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Mtetwa’s lawyers lodge High Court appeal

http://www.swradioafrica.com
 

Irene Petras and Beatrice Mtetwa

By Nomalanga Moyo
21 March 2013

Lawyers for incarcerated human rights defender Beatrice Mtetwa, have launched a fresh bid to have her released by lodging an application at the High Court on Thursday.

The application will be heard by Justice Joseph Musakwa on Friday morning, after Mtetwa’s lawyers filed an appeal asking the higher court to set aside the dismissal of an earlier bail application by Harare Provincial Magistrate Marehwanazvo Gofa.

On Wednesday, Gofa dismissed Mtetwa’s bail application on the basis that if granted bail she would interfere with police investigations.

According to Zimbabwe Lawyers for Human Rights, Mtetwa’s legal team argued that Magistrate Gofa was wrong to refuse the human rights lawyer bail and that her ruling must be set aside on appeal.

Mtetwa was arrested while attending to her clients – Thabani Mpofu, Felix Matsinde, Mehluli Tshuma and councillor Warship Dumba, who are being charged with contravening a section of the Official Secrets Act for allegedly receiving or communicating secret information; and sections of the Criminal Law Codification and Reform Act for alleged impersonation and for possession of articles for criminal use.

They are being accused of running an NGO and impersonating police officers in order to compile corruption and criminal dossiers against government officials, such as Local Government Minister Ignatius Chombo and Attorney General Johannes Tomana.

Meanwhile, Zimbabweans across the world have launched a series of petitions calling on Zimbabwean authorities to release Mtetwa. These include the “Free Beatrice Mtetwa Now” started by Kibho here.

Another US-based petitioner, Lorie Conway, is calling on President Robert Mugabe to release the fearless Mtetwa. See here

In Zimbabwe, Sokwanele is urging people to call Rhodesville Police Station (where Mtetwa is being held) on these numbers: +263 (4) 495753; +263 (4) 481111.

Crisis in Zimbabwe Coalition director McDonald Lewanika said it was important for Zimbabweans to rally together and do everything possible, through campaigns, petitions and other initiatives to get Mtetwa released.

“What is at stake here is everyone’s liberties, not just those of Beatrice Mtetwa,” Lewanika said.


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Police target two more in PM office crackdown

http://www.swradioafrica.com

By Alex Bell
21 March 2013

Two more people were taken into police custody on Thursday, as part of a
crackdown on the communications office of Prime Minister Morgan Tsvangirai.

Spiwe Vera and Elizabeth Banda, who work as caretakers in the Avondale based
office, were picked up by police on Thursday morning and taken to Harare
Central Police Station. They were detained and questioned throughout the
day.

According to lawyer Dr. Tarisai Mutangi, the two were released without
charge late on Thursday afternoon.

It is understood they were interrogated as part of investigations launched
by the police, which saw the arrest of four others linked to the
communications office on Sunday. Thabani Mpofu, Felix Matsinde, Mehluli
Tshuma and former Harare City councillor Warship Dumba, remain in police
detention after being remanded in custody until April 3rd.

Mpofu, Matsinde and Dumba are all members of staff in the research division
of the Prime Minister’s office, while Tshuma is believed to have been
assisting the research team. Police also arrested another member of staff in
the communications office, Anna Muzvidziwa, but she was released on Sunday
night.

Mpofu’s lawyer, Beatrice Mtetwa, was also arrested after asking the police
to produce a search warrant. She too remains in police detention.

Mpofu, Matsinde, Tshuma and Dumba have been formally charged for allegedly
impersonating police, possession of articles for criminal use and breaching
the Official Secrets Act.

There are no further details about what prompted the police crackdown, but
there are suggestions Mpofu and his three co-accused were compiling a
dossier on large scale corruption by some senior government officials.

A statement from the Prime Minister’s office on Thursday said this “attack”
on his office is “an affront to democracy and to the rule of law.”

“It is an attack not only on the members of staff but also on the
institution of the Office of the Prime Minister,” the statement read.

Numerous attempts to get comment from the Prime Minister’s spokesperson,
Luke Tamborinyoka, were in vain as his phone went unanswered on Thursday.


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Mugabe needs to dissolve parliament before proclaiming poll date

http://www.swradioafrica.com

By Tichaona Sibanda
21 March 2013

President Robert Mugabe is required by the country’s statutes to dissolve
parliament before proclaiming an election date, an MDC-T cabinet minister
said on Thursday.

Eric Matinenga, the Constitutional and Parliamentary Affairs minister, said
laws governing the conduct of elections in Zimbabwe stipulate that a general
election shall be held within a period not exceeding four months after the
issue of a proclamation dissolving parliament.

‘The current parliament’s life comes to an end on the 29th June…that is the
day the presidential term comes to an end because he was sworn in on June
29th 2008.

‘What it means in terms of the law is that after he (Mugabe) dissolves
parliament he must then appoint a nomination court date and a polling date
which should be within four months of the dissolution of parliament. So the
last day Zimbabweans can expect to go for an election is 29th October,’
explained Matinenga.

The minister was reacting to a statement attributed to the Justice and Legal
Affairs Minister Patrick Chinamasa who said the country will hold harmonized
elections by 29th June this year.

But Matinenga emphasized that if Mugabe insists on 29th June as election
date as pronounced by Chinamasa, ‘then he has to dissolve Parliament
tomorrow or next week.’

‘He can do so tomorrow (Friday) but that that will be foolhardy of him to do
so because we have a lot of work to do before we can go for an election.

‘When you look at the practical realities which relate to what we need to do
in terms of the new constitution—aligning the various laws of the current
draft—and when you look at where we are today, which is nearly towards the
end of March, I cannot see how we can have an election on 29th June.’

The draft constitution, which will be published in the government gazette on
the 28th March, will be forwarded to parliament on the 7th May for debate,
less than two months before the poll date suggested by Chinamasa.

‘Contrary to what the minister said, we have four months after June 29th to
hold elections and that is within the laws of the country,’ Matinenga said.

Political analyst and lawyer Gabriel Shumba said any electoral proclamations
should be governed by the new constitution that was overwhelmingly approved
by millions of Zimbabweans during Saturday’s referendum.

‘Any attempt therefore to declare a poll date under the Lancaster House
constitution, with its Amendment No 19, will be futile or an attempt to
negate the power of the new constitution.

‘It’ll also be an attempt to silence the voice of millions of Zimbabweans
who voted for the new constitution. Don’t forget that as we speak we are
still being governed by the GPA, but the next election must be governed by a
new constitution which parliament is going to debate in May. So there will
be no short cut in this process,’ said Shumba.

Meanwhile Prime Minister Morgan Tsvangirai on Wednesday briefed President
Jacob Zuma’s facilitation team about the escalation in violence and
intimidation against MDC supporters and officials in the last few weeks.

The SADC facilitation team has been in Zimbabwe since last week, observing
the referendum.

Recently President Zuma called for a SADC team to be stationed in Zimbabwe
as the country heads for make-or-break elections this year.

In a report to a SADC Troika meeting in South Africa last week Zuma said the
regional bloc needs to be more robust and to ‘be based in that country to
make follow-ups and deal with issues as they arise.’

‘Differences over the role of observers need to be resolved and the SADC
guidelines, as well as the laws of Zimbabwe, should be the baseline.
Observers should be on site well before the elections and for some period
thereafter,’ he said.


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Zimbabwe to hold elections by June: minister

http://www.timeslive.co.za/

Sapa-AFP | 21 March, 2013 11:43

Zimbabwe will hold elections by June 29 to end a shaky unity government
formed four years ago between President Robert Mugabe and his rival Prime
Minister Morgan Tsvangirai, state media reported on Thursday.

"It is imperative to have the elections by June 29 because we will no longer
have a parliament by then, and a country cannot run without a parliament,"
The Herald newspaper quoted Justice Minister Patrick Chinamasa as saying.

"As the minister of justice I am not entertaining the holding of elections
after June 29 unless circumstances beyond my control happen."

His remarks came days after Zimbabweans endorsed a draft charter, one of the
key preconditions for new elections to choose a successor to the
power-sharing government that was negotiated by regional mediators after the
2008 disputed elections.

Both Mugabe and Tsvangirai back the draft, which curtails the president's
powers and sets a limit of two five-year terms.

Over three million Zimbabweans voted last Saturday in favour of the draft
constitution.

Many said they had not seen, read or understood its contents.

The charter is expected to be gazetted next week before being submitted to
parliament and then given the seal of approval by Mugabe.

Tsvangirai earlier this week welcomed the referendum result, saying it "sets
in motion a new and democratic paradigm for the country".


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Election Dates Unsettle Zimbabwe Unity Government

http://www.voazimbabwe.com

Jonga Kandemiiri
21.03.2013

WASHINGTON DC — The announcement that national elections should be held by
June 29 this year has further exposed the unity government as disagreements
continue to rock the shaky coalition of President Robert Mugabe and Prime
Minister Morgan Tsvangirai.

Justice Minister Patrick Chinamasa on Wednesday said preparations were well
under way for the crucial polls.

But one of the unity government principals, Deputy Prime Minister Arthur
Mutambara, was quick to shoot Chinamasa’s statement down saying the justice
minister was too junior to announce the date of the elections, adding unity
government principals were still to agree on a date.

