
“CIOs are really
hunting for people in possession of this. They really want
to know where
they are coming from.”
http://www.radiovop.com/
14/03/2011 16:25:00
Harare, March 14, 2011 -
Zimbabwe police raided Harvest House, the
headquarters of Prime Minister
Morgan Tsvangirai Movement for Democratic
Change (MDC) arresting five people
whose charges are yet known.
The MDC said 30 police officers besieged
Harvest House at around 7pm on
Sunday night and arrested officials and
youths who were at the headquarters.
The party said the five arrested are
still in police custody.
"About 30 police officers besieged the MDC
National Headquarters, Harvest
House at around 7pm last night and arrested
three staff members – Desmond
Ncube, the MDC Youth Assembly National
Coordinator, two security officers,
Trust Phiri and Hebert Murori – who were
at the office. They remain in
custody though no charge has been levelled
against them," the MDC said.
Tsvangirai last week blasted the police and
the courts for leading the
arresting and persecution of their officials and
supporters since the
formation of the unity government of President Robert
Mugabe and Tsvangirai.
Meanwhile, Crisis in Zimbabwe Coalition has said
police have charged their
director, Mcdonald Lewanika who was arrested and
released over the weekend.
Lewanika was arrested and briefly detained over
the weekend at makoni police
station without charge.
"Mcdonald
Lewanika has been charged with contravening Sect 46.2 of Criminal
Law and
Codification Act. Police to proceed by way of summons and will
remain ceased
material," CiCZ said in an alert.
Before the formation of the coalition
government police made several raids
at the Harvest House in a move that was
described by the MDC as meant to
intimidate the party. No charges preferred
by the police managed to stick in
court.
Last week police arrested
Elton Mangoma, Ernegy and Power Development
minister on fraud charges but
Tsvangirai dismissed the charges saying the
move was political.
http://www.swradioafrica.com
By Lance Guma
14 March 2011
5 years
after Welshman Ncube invited Arthur Mutambara to lead the breakaway
faction
of the MDC, the relationship has turned sour, with Ncube now seeking
Mutambara’s arrest for allegedly being in contempt of a court
order.
Last month Bulawayo High Court Judge Nicholas Ndou ruled that
Mutambara
could not ‘purport’ to be president of the party and was
‘interdicted from
exercising any function vested in the president of the MDC
and/or principal
in the inclusive government pending the finalization,’ of
the leadership
dispute in court.
Mutambara refused to step down as
Deputy Prime Minister, a position Ncube
was eyeing as the newly installed
leader of the smaller MDC faction. Despite
the High Court interim order,
Mutambara has continued attending the weekly
meetings of the three
principals in the coalition government.
Edwin Ndlovu, who is the Bulawayo
spokesman for the MDC-N, said they are,
“Filing court contempt charges
against Mutambara because he should not be
attending the principals’ meeting
since he is not the MDC leader. He is
violating a court order and should be
arrested. He can do any other
functions of the DPM, but not any other
functions relating to the party that
principals discuss every
Monday.”
But on Monday one of Mutambara’s aides told SW Radio Africa that
the interim
order granted by Justice Ndou gave Mutambara 10 days in which to
file a
notice of opposition, and he said Mutambara’s lawyers did
this.
“The meetings between Mugabe, Tsvangirai and Mutambara are meetings
of the
signatories to the GPA, whose duty it is to implement the agreement.
That
agreement does not state that there will be a meeting of Presidents of
parties every Monday,’ the aide told us.
The official who declined to
be named, arguing the case was sub judice
(before the courts), said; “Are
these not the same people who convened a
press conference last month and
told the world they had donated Mutambara
and the DPM post to ZANU PF? So
why are they objecting to Mutambara
attending the weekly meetings as Deputy
Prime Minister?”
Political commentator Dr Bekithemba Mpofu told SW Radio
Africa that
Mutambara had lost the chance to exit the political stage
gracefully and
would be the main loser from the saga. He said Mutambara had
no problems
when he gave up leadership of the party at the January congress
but
‘everything started going downhill’ when the party asked him to step
down as
the Deputy Prime Minister.
http://www.swradioafrica.com/
By Alex Bell
14 March 2011
As
the country’s civil service wait for a June review of their low monthly
wages, government ministers have reportedly awarded themselves a significant
raise.
According to The Standard newspaper, Cabinet Ministers, MPs
and Senators
have all had increases, which came into effect in January.
Ministers are now
said to be earning an average of US$2000 a month, while
their deputies have
had a salary jump from about US$400 a month to an
estimated US$1600.
Ministers and deputies are also receiving up to US$300 in
allowances on top
of their earnings. MPs wishing to remain anonymous have
reported that they
are now taking home up to US$940 a month.
The
revelations come as Cabinet has agreed that civil servants must get a
salary
review by June and receive loans so that they can buy houses and
cars. The
civil service has been fighting a losing battle since last year to
get
increases, with the majority of workers taking home less than US$200 a
month. Civil service unions are demanding a minimum salary of about US$500 a
month, but the government has insisted that it does not have the money to
meet these demands.
Public Service Minister, Professor Eliphas
Mukonoweshuro, told SW Radio
Africa last month that “we are willing as a
government to pay civil servants
a salary that is commensurate with the
responsibilities that they face on a
day-to-day basis. A salary that enables
them to look after all their general
welfare needs.”
“But it has not
proved to be possible because of the meagre resources that
are available and
the very low levels of revenue flows into the Treasury,”
the Minister
added.
The President of the Progressive Teachers Union of Zimbabwe
(PTUZ),
Takavafira Zhou, told SW Radio Africa on Monday that it was
“baffling” that
Ministers and MPs have received increases, despite insisting
that there is
no money. Zhou said this was a clear sign of the
“non-sincerity in the
government and their claim that there is no
money.”
“The political parties just want to use us in their own
contestations, and
we are reminded that we are worthless. We are angry and
will respond
accordingly,” Zhou said.
http://www.zimonline.co.za/
by Patricia Mpofu Monday 14 March
2011
HARARE – President Robert Mugabe and Prime Minister Morgan
Tsvangirai are
today expected to discuss a widening crackdown by state
security forces
against the premier’s supporters threatening to split the
troubled Harare
coalition government.
Mugabe, Tsvangirai and
controversial Deputy Prime Minister Arthur Mutambara
usually hold meetings
every Monday to deliberate on issues affecting the
coalition
government.
But insiders said over the weekend that today’s meeting would
be a no-holds
barred affair in the wake of the ouster of Tsvangirai’s
national chairman,
Lovemore Moyo, as Speaker of Parliament, the arrest of
his energy minister
Elton Mangoma and several other legislators and
officials from the popular
faction of the Movement for Democratic
Change.
Moyo was dethroned as Speaker last Thursday after the Supreme
Court ruled
that his election was irregular, while Mangoma was arrested on
allegations
that he abused his office by awarding a little-known South
Africa firm to
supply fuel without going to tender.
The ouster of
Moyo and the arrest Mangoma, who spent the weekend at Harare
Remand Prison,
has angered Tsvangirai who last Thursday threatened to pull
out of the unity
government citing Mugabe’s machinations to frustrate the
MDC in
government.
The meeting today also comes in the wake of reports of
renewed political
violence amid claims that state security agents are on a
drive to arrest
civil society activists who have been at the forefront of
exposing political
violence and human rights abuses.
On Saturday
police arrested Macdonald Lewanika, the director of Crisis in
Zimbabwe
Coalition for as yet unknown reasons.
An alert from
Crisis circulated on Saturday said Lewanika was detained at
Makoni Police
station in Chitungwiza town, about 25km east of Harare.
On Thursday
police visited the offices of the Zimbabwe Human Rights NGO
Forum where they
demanded to see its director Abel Chikomo who, however was
not in the
office.
Chikomo is expected report to police today amid fears he could be
arrested.
Scores of other leaders and activists of the MDC-T and its
civil society
allies are either being held in jail or facing charges that
the former
opposition party says are trumped up and an attempt to destroy
its
structures ahead of a key constitution referendum later this year and
elections that should follow the plebiscite.
Tsvangirai has said
hawks within ZANU PF were behind the harassment of MDC
members describing
the actions of the hardliners as causing “pain and
suffering”.
But
the former opposition chief, who has partially withdrawn his party from
the
unity government before, also showed how limited his options were,
calling
last week for a clean divorce with ZANU PF while at the same time
vowing
that the MDC-T would stick with the troubled transition process.
He said:
“If there is a breakdown in the relationship of the parties in the
GPA, it
is important for the parties to agree on a clean divorce. As far as
we are
concerned, the roadmap that President Zuma (Jacob) has committed
himself to
draw up is the only solution to this madness.”
Zuma is the Southern
African Development Community (SADC)’s official
mediator between Tsvangirai
and Mugabe, two bitter foes who only agreed to
form a unity government under
immense pressure from the regional body
following inconclusive elections in
2008.