Chinamasa told the state-controlled Herald newspaper from Rome, where he had
accompanied President Mugabe to the inauguration of Pope Francis, that the
current parliament’s tenure cannot go beyond June 29.

President Mugabe weighed in saying it was impossible to stretch the lifespan
of the current parliament, adding that only the executive’s stay in office
could be extended.

But speaking from North Carolina in America, Mutambara said President
Mugabe and Mr. Chinamasa were not above the unity government.

Constitutional and Parliamentary Affairs minister Eric Matinenga says it is
impossible for Zimbabwe to hold elections by June 29th.


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Zimbabwe eyes new vote with questions over free poll

http://mg.co.za/article

21 MAR 2013 06:59 - SUSAN NJANJI-MATETAKUFA

With a new constitution approved, Zimbabweans are now looking toward a fresh
election, while wondering whether the polls will be free and fair.

The overwhelming nod for the charter at a weekend referendum raised much
optimism for democratic changes in a country long regarded by the West as a
pariah state.

The new supreme law protects against all forms of violence and torture and
guarantees freedom of expression. But observers say there is little in it
that directly affects the way elections are run.

"The constitution does very little to affect electoral conditions," said
Zimbabwean legal and political analyst Derek Matyszak.

"If people are thinking the new constitution is going to create conditions
for free and fair elections they are going to be very disappointed."

The scars of election chaos are still fresh in Zimbabwe.

Disputed 2008 polls claimed nearly 200 lives and forced President Robert
Mugabe and Prime Minister Morgan Tsvangirai into a regionally-brokered
power-sharing government to prevent a full blown conflict.

With a major hurdle toward fresh polls cleared by Saturday's vote,
Zimbabweans are expected to return to the ballot box later this year.

The adoption of the new text, which curtails the president's powers and sets
a limit of two five-year terms, left both leaders of the compromise
government beaming.

"That's the type of constitution we want," Mugabe, who has been in power
since 1980, told Zimbabwean state media in Rome where he was attending Pope
Francis's inaugural mass.

His rival Tsvangirai said the new supreme law "sets in motion a new and
democratic paradigm for the country".

Political scientist at the University of Zimbabwe Charity Manyeruke said
that the draft did give Zimbabweans a new impetus to respect laws despite
little change in the way elections are carried out.

"What the draft constitution does is to give confidence ... new energy, new
commitment to follow the rule of law, to follow the dictates of the
constitution in the conduct of the elections."

Confident of a peaceful vote, she said: "People are tired of violence."

The constitution dictates that the security sector, which is currently
staffed with mainly Mugabe's sympathisers, must remain impartial.

But without provisions to enforce this, questions have been raised.

"There is no doubt that without the proper security sector reforms the
forthcoming plebiscite would not be free, fair and credible," said an
editorial in NewsDay on Wednesday.

The paper said that if Mugabe "is sincere about his persistent calls for
peace, then he should spearhead the chlorination of the security sector".

This had been acknowledged by the Southern African Development Community,
the curator of the coalition government, as needing "urgent attention".

The referendum weekend saw police raids and the arrest of Tsvangirai aides
and his party's attorney. There were also isolated violent incidents against
both political sides in the vote run-up.

Repeated calls by Mugabe and Tsvangirai to shun violence bring hope that "we
are likely to have a credible election", said Joseph Kurebga, a lecturer at
the University of Zimbabwe.

While politicians up their rhetoric around peace, there is a resurgence of
intra-party violence as members jostle for spots in party primaries, said
Thabani Nyoni, a rights campaigner in Bulawayo.

Such tensions could escalate across rival parties, he said.

"All those are clear signs that the ghost of violence of 2008 could repeat
itself," said Nyoni of Radio Dialogue, a civil society organisation.

University of Johannesburg professor of development studies David Moore said
levels of violence will likely escalate in the run up to the high-stakes
elections.

"But I don't think they will be as high as in 2008 because that was a
catastrophe," he said.

The election is likely to be close amid growing disillusionment with
Tsvangirai's Movement for Democratic Change.

The party "will have to work as hard as [US President Barack] Obama did
against the Republicans" to remain competitive, said Moore. – Sapa-AFP


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Mugabe’s office ‘imposes candidates for party elections’: Zanu PF MP

http://www.dailynews.co.zw

Thursday, 21 March 2013 10:05

HARARE - A Zanu PF legislator yesterday stunned the court when she said the
president’s office plays a hand in imposing candidates to represent the
party in elections.

During the on-going trial of businessman-cum-politician Temba Mliswa in
Chinhoyi yesterday, Hurungwe East legislator Sarah Mahoka told the court
that although her party had not yet asked aspiring candidates to submit
their nomination papers, the president’s office had already asked them to do
so for vetting purposes.

She was under cross examination from the defence counsel team by Mike
Mutsvairo, who is representing Mliswa’s other co-accused.

Asked if she was aware of any other candidates vying to represent the party
in Hurungwe West Constituency currently held by Prime Minister Morgan
Tsvangirai’s MDC, Mahoka said she got information from the President’s
Office that Mliswa and one Patrick Mabonga were aspiring candidates.

“The party has not yet called for submission of CVs but we have already done
so through the office of the president because they asked for the names for
vetting. He is the president of both this country and the party and that is
how we do it,” said Mahoka.

Mahoka, who constantly deviated from her original evidence-in-chief, accused
the police of not properly capturing her statement when she was asked to
explain the inconsistencies in her evidence.

She claimed that the defence counsel could have tampered with the statement.

“Ask the police why they did not capture everything that I told them because
I signed several papers but they were never read to me. Maybe it is you who
have tampered with the papers because I can see they are torn,” said the
lawmaker, who on Monday told the court that she was an illiterate Grade 2
dropout.

This prompted Mutsvairo to request for the original statement from the
State, which showed that nothing had been doctored. Asked if she knew what
appending a signature to a document meant, Mahoka said she was in the dark.

“I don’t even know that putting my signature means I agree with the contents
of the document, the police never explained that to me. They are not dead
you can always ask them,” she said.

It is the State’s case that on February 22 this year at Zimonja Business
Centre in Hurungwe West Constituency, Mliswa and his co-accused persons
acted in concert with others who are still on the run and attacked Mahoka
and her entourage.

They allegedly used bricks, fists, booted feet to assault the legislator and
her driver before deflating two wheels of her car.

Mahoka claims she sustained a broken leg and lost $1 223, an iPhone valued
at $800, a digital camera, a Zanu PF beret and identity documents.

Mahoka, who is the Zanu PF women’s league chairperson in Mashonaland West
Province, is reportedly pushing to block Mliswa’s candidature in favour of
her ally Dorcas Bere.

She, however, denies the allegation and she has told the court that she does
not know Bere. - Mugove Tafirenyika


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President Zuma Attempts To Diffuse Political Tensions in Zimbabwe

http://www.voazimbabwe.com

Blessing  Zulu
20.03.2013

WASHINGTON — After Zimbabweans voted overwhelmingly for the adoption of a
draft constitution, the South African facilitation team is back in Harare to
push for further democratic reforms ahead of national elections expected
sometime this year.

South African president Jacob Zuma is the Southern African Development
Community-appointed mediator in Harare and his team is expected to calm
rising political temperatures ahead of the polls.

Mr. Zuma’s envoys met Wednesday with officials from the Joint Monotoring and
Implementation Committee, a mechanism to see that power sharing unfolds as
agreed under the 2008 Global Political Agreement.

With a new police clampdown on opponents of President Robert Mugabe's
Zanu-PF party including politicians and rights groups, there is little unity
in the coalition government.

JOMIC co-chaiperson, Energy Minister Elton Mangoma, told VOA that they met
Mr. Zuma's three envoys and discussed the issue of strengthening the
organization by seconding three people from SADC as recommended by the
regional bloc.

Two officials from Zambia and Tanzania who have been seconded by the SADC
Troika on Politics and Defense were formally introduced to JOMIC officials
in the meeting. A third member will come from Tanzania.

Prime Minister Morgan Tsvangirai, in a press statement, accused the police
of becoming an “appendage of a political party,” in reference to the former
liberation party.

Mr. Tsvangirai said his formation of the MDC is trying to promote an
environment conducive to a free and fair election despite the crackdown.

Sources in SADC and Pretoria told VOA Studio 7 that Mr. Zuma’s envoys will
increase visibility on the ground as the nation prepares for what observers
say will be an historic general election.

Political analyst Philip Pasirayi,  Director of the Centre for Community
Development in Zimbabwe, told VOA that Mr. Zuma’s envoys must adopt a
hands-on approach to ensure  the situation in Harare does not  spiral out of
control.


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MDC youths thwart CIO abduction attempt

http://nehandaradio.com

on March 21, 2013 at 5:34 pm

By Tinoonga Mawere

CHIVI – Two MDC youths are lucky to be alive after thwarting an abduction
ploy by suspected Central Intelligence Organisation (CIO) operatives at
Ngundu Business Centre on Monday.

Masvingo Province Youth Chairperson and Gutu Central MP Hon Oliver Chirume
The two youths Timothy Matutu (29) who is the MDC youth chairman for Chivi
South Constituency and Lovemore Machanja (33) who is the youth vice
chairperson for the same constituency were abducted by two men suspected to
be intelligence operatives while coming from a local party programme.