The South African leader is understood to be drafting a roadmap
that should
see Zimbabwe hold free and fair elections. Under Zuma’s roadmap,
elections
will follow a referendum on a new constitution and will also set
milestones
such as electoral reforms, the role of security forces and how to
smoothly
transfer power.
But analysts say escalating political
violence perpetrated by hardline
elements in ZANU PF party and the military
could render Zuma’s roadmap
meaningless. – ZimOnline.
http://www.zddt.org
Written by The Editor Monday, 14
March 2011 13:47
Zimbabwe should see renewable ethanol come
to market in June this year.
The news comes as Green Fuels, the company
setting up an ethanol plant in
Zimbabwe's Lowveld region, reports delays to
construction efforts at the
plant.
“The key components of the plant
have been sourced from Brazil and this
material has been shipped to the
country through Durban port facilities,”
Green Fuel general manager, Graeme
Smith, said in a
statement.
Unfortunately a strike by South African
port authorities means delays of
three months will be
experienced.
“The strike action had a ripple effect on the transportation
of our parts
for the distillery, boiler section, as well as the mill house.
At this stage
it is safe to say our ethanol will be on the market by June
this year,” said
Smith.
Daily News reports that the company said it
had now implemented a 24-hour
work schedule to complete the construction of
the plant. The project, which
on completion and when fully operational will
employ more than 10 000
people, will help reduce the price of fuel in
Zimbabwe.
The by-products from the plant will be used to produce
electricity, enough
to light up the whole of Manicaland and also produce
large quantities of
stock feed.
The community is also benefitting
through outgrower projects, while
irrigation schemes in the area have been
revived after Green Fuels repaired
the Agricultural Rural Development
Authority (ARDA) pumps which had not been
working for more than five
years.
“Eight hundred Green Fuel technicians have been working around the
clock to
ensure that the plant will be operating by June, ready to start
processing
over 5,000 hectares of sugarcane into high quality anhydrous
ethanol.
“The current phase of the first plant will require 11500ha and
will produce
350,000 litres a day of Ethanol for 300 days, which equates to
just over a
100 million litres annually.
Phase two will progression
to 150 million litres a year and 250 million
litres in phase three,” said
Smith.
Green Fuels, using their agricultural company, Macdom and Rating
Investments, is growing cane on vast swathes of land on Chisumbanje and
Middle Sabi estates under a build, operate and transfer arrangement with
Arda.
ARDA will inherit everything, including state-of-the-art
mechanisation at
the end of the agreement whose lifespan is 20 years.
http://www.africareview.com/
Zimbabwe has threatened to take over Coca
Cola for failing to comply with
the country's laws seeking to force them to
transfer their majority
shareholding to locals. FILE | AFRICA REVIEW |
By
KITSEPILE NYATHI in Harare
Posted Monday, March 14 2011 at
17:05
Giant US beverages manufacturer Coca Cola is one of the close to
800 foreign
companies that face prosecution for failing to comply with
Zimbabwean laws
seeking to force them to transfer their majority
shareholding to locals.
According to state media reports at the weekend,
795 companies missed last
year’s deadline to submit proposals on how they
intended to reconfigure
their shareholding structures to comply with the
law.
Zimbabwe last year passed a law that seeks to force foreign
companies to
cede 51 per cent of their shareholding to locals.
“We
have now reached the process of de-registering defiant companies and any
time from now, some companies will be closed for defying the indigenisation
law,” the Permanent Secretary in the Ministry of Youth Development,
Indigenisation and Empowerment, Prince Mupazviriho told the state owned
Sunday Mail newspaper.
He said government had sent communication to
some of the companies urging
them to comply with the controversial law, but
still faced some resistance.
The list published by the paper included
Coca Cola Central Africa and a
number of conglomerates that sustained
Zimbabwe’s economy during one of its
devastating recessions, which ended in
2009.
Human rights activists
“We have a list of about 900
companies that we believe fall within the
legislated threshold and some of
them will be closed,” Mr Mupazviriho said.
In addition to seizing
majority shareholding in foreign owned companies,
President Robert Mugabe
has threatened to take over companies whose owners
come from the European
Union and the US.
http://mg.co.za/
RAY NDLOVU Mar 14 2011
13:28
President Robert Mugabe's sabre-rattling about the possible
seizure of major
companies with "Western links" is an "idle threat,
political rhetoric and
mere browbeating by Zanu-PF to coerce foreign
companies into speaking out
against sanctions", economist Eric Bloch said
this week.
Until now Zanu-PF has been dilly-dallying over the
implementation of the
indigenisation and empowerment law enacted in 2007.
However, it has been
given new impetus by the party's anti-sanctions crusade
launched more than a
week ago, which Mugabe explicitly coupled with threats
to seize key foreign
companies.
In the spotlight are the country's
"big five", Nestlé, Rio Tinto, Old
Mutual, Barclays and Standard Chartered
and British American Tobacco.
Saviour Kasukuwere, the indigenisation and
empowerment minister said 600
foreign companies have already submitted
proposals to his ministry on how
they will meet the indigenisation
requirements. The empowerment law targets
foreign companies with a value of
more than $500 000, which must cede a 51%
controlling stake to indigenous
Zimbabweans.
Nestlé Zimbabwe
Swiss-based food conglomerate Nestlé fell
out of favour with Mugabe over its
decision, in response to international
pressure, not to buy milk from his
Gushungo dairy farm, but insists it
remains "committed" to Zimbabwe. With
more than 50 years of operation, it
employs 1 000 Zimbabweans. At his 87th
birthday celebration last month,
Mugabe instructed Kasukuwere to go after
Nestlé first.
Rio
Tinto
The British-Australian mining company holds a 78% stake in one of only
two
known kimberlite diamond mines in Zimbabwe, at its Murowa operation. The
remaining shares are already held by Rio-Zim, an independent, indigenous
outfit that is likely to contest Zanu-PF's ambitions to nationalise the
diamond industry. Rio Tinto recently invested an additional $300-million in
Murowa to increase the production of high-quality gems.
Old
Mutual
Old Mutual is the largest investor on the Zimbabwe Stock Exchange and
wholly
owns Central Africa Building Society, the country's largest mortgage
lender.
It is highly unlikely that Zanu-PF would go after this cash cow,
from which
it nets significant revenue in stock market trading. The Zimbabwe
Chamber of
Mines has warned that "picking a fight with Old Mutual would
result in a
flight of investment".
Barclays and Standard Chartered
banks
Barclays and Standard Chartered jointly employ 2 000 Zimbabweans and
operate
almost 60 branches in the country. As giant multinationals of high
international reputation, they are unlikely to be expropriated. However,
tension is running high between Standard Chartered and Zanu-PF over the
bank's alleged blocking of a uranium deal with China, which Zanu-PF has
interpreted as a form of sanctions.
British American Tobacco
BAT
is a dominant player in a sector which accounts for 40% of Zimbabwe's
earnings from agricultural production. After years of decline there are
projections of a recovery this year, with nearly 200-million kilograms being
harvested. A Zanu-PF minister said recovery of the agricultural sector was
welcome, but BAT must comply with indigenisation laws and stop moving
profits offshore.
http://www.swradioafrica.com
By Alex Bell
14
March 2011
ZANU PF is reportedly being propped up by a controversial
Chinese
businessman, who has been supplying the Central Intelligence
Organisation
(CIO) with the means to keep Robert Mugabe in
power.
According to South Africa’s Sunday Times newspaper, elusive
business magnate
Sam Pa and CIO chief Happyton Bonyongwe have struck a deal,
which sees Pa
financing “a covert operation whose purpose is to sustain
President Robert
Mugabe's regime.” The newspaper quotes “disillusioned
intelligence officers
and party officials,” who are said to be “unhappy”
about how Zimbabwe’s
natural resources are being traded for “personal and
electoral gain.”
These sources allege that in return for Zimbabwe’s
diamonds and other
mineral resources, Pa has provided funds and equipment to
the CIO to enable
it to deliver ZANU PF an electoral victory. The money is
reportedly being
used to train and deploy militias who are harassing and
intimidating
Zimbabweans across the country. It is also understood that Pa
has provided
the technology to rig election outcomes in ZANU PF’s favour, a
tool the
party has repeatedly used to “win” previous elections.
The
Sunday Times reports that Pa is also responsible for personally
providing
the CIO with fleets of cars and, in early 2010, he offered to
match the
salaries of the entire staff of the CIO, the police and the armed
forces to
ensure their loyalty to ZANU PF.
Bonyongwe meanwhile stands accused of
keeping this relationship well oiled,
after ‘negotiating’ Pa’s involvement
in the Chiadzwa diamond fields. Pa is
said to be behind the creation of the
joint-venture Sino Zim Development,
which was recently granted a licence to
mine at Chiadzwa. The sources told
the Sunday Times that using different
aliases, Pa had flown out of Harare
and military airbases last year with
about 60 000 carats of high quality
diamonds and 69kg of the industrial
kind. Quoting “renegade CIO sources,”
the Sunday Times said that Pa himself
“is part of the grand plan to use
(Chiadzwa) diamonds to prop up the
regime.”