According to Machanja, the incident happened around 5pm when the youths
boarded a commuter omnibus at Dare Business Centre to Ngundu Business
Centre.

“We were coming from ward 28 where we were conducting party business. We
were desperate for transport so we decided to go Dare Business Centre since
it is situated near the Masvingo –Beitbridge highway.

“As we were looking for transport to travel to Ngundu, a Toyota sprinter
vehicle pulled up and we immediately jumped into the vehicle. As we were
travelling two men suddenly pulled me to the back seat of the vehicle and
demanded to know why I was wearing an MDC shirt.

“One of them produced an identity card with the Zimbabwean flag while the
other one produced a cell phone with Robert Mugabe`s picture as the screen
saver. The two men said Tsvangirai anokuuraisa and iwe tavakutonokuuraya
(Tsvangirai will drive you towards your death and we are going to kill
you –they also said tinoda kukusasa petrol (we are going to pour petrol on
you),” said Machanja.

He added: “When we arrived at Ngundu Business Centre they began to slap me
on the face accusing me of being a sellout. Matutu managed to jump out of
the vehicle and he tried to grab the keys .The driver pushed him and the
vehicle took off at high speed.

“We beckoned a police officer who was at the scene but he ignored. Everyone
at the scene encouraged me to jump out of the vehicle. I managed to jump out
of the vehicle but one the men grabbed my legs and my shirt was torn into
pieces.

“Although I got injured in the process, I am happy because I am alive. I
suspected the two men connived with the commuter omnibus crew in a well
calculated move to eliminate us. I have received numerous death threats from
Zanu PF supporters in the area-the situation is very tense, “said Machanja.

The youths then made a report at Ngundu Police Camp –case number
RR1427855-but the police were deeply reluctant to investigate the matter.
The vehicle`s registration number is ABZ 3799.

“We went to Ngundu Police camp to report the matter but a female officer on
duty accused me of being provocative by wearing an MDC shirt. The police
took too long to react and they seem to be reluctant to investigate the
matter.

“They took a long time to record the details-We only identify one burly
fellow wearing a blue t-shirt. We hope the police e will quickly act on the
matter.

MDC provincial youth chairman Oliver Chirume condemned the incident adding
that Zanu PF mandarins were keen to shed blood as a way of intimidating MDC
supporters ahead of elections.

“We are dealing with a group of unrepentant people and this shows Zanu PF
will use any means at their disposal to crush opposing voices. It all shows
panic stations within Zanu PF. The state security agents are still very much
determined to eliminate MDC members and supporters,”said Chirume.


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Anti corruption body defends fresh probe plans

http://www.swradioafrica.com

By Alex Bell
21 March 2013

Zimbabwe’s Anti Corruption Commission (ZACC) has said it will still pursue
efforts to probe the alleged corrupt activities of some government ministers
and parastatals, despite attempts to block its work.

The ZACC was last week stopped from investigating the Zimbabwe Mining and
Development Corporation (ZMDC) and the National Indigenisation and Economic
Empowerment Board (NIEEB), amid reports of serious corruption within both
groups. The ZMDC is linked to Mines Minister Obert Mpofu, while the NIEEB is
linked to Indigenisation Minister Saviour Kasukuwere.

The ZACC investigation into the two groups was signed off by a High Court
Judge last Monday, but both parastatals filed an urgent interdict to stop
the probe. Since then a group believed to be aligned to Kasukuwere has used
the Sunday Mail newspaper to lash out at the ZACC, accusing it of being
involved in corruption.

ZACC spokesperson Goodwill Shana told journalists in Harare on Wednesday
that his organisation was operating above board and attempts to discredit
the group had no basis. He explained that the Commission did not challenge
last week’s interdict stopping their investigations because commissioners
wanted to regroup and strategise a way forward. This could include applying
for fresh warrants.

Shana also denied the allegations of corruption within the Commission,
calling it a “desperate attempt to cast aspersions on the image of ZACC.” He
also dismissed the claims that the ZACC had secured search warrants from the
High Court to “pursue underhand and malicious investigations against certain
organisations, their officials and respective ministries”.

“ZACC wants to put it on record that it exhausted all prescribed procedures
and avenues for obtaining search warrants, including the police and
magistrates’ courts,” Shana said. He listed the details and dates that ZACC
had previously, unsuccessfully, approached the magistrates’ courts, the
police and the Attorney-General’s Office before they finally approached the
High Court.

“This was unusual. Search warrants are ordinarily given without much ado, as
the record shows, even as recently as the past two weeks. Search warrants do
not indicate the commission has declared a person or party guilty, it is
merely an attempt to establish facts based on documentary or other
 evidence,” Shana said.

Shana added: “As ZACC, we are not prompted by political considerations, but
by reasonable suspicion that a crime has been committed . . . the individual
and political diversity of the commission would make a political sectorial
agenda difficult to pursue or achieve.”

Commentator Precious Shumba said the work of the ZACC will not be successful
until the body is completely separated from the state. He said the
commission was the result of a “compromise” between the three parties in the
unity government, and this is why it “has no teeth” to root out corruption.

“The composition of the commission needs to be on merit alone and not based
on partisan placements. The commission need to have the power to
independently conduct investigations, without its work being compromised,”
Shumba said.


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Youth groups condemn meddling Kasukuwere

http://www.swradioafrica.com

By Nomalanga Moyo
21 March 2013

Some youth groups in Zimbabwe are protesting what they see as efforts by the
youth ministry to meddle in their operations, by compelling them to
register.

The youths are particularly unhappy with new provisions in the Zimbabwe
Youth Council Act, issued by Youth Minister Saviour Kasukuwere, which they
say violate their right to freedom of association.

Speaking at the Bulawayo Press Club Wednesday, representatives of three
youth groups said the ministry now requires them to, among other things, to
register with a quasi-government body which advises government on youth
matters – the Zimbabwe Youth Council (ZYC).

Speakers included Taiona Tsanangurayi, of Harare-based Young Voices Network
and Nqobani Tshabangu of the National Youth Development Trust, based in
Bulawayo.
Godwin Phiri, director of Bulawayo-based intsha.com, a group which focuses
on developing leadership skills amongst the youth, told SW Radio Africa that
membership of ZYC should be voluntary rather than mandatory.

He said: “The ZYC should entice membership by developing programmes relevant
to youth groups rather than using legislation to compel groups to join.

“The ZYC is also empowered to interfere with the daily operations of our
organisations. For example, we are now required to first seek permission
from the council before we can seek financial support from donors.

“The council now has the power to de-register any organisation it deems
non-compliant, and our argument is that we don’t need to register with the
ZYC as most youth groups are already registered either as trusts or private
voluntary organisations.”

Youth groups are also now required to disclose their sources of funding, and
to pay an annual subscription of $3.

“At the beginning of each year we now have to submit our budgets and action
plans for approval and this is serious interference which robs us of our
independence,” Phiri said.

Although some of the measures, such as those relating to levies have existed
since the Zimbabwe Youth Council Act was enacted in 1997, questions are
being raised as to why they are being brought into effect now, a few months
before an important election.

Phiri said that there are fears that ZANU PF realises that the youths have
become a game-changer in Zimbabwean politics and are trying to use all means
possible to control them.

SW Radio Africa’s Bulawayo correspondent, Lionel Saungweme, said there was
also a feeling that Kasukuwere had failed through his indigenisation
programme to lure youths to ZANU PF and was now using legislation to beat
them into line.

“More importantly, the board of the youth council is appointed by the
minister, and all the appointees come from ZANU PF which shows that the
youth council as a party project cannot be impartial,” Saungweme said.

The disgruntled groups said they had already raised their concerns with
Kasukuwere’s ministry and would approach the courts if they felt these were
not being satisfactorily addressed.


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Mugabe, Tsvangirai the same: Madhuku

http://www.newzimbabwe.com

Birds of a feather ... Morgan Tsvangirai and Robert Mugabe both backed 'Yes'
vote

21/03/2013 00:00:00
     by Staff Reporter

MDC-T leader Morgan Tsvangirai is a dictator who has lost the moral high
ground to complain about being cheated by Zanu PF, says former ally Lovemore
Madhuku.

Madhuku, leader of the National Constitutional Assembly (NCA) pressure
group, was the figurehead of the ill-fated campaign to get a draft
constitution rejected during a referendum last week.

In the end, the draft – supported by the three parties in the ruling
coalition including Tsvangirai’s MDC-T – was adopted by a 95 percent public
affirmation.

Figures released by the Zimbabwe Electoral Commission showed 3,079,966 voted
“Yes” while 179,489 backed the “No” vote. A total of 56 627 votes were
spoilt.

Madhuku said the outcome was a “fraud” as he accused the ZEC of inflating
the numbers. “To claim that there was close to a million more voters in the
referendum than in the March 2008 general elections is to take the public
for fools,” he insisted.

But Madhuku reserved most of his invective for Tsvangirai, with whom he has
shared platforms in the past to campaign for constitutional reforms.

Tsvangirai had helped create conditions, Madhuku said, which made the
playing field uneven. The NCA had drip funding and had been denied access to
the media – conditions which Madhuku said favoured the ‘Yes’ vote.