The business magnate, described as ‘elusive’ and ‘canny’, is
reported to
have made similar arrangements in other African countries.
Oil-rich Angola
is described by the Sunday times as “a prime example.” Pa
has also invested
heavily in mineral-rich Guinea and Tanzania, while
Madagascar has also been
linked to the Hong Kong based
businessman.
Political analyst Professor John Makumbe told SW Radio
Africa that ZANU PF’s
involvement with such a character is not
surprising.
“It is typical of ZANU PF to be linked to the likes of Sam
Pa, people who
are involved in shady business deals, people who deliberately
avoid
transparency,” Makumbe said.
China’s influence in Zimbabwe is
strengthening all the time, and it is
understood that the Development Bank
of China is planning US$10-billion
worth of investments in Zimbabwe over the
next five years. Last week,
Chinese merchant Sinotex announced a
US$500-million cotton production deal,
set to benefit the ZANU PF
beneficiaries of Robert Mugabe’s land grab. At
the same time, Zimbabwe’s
biggest tobacco buyer is a Chinese firm, Tian Ze,
while the Chinese
agribusiness Beidahuang Group is said to be negotiating
for Zimbabwe’s cane
and forestry estates. The China National Nuclear
Corporation is also said to
be prospecting for uranium in Zimbabwe.
The groups are all set to be
exempt from ZANU PF’s indiginisation plans,
with tobacco firm Tian Ze
already confirmed to be spared from handing over
51% ownership to
Zimbabweans. South Africa’s Mail & Guardian newspaper
recently asked
ZANU PF’s Empowerment Minister Saviour Kasukuwere how
companies qualify for
such exemptions, and he said: "We look at their
disposition towards our
people."
Makumbe said that ZANU PF will make every effort to maintain its
relationship with the Chinese, not only because the country is one of
Mugabe’s
key supporters on the United Nations Security Council. China has
used its
position as a permanent member of the Security Council to block any
action
against the ZANU PF regime.
“It is a mutually beneficial
arrangement, especially because ZANU PF is
desperate for survival. They
won’t win an election without electoral rigging
and they need people like
Sam Pa to make that happen,” Makumbe said.
http://www.thezimbabwean.co.uk
Written by Gift Phiri
Monday, 14 March 2011
05:52
HARARE - Zanu PF has tried very hard, but in vain, to convince a
sceptical
world that its campaign of harassment against officials in the the
MDC led
by Morgan Tsvangirai has little to do with the prospect that he
could beat
President Mugabe in the presidential election.
Tsvangirai's
top aide Elton Mangoma been formally charged with criminal
abuse of office.
Zanu PF spokesman Rugare Gumbo gave the impression that
there was nothing at
all bizarre about the government’s latest attempt to
persecute the MDC
minister of Energy and Power Development.
But to many Zimbabweans, the
depths to which Zanu PF has now sunk can longer
be considered ordinary.
Detaining a minister for two weeks, over a deal that
his permanent secretary
as the accounting officer conducted, ought to be
absolutely the limit of
their aberration.
"If someone commits a crime, why should he not be
arrested?” says Zanu PF
spokesman Rugare Gumbo.
“The MDC always talk
about the rule of law. If the police establish that
someone has committed a
crime what’s wrong if that person is arrested? We
find it absurd that each
time something happens against the MDC, they say it’s
a violation of human
rights but if it happens to Zanu PF, they say they must
go to jail. Let’s be
balanced.”
Tsvangirai says its suprising that the police's long arm of the
law is only
kinetic when it comes only to MDC officials and becomes
paralysed when cases
are brough against Zanu PF. "In the past few weeks,
Zimbabweans have been
shocked that there have been various concessions
granted to companies other
than Mbada and Canadile in Marange
diamond
fields," Tsvangirai says. "These include Anjin, which has been mining
for
more than 18 months in partnership with the police and the army and has
not
remitted any cent to Treasury.
"It is obviously surprising how a
State organ such as the ZNA could be
involved in mining activities. It is
also surprising how new concessions
could have been granted without the
scrutiny of Cabinet committees," said
the MDC president.
The police
have been completely disniterested in pursing the minister of
Mines and
Mining Development over $313 million which has vanished from
Marange
diamond revenues.
"Indeed, Zanu PF corruption infests and infects every
aspect of our economy
and Government," Tsvangirai said. "To take example
amongst hundreds, in the
past year, more than three official complaints of
corruption have been made
to the police against Minister Ignatius Chombo and
yet the police have
refused to investigate these allegations.
"The
arrest of minister Mangoma is an attempt to cloud and obscure the
massive
corruption in Zimbabwe. It is an attempt to embarrass the people’s
party of
excellence. The people of Zimbabwe are not foolish.
The people of Zimbabwe
are not cowards. The people of Zimbabwe will not
accept this," he
said.
Meanwhile, Nyanga North MP Douglas Mwonzora and 23 other MDC
members have
been freed from remand prison after the High Court granted them
US$50 bail
each on alleged political violence charges.
But to then
let them free after hours of interrogation and almost a month
jail time
smacks of psychological terror tactics.
And its not only Mwonzora. Hon.
Shepherd Mushonga of Mazowe Central has also
been granted bail after
languishing in jail for almost a month on what the
MDC says are "trumped up"
charges. Hon. Mushonga has been granted a US$50
bail by a Bindura magistrate
after he was hauled before the courts charged
with digging quarry stones in
Chiweshe from
a Zanu PF councillor. The councillor claimed that the stones
were worth
US$700. The MP is building a clinic in his
constituency.
Another MDC MP, Costin Muguti of Gokwe Kabuyuni has been in
police custody
in Gokwe on allegations of committing violence in Kadoma. He
is detained at
Gokwe Centre Police Station. There are now three MPs from the
MDC who are
either in police custody or in remand prison.
In January,
Munyaradzi Gwisai and 45 others were arrested for watching a
video of the
Arab revolution and six are languishing in solitary confinement
at Chikurubi
Maximum Security Prison. Gwisai is the former MDC MP for
Highfield and a
professor of labour law at the University of Zimbabwe. To
compound matters,
there has been the unrelenting invocation of section 121
of the Criminal
Procedure and Evidence Act, which has meant that even where
bail has been
granted, people have remained in detention.
The world is expected to
believe that, on the basis of a video film
available to anyone with a TV
set, the police will to build a
cast-iron case of treason against the
six.
The key witness will be policeofficers who busted the meeting where
an
alleged plot to overthrow President Mugabe was mooted. This entire case
has
been built like a house of cards.
As comic opera, it would
probably win some prizes, but as a serious attempt
to punish six citizen who
cold-bloodedly planned to overthrow the
87-year-old head of state, dogged by
ill-health for years, it would be
laughed out of any court, but not in
Zimbabwe.
The Attorney General Johannes Tomana has such a fascinating
past of dubious
exploits he would fit in snugly into the essence of the
comic opera.
Gwisai and his four coaccused would be the martyrs,
activists persecuted for
doing no more than their duty as loyal citizens -
trying to give the people
a chance to explore alternatives to Mugabe's stale
rule.
The more serious side of this whole caper is that it demonstrates
Zanu PF’s
desperation.
One suspects that even the police detectives
instructed to bring this case
to its logical conclusion are a bit bemused:
on such rickety evidence, how
do they build a case respectable enough to
take to thecourts? But then much
more relevant is the role of the Zanu PF
Attorney General Johannes Tomana in
the plot.
By all accounts, Tomana
had been working for Mugabe since the inception of
the GNU. And for Mangoma,
who has instituted wide sweeping reforms at NOCZIM
and exposed theft of
US$35million by regime cronies, he had to be dealt
with. And the NOOA deal
was the bonanza, a new client fell into Tomana's
lap.
The rest, for a
man apparently schooled thoroughly in the cloak-and-dagger
business of bluff
and double bluff, was almost
routine. They set up Mangoma.
The State
Press has bolstered the government’s shaky case against Mangoma.
It has
virtually made itself part of the prosecution team, leaving no room
whatsoever for any doubt as to Mangoma's guilt. In fact, in many respects,
State TV has reported as if it was the plaintiff.
As to how the case
will eventually pan out, it would be wise to leave that
to the courts. But
legal exerts are already giving a word of warning to the
government: they
could tie themselves into so many knots in this wild
attempt to prevent
Tsvangirai from challenging Mugabe in the forthcoming
poll. Already
government is saddled with massive lawsuits for malicious
prosecutions.
"This persecution could convince the fence-sitters
which way to vote," says
political commentator Ronald Shumba.
Amnesty International action alert: Thirty-nine of the 45 activists arrested in Harare on 19 February were freed after the treason charges against them were dismissed by a magistrate court. However, six activists remain in custody facing treason charges.
Meanwhile, 24 activists arrested in Mutare, including a parliamentarian, had a hearing of the state’s appeal on bail postponed.
On 7 March, 39 social justice and human rights activists facing treason charges were freed after a magistrate in Harare dismissed the charges against them. They had spent more than two weeks in custody. The activists were part of a group of 45 activists arrested on 19 February after attending a lecture to discuss events in Egypt and Tunisia. However, Munyaradzi Gwisai, Hopewell Gumbo, Antonater Choto, Welcome Zimuto, Eddson Chakuma and Tatenda Mombeyarara were remanded in custody to 21 March because they were either directly linked to International Social Organisation which convened the meeting or were speakers at the meeting.
Lawyers representing the activists told the
court that the detained activists were being held in solitary confinement for 23
hours a day. The lawyers also told the court that 11 women activists who had
been detained at Chikurubi Women’s Prison were forced to work for three hours a
day in violation of their rights as pre-trial detainees.
Meanwhile, on 7
March a High Court judge postponed the hearing of an appeal filed by the State
in the case of Movement for Democratic Change (MDC-T) parliamentarian Douglas
Mwonzora and 23 villagers arrested on allegations of public violence in Nyanga
mid February. The case was postponed to 9 March after the judge noted that the
record of proceedings was incomplete with some pages missing. The 24 MDC-T
members are detained at Mutare Remand Prison.
PLEASE WRITE IMMEDIATELY in English or your own language:
* Highlighting your concern over
the detention of the 45 activists in solitary confinement for more than two
weeks and urging them to ensure the remaining six activists in custody are not
subjected to torture, inhuman and degrading treatment, including not being
detained in solitary confinement.
* Urging them to drop the treason charges
against the six activists arrested solely for exercising their right to freedom
of expression and to immediately and unconditionally release them.
PLEASE SEND APPEALS BEFORE 19 APRIL 2011 TO:
Minister of Justice and Legal
Affairs
Hon Patrick Chinamasa
Government of Zimbabwe
New Government
Complex
P. Bag 7751, Causeway
Harare,
Zimbabwe
Fax: 00 263 4
790901
Salutation: Dear Minister
The Attorney General
Johannes
Tomana
Government of Zimbabwe
P. Bag 7714, Causeway
Harare
,
Zimbabwe
Fax: 00 263 4 777049
Salutation: Dear Attorney
General
HE Mr Gabriel Mharadze
Machinga
Ambassador of the Republic of Zimbabwe
Embassy of the Republic of
Zimbabwe
Zimbabwe House,
429 Strand,
London WC2R 0JR,
United
Kingdom
Telephone:00 44 207 836 7755
Faxes:00 44 207 379
116
Email:zimlondon@yahoo.co.uk
Please check with the section office if sending after 19 April 2011
http://ftpapp.app.com.pk
By Ijaz Ahmad
KANDY, (Sri
Lanka) (APP): Pakistan moved into the quarter-final after
securing seven
wickets victory in the rain-hit group-A World Cup match
against Zimbabwe
here at Pallekele Cricket Stadium on Monday.
The rain twice interrupted the
match as thick cloud hovered over the skies
during the match, pressing the
Pakistan to the wall but they played with
determination in the much
important fixture.
Zimbabwe set a 162 runs target in 38 overs on a D/L rules
before the match
was reduced to 43 overs a side after an earlier downpour
had forced the
players off the field when the Zimbabwe were struggling 96
for five in 27.2
overs. The rain once again halted the match in 39.4 over
with Zimbabwe
reeling at 151 for 7.
This was the second World Cup match
which was affected by rain after Sri
Lanka and Australia tie was washed out
in Colombo. The start of the match
was also delayed due to light
drizzle.
Pakistan in chase of Zimbabwe’s 162 in 39 overs, raced up to the
target for
the loss of three wickets in 34.1 overs with Asad Shafiq
anchoring the team
to victory with his unbeaten 78 runs knock off 97 balls
with seven
boundaries.
The Zimbabwean skipper Elton Chigumbura won the
toss and elected to bat but
their wickets fell regularly and thus they were
restricted to 96 for 5 in
27.2 overs when rain came for the second time,
stopping the play for 40
minutes as a result the umpire while using D/L
rules reduced the match to 43
overs each.
Umar Gul got Chakabva lbw on
duck while Razzaq trapped Taylor on 4. Both
Razzaq and Gul shared three
wickets in the first six overs.
Besides Umar Gul’s three wickets haul,
Razzaq, Wahab Riaz and Shahid Afridi
also bowled well and took quick wickets
with Wahab sending T. Taibu for 19
while Shahid got the wicket of Lamb who
made 16. Ervine was batting on 48
while Chigumbura was on 3 not out.
When
the play resumed, Ervine completed his 50 runs off 77 balls, his second
half
century in the World Cup and third of his ODI career enabling Zimbabwe
to
reach 101 runs in 28.3 overs. Ervine was bowled by Mohammad Hafeez on 52
runs. He faced 82 balls with five boundaries.
Umar Gul bowled well and
forced Utseya to pull his short ball, giving a
lofting catch to Akmal.
Utseya made 18 runs off 32 balls thus Zimbabwe
scored 151 for 7 in
39.4.
In reply, as usual Pakistan lost its opener Ahmad Shehzad (8) with only
17
runs on the board. He was stump by Taibu of Price while Hafeez caught
Price
off Utseya on 49 runs and Shahid was taken by Price on 3. Hafeez with
Asad
Shafiq added an 82 runs second wicket vital partnership with both
smashed
some fine boundaries.
Hafeez was unlucky as he missed his
half-century by one run and gone for 49
runs off 65 balls with six
boundaries. After Hafeez, Afridi gone early for 3
runs and thus Asad and
Younis guided Pakistan to victory. Asad scored 78
runs while Younis not out
13 runs.
Pakistan dropped fast bowler Shoaib Akhtar and injured batsman Umar
Akmal,
with paceman Wahab Riaz and Asad Shafiq named as their replacements.
Zimbabwe made two
changes with Shingirai Masakadza replacing fast bowler
Chris Mpofu while
Vusi Sibanda was included into the team instead of Tinashe
Panyangara.
SCORECARD
BRM Taylor c Kamran b Abdul Razzaq 04
RW Chakabva
lbw b Umar Gul 00
T Taibu c Shahid Afridi b Wahab Riaz 19
V Sibanda c
Misbah b Umar Gul 05
CR Ervine b Hafeez 52
GA Lamb c & b Afridi
16
E Chigumbura* not out 12
P Utseya c Kamran b Umar Gul 18
Extras
(lb 2, w 2, nb 1) 05
Total: (7 wickets; 39.4 overs) 151 (3.80 runs per
over)
Did not bat AG Cremer, SW Masakadza, RW Price
Fall of wickets1-5
(Taylor, 0.5 ov), 2-5 (Chakabva, 1.6 ov), 3-13 (Sibanda,
5.2
ov), 4-43
(Taibu, 12.4 ov), 5-84 (Lamb, 23.5 ov), 6-103 (Ervine, 29.3 ov),
7-151
(Utseya, 39.4 ov)
Bowling:
Abdul Razzaq 7-1-24-01
Umar
Gul 7.4-1-36-03
Wahab Riaz 6- 0-21-01
Shahid Afridi 8-0-33 -01
Abdur
Rehman 8-1-24-00
Mohammad Hafeez 3- 0-11-01
Pakistan innings (target: 162
runs from 38 overs)
Mohammad Hafeez c Price b Utseya 49
Ahmed Shehzad
st †Taibu b Price 08
Asad Shafiq not out 78
Shahid Afridi* b Price
03
Younis Khan not out 13
Extras: (w 13) 13
Total (3 wickets; 34.1
overs) 164
Fall of wickets1-17 (Ahmed Shehzad, 3.4 ov), 2-99 (Mohammad
Hafeez, 22.2
ov),
3-110 (Shahid Afridi, 23.3 ov)
Bowling:
SW
Masakadza 6-1-44-0
RW Price 8-1-21-02
P Utseya 7-1-24 -01
GA Lamb 7 -0
-44-00
AG Cremer 6.1-0 -31-00
Toss Zimbabwe, chose to bat
Points
Pakistan 2, Zimbabwe 0
Umpires AL Hill (New Zealand) and NJ Llong
(England)
TV umpire M Erasmus (South Africa)
Match referee BC Broad
(England)
Reserve umpire REJ Martinesz
http://www.zimonline.co.za
by Martin Rupiya?? Monday 14 March
2011
THE mandate for the government of national unity (GNU), signed
between
Zimbabwe’s rival parties in February 2009, was clear; restore
legitimacy to
the country’s political system, foster economic recovery and
provide
security for both the transitional state and ensure public safety,
all in
preparation for free and fair elections.
Furthermore, given
the acknowledged partisan nature of the existing
institutions, the
transitional government was also expected to lay the
foundation for a
multi-party democratic political system, including a
complementary security
system.
?With the GNU’s end being heralded by a cacophony of calls for
new
elections, now is the moment to evaluate whether or not the
preconditions
for free and fair elections have been met: that is, the
delivery of public
and state security, and the undertaking of security
sector reform.