The notice period of less than a month between the completion of the draft
and the referendum was too short, Madhuku complained, and copies of the
draft were unavailable to more than 80 percent of eligible voters. Police
had also proscribed rallies for the ‘No’ vote campaign while the NCA and its
allies in the trade union movement and smaller opposition parties were
victims of “hate speech” by Tsvangirai, who described them as “nhinhi” in
Sunningdale and as having “mamhepo” (evil spirits) at a Bulawayo rally.

“It’s a very sickening sense that we get,” Madhuku told reporters on
Wednesday. “We’re very disappointed by what has happened [to the MDC-T]. But
we realise that Morgan Tsvangirai himself as a person is the one who is
responsible for providing leadership to that movement. He has not provided
leadership.

“He has allowed the movement to completely copy what Zanu PF believes in.
The basic belief of Zanu PF is people don’t matter – what matters is what
the leadership thinks. That’s what they have decided to do.

“So we’re very disappointed but that’s their choice to have taken that
route. We’ll work hard for the people not to follow the MDC-T.”

Madhuku says the party is now afflicted by a personality cult – just like
Zanu PF – where Tsvangirai was treated as beyond reproach.

“The MDC-T is the only party that has a bad name. It’s unfortunate that we
don’t have laws regulating political parties, but you can’t have a party
named after a person and use his face as the party’s symbol,” Madhuku said.

The “T” in the MDC-T refers to Tsvangirai, to differentiate the party from
the break-away MDC led by Welshman Ncube, while the party intends to use the
open palm emblazoned with Tsvangirai’s face as its symbol in forthcoming
elections.

He said Tsvangirai would rue his decision to consent to a political
competition where the NCA was not given access to the media and state
resources.

“The MDC-T has lost the moral ground to complain about the same issues they
presided over during the referendum. The MDC-T consented to that. That means
those are the same conditions which will apply to them in an election. We
don’t expect them, for all morality, to start complaining,” he said.

“I’m sure those are the rules they want to operate in an election. We’ll
hope they just go through an election now under the same conditions that
they gave to us. And thereafter, we will have to be definitive.

“We don’t mind whoever wins the election. We now know that we’ve a
dictatorship in place. And the choice between the MDC-T and Zanu PF is a
choice between two dictators.

“Because we have two dictators, we shouldn’t be really saying this dictator
is more useful than the other. These are just two dictators. Let the two
dictators fight within a dictatorial environment and let’s get one we will
then confront.”

Madhuku, socialist and former MDC MP Munyaradzi Gwisai, Progressive Teachers’
Union secretary general Raymond Majongwe and MDC-99 President Job Sikhala
are believed to be on the verge of forming an opposition party – but only
after the elections.


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Cash hungry Catholic college fires students

http://www.dailynews.co.zw

Thursday, 21 March 2013 09:57

MASVINGO - Roman Catholic-run Bondolfi Teachers’ College has stopped 500
students from doing their attachments at various schools for allegedly
refusing to pay a controversial teaching practice fee.

The move has raised eyebrows as Bondolfi is the only teachers’ training
college to charge the $484 teaching practice fee, a few months after
students paid their tuition fee for the term amounting to over $300.

Students told the Daily News they refused to pay the fee as it was illegal.
They said they felt the institution wanted to dupe them of the paltry
monthly salaries they are paid by government while on teaching practice.

“We have been served with letters announcing our suspension with immediate
effect and we have been instructed to stop teaching practice. They are
demanding over $400 from the paltry allowance we get from government. We are
broke because we have just paid our school fees for the term,” said a
student who declined to be named for fear that college authorities will
victimise her.

The move will strain students and their parents as they will be forced to
pay about $800 per term, some of the students said.

College principal Kumbirai Chitsama on March 12 signed the letters
suspending the students.

The Daily News is in possession of one such correspondence sent to an
affected student.

The students said what irks them most was the fact that they are forced to
pay the teaching practice fee when the college receives their cadetship
allowances from government.

“In actual fact we are being made to pay thrice as we have cadetship from
government going straight to the college coffers, then we pay our normal
tuition fees plus this mystical fee called teaching practice,”said another
student.

Militant teachers’ representative body, Progressive Teachers Union of
Zimbabwe president Takavafira Zhou expressed shock and said the fee was
unheard of and illegal.

“This development is unfortunate and ill-conceived. The college is behaving
like feudal lords bent on extracting every cent from poor students. Never in
the history of education have we heard of a teaching practice fee paid by
students,” said Zhou, whose group also represents trainee teachers.

Chitsama refused to comment.

“I am not allowed to comment to the press please call the church officials,”
Chitsama said.

Efforts to get a comment for the Roman Catholic Masvingo diocese education
secretary Father Mutsvangwa were fruitless. - Godfrey Mtimba


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The ICT Revolution Is The Game Changer – Zimbabwe PM

http://www.africanews.com

Posted on Thursday 21 March 2013 - 11:10
Walter Wilson Nana , AfricaNews Reporter in Harare, Zimbabwe

Stakeholders in the Information & Communication Technology, ICT, revolution
across the African continent have been told ICT is at the epicenter of the
continent's growth and development.

At the opening ceremony of the International Conference on ICT for Africa
2013 in the Cresta Lodge, Harare, Zimbabwe’s Deputy Prime Minister, Prof.
Arthur Mutambara mentioned that the ICT revolution is a game changer, adding
that things cannot be same again in Africa. “ICT affects every sector of our
life.

Africa must be competitive in all its facets of life and how we can use ICT
to drive Africa’s competiveness, attract investors via ICT, develop it,
customise it and stop being consumers of ICT,” the government executive
officer said.

According to Mutambara, Africa must be participants in the construction and
not observers in the process of ICT, especially ICT that is relevant to us.

He told the delegates that came from South Africa, Zimbabwe, Uganda,
Cameroon, Mali, Ghana, Malawi, Nigeria, Kenya, Zambia and the USA that
Africans should use the ICT to close the gap between the poor and the rich,
the north and the south, making it the tool that turns the education,
banking, agriculture, the economy and more. “We can’t fight technology, we’ve
to catch-up,” he advised.

Mutambara called for a change of mentality in all that is done across
Africa, citing reasons why certain laws have to be revised, so as to be on
the edge of new technology, which is now revolutionalising the world. “How
are we going to be in 10 years vis-a-vis the ICT? Let’s use it to drive
agriculture, move up the value chain by leveraging ICT, science and
technology,” he noted.

He challenged ICT practitioners, academics, students, government officials,
members of the industrial sector to make the lessons from the south to the
north, saying the mental poverty in the south should be the unique
opportunity to highlight the hindsight that is not known of Africa.

utambara cautioned that the conference should not end up in another talk
shop, but entreated participants to take their responsibilities and work in
synergy for a defined timeline. “Africans must work together and develop
their countries, with the use of data being at the fore in all we do thanks
to the ICT revolution.”

The Minister of ICT in Zimbabwe, Nelson Chamisa said Africa should no longer
be importing computers, “we should make them. We should consolidate and
strategies on more ideas,” he added.

Chamisa invited government across Africa to move very fast on the ICT
developments as they do in other sectors.

The Director of the International Centre for Information Technology &
Development, ICITD, USA and President, ICT University, Yaoundé, Cameroon,
Prof. Victor Mbarika talked about the need for more PhDs to be trained in
the ICT revolution.

Prof. Gabriel Kabanda of the host university, the National University of
Science & Technology, Zimbabwe, found the conference to be an enrichment
exercise that goes beyond the classroom to the society and the industrial
sector.

He enjoined African researchers to pursue dialogue on the ICT affairs.

Earlier, the chair of the Local Organising Committee, Prof. Yati Naik joined
his voice to the view that it is up for Africans to provide their own ICT
solutions.

Keynote Address

In his discourse, Prof. Sammy Beban Chumbow, Vice Chancellor of the ICT
University in Yaoundé said today’s world is in the ICT era, which is another
stop that Africa cannot afford to miss out after the Agrarian and Industrial
Revolutions respectively. “Therefore, Africa must catch up with the
knowledge economy, which is knowledge production, knowledge management,
knowledge dissemination and knowledge appropriation.”

According to Prof. Chumbow, African countries have the obligation to create
knowledge economy, which has in focus national development. “The context of
development must have at it centre language and communication. These are
crucial since knowledge is power and a sine qua condition for national
development,” he said.

The varsity don posited that communication is important to get people aware
in the process of a new idea and appropriation of knowledge. He found in
knowledge and communication the ingredients of development, saying ICT must
know development communication.

The erudite Professor cited participative development and some graphic
examples to demonstrate how they are part of the component of development
communication.

Other speakers in the conference presented papers in the areas of; ICT &
Development, ICT in Education & E-learning, ICT, Development & Poverty
Reduction, ICT, Media & Journalism, Innovation, Open-source & Software
Development and ICT in Healthcare.

The ICT for Africa conference is an annual initiative that brings together
stakeholders of the educational and industrial sectors in Africa, with the
aim of reflecting on how to transfer, diffuse and adopt the ICTs within the
African context.

From Harare, 2013, the ICT for Africa caravan moves to Nairobi, Kenya in
2014.


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1.4 Million Zimbabweans Receiving WFP Food Aid

http://www.voazimbabwe.com

Gibbs Dube
21.03.2013

WASHINGTON — The World Food Program (WFP) says it is currently providing
food assistance to more than 1.4 million Zimbabweans as hunger worsens in
provinces affected by a two-year drought and heavy rains this year.