?In making this assessment, it is important to distinguish
between the
complementary tasks of re-establishing the environment of safety
and
security, and attending to the role, tasking and composition of the
security
sector. It is also important to reflect on the need for changes to
a
legislative framework that has so far encouraged impunity, and the need to
provide judicial recourse to victims, both now and in the future.
?As
Joice Mujuru — the second secretary of Zanu PF and the country’s vice
president — recently pointed out, the country does not wish to continue to
be saddled with a partisan police force or security sector, nor does it wish
to be identified as one where harassment and murders by state organs are the
norm, with citizens reduced to “sleeping with one eye open” for fear of
being harassed.
?It should also be noted that the GNU’s inauguration
was preceded by a
mendacious approach to the question of command and control
of security
ministries and organs by Zanu PF. Even before the
Sadc-adjudicated sharing
of ministries had been completed, Zanu PF grabbed
all the “hard” ministries,
leaving the MDC-T saddled with the “empty”
portfolios: the ministries of
Finance, Education, Labour and Health, among
others.
?The then Sadc-appointed arbiter, former President Thabo Mbeki of
South
Africa, failed to convince Zanu PF to observe the provisions of the
agreement it had signed. Only one ministry, Home Affairs, was co-designated
to ministers of both Zanu PF and the MDC-T in an unwieldy experiment that
has proved difficult to effect.
As a result, because Zanu PF
“appropriated” exclusive command and control of
the security ministries,
there is now an even heavier burden on its
shoulders, away from what would
have been an even-handed judgment on the
triumvirate principals leading the
GNU.
?While the GPA provided for a review of ministries after six months,
Zanu PF
has continued to maintain exclusive control of the “hard” security
sector
ministries.
The same is true of the institutions where
interaction has remained with the
commanders reporting to the president and
commander-in-chief, amid obvious
public stunts designed to belittle the
office of the prime minister.
?Hence, despite the requirement that
command and control of the security
sector be shared during the transition,
these have remained exclusively in
the hands of Zanu PF.
?Secondly,
the GPA provided for the establishment of a National Security
Council (NSC)
to supersede the Joint Operational Command (Joc), a body that
has been
associated with stifling democratic space and the arbitrary arrest
and
harassment of members of the political opposition and the public.
?The
hope was that this would transfer security policy responsibility to the
jurisdiction of the three principals. However, while the NSC Act was passed
in March 2009, in practice there has been little or no meaningful change in
terms of the president’s exclusive dominance over security
issues.
?Furthermore, apart from a reported reluctance to host NSC
meetings, it has
also emerged that no substantive security issues have been
placed before the
NSC when it meets. Instead, decisions continue to be taken
outside the forum
of the three principals and, much more worryingly, the
discredited Joc has
continued to operate as a parallel
structure.
?Finally, as the country prepares for elections, some senior
Zanu PF
officials have publicly adopted warmongering language, calling for
the
setting aside by military means of any election result if it were to
lose
the poll. These three points set the scene for us to look towards Zanu
PF
and not the GNU principals when asking whether or not security has been
provided during the transitional period.
?The first point of
departure must be an acknowledgement that the GNU has in
fact delivered on
its mandate on the security question.
Certainly more could have been
done, but there is evidence of progress in
delivering a secure environment.
This has allowed for a political and
economic resurgence since the
near-total collapse of the economy and the
illegitimate political system
that emerged after June 2008, which was
shunned even by the Sadc and the
AU.
?Certainly more can and should be done, but the important foundation
has
been delivered. This assessment is not blind to the grabbing of the
“hard”
ministries and the passing over of the NSC, which has not exactly
served its
primary purpose and exists parallel to the Joc.
?In order
to predict the future structure of the security sector in Zimbabwe
beyond
the transitional period, it is instructive to look inside the
competing
factions within Zanu PF itself.
In this, we note the tension between two
competing camps in Zanu PF: one
that is prepared to use force and discount
any influence of the ballot box,
and another that is cognisant of faltering
political support, not prepared
to use illegal means of holding onto power,
and therefore seeking to adopt a
more moderate, conciliatory and democratic
approach.
?The analysis could discern which of the factions was on the
rise at
different points in the life of the transition as this manifested in
the
relationships between the principals.
?Consequently we see a
schizophrenic approach to normalising the situation,
and while there remains
a willingness to do more at policy level there has
been only minimal change
at the institutional level.While we acknowledge
progress, the security
institutions cited in the GPA as partisan and working
to influence the
political process in favour of Zanu PF are still intact.
They continue to
act as spoilers and have surreptitiously deployed members
for political work
in preparation for further violence in the upcoming
elections.
?Even
more significantly, Zanu PF has used the GNU’s transitional period to
continue to deny the mainstreaming of the command and control of the
security sector by the three principals.
?As a result, the sector has
remained in the exclusive control of one
faction that may or may not win the
next election, provoking yet more
predictions of a return to the pre-GNU
levels of violence, insecurity and
instability.
?Given the interest
of Sadc and the AU in stability and free and fair
elections in Zimbabwe
after the transitional period, this finding may well
serve as a clarion call
for urgent and direct engagement with the actors in
order to resolve the
impasse thorough negotiations.
?There are several issues that, combined,
convince us that more urgent
attention should be paid to security sector
reform (SSR) in Zimbabwe. The
first, for purposes of consolidating the
country’s national ?security, is a
precondition for stable political and
economic relations: policymakers must
continue towards establishing the
balanced civil-military relations that are
conducive to stability and
development.
?Second, there is a need to address the institutional
reforms agreed to in
the GPA, including issues around national service,
recruitment, civic
education and human rights law training, as well as
refocusing the security
sector from a partisan role, embracing a more
inclusive and effective
national security council and doing away with the
Joc.
?As things stand, there is a lack of confidence and rapport between
civil
society and the uniformed forces in their civil-military
relations.
?Third, there is a need to bring into line economic resources
allocated
towards defence and security, in a country emerging from damaging
political
polarisation and economic crisis. Because of the residual nature
of the
conflicted relations with the international community, including
financial
institutions with sections of the GNU, Zimbabwe is surviving on a
cash
budget with no direct foreign budget support.
?As a result,
there is need for serious justification of the finite
resources in order to
respond to genuine national needs. – Article
reproduced from the Zimbabwe
Independent.
· Dr Martin Rupiya is executive director of The
African Policy and
Research Institute. He once worked briefly in Prime
Minister Morgan
Tsvangirai’s office as a security director.
http://www.newzimbabwe.com/
14/03/2011 00:00:00
by John
Montagu
The following is a contribution to a debate at the House of
Lords by the
Earl of Sandwich, John Montagu, on Friday, March 11,
2011:
MY LORDS , it is a great privilege to be the first to congratulate
my noble
friend Lord Dannatt on his interesting and compelling maiden
speech. We have
all followed his recent career both as a soldier and, for a
time, as a party
politician, and I hope and expect that it is with great
relief that he has
arrived on the Cross Benches, where he will feel among
friends both gallant
and otherwise.
As my noble friend told us, he
completed 40 years’ service in the Army. He
held many prominent positions,
including Commander, Allied Rapid Reaction
Corps, 2003-05,
Commander-in-Chief Land Command, 2005-06, and Chief of the
General Staff,
2006-09.
He also told us very movingly of his personal experience of and
service to
Zimbabwe and Zimbabweans. I reassure him that his map-reading in
the House
can only improve. In the mean time, we will greatly look forward
to his
contributions to our debates.
We are all grateful to the noble
Lord, Lord Avebury, for securing this
debate at a time when we need to be
more watchful than ever of events in
Zimbabwe, which, again, are taking an
unpleasant turn. It seems that the
violence that we saw three years ago
leading up to the elections is
returning in a similar form.
The noble
Lord, Lord Avebury—as he does so well—and others have given us
details of
this rise in violence and human rights abuse. Inevitably, the MDC
is being
targeted, as are the churches, the trade unions and civil
society—in fact,
anyone, for whatever trivial reason, who falls foul of the
authorities. The
most ludicrous example was the video of the news the other
day, and most
recently there have been gruesome attacks on those attending
International
Women’s Day and other events in Bulawayo.
There is a new determination by
Zanu PF to block constitutional change,
remove or intimidate the opposition,
and threaten more violence in
preparation for possible elections later this
year, no doubt assisted by the
diamond money which is being pocketed by
officials. I strongly support those
who call for a firmer intervention from
SADC and the African Union. They
could be selecting observers and getting
ready for these elections now.
What can the Minister tell us about the
UK’s contribution, including
technical support for the Electoral Commission,
the need for voter education
and making better use of civil society
organisations, churches and trade
unions in spreading awareness? Some of us
have direct experience of the
elections in South Africa, where this was so
effective. It seems that
history is repeating itself. It may therefore help
to look back at what
happened after the 2008 elections and to examine the
EU’s and the UK’s
diplomatic role at that time.