WFP deputy country director Abdurrahim Siddiqui told VOA Studio 7 food
insecurity in Zimbabwe for the 2012/2013 consumption year is comparatively
worse than the last three years.

He said WFP will continue providing help to the needy under the current
seasonal targeted assistance program until the end of this month.

According to the Zimbabwe Vulnerability Assessment Committee, 1.6 million
Zimbabweans were expected to be in need of food assistance during the peak
hunger period between September last year and the end of this month.

Villagers in some parts of the country say current harsh weather conditions
such as drought and heavy rains have devastated their crops. They say they
need urgent food aid.


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Tracing the indigenisation scam in Zimbabwe

http://www.thezimbabwean.co.uk

21.03.13

by Eddie Cross

Zanu PF is guilty of many things – the collapse of the economy, the genocide
of Gukurahundi and the wholesale destruction of homes in Murambatsvina.
Everybody recognises these as gross human rights abuse and crimes against
humanity.

But when their outlandish actions are associated with, not only the ruthless
pursuit of their political ends but also with wholesale theft and
lawlessness; then we need to sit up and take notice.

In 2000 they recognised that they faced a serious threat to their hegemony
in the form of the MDC and that the balance of electoral power lay in the
hands of 600 000 farm workers and their families on 6000 large commercial
farms.

So they decided to eliminate them and in the past decade they have done so.
In doing so they destroyed the agricultural industry, displaced millions of
people, triggered the consequential collapse of the industrial and
commercial economy and wiping out billions of economic value.

What people do not see is that this process was basically driven by greed
and avarice. Like pirates of old in the West Indies, they were told by their
King that they could keep what they could take.

They walked into homes, took over hundreds of thousands of cattle, 20 000
tractors, combine harvesters, irrigation equipment capable of watering 280
000 hectares. They took furniture, vehicles and left thousands of farmers
and their workers homeless and destitute.

All for nothing: a reward for doing their masters business.

When we thought we had seen it all, genocide, mass relocation of
populations, systematic destruction of value and theft of private assets on
a massive scale, Zanu PF showed us that they still had reserves of evil and
ingenuity in them and they invented indigenisation.

It started innocuously enough in 2007 when they introduced the
Indigenisation Act into Parliament. MDC did not have enough votes in the
Lower House to block the new Act but they fought it and eventually when it
came to the vote the MDC legislators walked out rather than be associated
with the Act that we recognised would have a profound impact on the economy,
freeze new investment and engineer a massive transfer of value from
shareholders to a politically selected minority. It was the industrial and
commercial version of the farm invasions.

They sat on the Act until December 2010 when Zanu PF recognised a new
electoral threat from the MDC in the form of the rapidly recovering economy.
Economic activity expanded by nearly 400 per cent in 2009, then doubled
again in 2010.

Suddenly Zimbabwe was no longer a basket case, food was in free supply and a
new optimism was seeping into the fabric of our society. Major new
investments were being planned – $30 billion of new investment in mining,
$10 billion in the steel industry, billions in projects to generate power,
rehabilitate roads and railways.

Zanu PF recognised that none of this was being attributed to them, all the
credit was going to the MDC. If this was not stopped the electoral
consequences were obvious. So they launched their “indigenisation” drive.
They took the Act passed in 2007 and drafted new regulations that were
designed to give legs to the Act.

A young, ruthless politician, Savior Kasukawere was put in charge of the
project and he took to the streets with enthusiasm. MDC reacted by saying
that the whole exercise was illegal and that business should ignore the
threats.

But despite this, in the past two years not a single company has taken the
Minister or the Act or the regulations to Court. We have no doubt that had
they done so they would have been successful. But business, cowed by years
of Zanu PF bullying and threats simply took reactive action and capital
fight accelerated and inward investment stopped. The liquidity crisis
escalated over night. Suddenly the upsurge in economic activity and optimism
vanished.

Kasukawere marshaled his troops – formed an indigenisation Board and wrote
to companies throughout the country saying that if they did not comply they
would lose their licenses to operate, if they did not respond they would
deny them work permits and generally make life impossible.

Companies large and small worried about how to respond, they all feared the
arrival of thugs at the door, major international firms convened emergency
Board meetings and hired expensive lawyers. The stock market fell back to
the lowest levels in our muddled history and stuck there for three years.

Some organisations rushed to “comply”, they found “indigenous” individuals
and engineered arrangements to bring them in as shareholders without
disrupting the normal operations of the company. Others simply said that if
“they” wanted 51 per cent, they would have to take 100 per cent and that
their price was “$X”.

Others sent emissaries who were acceptable to the thugs in Zanu PF to ask,
“OK, what is it that you want?” The answer to that question came in many
guises, but always involved money. Most recently the duplicity of both the
companies and the indigenisation gang has become evident and plain.

I have seen two indigenisation deals for major Companies. They are very
revealing – they talk of complying but give nothing away, they give
Kasukawere a piece of worthless paper that he can wave in the air and claim
victory.

In return Kasukawere instructed the firms to deal with his “consultants” and
they in turn produced an invoice for millions.

Who benefits from this mayhem and blatant corruption? Not the people, not
the poor and marginalized or the unemployed. In fact it just made every ones
lives more miserable and difficult.

But in return it froze the economic recovery (the real objective), denied
MDC the claim to have put Zimbabwe back on its feet and opened the door to
opportunities for enrichment for a small Zanu PF connected elite.

What more could you ask, achieve your political objective and get rich in
the process! Kasukawere is in the process of building a 2400 square metre
luxury mansion in Harare at a cost of millions of dollars when just a few
months ago he could not pay his bills.

What astounds me is not just the ruthless nature of these operations but
also the near complete absence of any moral content or ethical
considerations.

Despite its Marxist roots, Zanu PF has evolved into a Khmer Rouge movement
that has destroyed the economy, stolen its accumulated wealth and
impoverished the people they are supposed to govern.

Our people are poorer, less educated and healthy than they were 30 years ago
and all this collection of thieves and pirates can do is gorge themselves on
the carcass of the country they have so nearly destroyed. As Tony Hawkins
said the other day “indigenisation is just a Ponzi scheme.”

It’s time for change and the future is in our hands.

Eddie Cross is the MDC-T MP for Bulawayo South


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Mtetwa: Trials, tribulations

http://www.financialgazette.co.zw/

Thursday, 21 March 2013 13:17

Clemence Manyukwe, Political Editor

SHE occasionally ventures into deep waters where few lawyers dare to tread,
but the nightmares that accompany such sojourns have tested her resilience,
character and faith in her chosen profession.

Following her arrest on Sunday while representing staffers from Prime
Minister (PM) Morgan Tsvangirai’s Office, police continued to detain
Beatrice Mtetwa, even though the High Court had issued an order for her
release, raising questions as to the true motive of her detention. Yesterday
she was denied bail and remanded in custody to April 3 by a Harare
magistrate.

“People who do things under the cover of darkness are afraid of light. So,
if you come at midnight I’ll be there with my headlights glaring,” the top
lawyer says at the beginning of a new film she features titled: Beatrice
Mtetwa and the rule of law.

And for sure for more than a decade since concerns about failure to adhere
to the rule of law in Zimbabwe started emerging, her headlights have been
glaring.

Mtetwa has defended dozens of journalists, in the process frustrating those
working against freedom of expression and access to information.

She has also successfully defended PM Tsvangirai and hordes of other
officials from his Movement for Democratic Change (MDC-T) party, saving them
jail time and crushing hopes of a one party State.

However, her quest for justice has come at a price.

In May 2007, Mtetwa was unlawfully detained and severely assaulted by the
police after participating in a demonstration called by the Law Society of
Zimbabwe (LSZ).

There have also been attempts to break her spirit in the State media through
hate speech.

She has been labelled ugly, the belly of the beast among other names meant
at public derision.

“They’ve called me ugly, dull, lonely and dejected. It’s discriminatory. I
can’t imagine they would have done the same thing to a male Law Society
president,” she told The Lawyer magazine in 2007 when she was the head of
the LSZ.

Despite the persecution, her efforts have not gone unnoticed locally,
regionally and internationally.

Within the Southern African Deve-lopment Community region, Mtetwa was
awarded the 2009 Sydney and Felicia Kentridge award from South Africa’s
General Council of the Bar, while internationally she has been awarded the
2008 Lifetime Achievement award from the Committee to Protect Journalists
and the 2003 Liberty/Justice and Law society Human rights Lawyer of the year
award, among others.

Mtetwa received her Bachelor of Laws from the University of Botswana and
Swaziland in 1981 and spent the next two years working as a prosecuting
attorney in Swaziland.

In 1983, she moved to Zimbabwe, where she continued working as a prosecutor
until 1989.

That year, she went into private practice, and soon began specialising in
human rights law.

In one of her more notable cases, she successfully challenged a section of
Zimbabwe’s Private Voluntary Organisations Act which allowed a government
minister the authority to dissolve or replace the board members of
non-governmental organisations.
She also challenged the results of 37 districts in the 2000 parliamentary
elections.

In a PBS documentary, Mtetwa described her motives for her activism as “not
because there is any glory or cash to it and not because I’m trying to
antagonise the government... I’m doing it because it’s a job that’s got to
be done.”