During the summer,
when Mr Mugabe had clearly lost all legitimacy and
credibility in the June
2008 elections, could the UK and other EU members
have played a cleverer
game? In retrospect, we now see that, three months
later, he got ahead of us
by entering this agreement which led to a
coalition the following
spring.
Surely, we can now admit that the coalition, which left the
opposition with
almost only the junior portfolios, was a considerable coup
for the president
and a major deception for the rest of us, as my noble
friend Lady Boothroyd
said. It simply became a prop to perpetuate Mr
Mugabe’s regime.
Secondly, I wonder whether the sanctions, strengthened
in February 2009 and
relaxed since then, have really had any effect on Mr
Mugabe, or whether in
some perverse way they have actually boosted his
morale. If we look at the
Ivory Coast, we see President Gbagbo grandstanding
against the French
colonial power in order to boost his post-election
position, echoing Mr
Mugabe's performance three years earlier. Colonel
Gaddafi in Libya is
playing a similar game of one-upmanship by baiting
foreigners.
Clearly, the Zimbabwe dictator has attracted other African
leaders, or
should I say gangsters, to his master class. Interestingly,
Jeune Afrique
magazine left him out of its list of contemporary political
arch criminals
from Salazar to Saddam last week. Is it possible that we in
the UK have
exaggerated the importance of Mr Mugabe and, thereby,
contributed to his
platform?
Having recently spent two weeks in
Africa, I am certain that in both African
and European Union eyes, we in the
UK still seem to feel over-responsible
for Zimbabwe and are still his
outstanding critics. I am not sure that that
is a good thing. Is it perhaps
time for us to lower our profile and join
forces with the European Union in
reaching a more convincing EU foreign
policy?
I recognise that that
is controversial, but in a sense the process is
inexorable and it might be a
more effective and pragmatic diplomatic policy.
We already have positive
examples of close EU co-operation. At the time of
the coalition—the Minister
may confirm this—some EU members were
understandably reluctant to work with
the ministries held by Zanu PF but
since then there has been a more general
engagement with the government as a
whole which has undoubtedly been a more
productive way of working.
Another example has been the success of the
EU’s partnership with the NGOs,
which kept many families out of poverty
during the harsh times of inflation
and the collapse of social services. We
can be very proud of the EU aid
programme, and our own, and of the work of
UK aid agencies over the past 10
years, also mentioned by the noble Lord,
Lord Sheikh.
With the restoration of most services, NGOs, rather than
being purely
service providers, are beginning to adapt to a more traditional
development
role, albeit under a humanitarian banner. I strongly agree with
the noble
Lord, Lord Griffiths, about the need to support skilled
Zimbabweans in the
UK and the organisations which are behind
them.
With the positive changes in the economy, thanks largely to the
excellent
Finance Minister, there is a new investment climate. There has
also been an
improvement in food supply and health performance mainly in
urban areas and
a decline in the prevalence of HIV/AIDS, but some of the
figures for
maternal mortality, as my noble friend Lord Crisp will probably
say, are
still among the worst in Africa. I could speak of the conditions of
farm
workers, but I have spoken about them in these debates
before.
In conclusion, I am not suggesting that sanctions should be
further relaxed,
but I feel that we are stuck where we are and that we
should press much
harder for the rule of law, fairer elections,
constitutional change and a
great deal more commitment from SADC, the
African Union and Zimbabwe’s
African neighbours.
http://www.newzimbabwe.com/
14/03/2011 00:00:00
by Alex T.
Magaisa
A NUMBER of issues have been raised in the wake of the Supreme
Court of
Zimbabwe’s judgment last week declaring the election of the Speaker
of
Parliament in 2008 irregular and invalid. The immediate effect of the
judgement is to make the position of Speaker vacant.
First, it is
important that a new election be held as soon as possible
otherwise the
business of parliament will be derailed. Section 39 of the
Constitution of
Zimbabwe (hereafter, “the Constitution”) which requires the
election of a
Speaker of the House of Assembly makes it clear that this
legislative
chamber “shall not transact any other business until a person to
fill that
office has been elected”.
Parliament is a critical arm of government and
it is important to ensure
that it continues to conduct its business. The
constitutional reform process
is taking place within the structures of
parliament. Constitution-making
therefore, is parliament’s business and it
would be unfortunate and wrong if
this were to be derailed on this
account.
Second, an issue that has been raised concerns the seat (Matobo
South
constituency) held by the erstwhile Speaker, Lovemore Moyo, before he
was
elected to the position that he has now lost. What is the legal position
in
respect of this seat? Can Moyo reclaim his seat in these circumstances?
The
apparent simplicity of the matter is quite deceptive.
In
accordance with section 41(1) (g) of the Constitution, a person ceases to
be
an MP once he is elected to the position of Speaker. Under normal
circumstances, once a person who is an MP has been elected as Speaker, a
by-election should be held in accordance with the electoral laws. As
presiding officer, the Speaker is required to perform his role free of any
partisanship.
To ensure that the constituency that had elected him
retains proper
representation, it is entitled to elect a new MP.
The
problem is that Zimbabwe’s circumstances are not quite normal – or at
least
they haven’t been for the last few years, hence, there has been no
by-election since the 2008 parliamentary election, although I understand
this is currently being challenged by some former MPs in the MDC led by
Professor Welshman Ncube. They lost their seats after they were expelled by
their party.
The key point for present purposes is that there was no
by-election in
Matobo South constituency to replace Moyo after his election
to the Speaker’s
seat which the Court has now declared to have been null and
void.
Now that Moyo’s election has been declared invalid, the critical
question is
whether at this point he would be entitled to revert back to his
position as
MP – which would entitle him to also vote for the Speaker in a
new election?
We will get back to this question but first let us clarify
whether it is
possible, as MP or not, Moyo would still be eligible to
contest for the
Speaker’s post again.
In terms of the Constitution,
Moyo can still stand as a candidate for the
Speaker’s post even if he is not
regarded as an MP. Section 39(2) provides
for the election of a Speaker
according to parliamentary Standing Orders of
persons “who are or have been
members of the House of Assembly and who are
not members of the Cabinet,
Ministers or Deputy Ministers” and where he is
not an MP, must be “qualified
according to Schedule 3 for election to the
House of Assembly”.
Moyo
has been a member of the House before and there is nothing to indicate
that
he is not qualified for election according to Schedule 3 of the
Constitution. Therefore, the MDC-T is perfectly entitled to make him their
candidate again.
But assuming that he does not run for the Speaker’s
post, we revert to the
critical question, academic though it might appear,
given that the MDC-T has
already indicated that Moyo will remain their
candidate for the Speaker’s
post, the question remains: would, having been
deposed by virtue of a
judgment declaring the Speaker’s election invalid, a
person who was an MP be
able to reclaim his seat?
In other words, did
he lose his seat when he became Speaker by virtue of an
invalid election or
does he revert to his position as an MP now that the
Supreme Court says he
was never properly elected in the first place?
It would be odd if a
person in Moyo’s position were to suffer what would in
effect be
double-jeopardy on account of a flawed election that was not his
fault. If a
court of law finds that the election was irregular and invalid,
it is
tantamount to saying there was never an election in the first place.
To
my mind, the loss of an MP’s seat that is provided for under section 41
(1)
(g) is predicated on the validity of his election to the position of
Speaker. If it is invalid he cannot be lawfully regarded as having been duly
elected.
The effect of the Supreme Court’s decision is not only that
he is no longer
Speaker but that he never was on account of a flawed
election. It would be
unfair and ridiculous in my opinion if a person who
obeyed the command of
his fellow MPs were to lose out (on both the
Speakership and his
parliamentary seat) simply because the election, which
he had no control
over, is later found to have been flawed.
I should
point out, of course, that the matter would be more complicated if
a
by-election had been held in Matobo South and an MP had been elected to
replace Moyo upon his election as Speaker. The complications would be
greater if in a parliament where numbers are finely balanced that
by-election had produced a winner from a different political party. But that
matter does not arise and so it is not necessary to address it in the
present circumstances.
The fact of the matter is that Matobo South
constituency has had no
substantive MP since Moyo’s elevation to the
position of Speaker and now
that his election has been found to have been no
election at all, then
surely it follows that he reverts to the position that
he occupied prior to
the flawed election. It was never an election at all
and therefore
requirements under section 41 (1 (g) which would necessitate
the loss of his
seat were not fulfilled.
Overall, as this note has
shown, this is not a matter that the Constitution
deals with in a manner
that is clear and satisfactory. But as the current
events demonstrate, it is
one that requires clarification. These are matters
that even last year’s
constitutional outreach process might not have
uncovered at all and will
therefore need close attention at the drafting
stage of the new
constitution. One hopes it’s a matter that will not escape
the attention of
the draftspersons.
Magaisa is based at Kent Law School, University of Kent.
He can be contacted
on e-mail: waMagaisa@yahoo.co.uk
http://www.cpj.org/
By Shehnilla Mohamed/CPJ Africa
Staff
For 37-year-old Zimbabwean freelance journalist Sydney Saize, left,
enduring
arrest and assault has become absurdly routine--and the
circumstances
routinely absurd. Take his most recent detention, in February.