Mtetwa is particularly noted for her defence of arrested journalists, both
local and international.

In 2003, for example, she won a court order preventing the deportation of
Guardian reporter, Andrew Meldrum, presenting it to security officials at
Harare International Airport only minutes before Meldrum’s plane was
scheduled to depart.

She also won acquittals for detained reporters Toby Harnden and Julian
Simmonds from Lon-don’s Sunday Telegraph, who had been arrested during
coverage of the April 2005 Parliamentary election on charges of working
without government accreditation.

In April 2008, she secured the release of New York Times reporter Barry
Bearak, who had been imprisoned on similar charges.
She also defended many local journalists arrested in the run-up to the 2008
presidential election.

To practicing lawyers in Zimbabwe, she re-mains a prized family treasure and
there has been consolation in her hour of trial or during times of
relentless tribulation, such as this week.

“For every Beatrice Mtetwa that these State agents and institutions put
behind bars and attempt to embarrass, humiliate and punish without lawful
cause, there are 10 other human rights lawyers waiting to take up the
mantle,” said Zimbabwe Lawyers for Human Rights deputy head, Precious
Chakasikwa on Monday.

Mcdonald Lewani-kwa, the director of the Crisis in Zimbabwe Coalition,
described Mt-etwa as “our gallant protector” while John Chita-kure, a
political activist, said she was “the conscience of the nation, the voice of
the voiceless, the advocate of the downtrodden, the dehumanised and the
subjugated people of Zimbabwe.”


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Arrests, Intimidation and No New Zimbabwe

http://www.ipsnews.net/

By Nyarai Mudimu

Prominent Zimbabwean human rights lawyer Beatrice Mtetwa was arrested for
allegedly obstructing the course of justice. She is pictured here exiting a
police vehicle as she arrived at the Harare Magistrate’s Court on Mar. 20.
Credit: Nyarai Mudimu/IPS

HARARE, Mar 21 2013 (IPS) - Heightened political tension between the major
rivals in Zimbabwe’s coalition government and increased clampdowns on civil
society have left questions about the country’s readiness for a true
democracy just days after people voted to adopt a new constitution.

Just over three million Zimbabweans voted on Sunday Mar. 17 in support of
the draft constitution, which paves the way for elections later this year,
while 179,489 rejected it. There were 56,627 spoilt ballots.

However, on the day of the referendum, prominent local human rights lawyer
Beatrice Mtetwa was arrested for allegedly obstructing the course of
justice. She is said to have requested that police show her a search warrant
when they raided Prime Minister Morgan Tsvangirai’s support staff offices on
Sunday Mar. 17. Four staffers were also arrested.

“The government clampdown on individuals and organisations that support
democracy… clearly demonstrate that there are forces that are not yet ready
to welcome the democratic dispensation that will come with the new
constitution,” Nixon Nyikadzino, a human rights activist with the Crisis in
Zimbabwe Coalition, a grouping of more than 350 civil organisations in
Zimbabwe working together to bring about democratic change, told IPS.

President Robert Mugabe’s ruling Zimbabwe African National Union-Patriotic
Front (Zanu-PF), and the opposition Movement for Democratic Change led by
Tsvangirai (MDC-T), entered a Global Political Agreement (GPA) for a
power-sharing government in 2008 after political violence marred the
election. Mugabe has been in power for the last 33 years and his time in
office have been plagued by allegations of corruption, abuse of power,
political intimidation and human rights abuses.

The draft constitution that Zimbabweans just voted for limits the president
to only two five-year terms of office, but it also has clear provisions that
require security forces to be politically neutral and not to interfere with
electoral processes.

Mtetwa and her co-accused are facing charges of impersonating the police,
possessing articles for criminal use, breaching the Official Secrets Act and
obstructing the course of justice. The act is vague and says that any matter
that the state may allege to be “prejudicial to the safety and interests of
Zimbabwe” breaches it, but it does not define what “interests” mean.

They are also accused of unlawfully compiling dockets about government
officials, including members of Zanu-PF, who are thought to be corrupt.

On Wednesday Mar. 20, Mtetwa and her co-accused were denied bail in the
Harare Magistrate’s Court. This is despite a Mar. 18 Zimbabwe High Court
ruling that ordered police to release Mtetwa. Police defied the order and
she was held in custody and appeared this week in the magistrate’s court.

The move has been condemned by activists here.

“We do not know how a junior court has nullified a senior court’s order. The
High Court ordered that she be released but police defied that. Now a junior
court has just defied the order again. How the court arrived at that
decision is still a surprise to us. We are still studying the decision,” the
Zimbabwe Lawyers for Human Rights spokesman Kumbirai Mafunda told IPS.

Nyikadzino said he was not surprised by the court’s decision to deny bail to
the five.

“That is their style: to keep you under their custody for as long as they
can, because they know they don’t have a case. I know of cases where the
police have had to resort to evoking section 121 of the Criminal Law
(Codification and Reform) Act, which allows them to hold suspects for longer
periods before they appear in court,” he said. In January  international
rights organisation Human Rights Watch said the justice system still
remained “extremely partisan” towards Zanu-PF.

Nyikadzino added that the tension between Zanu-PF and MDC-T suggested that
the coalition government was not ready to embrace democracy.

However, police have insisted that the arrests are legitimate. National
police spokesperson assistant commissioner Charity Charamba told IPS that
Mtetwa’s co-accused were not staffers in the prime minister’s office.

“These four people are not civil servants. You have to be a civil servant to
be deemed a staffer in the prime minister’s office. The people work for a
non-governmental organisation, the Institute of Democratic Alliance in
Zimbabwe. They had no right to pretend to work in the PM’s office,” she
said.

But HRW criticised the government in a Mar. 19 statement, and listed a
number of “politically motivated abuses against civil society activists and
organisations.”

Zanu-PF spokesman Rugare Gumbo scoffed at and dismissed the accusations of a
clampdown on civil society.

“We know this sensationalism is a ploy by (Prime Minister) Tsvangirai and
his handlers to push for a SADC (Southern African Development Community)
summit before we hold our general elections. Let the police and the courts
do their work. We have become more aware of their (MDC-T) machinations,”
Gumbo told IPS.

Tsvangirai warned his supporters to expect more violence from Zanu-PF.

“History has recorded that when change is about to happen, there are certain
elements who are bent on diverting it. In 2000 we rejected the draft
constitution, and a few weeks later, there were land invasions and
widespread violence. In 2008 when we signed the GPA how many people were
arrested?” he said at a press conference in Harare on Tuesday Mar. 19.

Meanwhile, Mugabe, who is currently in Rome for Pope Francis’ inauguration,
is reported to have said that the draft constitution will now be gazetted
for 30 days and then tabled in parliament for debate. It will not be
amended.


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Wounds: open, closed and healed

http://www.sokwanele.com/wounds-open-closed-and-healed/21032013
 

Zimbabwe is probably unique among nations in having not just one but three government ministers responsible for “national healing”.  This should be a hopeful indicator that wounds suffered will not be left to fester any longer –but the “organ” which they administer has so far failed to find a viable means to make progress to that end.  Even the mandate of the Organ of National Healing was subject to acrimonious political dispute, as there was no genuine agreement on how recent a wound needed to be to qualify for healing. This situation of stalemate was to be expected, as long as major perpetrators of abuses continued to hold power as part of an imposed and artificial “Government of National Unity”.  Experience from elsewhere teaches us that only when perpetrators have been dislodged from control of state power can justice and healing take place.[1]  However, the situation in Zimbabwe is complicated by the fact that those very abusers themselves claim also to be the victims of historical violations of their rights.

Confusing and complex as it may be, the need for healing intensifies and at some point in the future it must be met. The fact is that Zimbabweans have suffered many injuries over the past hundred and twenty-five years – a time spanning at least five generations.  And the truth is that most of these injuries have created wounds - physical, material and spiritual - which have never properly  healed.  The cataclysm of conquest during the last decade of the 19th century affected all Zimbabweans in one way or another – through loss of family members, loss of access to a livelihood, loss of sovereign control and loss of collective and individual dignity.  Land seizures continued almost throughout the colonial occupation, with the majority of families being evicted from the land which they considered theirs, some as late as the 1960’s. The Tonga people of the Zambezi Valley experienced the bitterness of removal late in the day, but the total destruction of their traditional environment and their livelihoods was more precipitous, complete and traumatic than for many others.

These injustices created wounds which gradually faded for some but the dream of restitution remained, and eventually, in the absence of any peaceful resolution, the response of Zimbabweans was to launch a war of liberation  as an instrument to correct injustices. It eventually succeeded in its goal of regaining sovereignty for Zimbabweans, but on a completely different basis from which it had been exercised three generations earlier.  Inevitably with violence being used to try to correct injustices, more wounds were inflicted and suffered during that war, on all sides, some at the hands of comrades.  And in the aftermath, instead of peace and healing, ZANU PF in power has inflicted further wounds - during Gukurahundi, during Murambatsvina, during election violence in every election it has contested, and during land seizures which purported to correct dispossessions, often violent,  of the colonial period. Violence has been perpetrated throughout our history and it remains in the consciousness of adults and children, and is passed from one generation to the next.

How have Zimbabweans survived with all these festering wounds?  What happens when a person or a people with a collective identity is wounded, either physically or metaphorically?   A wound may remain open – in such a case the individual victim who does not die will continue to live with an extreme disability.  Or, a wound may close – the skin regrows to cover the damage, but the pain and some debilitating consequences remain, hampering the full recovery and the enjoyment of life; the person lives with the effects for the rest of his days.  Or, a wound may heal.  In such a case scars will certainly remain, but the deep pain is overcome by the growth of healthy tissue to replace the damaged one, and the individual will be capable of living a productive life.  Those with unhealed wounds – whether open or closed, physical or spiritual – may be bitter, resentful, filled with hatred and a desire for revenge, or alternatively completely disempowered, victims, unable to direct their own lives in productive ways.  Whichever the outcome, the potential of the people and the nation is hobbled, bound by chains, and the propensity for retaliatory violence remains.  We must then raise the question: can we as a nation heal such wounds to prevent them becoming a negative force leading us towards a violent future?

The healing of physical wounds is only the beginning.  The healing of the material and spiritual is a much more complex matter.  The loss of livelihoods, the loss of control over one’s life and pride in one’s identity and self-expression are not so easily mended.  But with determination it is possible, even if it is going to be very difficult.

Three critical processes are necessary to bring healing : first, a public recognition that wrong has been done – an acknowledgment by the government and / or the individuals who perpetrated the offences of their guilt. Second, some form of punishment of the offender is required, or at least an accounting to the victims or survivors, an explanation or apology for the wrong-doing.  Finally, compensation or restitution for the material damage suffered is necessary.  For survivors of wounds inflicted, it is often not the physical wound that becomes most significant, but the spiritual wounds.  And the spiritual wounds will not be healed without some form of justice meted out to the perpetrators and some balancing of the material losses.

But what about those who suffered their losses generations ago? Some would not take the descendants’ grievances seriously, but it is important to pay attention. The governments which inflicted them no longer exist.  They never acknowledged their wrong-doing, individuals and institutions have not apologised or been punished.  In accordance with the Lancaster House agreement, the independent government did not attempt to deal with this in their early years in office; nor did they treat it as urgent a decade later.  The restitution of material loss was not fulfilled for the vast majority. The highly partisan compensation funds for war victims were so corruptly administered that this form of restitution has unfortunately lost all credibility. Eventually, rather than handling it as a matter of healing, government  allowed and encouraged the forces of resentment and bitterness to dominate in bringing a  measure of material restitution through the seizure of land from the owners of what was appropriated by others generations ago.  The majority of those thus deprived were not even descendants of the original appropriators, even though one might claim that they had benefited nevertheless from the political economy of the colonial period.

Unfortunately, during this land appropriation, political motives overtook any aim to heal, to correct the historic injustices by providing restitution.  Instead, lingering grievances were cleverly manipulated to serve politicians’ desire  to retain power.  There are several reasons why the seizure of land can hardly be considered to have contributed to restoring that balance of justice and material losses and healed the nation:  firstly, the manner in which it took place enabled only a small minority of those who originally suffered losses to gain restitution [2], thus leaving out the vast majority; secondly, those from whom land was taken were not the original perpetrators, even though they may have been indirect beneficiaries;  thirdly, and perhaps most importantly, the violence with which it took place created more victims with open wounds; furthermore, the destruction of the entire economy which ensued erased the livelihoods and social supports of literally millions, producing a nation of impoverished destitutes. Evidence from the redistribution patterns shows that we have in addition perpetuated the social divisions between those with more land and those with less,[3] and inevitably those with ZANU PF connections were the main beneficiaries.

Those who still claim that national healing must take account of wounds suffered as far back as the 19thcentury must explain what wounds they want to heal, and how, if their stance is not simply to be dismissed as political posturing. Those who insisted that all appropriated land must be reclaimed have shown no interest in the wounds of the Tonga people; their lands cannot be reclaimed, but surely some material restitution could have been considered. In addition to those crimes of colonial expropriation, atrocities by both sides in the liberation war have never been dealt with, and yet they left deep spiritual and material wounds. If anyone has a workable plan for the just handling of these problems, and the genuine healing of those wounds, let them come forward.

What we all know is that far more recent wounds are still festering and need attention if we are to progress as a nation. These are the wounds inflicted over the past thirty years by our own sovereign government and its party and security institutions, against fellow citizens who sought to exercise their constitutional right to hold a different political allegiance. Many of the perpetrators as well as direct victims are still alive, and healing can indeed be achieved if we have the moral and political will.  For years, survivors of the atrocities committed during Gukurahundi have been denied any form of healing by the flimsy excuse that to talk about their pain will simply “open old wounds”.  Those who still feel the hurt and the losses thirty years later would not consider these to be “old” wounds.  They are both fresh and unhealed and hence remain to some extent “open”. Furthermore their perpetrators are in many cases known, and even prominent within government and its institutions. Isn’t it ironic that some of the same people who refuse to acknowledge these wounds want to talk about healing for wounds suffered generations ago?  It is indeed difficult to take them seriously.

A survivor of Gukurahundi cannot be healed when he sees the chief perpetrator of those atrocities enjoying high rank in Zimbabwe’s military hierarchy, completely unmoved by the wounds he inflicted and completely free of any opprobrium, let alone punishment for his crimes.  A survivor of election violence of 2008 cannot be healed when her torturer or the murderer of her husband walks free in the community, even taunting his victim’s family about the impunity he enjoys, being protected by powerful individuals.  Both these survivors face material losses, often having been deprived of property, employment, physical health, integrity of family and access to any economic resources, not to mention their civil rights to freedom of expression and association.  And their tormentors even appear to have been rewarded for what they have done.  Healing in our nation can only become a reality when those who inflicted recent wounds, both government and identified individuals, acknowledge that what they did was wrong;  individuals must be publicly called to account, and some form of justice must be seen to be done.  Murderers, whether of masses or of individuals, cannot be allowed to remain walking within communities, enjoying impunity and even affluent lifestyles while their victims’ families wallow in poverty or languish in enforced exile.  And following on from the acknowledgement and the accounting of the perpetrators must come some form of material restitution to enable survivors to pursue lives of dignity.  Then we will know that healing is taking place and the wounds will not come back to create new discords for future generations.

Our national healing organ has never been able, since its formation after the creation of the Government of National Unity, to promote any genuine healing.  Resistance is created by those who perpetrated much of the post-Independence violence and who are failing to take the first step of acknowledging their own wrong-doing, seeking rather to deflect attention to wounds inflicted before Independence.  They believe they will avoid responsibility because they can, by inflicting more wounds, remain in control of government for an indefinite period.  They could be right, but they may be wrong.  The desperate need for genuine healing may continue, and if it does, those perpetrators should know that the grievances being nursed by those with open wounds may generate a new cycle of violence fuelled by hatred and resentment, in which they themselves will become the victims.  They may not all die in power.  It is then to be hoped that those who replace them as the rulers of this nation do not venture on any new road of revenge violence, but rather initiate a genuine process, through which all can be healed, both victims and perpetrators.  Only then can we map a road to a future free of more violence and national decay.

Healing remains a distant dream as we enter an election year which heralds fear of new atrocities, new wrongs and new wounds which would add to the already heavy burden of the past.  We long for the day when perpetrators will admit they have offended, when they will be held accountable for their deeds, and even spiritual wounds can be healed as material restitution takes place.  But that can only occur  when perpetrators are no longer in control of government, are no longer granted impunity, can no longer hide behind state institutions but are forced to see and admit the horror of what they have done to their fellow human beings.


[1] For example, in Argentina, where it took close to thirty years for mechanisms of justice and healing to be put in place.

[2]Matondi estimates that 151,000 individuals (and by extension their families) out of a population of near 12 million gained access to land.   Matondi, P, Zimbabwe’s Fast Track land Reform,  Zed Books, London, 2012, p.56

[3] The whole programme of land reform proceeded with parallel but unequal mechanisms for giving large farms (A2 model) to those already with means and smaller plots (A1 model) to those without. 


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On to the polls

http://www.economist.com

A large turnout to endorse a new constitution augurs well for elections
Mar 23rd 2013 | HARARE |From the print edition

BUSINESSMEN in Zimbabwe like to say that local roads may be terrible but,
unlike in some neighbouring countries, at least they exist. This
glass-half-full attitude may explain the surprising enthusiasm with which
Zimbabweans turned out on March 16th to endorse a new constitution.

The revised rulebook has its flaws. It keeps the government on a tighter
leash, but is still short on checks. The referendum itself came only weeks
after a draft was agreed on, leaving little time for public debate. Yet more
than 3.3m voters (out of an electoral roll of 6m, bloated by the names of
many deceased) turned up and 93% voted yes. All the parties in Zimbabwe’s
uneasy governing coalition had endorsed the document as well.

This paves the way for overdue elections, perhaps as soon as mid-July. The
manner of the referendum, as much as its substance, gives reason for
optimism. The voting went smoothly. Violence was rare; polling stations
opened on time; results were announced within three days. Unfortunately, the
indelible ink used to mark voters poisoned a few returning officers.

A presidential election is unlikely to be as calm. Even if monitors from
neighbouring countries—others would not be welcome—were able to prevent
blatant rigging, they could not stop the bullying of voters and opponents of
President Robert Mugabe by thugs loyal to his party, Zanu-PF. The referendum
was barely over when four members of the political team of Morgan
Tsvangirai, the president’s main challenger, were arrested by police on
dubious charges. Beatrice Mtetwa, a human-rights lawyer, was also detained.

Such intimidation of opponents is likely to increase as the election draws
nearer, especially if Mr Mugabe’s supporters fear he might lose. Recent
polls show him and Mr Tsvangirai running neck-and-neck, even though a large
proportion of voters refuse to say whom they will back. It is likely that
many don’t-knows are Tsvangirai supporters who fear admitting that to
opinion pollsters.

The referendum showed a hunger for participation among Zimbabweans, if not
explicitly for new leadership. Were the high turnout to be repeated on
polling day, it would make it harder to rig the election.

Investors sense that things are looking up. Zimbabwe’s main stockmarket has
risen more than 20% this year. The recent history of the country may be an
invitation to expect the worst. But some in Zimbabwe are quietly preparing
for the best.


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Assessment of Zimbabwe Constitutional Referendum: Election Resource Centre

http://nehandaradio.com
 
 

Zimbabwe Constitutional Referendum 2013

INTERIM REPORT

Introduction

The Election Resource Centre (ERC) is a non-profit making organisation which was established in January 2010 to service the needs of election stakeholders in Zimbabwe. The Election Resource Centre is an independent electoral institution which aims at strengthening the capacity of election stakeholders to meaningfully engage in the election processes.

Residents of Mbare queue to vote in the Referendum in the early hours of Saturday 16 March.

Residents of Mbare queue to vote in the Referendum in the early hours of Saturday 16 March.

Apart from its conventional programming the ERC establishes domestic observer missions towards every given electoral event. In this instance the organization has embarked on a mission to monitor the constitutional referendum which was conducted on the 16th of March 2013.

Purpose of Observer Mission

To assess the pre-referendum environment

To observe the actual day of voting in terms of the voting procedures, counting and transmission of results

To record and observe any voting irregularities before and during the referendum

To observe and report on any polls related violence

Methodology

The Elections Resource Centre (ERC) deployed 30 accredited observers and voters’ clubs members who covered all the country’s 210 constituencies. The observers assessed the pre-referendum period, the referendum and post referendum period.

In addition to the accredited observers, the ERC also relied on information gathered and supplied by its unaccredited citizen monitors situated in all the country`s 210 constituencies.

Such citizen monitors would give constant near-real time updates on unfolding election related events which had potential to disturb the conduct of the election. Such information was relayed through SMS or Whatsapp, calls and feeds on e-mail and processed into reports on the electoral environment.

Pre-referendum Assessment

The pre-referendum period was largely peaceful but was punctuated by an upsurge in attacks on civil society organizations which witnessed raids and searches at the Zimbabwe Peace Project, ZIMRIGHTS, ZESN, NYDT and Radio Dialogue.

Such attacks on civil society impeded the ability of the CSOs to freely provide their services to the citizenry, and can stifle information to the communities especially as it relates to the referendum.

Key Findings

Voter Education- the ZEC embarked on a voter education outreach programme meant to inform prospective voters of the requirements and places where people were going to cast their votes.

The outreach meetings started on the 6th of March and were conducted until the 13th of March 2013 with ZEC deploying 2 voter educators per ward. Clearly the time allocated for voter education exercise was inadequate and indeed not far reaching.

Consequently the referendum was marred by the following unfortunate incidences;

i. People bringing unsuitable forms of identification like drivers` licence, expired passports, photocopies of IDs and even business cards. This resulted in prospective voters to be turned away.

ii. The lack of adequate voter education also resulted into spoilt ballots which could have been avoided had there been adequate voter information prior to the election.

iii. A significant number of voters did not understand the difference between a referendum and the general election.

iv. A number of aliens, who by current law are not eligible to vote, found themselves in queues intending to vote before inevitably being turned away.

Voting - Our observers on the ground reported that voting proceeded smoothly, with most of the polling stations opening up on time for voting and closing on time, albeit there were reports of one polling station opening at 10.30am and closing at 10.30pm at Caledonia.

However the increase in the number of polling stations widened access to the voting facilities. Voters were taking an average of 3 minutes to complete the voting process. Generally, the voting process was easy to navigate and the ERC commends the Zimbabwe Electoral Commission for conducting a smooth voting process.

Voting Environment - While voting was widely peaceful and orderly, there were however isolated reports of violence and arrests in certain parts of the country. There were reports on acts of coercion in Epworth and Muzarabani.

Villagers and residents were being forced to go and vote and threatened with unspecified action if they do not comply.

In Chakari, our observers reported that 7 ZANU PF youth were turned away from a polling station for attempting to vote while wearing party regalia, and reportedly assaulted an MDC-T supporter on their way from the polling station.

There were also reports of arrests in Harare, Glen View and Kariba. It is however commendable that the referendum was largely conducted in a largely peaceful environment; but the isolated cases of violence and intimidation have the potential to dent the credibility of the referendum.

Administrative Framework - Our observers reported disorder in the form of shortage of ballot papers in areas such as Ntabazinduna in Matabeleland North and Bulawayo East. There were reports of lack of adequate visible signs to direct voters to most polling stations.

Such administrative oversights are an indictment on the part of ZEC and its capacity to implement logistics related to the conduct of elections, especially coming against the background of ZEC having printed excessive ballot papers for the plebiscite.

Counting - The ERC received reports of anomalies in the counting and collation of results processes. For instance, the ERC received reports from its observers that all observers present at New Hall Command Centre in Glen View South Constituency were asked to vacate the facility when counting began.

Mr. Maenzanise, the Returning Officer at the said counting centre further informed observers that they were not at liberty to either disclose or display the results as they were being channelled directly to the national command centre.

The mentioned Returning Officer reportedly hinted to the observers that it is his exclusive discretion to make public or not, results from the collation centre concerned. Such utterances are clearly contrary to the provisions of electoral legislation and regulations.

It was further reported that at some polling stations in Nyami Nyami, Seke and Mt Pleasant, results were not being displayed at polling stations; rather they were being channelled directly to their respective collation centres.

The ERC notes that such conduct negates the provisions of the Referendums Regulations (Statutory Instrument 26 of 2013) together with the Electoral Act (Chapter 2.13) requiring every Returning Officer to “upon completion of the constituency collation return, affix a copy of the constituency collation return outside the constituency collation centre.”

Police presence inside polling stations – Our observers nationwide noted a worrying heavy presence of police in and around polling stations. Some reports indicated that the police officers at some polling stations were actively involved in the polling processes.

More worrying is the fact that most of the police details were present in the polling stations – police should be stationed outside the polling stations to maintain law and order. Their presence inside polling stations has the potential to cause anxiety amongst the voters.

Election Officials – The ERC also observed that some election officials were not aware of the laws and regulations governing the conduct of the referendum. This was invariably exhibited at various polling centres as some polling officials either through commission or omission did the following;

i. Returning officers chasing away observers at counting

ii. Returning officers refusing to display results at the polling centres

iii. Returning officers refusing to give copies of results to accredited observers at the polling centres

iv. Some referendum officials did not understand the role of the observers

Recommendations

The ERC therefore calls upon election administrators to exercise consistency in the observance of electoral regulations, which inevitably would limit suspicions of manipulation of the electoral outcomes.

Call on the state institutions charged with maintaining law and order to fulfil their mandate impartially and in manner that instills confidence in the electorate

Urge ZEC to plan more effectively its administration of the electoral processes so that it is able to confront unforeseen events like floods and accidents as well as shortage of voting material

Call on ZEC to make sure that in future polls, adequate time and resources is allocated to voter education so as to reduce rejected votes and increase voter turnout.

That all observers willing to observe future elections must be given accreditation without unreasonable limitations.

There is need to ensure officials deployed to polling centres are adequately trained and fully understand the scope of their work and corresponding laws and regulations governing the conduct of elections.

In view of the above, the Election Resource Centre (ERC) considers the March 2013 Referendum to have been conducted in a largely peaceful, transparent and credible manner.

Contact Details

Website: www.erc.org.zw, Email:erczimbabwe@gmail.com, Twitter: @erczimbabwe, Facebook: Election Resource Centre Zimbabwe


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The seed of conflict

http://www.thezimbabwean.co.uk/news/analysis/64558/the-seed-of-conflict.html
 
 

As the constitutional referendum took place on the 16th March 2013, both the ruling party, Zanu-PF and opposition party, the MDC are intensifying intimidation and campaigning before the elections scheduled in July 2013. One of the most powerful methods of currying favour with potential voters in a country wreaked with severe drought and hunger is the issuing of farming supplies and food.


In this footage, various meetings are recorded in which both Zanu-PF and the MDC use the promise of farming supplies to loyal and often desperate supporters in a bid to secure votes in the scheduled elections in July.

In a country that was once hailed as the “bread basket” of Africa, many believe the political influence of the ruling and opposition parties has ironically created the humanitarian food crisis they claim to be able to solve through the sparse distribution of farming supplies, particularly maize seeds.

Further questions are also being raised as to where the political parties are getting the supplies used in the campaign as there is a huge shortage nationally that has required humanitarian organisations to intervene by supplying food supplies, some say the same that the parties are using to gain votes for the upcoming election.


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