Saize was
reporting on a mundane criminal case in Mutare, capital of the
diamond-rich
Manicaland province, when the story suddenly turned
dramatic.
"I was at the court covering a story of five suspects accused
of armed
robbery when the suspects attempted to escape," he told CPJ. "I
started
taking pictures of the attempted escape and managed to get a shot of
one of
the suspects being gunned down as he tried to escape." Saize was
doing his
job--except that in Zimbabwe, draconian media laws and police
repression can
make that nearly impossible. "I was immediately surrounded by
officers from
the prison service who seized my camera equipment and my audio
recorder,
handcuffed me and took me to Mutare police station for
questioning," he
said.
Saize was interrogated for seven hours before
he was charged under the
Criminal Nuisance Act, forced to sign an admission
of guilt, fined US$20,
and released, according to the Media Institute of
Southern Africa. What was
he interrogated about? "Basically everything under
the sun--my family
background, where I lived, who I worked for, etcetera,
etcetera. And this
went on and on and on," recalled Saize.
Compared
to other encounters with law enforcement and ruling party
officials, Saize
believed he got off relatively lightly this time. "They
released my camera
equipment and audio recorder, but only after I deleted
all the photographs I
had taken. It is really absurd." It's hardly the first
time, though, that
Zimbabwean authorities have turned criminal justice
coverage upside down. In
March 2010, freelance photojournalist Andrison
Shadreck Manyere was arrested
for taking footage of prisoners outside a
courthouse in Harare. The prison
guards accused Manyere of taking footage
"without the permission of the
Commissioner of Zimbabwe's prison service."
Saize himself has been
arrested or attacked nearly every year since 2006,
according to CPJ
research. He had his first brush with authorities in
January 2006, when he
was arrested for "reporting without accreditation"
under Zimbabwe's media
licensing law, and for "reporting falsehoods." Saize
spent three nights in
police cells before a judge dismissed the charges for
lack of evidence.
Then, in 2008, he was beaten by people accusing him of
being a "sell-out"
for writing stories critical of the ruling ZANU-PF
government. In 2009,
while covering the burial of a ZANU-PF legislator, he
was attacked by
assailants who seized his recording equipment. To add insult
to injury,
police at Mutare Central detained him for nearly an hour,
questioning him
about his activities and whom he worked for, before
releasing him without
charge. Finally, in November 2010, while reporting on
a local ZANU-PF-PF
fund-raising event, he was assaulted by several men who
accused him of
"writing negative stories" about their party.
"Trying to do your work as
an accredited journalist in Zimbabwe is a real
challenge because you never
really know what to expect from the
authorities," Saize says. "But what can
you do? You have to work." Arrests
and assaults, of course, are designed to
intimidate the entire press corps.
Saize says he is undeterred and has a
duty "to be there for the public dying
for alternative news coverage rather
than the daily propaganda from state
papers, TV and radio stations."
http://www.sokwanele.com/thisiszimbabwe/archives/6476
All I ever dreamt of in my country was to finish
school and find a job, but
so elusive has been a job that today I am part of
the 90 plus percent of
people in the country who according to the Zimbabwe
Congress of Trade Unions
(ZCTU) are not employed.
As I go about my
freelance work I meet my fellow Zimbabweans who work extra
hard to get a
meal; I am so encouraged by the “never say die attitude” of my
compatriots
as though it is written on their faces.
Somehow we always find a plan
and, job or no job, we survive.
Some sell tomatoes, while others sell
newspapers, the list of what people do
is endless but the motive is one; to
keep body and soul together.
This morning I talked to some vendors who
said even though they would love
to be formally employed they have to make
do with what is available.
The women say from vending they can at least
put food on the table and send
their children to school.
Yet somehow
the city of Harare regards these hard working women as law
breakers. Scenes
of women running away from the police in the streets of
Harare with babies
on their backs are as common as they are worrying.
“There is nothing
for us to do yet the police arrest us, this is unfair
because our
livelihoods are from selling vegetables.”
As a freelance journalist I
also am faced with the same problem. I am scared
that when I carry out my
work that like the women vendors I will be
arrested. I can be arrested
because I do not have the required
accreditation. Like women vendors I
somehow operate without a license.
This entry was posted by Simon Moyo on
Monday, March 14th, 2011 at 1:22 pm.
CONSTITUTION WATCH 1/2011
[13th
March 2011]
Constitution-Making Process Update
Select Committee Co-Chair’s Three-Week Incarceration Delays Process
Arrest of
COPAC MDC-T Co-Chair Hon Douglas Mwonzora MP: On Tuesday 15th February Mr Mwonzora was
arrested outside Parliament as he was leaving after that afternoon’s
sitting. He was detained overnight in police
cells at Rhodesville Police Station and removed to Nyanga the following
day. There he was taken to the remote Nyamaropa police post and when his
lawyers eventually traced him there, they were denied access to him. He and 22
co-accused were eventually taken before the Nyanga magistrate on Friday 18th
February for remand on public violence charges. These charges were based on
clashes between MDC-T and ZANU-PF members in Mr Mwonzora’s Nyanga North
constituency the previous weekend, following a meeting addressed by Mr
Mwonzora. Police took action against MDC-T supporters only. The magistrate
granted Mr Mwonzora and all the other accused bail on Monday 21st February, but
the State prosecutor immediately invoked the notorious section 121 of the
Criminal Procedure and Evidence Act, giving notice that the State intended to
appeal to the High Court against granting of bail and thereby suspending the
magistrate’s bail order for seven days.
State’s
Appeal against Bail Delayed – but Eventually Dismissed: The
State’s appeal was lodged within the prescribed seven-day period, further
suspending the bail order. The appeal hearing was to have been on Monday 7th
March but it was postponed to Wednesday 9th March after presiding judge Justice
Mavangira discovered defects in the record of proceedings in the magistrate’s
court and insisted that they be put right before the hearing continued. The
hearing resumed on Wednesday, continued on Thursday, and on Friday the judge
dismissed the State’s appeal, thereby confirming the magistrate’s order granting
bail. But it was not until late Saturday morning that Mr Mwonzora and the
others were eventually released from Mutare Remand Prison. They had been in
custody for 24 days in total.
Effect on COPAC Programme of Mr Mwonzora’s
Absence
Given the consensus basis on which the co-chairpersons and COPAC have
operated since the beginning of the constitution-making process in 2009, and his
deep involvement since Day 1, Mr Mwonzora’s absence from COPAC has inevitably
had a profound effect on COPAC’s work. Mr Mwonzora’s deputy, Senator Gladys
Dube, stood in for him during his absence, but was necessarily handicapped by
not having been involved at co-chair level in certain vital discussions. The
only outward sign of activity during the three weeks of Mr Mwonzora’s absence at
the pleasure of the State was a two-day workshop, 28th February and 1st March,
to plan the forthcoming work of the thematic committees and insiders reported
that the workshop suffered from his absence. His absence also led to the
postponement of the resumption of the exercise to complete the uploading and
collating of the data from the outreach process, which was to have started on
7th March but was put off until 10th March in the expectation that by then Mr
Mwonzora would be at liberty once again [in the event it went ahead on the 10th
without him.] This has had a knock-on effect, setting back the start of the
next phase involving the Thematic Committees [see below].
Yesterday’s Release Allows COPAC Programme to
Proceed
Mr Mwonzora’s release means that he can resume his duties as COPAC
co-chair, and he did so today, 13th March. It also avoids a possible crisis in
the constitution-making process. Despite COPAC’s ZANU-PF co-chair Mangwana
saying last week that the process could go on without Mr Mwonzora, it is
unlikely that MDC-T would have accepted for much longer the position in which
its chosen co-chair was prevented from carrying out his assignment by further
detention on charges which the party has from the start dismissed as trumped up
for political reasons.
Stage Now
Reached
The Public Consultation/Outreach Completed
The last outreach meetings were held at the end of October last year;
these were the meetings in Harare, Chitungwiza and Ruwa that had to be
re-scheduled because of violence and disruptions during the first attempt.
There was talk of an additional outreach exercise to prisons – but this was
abandoned. It was expected that the next stage – the uploading and collating of
the data from the outreach meetings – would start in November, soon after
the final meetings but there was a hiatus until January. This was partly
explained by the resumption of Parliament for the Budget sittings and the
Christmas holidays. Also, COPAC claimed shortage of funds – the outreach had
cost more than expected.
Data Uploading and Collating Stage Partially done – Now Nearing
Completion
During the
outreach process, data was captured for each and every meeting in three ways
—
· In written
form on computer [this was done by the rapporteurs who produced daily reports,
agreed with the outreach team members, on the day’s
proceedings]
· on video
recordings
· on audio
recordings.
[Note:
The video and audio recordings were made as back-up, to ensure that the
correctness of the written record could be verified if disputes arose as to what
had actually been said by the people at a particular outreach meeting.]
Outreach teams visited every ward in the country – there were nearly
four thousand meetings. At each meeting the public’s opinion was invited by
putting questions covering the 17 themes which had been decided on to get
constitutional content, and the rapporteurs’ reports reflected the responses
given, themes by theme. After the outreach the accumulated data from all the
meetings had to be entered onto a giant server and processed into a form in
which it could be used by the thematic committees to prepare their reports for
the drafters on what the people wanted the constitution to say about each of the
thematic areas. COPAC dubbed this the “data uploading and collating stage”.
Data uploading and collating eventually got under way from 11th to
25th January, in a central Harare hotel. UNDP provided the necessary technical
assistance. Those involved included the rapporteurs who had serviced the
outreach teams [three rapporteurs to each team] and 70 technicians. The
outreach team leaders were also present to verify that the information being
uploaded was the same as that they had agreed on when the reports on the
meetings were compiled in the field. The work was carried out under the
supervision of the Select Committee.
Some
Re-uploading Necessary On 27th
January COPAC, while rejecting press reports that its system had been tampered
with and a substantial amount of data lost, acknowledged that certain data had
not been successfully captured on the giant server. The data, however, was
still intact on individual computers. It was therefore necessary for COPAC to
engage an additional technical expert to troubleshoot and rectify the problem.
This was completed by 21st February, leaving the way clear for the completion of
the data uploading and collating process – i.e., the re-uploading and collating
of the material not captured on the giant server the first time round in
January. It was estimated this task would take 3-5 days.
Re-uploading Started Thursday 10th March
Originally scheduled to start on Monday 7th March, the re-uploading exercise was
postponed to 10th March to allow for Mr Mwonzora’s expected return to duty on
that day, but went ahead even though he was still in custody. It is estimated
that re-uploading will be completed on Monday 14th March. Mr Mwonzora managed
to rejoin his colleagues today.
Monitoring of Data Uploading
Civil Society Monitors Not Present during the Process At the beginning of the constitution-making process, civil society
stressed to COPAC the need for the whole process to be transparent if the end
result was to be acceptable. One of the points made was that the raw data from the outreach
process should be made publicly available to enable civil society organisations
and other interested parties to carry out independent checks on the
data. [See Constitution Watch 3 of 15th June 2009.] Allowing civil
society observers or monitors to be present during the uploading and collating
process would have promoted transparency, but COPAC has not allowed this,
thereby losing a good opportunity to demonstrate the reliability of the process.
If monitoring had been allowed, it might have helped put the public’s
mind at rest about the integrity of the outreach data. During the waiting
period between the end of the outreach and the start of data uploading, public
unease was caused by press reports that the integrity of the data had been
compromised by COPAC’s failure to store it in suitably secure conditions after
it reached the COPAC offices. There were also reports that during the uploading
at the hotel in January the system had been hacked into and data lost or
changed. COPAC has rejected all allegations of inadequate security and insisted
that no outreach data has been damaged or corrupted or lost.
Next Stage
– Thematic Committees
COPAC will meet on 14th March to decide on the starting date for the
next stage – the Thematic Committees meetings to analyse the data from the
outreach process and prepare their reports for the drafters. At a press
briefing on 11th March COPAC declined to be pinned down on a starting date for
the thematic committees, but promised to announce the exact composition of the
committees and their working timetable in due course. As getting the 425
Thematic Committee members and support staff together will obviously call for
considerable organisation, it unlikely that the committees will start work
before the beginning of April. As yet COPAC has given no indication how long
this stage will last. Minister of Constitutional and Parliamentary Affairs
Matinenga has given an assurance that the Ministry of Finance has provided COPAC
with sufficient funds to cover the work of the Thematic
Committees.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
BILL WATCH
9/2011
[13th March 2011]
The House of Assembly has adjourned to Tuesday 22nd
March
The Senate has adjourned to Tuesday 29th
March
Supreme
Court Nullifies Election of Speaker
On 10th
March, the Supreme Court set aside the August 2008 election of Mr Lovemore Moyo
as Speaker of the House of Assembly. It has taken the court system an
inordinate time to reach a final decision on this case of great public
importance.
Background: Mr
Moyo, the MDC-T candidate, was elected Speaker on 25th August 2008. A case to
nullify the election was brought against the Clerk of Parliament, who had
conducted the election, and against Mr Moyo, as the person declared elected.
The case was brought in September 2008 by Jonathan Moyo MP, then an Independent
and now ZANU-PF, and 3 other MP’s – Moses Mzila Ndlovu [now Minister of State in
the Organ for National Healing], Patrick Dube and Siyabonga Ncube – all from the
then MDC-M. Their complaint was that the election had not been conducted by
secret ballot, as required by House of Assembly Standing Orders, because some
MDC-T MPs had shown their unfolded marked ballot papers to colleagues before
depositing them in the ballot box. The case was heard in the High Court by
Justice Patel in July 2009 and he handed down his judgment on 26th January 2010,
dismissing the case. The plaintiffs immediately lodged an appeal to the Supreme
Court. The case was heard in the Supreme Court on 21st September 2010 and
judgement was given on 10th March 2011.
The
Judgment: The
Supreme Court upheld the appeal by Jonathan Moyo and the other MPs against Justice Patel’s dismissal of their case.
The judgment has the effect of nullifying Mr Moyo’s election as Speaker. The
five judges of appeal were split 3-2, with the majority accepting the
appellants’ argument that the election had not been conducted by secret ballot
as required by House Standing Orders. The
dissenting opinions were that although electors had a right to keep their vote
secret it was also within their rights to tell others if they so wished;
besides, the evidence established that a mere 6 out of 208 MPs voting had
displayed their unfolded marked ballot papers before depositing them in the
ballot box and, as the vote was 110 to 98, these six votes would not have
altered the result. [Chief Justice Chidyausiku and Justices of Appeal Ziyambi
and Garwe made up the majority; Deputy Chief Justice Malaba and Justice of
Appeal Sandura dissented and would have dismissed the appeal.]
Implications for Parliament
Effect of Vacancy When there is a vacancy in the office of Speaker the House of
Assembly must not transact any other business until a new Speaker has been
elected [section 39(10); House of Assembly Standing Order 16(1)].
Position of Deputy Speaker not affected Mrs Nomalanga.Khumalo’s election to the post of Deputy-Speaker took
place immediately after the Speaker’s election but has not been the subject of a
court case, so she remains in office although she cannot act as Speaker in the
House while the position of Speaker is vacant.
Electing a New Speaker When the House of Assembly returns on Tuesday 22nd March – or
earlier, if it is specially recalled – its first order of business must be to
elect a new Speaker. The election will be conducted by the Clerk of Parliament,
as was the election the Supreme Court has just upset.
Eligibility for Election Those eligible for election are persons who are or have been
members of the House of Assembly and are not members of the Cabinet,
Ministers or Deputy Ministers. Mr Lovemore Moyo is free to stand again for
re-election and has the support of MDC-T to do so. The other candidate in
August 2008 was Paul Themba Nyathi, a former MP put forward by the then MDC-M,
and it has been rumoured he may stand again. A suggestion has been made that a
former Speaker, Mr Cyril Ndebele, who served the House with wisdom, experience
and impartiality, should be but forward.
Party Voting Strengths in House of Assembly On paper party voting strengths in the House are as follows:
ZANU-PF 96; MDC-T 96 [plus or minus – see note]; MDC 8.
Note the ZANU-PF count includes Jonathan Moyo who stood for Parliament as an independent,
but rejoined ZANU-PF in late 2009.
Note the MDC-T count includes two MPs who are at present either in police custody or in
remand prison on criminal charges – and this number may go up or down by 22nd
March. It does not include Lovemore Moyo, but logically, if he was not lawfully
elected as Speaker, he did not lose his seat in the House and can now reclaim
it. In the 2008 parliamentary elections he was elected MP for Matobo North.
Hansard has continued to list him as the MP for Matobo North and there has been
never been a by-election [although the Constitution states that a member’s
seat falls vacant “if he becomes Speaker”]. The Clerk of Parliament is
currently looking into this question.
Does the minority party hold the balance? Welshman
Ncube is reported as saying his party will field a candidate and believes both
MDC-T and ZANU-PF have no choice but to vote with it. In fact, a minority party
only holds an upper hand if there is an equal contest between the two major
parties and until other candidates are known it is unclear whether this will be
the case. Also, the 8 MPs include Mr Mutambara and perhaps others who may be influenced
by him.
Correction of Erroneous Press Report
A current report on the Internet seeks to underline the political
significance of the Speakership with a claim that if a vacancy occurs in the
Presidency the Speaker becomes Acting President until a new President is
elected. This claim is wrong – if the President were to die or stand
down, a Vice-President would act until a new President was nominated by ZANU-PF
[under the Constitution as modified by Constitution Amendment No. 19, as long as
the GPA continues] or elected by a joint sitting of both Houses of Parliament
[under the Constitution without Amendment No. 19, if the GPA has
lapsed].
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied