High Court hears Mtetwa bail appeal tomorrow

http://www.dailynews.co.zw

Sunday, 24 March 2013 14:10
HARARE - The High Court will tomorrow hear the bail appeal by award-winning
human rights lawyer Beatrice Mtetwa seeking her release on bail from
Chikurubi Maximum Security Female Remand Prison.

The presiding judge, Justice Joseph Musakwa, on Friday said that the bail
application filed by the defence team led by Advocate Thabani Mpofu was not
in order as it did not include some records.

In their High Court application, Mtetwa’s lawyers Advocate Mpofu, Harisson
Nkomo and Dzimbabwe Chimbga argued that provincial magistrate Marehwanazvo
Gofa seriously misdirected herself by refusing to admit Mtetwa to bail and
that her ruling must be set aside on appeal.

Mtetwa’s bail appeal to the High Court will be heard tomorrow morning, and
adds conditions that were not in the appeal turned down last week by the
criminal court judge.

The lawyers proposed that Mtetwa should be freed on bail on terms that binds
her to deposit $100 with the Clerk of Court at Harare Magistrates Court and
not interfere with evidence and if need be enter into any such additional
requirement as the High Court may deem desirable.

The case has captured worldwide attention. Mtetwa is not only a recipient of
an array of awards from international jurists’ groups including the American
Bar Association, but also defended journalists and human rights activists
against prosecution.

Gofa charged Mtetwa on Wednesday with obstruction of justice on the basis of
police claims that she “shouted” at officers during their search of the
residences of four members of Prime Minister Morgan Tsvangirai’s party on
Sunday.

Mtetwa is said to have shouted: “Stop whatever you are doing it’s
unconstitutional, illegal and undemocratic.”

The provincial magistrate remanded Mtetwa to prison pending trial on April 3
on the basis of prosecutors’ claims that she was a flight risk and “might
hinder further police investigations by causing commotion.”

The same day, High Court Justice Charles Hungwe ordered Mtetwa’s immediate
release.

But police defied the ruling and kept Mtetwa in custody in Rhodesville
Police Station in Harare. Mtetwa’s lawyers then filed an appeal to the High
Court seeking her release on bail pending trial. A hearing has been
scheduled for tomorrow.

Prosecutors have opposed her release, asserting she is a flight risk.

The New York-based Committee to Protect Journalists (CPJ) has written to
Justice and Legal Affairs minister Patrick Chinamasa expressing concern
about the arrest of the award-winning human rights lawyer and her subsequent
detention in defiance of an order issued by a High Court judge.

“We believe this invalidates the criminal proceedings instituted against her
on Wednesday and constitutes an affront to the Constitution and legal system
of your country,” CPJ executive director Joel Simon said in the letter to
Chinamasa.

Mtetwa, a former president of the Law Society of Zimbabwe, is the only
non-journalist to be honoured with CPJ’s International Press Freedom Award.

“In line with your mission to ‘uphold the Constitution and legal system of
the State of Zimbabwe,’ we call on you to ensure that the state immediately
complies with the High Court order that authorised Mtetwa’s release,” the
CPJ letter said.

“Such action under your leadership could restore the integrity of the legal
system in Zimbabwe. We urge you to use the power of your office to guarantee
the State’s compliance with the rule of law and due process and ensure the
release of Mtetwa.”

Lawyers Rights Watch Canada and Zimbabwe Watch have also written to
President Robert Mugabe and to the Zimbabwean embassy in Belgium and
Netherlands protesting the detention of Mtetwa and demanding her immediate
release.

Meanwhile, Zimbabwe civil society leaders from the Crisis in Zimbabwe
Coalition, the International Commission of Jurists and Human Rights
Institute of South Africa (Hurisa) will be addressing a news conference in
Johannesburg on Wednesday on the escalating crackdown on human rights
defenders in Zimbabwe.

Police on Thursday dispersed demonstrators demanding Mtetwa’s release, with
police and protestors clashing in angry scenes at the courthouse.

Critics say her detention is politically-motivated. - Gift Phiri, Political
Editor

Protestors, police clash

http://www.dailynews.co.zw/

Sunday, 24 March 2013 13:36
HARARE - Dozens of protestors thronged the Harare Magistrates’ Courts
yesterday to stage a demonstration demanding the release of the nation’s
jailed top rights lawyer, Beatrice Mtetwa.

Before the demo, anti-riot police swarmed the courts, while others were
milling around at the Parliament Building.

Waving placards inscribed “Free Beatrice now” and “what you are doing is
illegal and unconstitutional”, the protestors staged the demo as the leading
lawyer spent a fifth night in custody.

Baton-wielding police officers moved in on the protestors, easily breaking
the demo.

The defiant demonstrators retreated from the officers, who were trying to
wrestle the placards from them.

Some were man-handled in the subsequent melee while resisting arrest.

One of the demonstrators told the Daily News that the march was against the
magistrates’ court which remanded Mtetwa in custody until April 3.

The singing mob chanted songs like “tichamira tichirwira nyika yedu
naBeatrice (we will stand firm and fight for our country with Beatrice)”.

The defiant protestors clashed with police, resisting arrest and declaring
that “hatisungwe namahobho” (we can’t be arrested by a guard) while some
shouted “wakapusa unoshandiswa” (you are dumb you are being used) to the
police officers who were trying to disperse them.

Earlier, the High Court had postponed Mtetwa’s bail appeal.

High Court judge Justice Joseph Musakwa told Mtetwa’s lawyer Chris Mhike to
put his court papers in order before he could deliver a bail ruling.

He postponed the matter to next Monday.

“The transcript of the court proceedings was not filed when we made our bail
application because we got the transcript late in the day from the
magistrates’ court,” Mhike said.

“However, we are going to file all the papers by the end of day so that on
Monday we can resume the matter.”

On Tuesday, magistrate Gofa denied Mtetwa bail arguing that she was likely
to cause commotion if freed.

The award-winning rights lawyer was arrested on March 17 on allegations of
obstructing the course of justice amid police claims that she shouted at
them when they were searching the home of her client  — Thabani Mpofu — a
research director in Prime Minister Morgan Tsvangirai’s office.

She was arrested together with four staff members from Tsvangirai’s office,
Mpofu, Felix Matsinde, Mehluli Tshuma, Anna Muzvidziwa and former Harare
City councillor Warship Dumba.

The PM staffers are facing charges of breaching the Official Secrets Act and
impersonating the police and possessing of documents for criminal use.

After her arrest, Mtetwa’s lawyers filed an urgent chamber application at
the High Court and the court ordered that Mtetwa immediately be released
from custody.

But she was not released.

In her High Court application, Mtetwa’s lawyers argued magistrate Gofa
seriously misdirected herself by refusing to admit the human rights lawyer
to bail and that her ruling must be set aside on appeal.

The lawyers proposed that Mtetwa should be freed on bail on terms that binds
her to deposit $100 with the Clerk of Court at Harare Magistrates’ Courts
and not interfere with evidence and if need be enter into any such
additional recognisance as the High Court may deem desirable.

Mhike also said lawyers for the four PM staffers were also preparing to
launch a bail application in the High Court where they are hoping that the
matter will be heard next week.

There was a high turnout of lawyers at the High Court yesterday most of whom
had come to show solidarity with Mtetwa — who is the former president of the
Law Society of Zimbabwe.

The arrest of Mtetwa has attracted the attention of the international
community.

Lawyers Rights Watch Canada and Zimbabwe Watch yesterday wrote to President
Robert Mugabe and to the Zimbabwean embassy in Belgium and Netherlands
protesting the detention of Mtetwa.

“We are deeply concerned by the arrest of Ms. Mtetwa, the police’s refusal
to comply with the High Court Order for her immediate release and her
continuing illegal detention,” says the letter to Mugabe.

“These police actions not only prevent Ms. Mtetwa from performing her
professional duties, they may also serve to intimidate other human rights
lawyers representing their clients.

“We urge the Zimbabwean government to release Ms. Mtetwa immediately and
unconditionally.”

The rights groups reminded Mugabe about the Zimbabwean government’s
obligation to recognise the valuable role played by lawyers in a democratic
society and to promote and support the work of lawyers in line with the
United Nations’ Basic Principles on the Role of Lawyers. - Helen Kadirire
and Chengetai Zvauya

LSZ to stage march over Mtetwa

http://www.dailynews.co.zw

Sunday, 24 March 2013 14:13
HARARE - THE Law Society of Zimbabwe (LSZ) will tomorrow stage a march at
the High Court demanding the release of jailed veteran human rights lawyer,
Beatrice Mtetwa.

The planned march follows a resolution passed at an urgent crisis meeting by
the Law Society on Friday afternoon in Harare.

In messages to society members seen by the Daily News on Sunday, LSZ
executive secretary, Edward Mapara, invited members to meet outside the High
Court tomorrow afternoon for the planned exercise.

“We have notified the police of our intended march to present our petition
to the authorities as resolved today. Let’s meet outside the High Court at
1.30 pm to commence our march,” said Mapara.

Mtetwa is receiving both domestic and international support. Dozens of
ordinary Zimbabweans clashed with security forces when they staged a
demonstration at the Harare Magistrates’ Courts on Friday seeking the top
lawyer’s release.

Waving placards inscribed “Free Beatrice now” and what you are doing is
illegal and unconstitutional,” the protestors staged the demostration on the
fifth night of the leading lawyer’s detention after she had been denied bail
by the magistrates’ court.

The award-wining rights lawyer stands accused of obstructing the course of
justice with police claiming that she shouted at them while they were
searching the home of her client- Thabani Mpofu who is a director for
research in Prime Minister Morgan Tsvangirai’s office.

Mtetwa was arrested along with staff from the premier’s office who include
Mpofu, Mehluli Tshuma, Anna Muzvidziwa Felix Matsinde and former Harare
councillor Warship Dumba who are accuse of breaching the Official Secrets
Act and impersonating the police. - Mugove Tafirenyika

Letter to Robert Mugabe - Unlawful arrest and detention of human rights lawyer Beatrice Mtetwa

http://www.sokwanele.com/thisiszimbabwe

 

AUTHOR:

SOKWANELE

DATE:

MAR 23, 2013

COMMENTS:

0

Your Excellency,

We are writing you on behalf of the organizations that have signed this letter.

All are human rights organizations that seek to promote the proper functioning of the rule of law. The freedom and independence of the legal profession is an essential part of the rule of law. In this context we respectfully draw your attention to the following.

On 17 March 2013, highly respected human rights lawyer Beatrice Mtetwa was arrested while executing her professional duties. We have been informed that she was attending to a client whose home was searched by the police. She was placed under arrest after requesting the production of a valid search warrant and an inventory list of items that had already been removed. Her mobile phone, containing privileged attorney-client communication, was confiscated. She was charged with defeating and / or obstructing the course of justice under the Criminal Law (Codification and Reform) Act, section 184(1)(g).

An Urgent Chamber Application was filed by her legal team in the High Court and the court ordered that Ms. Mtetwa immediately be released from custody. Up until now, the police has not complied with this order.

We are deeply concerned by the arrest of Ms. Mtetwa, the police refusal to comply with the High Court Order for her immediate release and her continuing illegal detention. These police actions not only prevent Ms. Mtetwa from performing her professional duties, they may also serve to intimidate other human rights lawyers representing their clients.

We urge the Zimbabwean government to release Ms. Mtetwa immediately and unconditionally.

Furthermore, we remind the Zimbabwean government of its obligation to:

• recognize the valuable role played by lawyers in a democratic society as the Republic of Zimbabwe;
• promote and support the work of lawyers in line with the United Nations’ Basic Principles on the Role of Lawyers.¹

In particular, we would like to draw your attention to paragraphs 16 and 17 of the Basic Principles on the Role of Lawyers, that state that the government is under an obligation “to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”. According to paragraph 18 “lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”.

We also draw your attention to article 9 of the United Nations International Covenant on Civil and Political Rights (ICCPR), that states that "everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds an in accordance with such procedures as are established by law.“ Furthermore, we refer to articles 9 and 10 of the Universal Declaration on Human Rights (UDHR), which state that no one shall be subjected to arbitrary arrest, detention or exile.

We call on the government of Zimbabwe to honour its international human rights obligations, to release Ms. Mtetwa immediately and to ensure the personal and professional safety of her and her colleagues to carry out their professional duties, and not to be intimidated and hindered in doing so.

We kindly request to receive your response on the shortest notice possible. We will continue to monitor this very important matter closely.

Sincerely,

Zimbabwe Watch
Hugo Knoppert, Coordinator

On behalf of the AED
Gorka Vellé Bergado

Lawyers for Lawyers
Adrie van de Streek, Executive director

Lawyers Rights Watch Canada
Gail Davidson, Executive Director

Copied to:

His Excellencies

Mr. Patrick Chinamasa, Minister of Justice and Legal Affairs of Zimbabwe
Mr. Augustine Chihuri, Commissioner-General of Zimbabwe Republic Police
Officer in charge of the Harare Central Police station, Zimbabwe
Mr. Khembo Mohadi, co-Minister of Home Affairs of Zimbabwe
Mr. Johannes Tomana, Attorney-General
Embassy of Zimbabwe in Brussel, Belgium
Netherlands Embassy in Harare, Zimbabwe
Law Society of Zimbabwe

¹Basis Principles on the Role of Lawyers, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August to 7 September 1990, U.M. Doc. A/CONF. 144/28/Rev.1 at 118 (1990), available at http://www2.ohchr.org/english/law/lawyers.htm.

ACHPR finds Zimbabwe guilty of torture

http://www.osisa.org/

BY RICHARD LEE | 24 MARCH 2013

The African Commission on Human and Peoples’ Rights (ACHPR) has found the
Zimbabwe Government responsible for the torture and ill-treatment of Gabriel
Shumba, a well-known human rights advocate and lawyer from Zimbabwe. This is
the first time in its 26-year history for the most important human rights
body in Africa to hold Zimbabwe responsible for torture.

Shumba, who was representing human rights activists and members of the
opposition party MDC before courts in Zimbabwe at the time of his arrest and
torture at the hands of the police and intelligence personnel, emphasised
that the ruling went beyond his case.

“This important ruling adds to Africa’s struggle against impunity, and the
case is representative of thousands who have suffered torture and various
indignities at the hands of a repressive regime in Zimbabwe,” said Shumba,
who fled to South Africa for fear of his life in 2003, shortly after his
torture.

Shumba brought a complaint before the African Commission in 2004 and in its
decision, the ACHPR considered that Shumba had submitted “more than adequate
evidence” to support his allegation of torture and ill-treatment, including
being subjected to prolonged electric shocks in the mouth, genitals,
fingers, toes and other parts of the body. It said Zimbabwe failed to open
an official investigation and that it should do so and bring those
responsible to justice.

The decision also alluded to the impunity with which torture is being
committed in Zimbabwe which made it impossible for Shumba to seek justice
before Zimbabwean courts. In particular, it acknowledges that he would have
undergone great risks had he returned to Zimbabwe to seek justice, stating
that “there was no guarantee that he would not have been arrested or
subjected to the same treatment he had been subjected to the previous time.”

The Commission also made it clear that remedies in Zimbabwe “are inadequate,
ineffective and unavailable” and ordered Zimbabwe to pay Shumba adequate
compensation for the torture and trauma caused to him. Zimbabwe has 90 days
to implement the decision.

“The Government of Zimbabwe and the African Union's commitment to ending
impunity will be measured against a clear yardstick of implementation of the
decision of the African Commission on Human and Peoples Rights,” added
Shumba, who is currently living in South Africa, where he is the chairperson
of the Zimbabwe Exiles Forum and an advocate of the High Court of South
Africa and a member of the Johannesburg Bar.

“This decision is emblematic of the widespread use of state terror to coerce
and cow a subject population. It is not merely a legal decision in favour of
a single victim but rather a recognition by Africa's most important and
prestigious institution that the practice of disappearing people and beating
them to within an inch of their lives will no longer be ignored by
Zimbabwe's neighbours,” said David Padilla, Shumba’s lawyer.

“The decision once more underlines the crucial role of the Commission in
providing justice to victims who have nowhere else to go”, said Dadimos
Haile, Interim-Director of REDRESS, who supported Shumba’s claim. “While we
would have hoped that the Commission’s ruling on reparation is more
inclusive of other forms of reparation recognised under international law,
particularly access to medical and psychological rehabilitation, this ruling
is an important acknowledgment of the torture committed against Mr Shumba
and the obligation of the Government of Zimbabwe to provide him with
compensation."

Tsvangirai takes fight to Mugabe

http://www.dailynews.co.zw/

Sunday, 24 March 2013 14:20

HARARE - Prime Minister Morgan Tsvangirai will tomorrow confront President
Robert Mugabe over the arrest of his office staff, amid reports that the MDC
leader is furious that security authorities have intensified a crackdown to
intimidate people ahead of elections.

Jameson Timba, the minister of State in the PM’s office, confirmed to the
Daily News on Sunday that Tsvangirai will tomorrow demand answers from
Mugabe about the arrests when they meet at their usual Monday afternoon
meeting.

Mugabe, a Catholic, returned home on Thursday from Rome, where he attended
the inaugural mass of Pope Francis after jetting to the Vatican City last
Sunday.

The two Principals have not met since Mugabe’s return, and tomorrow’s
meeting is expected to centre on the crackdown by the police which started
just as Mugabe left for Rome.

“As you aware the prime minister met the then acting President Joice Mujuru,
to raise his deep concerns about the attack on his office and the
unfortunate arrest of respected and competent human rights lawyer Beatrice
Mtetwa,” Timba told the Daily News on Sunday.

“The PM will definitely be following up on this matter with the president.”

Over the past week, six staff members from Tsvangirai’s office were arrested
in what is being seen as a campaign of intimidation ahead of elections.

The last to be picked were two caretakers last Thursday who were arrested
and released after submitting statements, according to the premier’s office.

Police say they never picked them up.

The caretakers’ seizure followed the arrest of four other staff members,
Thabani Mpofu, Felix Matsinde, Mehluli Tshuma and former Harare City
councillor Warship Dumba. The four have been charged with possessing
articles for criminal use, impersonating the police and contravening the
Official Secrets Act.

They were arrested last Sunday together with Mtetwa. The award-winning
rights lawyer is charged with obstructing the course of justice and has been
remanded in judicial custody to April 3 after a Harare magistrate denied her
bail.

She has since filed an appeal against that ruling in the High Court, and the
matter has been set down for a hearing tomorrow.

Timba said the issue of the arrests was exacerbated by the fact that the
country was just coming out of a “positive historic vote for a new
democratic constitution”.

Zimbabwe passed a new constitution by over 90 percent vote in a largely
peaceful referendum on March 16 hailed by both foreign and local observers.

“We believe that recent incidents poison the electoral environment, at the
same time we also believe such incidents strengthen and galvanise the
resolve of the people of Zimbabwe to complete the change, whose seeds were
sown in 1997 with the launch of the National Constitutional Assembly and
germinated in 1999 with the birth of MDC, ripening on March 16, 2013
referendum and harvesting after elections,” Timba told the Daily News on
Sunday.

The MDC international relations secretary also said the new constitution was
a key signpost demanded by the MDC during negotiations to form the inclusive
government back in 2008 and was triumph for the MDC.

“The PM has succeeded in persuading Zanu PF and its members to vote with the
majority of Zimbabweans for a new democratic constitution to replace the one
bequeathed to us by the Queen of England, which Zanu PF wanted to cling to,”
Timba said, adding: “It’s a major milestone for MDC.”

The recent crackdown on the PM’s staff has set an ominous tone for human
rights and political freedoms in Zimbabwe as the country hurtles towards
watershed elections that Mugabe’s spokesman George Charamba said are due by
June 29.

“The PM is committed to double his effort in creating an environment for a
free and fair election by engaging local political leaders and institutions
like Sadc and AU, who are the guarantors of the Global Political Agreement,”
he said.

“The recent developments in the country are an affront to culture of peace
and tolerance that both the PM and president have been preaching. We need to
dismantle the infrastructure of violence, harassment and intimidation and
replace the same with structures of peace, tolerance and democracy.”

In his report to the Sadc Troika on Politics, Defence and Security
Cooperation held in Pretoria on March 9, President Jacob Zuma, the Sadc
appointed mediator to the Zimbabwe political crisis said “security sector
realignment” will have to be done before the election, a condition
vigorously resisted by Mugabe’s Zanu PF.

“Security sector realignment cannot be postponed any longer,” Zuma said in
his report to the Troika.

Tsvangirai on Wednesday reported the onslaught against his office to the
Sadc facilitation team which was in Harare last week, according to Luke
Tamborinyoka, the prime minister’s spokesperson.

Tsvangirai informed Zuma’s team of “the deteriorating situation as we begin
preparations for elections,” said Tamborinyoka. - Tendai Kamhungira

Ncube dares Tsvangirai, Mugabe

http://www.dailynews.co.zw

Sunday, 24 March 2013 14:20

HARARE - The break-away MDC formation led by Industry and Commerce minister
Welshman Ncube says instead of being shocked by police conduct Prime
Minister Morgan Tsvangirai should provide answers.

Early this week police arrested four staffers from Tsvangirai’s office and
Beatrice Mtetwa, a prominent human rights lawyers — courting the ire of the
international community and the attention of Sadc — facilitators to the
unity government.

Two more workers at the premier’s office were picked up on Thurdsay,
bringing the number to six.

On Monday, Tsvangirai who leads the larger MDC formation and a former ally
of Ncube said he is pushing for Sadc to call for an urgent summit as he
seeks an end to the crackdown that many fear can only escalate ahead of a
watershed plebiscite.

However, Ncube’s MDC says Tsvangirai, who shares executive powers with
Mugabe, should instead of leaning on the meditation of Sadc provide answers.

While Tsvangirai himself has been a victim, Ncube’s MDC sees its
ally-turned- foe as part of the problem.

Nhlanhla Dube, MDC spokesperson, said the unravelling crackdown on
dissenting voices is a horrible manifestation of the “cosy relationship”
between Mugabe and Tsvangirai.

“The two have met on numerous Monday meetings under the guise of fixing the
deteriorating political situation in the country but little or nothing at
all has changed,” said Dube.

“After each and every one of these meetings, the nation has been assured
through Tsvangirai, who appears to be the spokesperson of Mugabe and his
side-kick Arthur Mutambara, of agreements that the country will never again
see violence yet the results we see on the ground are to the contrary,” said
Dube.

Indeed there is no love lost between the former comrades with attempts to
forge a grand coalition to topple Mugabe now a pipedream.

Dube’s statements expose the deep animosity between Ncube and Tsvangirai
ahead of polls.

Ncube who does not have the privilege to seat among government principals
says apart from Mugabe, Tsvangirai should also come clean on the violence
scourge.

“This worsening political situation only goes to prove that Tsvangirai and
Mugabe are either not as in charge as they wish us to believe or are happy
with it,” said Dube.

Britain seek to restore diplomatic relationship with Zimbabwe

http://www.zimdiaspora.com/

SUNDAY, 24 MARCH 2013 08:47

In a move that signals a major policy climb-down, the British government has
invited Zimbabwe’s re-engagement team for talks aimed at exploring ways of
restoring diplomatic relations between the two countries.

The invitation marks the first time London has formally sought to resolve
its longstanding bilateral dispute with Harare spanning 14 years.

The re-engagement team — comprising Global Political Agreement (GPA)
negotiators Cde Patrick Chinamasa (Zanu-PF); Mr Elton Mangoma (MDC-T) and
Mrs Priscilla Misihairabwi-Mushonga — is scheduled to set off for the
meeting today.

Cde Chinamasa told The Sunday Mail yesterday that the British Parliamentary
Under Secretary of State for Foreign and Commonwealth Affairs, Mr Mark
Simmonds, sent an invitation letter to the Zimbabwe Government recently.

He said the invitation was a sign that Britain intends to lay the path for a
new chapter on Zimbabwe.

“We have been invited by Britain through its Under Secretary of State for
Foreign and Commonwealth Affairs, Mr Mark Simmonds,” he said. “For us, it
could be an indication that Britain realises that its foreign policy on
Zimbabwe is collapsing and they want to embark on a new path.

“Events will tell, but, Britain should realise that its foreign policy on
Zimbabwe is not sustainable.”

Cde Chinamasa said his team will use the interface to call for the
unconditional scrapping of sanctions on Zimbabwe and also reject foreign
interference in domestic processes.

He added that advocating the shutting down of pirate radio stations that are
beaming into the country through international donor funding is also on the
agenda.

The Zimbabwe-Britain meeting will also involve representatives from other
countries that include the United States, Canada and Australia as well as
the European Union.

In addition, British think tank Chatham and members of the House of Commons
will take part in the deliberations. “Besides Britain, we are going to
engage representatives of countries that imposed sanctions on Zimbabwe which
are EU member states, Australia, Canada and the US.

“Some of them are actually calling themselves ‘Friends of Zimbabwe’, which
is a misnomer because they have imposed sanctions on Zimbabwe.

“We will use the platform to call for three main issues which are: the
unconditional lifting of sanctions; the demand for these countries not to
interfere in our internal affairs, especially through non-governmental
organisations as well as to inform them that we are going to implement the
closure of pirate radio stations as required by the GPA.”

The re-engagement team was set up by the inclusive Government to help
restore normal relations between Zimbabwe and the West.

Since its appointment, the team has met Western government representatives.

Relations between Britain and the Southern African state soured after the
former colonial power reneged on its obligation to finance the historic land
reform programme, which corrected land distribution imbalances that
disadvantaged the majority. London internationalised the bilateral dispute
by peddling falsehoods about Harare’s adherance to the rule of law and human
rights and ultimately convinced its Western allies to impose sanctions. The
Sunday Mail

Back off from Mugabe debate, war vets told

http://www.dailynews.co.zw/

Sunday, 24 March 2013 14:11
HARARE - Matabeleland South provincial governor, Angeline Masuku, says war
veterans should back off from the debate around President Robert Mugabe’s
continued occupation of office despite advanced health.

Addressing mourners at the burial of veteran journalist and former deputy
news editor of the Bulawayo-based Chronicle newspaper, Paul Nkala in
Plumtree yesterday, Masuku said war veterans had no locus standi to ask
Mugabe, 89, or any Zanu PF leader to vacate office.

“War veterans be wary of some amongst you, who do not have a history of the
liberation struggle worth mentioning by some of us who were involved in the
war of liberation for this country. These are the same people who talk too
much to a point that they soil the name of the war veterans. They are busy
asking leaders to vacate offices. Where do they get that right from?,” she
asked.

In reference to Mugabe, Masuku said he was the current torchbearer of the
party’s policies and future.
However, she warned there was a high risk that the party would lose
direction if there was no consultation between those in the party’s
leadership and those aspiring for office.

“I want to say we all need to ask things that we do not know from those that
have traversed the route that we seek to take over one day. That is why it
is very important to ask our leaders to provide guidance.”

We believe that there is no proper home or family where you won’t find an
elderly person from whom you would want to tap wisdom from.

“To the war veterans, I say there is no way you can say that your father is
now old and he should find home elsewhere. That is why in the end, you end
up demanding to sleep with your mother because you have chased away your
father. Let us, as war veterans, keep away from this business of asking our
leaders to go away because there are some of our friends who aspire for
office,” Masuku said.

The late Nkala, who died at the age of 53, was awarded liberation hero
status. - Own Correspondent

Black on black land war intensifies

http://www.dailynews.co.zw

Sunday, 24 March 2013 13:29
HARARE - Some of the Zanu PF shock troopers who led a violent takeover of
white-owned commercial farms in 2000 under the guise of land reform are now
singing the blues after government ordered their eviction.

At least five families out of the 44 that occupied Stonehurst Farm in
Mashonaland West’s Zvimba East constituency are scrambling after Norton
Magistrate Judith Tirivangani last week confirmed their eviction.

Stonehurst Farm has now been allocated to one Barbra Chimbadzo, who is in
possession of an offer letter from government. The evicted families say the
plot has become dirty, arguing they were used as foot soldiers to drive out
white farmers only to be kicked out themselves.

The order comes a month after the Lands ministry issued the families with
notices of eviction, which they ignored.

The February 14, 2013, eviction notice to Wellington Chimuti, Bernard
Chakaipa, Freddy Sato, Steward Mawurukira and John Malaika warned of
criminal charges if the original farm invaders failed to move.

“You are hereby instructed to vacate the farmhouse you are occupying in
subdivision 3 of Stonehurst farm immediately. The property you are occupying
belongs to Mrs B Chimbadzo who is the bona fide plot holder.

Several notices for you to vacate the farm have been given to you which you
fail to respect. This notice from this office will be left with no option
but to seek prosecution.”

This is despite the fact that the ministry of Lands had issued the four with
offer letters and Chimuti, whose late father was declared a district hero,
says he was even appointed the farm caretaker in 2005.

Chimuti, who is also Zanu PF secretary for security in Sally Mugabe
District, told the Daily News that like the other families, his future hung
in the balance as he has nowhere else to go.

“We are shocked at the sudden turn of events because we have offer letters,”
he said.

“We are the ones who invaded this farm in 2000 but since the death of my
father who was declared a hero by the State, things have changed
dramatically. They do not care about us any more as they are now concerned
with empowering their relatives. Where was Chimbadzo when we participated in
the third Chimurenga (often violent invasions of white-owned farms),”
queried Chimuti.

The eviction order has set the ministry and war veterans on a collision
course.

Zvimba district war veterans’ chairperson one M Changadzo on February 23,
2013 wrote to the district lands officer expressing disappointment at the
“failure to recognise, let alone support dependants of deceased comrades who
participated in the third Chimurenga.”

“We request your good office to take corrective measures to stop harassing,
persecuting and threatening families of our deceased gallant fighters,”
reads the letter, a copy which is in our possession. - Mugove Tafirenyika

‘Govt not serious about commissions’

http://www.dailynews.co.zw/

Sunday, 24 March 2013 13:28
HARARE - A Labour Court president has questioned the relevance of
commissions in the country if government is not willing to provide funding
for smooth operations.

In an arbitral award to a group of Zimbabwe Anti-Corruption Commission
(Zacc) employees, Labour Court president Rogers Matsikidze said problems
bedevilling commissions should be external rather than internal.

“There should be serious deliberation as to the way forward of the relevance
of commissions if they are underfunded. Worse, the commissions would be
demotivated as well with internal problems,” he said.

“Their (commissions) problems should be external and not funding issues. One
of the major drivers of corruption is poverty and if poverty is the driver,
how effective is it to send an already poor officer to fight corruption.
Certainly it is sarcastic,” Matsikidze concluded.

Matsikidze was delivering judgment in an acrimonious labour dispute between
26 workers and Zacc.

The anti-graft body is under siege following a stillborn but audacious bid
to search and seize documents from the offices of three government
ministers — Mines and Mining Development minister Obert Mpofu, Youth
Development, Indigenisation and Economic Empowerment minister Savior
Kasukuwere and Transport, Communications and Infrastructure Development
minister Nicholas Goche.

The issue led to the “recalling” of Zacc chief executive officer Ngonidzashe
Gumbo, who reportedly has been languishing in police custody for almost a
week while two days ago, the corruption bodwy’s general manager in-charge of
investigations Sukai Tongogara surrendered herself to the police as the
fallout threatened to break Zacc apart.

Matsikidze in his judgment awarded the workers a total of $1 530 624 and
ordered Zacc to buy five of its investigators Toyota Hilux cars before year
end.

Zacc spokesperson Goodwill Shana earlier this week told journalists at a
press briefing government has been dithering on the issue of staff
contracts.

“It is true that the Zimbabwe Anti-Corruption Commission has labour related
issues. These are mainly emanating from the absence of approved conditions
of service, absence of signed and confirmed contracts of employment and
generally low levels of remuneration.

“The commission has worked hard to come up with suitable conditions of
service and it has submitted a draft for approval to the relevant ministry
and awaits its approval any day now,” Shana said.

The 26 investigators were represented by Harare lawyer Joel Mambara of
Mambara and Partners while Zacc was represented by the Attorney General’s
Office.

Madzore calls for peaceful co-existence among youths

http://www.thezimbabwean.co.uk

24.03.13

by Tarisai Jangara

MDC-T National Youth Assembly President, Solomon Madzore has urged
Zimbabwean youths to stop viewing each other as enemies ahead of elections
expected later this year.

Addressing youths on Sunday (today) at the Harare International Airport upon
his arrival from youth meetings that were held in Denmark and Netherlands,
Madzore said Zanu (PF)'s big brother mentality was fueling political
violence.

Madzore, who is facing murder charges, embarked on his first trip out of the
country since his release from prison last year after being cleared by High
Court Judge, Chinembiri Bhunu .

“We have been looking at each other as enemies for a very long time but as
youths we should just see ourselves as Zimbabweans before anything.

The big brother mentality which Zanu (PF) has should stop immediately. There
is hope for prosperity if we work together.

“We are happy that a new constitution is on its way and as youths let’s be
disciplined as we head for elections,” Madzore said.

In past elections youths who constitute about 70 percent of the population
have been used as agents of violence and shields to protect loot accumulated
by greedy politicians.

With unemployment at over 80 percent, Madzore said it was important for
youths to work together in fighting poverty and rebuilding the economy.

“ We may fight as youths but at the end of the day our problems are the
same. Many of us are unemployed despite having relevant qualifications but
how do we built the economy when we are always fighting?” he added.

Speaking on the sidelines of the reception Madzore told The Zimbabwean that
he had met with youth groups from Denmark and Netherlands on his week-long
trip discussing on how youth formations could be organised regardless of
ideology and work together ahead of elections.

“ As youths we have an important role to play in healing and fighting
violence as the elections are just around the corner. From the discussions
we had with other youth wings, I realised that we still have a long way to
go.

“ The recent arrest of top human right lawyer, Beatrice Mtetwa and MDC-T
officials is a cause for concern. We need a peaceful environment before
going for elections,” he said.

Youths defy govt, bury Gukurahundi victim remains

http://www.dailynews.co.zw

By Jeffrey Muvundusi, Own Correspondent
Sunday, 24 March 2013 13:26
BULWAYO - A Lupane-based youths civic group has reburied the protruding
remains of suspected Gukurahundi victims who were buried at a mass grave at
Silwane Primary School in Lupane, Matabeleland North in defiance of
government directives.

Mid last year the minister of National Healing, Integration and
Reconciliation Moses Mzila Ndlovu was invited by the villagers in the area
to attend to the grave site last year.

The villagers had all along been requesting a decent burial to the remains
which are just near the school but perhaps due to the “fear” surrounding the
Gukurahundi issue, they kept enduring the pain from inside as the government
ignored their persistent plea.

But a youth-based group called Khuluma 41 Speak Out based at Lupane Central
district says they only leant of the site during one of their visits to the
area where they were holding a meeting.

Lethubuhle Mhlanga, secretary-general of the organisation, told the Daily
News that having been irked by the horrible sight they were compelled to
seek a quicker way of remedying the situation.

“We sought permission from the local chief first, then we went to the leader
in the area called Enos Ndlovu who helped us mobilise the community,” said
Mhlanga.

“It was indeed a bad sight as we discovered that some of the human remains
were actually protruding from the grave due to the fact that the grave is
not fenced, so cattle and other animals just walk past while heavy rains
also contribute to this,” he said.

But through the assistance of the community, Mhlanga said they successfully
managed to cover the remains decently.

“We actually used our hands to pick the bones and dug within the grave and
we covered them with more soil,” he said.

“As youths we were extremely moved by the spirit of ubuntu as traditionally
it is a taboo for human remains to remain exposed especially for the
children,” said Mhlanga.

Mzila Ndlovu saluted the youths for what he termed a bold and brave move
that should be emulated by other youths in the affected areas.

“I strongly support what the youths and the community have done. This is one
of the best things for the local people. In fact it is a bold and heroic
step for the youths to do so,” Ndlovu said.

“I would like to urge youths and the communities to rise up and take
responsibility of the misery and the pain that have been afflicted upon
them.

“I personally went there and the sight was not appeasing at all, so it is
quite a positive step if the community is beginning to see that no one
except themselves can give their relatives a decent burial,” Ndlovu said.

While the reburial process had already begun, civic societies and some
concerned sections in the country have already started making noise for the
same process to be accorded the Gukurahundi victims whose mass graves are
reportedly scattered in Matabeleland and Midlands Provinces.

Mugabe should have been arrested on his way to see the pope

http://www.torontosun.com/

BY SIMON KENT     ,TORONTO SUN
FIRST POSTED: SATURDAY, MARCH 23, 2013 03:44 PM EDT

TORONTO - Nothing is more expensive than a missed opportunity.

The appearance of Zimbabwe’s president Robert Mugabe at the Papal
inauguration proves that maxim.

The murderous 89-year-old African dictator, who has ruled Zimbabwe like a
personal fiefdom since 1980, was a self-invited guest of Pope Francis I in
the Vatican City on Tuesday.

Was he arrested? Was he stopped at the border? Was he sent to the
International Criminal Court at the Hague and charged with crimes against
humanity?

Not likely.

Nobody enforced the existing European Union travel ban on the devout
conservative Catholic for the simple fact that he was in Rome for a
religious event.

This is despite Rwandan-born warlord Bosco Ntaganda being taken into custody
Thursday and flown to the court to stand trial on charges of overseeing
atrocities in eastern Congo a decade ago.

One rule for one despot and one for another.

Mugabe’s visit coincided with a national referendum to approve a new
constitution that would, for first the first time, impose presidential term
limits in Zimbabwe.

The new ruling will give more powers to the parliament and limit the
president’s. It also introduces a two-term limit of five years each for a
president.

Sounds good, but the limit is not retroactive and ensures Mugabe could have
10 more years as head of state if he is re-elected later this year.

Given his famous ability to rig elections and jail opposition leaders, the
return of Mugabe is a fait accompli. So is his wretched handling of the
economy and trashing of a once stable and prosperous nation.

The country’s poverty is so evident, even to its leaders, that finance
minister Tendai Biti joked this week “if Zimbabwe was a private company it
would have closed down.”

A leader whose own taste for lavish living makes Louis XIV of France look
positively middle class by comparison has hardly helped.

Mugabe has taken his country from bread basket to basket case in a
generation and despite the countryside still being achingly beautiful it is
riddled with hunger, food shortages, disease, crime and a failed health
system.

There is a prevalence of HIV/AIDS among adults’ ages 15-19 of 20.1% with
women being hardest hit. Overall Zimbabwe has a prevalence rate of 13.7%,
the fifth highest in the world.

Yet still the world sends money to prop up it up.

In January the UN launched a global appeal for funds to help it give $131
million in humanitarian assistance to meet food, water and emergency needs
in Zimbabwe.

Last year the same appeal called for $197 million.

I interviewed Ian Smith in 1987, the former prime minister of Rhodesia who
was there for the election of Robert Mugabe in 1980 and the birth of the new
Zimbabwe.

Smith was a fighter, something Mugabe has long claimed to be but never been
able to prove – unless it involved beating up his political opponents.

In the Second World War, Smith had flown Hawker Hurricanes and Spitfires for
the RAF over Europe.

A flight accident had smashed up his face (which required extensive plastic
surgery) and left him with numerous serious injuries that took months to
heal. He returned to duty, was shot down a second time over Italy, and made
his way back through hostile territory to Allied lines.

When we talked he was old, tired and not so full of fight as fearful for the
future.

“I just hope I never live to see my prediction that Mugabe will be a
disaster for Zimbabwe come true,” he told me. “The country deserves better
than a man who will govern for himself first and everyone else second.”

Smith never tried to excuse apartheid (at least to me), which is an
indefensible proposition anyway. It is just plain wrong to deny the
fundamental right of everyone to a vote, regardless of his or her colour,
creed or religion.

Smith thought Mugabe wasn’t up to the task of governing and he has been
proven right.

It is just a shame the world chooses to look the other way rather than do
something to save what is left of the breadbasket of Africa.

Hot Seat Transcript: Interview Welshman Ncube

http://www.swradioafrica.com/

 

 

Violet Gonda talks to Welshamn Ncube in the programme Hot Seat

Broadcast: 21 March 2013
Listen here Hot Seat

SW Radio Africa’s Violet Gonda brings you a wide-ranging interview with MDC president Welshman Ncube, analyzing the referendum results and looking at what happens now that Zimbabweans have voted for a new constitution. Why does Ncube say it’s not possible to have an election earlier than the end of August? Why does he believe this new constitution is ‘a damn good one and one of the best in the world? The Electoral Commission has been accused of rigging elections before, so what evidence is there that the referendum figures have not been manipulated? Why does Ncube say this time around ZANU PF will not be able to refuse to hand over power if President Robert Mugabe loses?

VIOLET GONDA: My guest on the program is MDC President Professor Welshman Ncube. Welcome on the program Professor Ncube.

WELSHMAN NCUBE: Thank you

GONDA: Let’s start with your take on the recent arrests of Human Rights Lawyer Beatrice Mtetwa and officials from the Prime Ministers’ office.

NCUBE: We are seeing a deterioration of the respect basically for the freedoms and rights of people. Clearly you have had the onslaught on NGO’s, you now have lawyers who are trying to represent their clients being arrested. You are having a general upsurge of violence, you are seeing a return to the days of general intolerance in the country. It’s difficult to see why anyone would think that there is anything to gain by creating a climate, which is not conducive to a free and fair election a few months before elections.

GONDA: In the case of Mtetwa for example, there is a high court order that the police should release her and basically this has not happened, so with what you know as a leader in government what is happening here. Where are the instructions coming from?

NCUBE: Clearly there is either what you might call a faction or a section of ZANU PF, which is in charge of the security apparatus. It is obvious to anyone that the inclusive government as a collective has never been in charge of the security apparatus of the state, even if one of those ministries is co-ministered. It’s clear that the security apparatus are under control of persons in ZANU PF, clearly the two MDC formations have never had any control.

It’s also not a coincidence that the events have coincided with the attempts by the anti-corruption commission to exercise its authority and investigate whether or not there is corruption in some of the transactions which you have seen around indigenisation and related matters. And clearly you now have a systematic attack on the anti-corruption commission, there is clearly an attempt to instil fear amongst the staff members of that commission and also instill fear amongst the commissioners themselves. And all of those things I think are connected and one hopes that this is not the spilling out of some of the factional fights, which are happening within ZANU PF.

GONDA: The PM’s officials are being accused of impersonating police officers to gather information about corruption and criminal activities by senior government people, and some of them have been mentioned in the Herald as being local government Minister Ignatius Chombo for example, Police Commissioner Augustine Chihuri, attorney general Johannes Tomana and others. What do you make of these names and also is it a crime that you would have some sections, who would be gathering such documents?

NCUBE: What we can comment about those cases is limited by the laws of the country regulating the matters which are being sub-judice, which are pending in court. Whatever I say, it must be understood that I can only say so much not that much because of those rules. What I can say is that of course it’s not an offence in itself to gather information as long as the gathering of that information is not done by unlawful means. We simply don’t have enough details to comment meaningfully.

GONDA: What about some of the names and these names appeared in the state controlled newspaper saying that these MDC officials were investigating these senior government people? Let’s say that these MDC officials were indeed investigating people like the attorney general or the state prosecutor. Is it not worrying that it’s the same people who are then presiding over this case, isn’t there a conflict of interest there?

NCUBE:  Of course there would be a conflict of interest, but at this stage the investigation of course would be done by police, unless the police officer doing the investigation has a conflict of interest. Of course, if the attorney general’s name features he would have a conflict of interest to the extent that he would then be required to make a decision as to whether or not to prosecute.

GONDA: Home affairs Minister Theresa Makone believes that the violence in this coming election is going to be worse than what happened in 2008, do you agree?

NCUBE: I do not want to speculate about whether it would be worse or what, all I can say is that we have moved into a phase which is exceedingly worrying. The behaviour of the police is certainly worrying, the behaviour of ZANU PF in the last few weeks is exceedingly worrying. Clearly the atmosphere, which is being conjured up, which is being created is not an atmosphere which will instil any confidence in anyone that we are about to create an environment for free and fair elections. It is clear that if the current situation continues, that if the current situation is worsened you will not have a free and fair election.

GONDA: So what are you doing as the MDC formations to ensure that we don’t have a repeat of 2008?

NCUBE: What needs to be done cannot be done by the MDC formations, or by political parties. It is the responsibility of government, it is the responsibility of the inclusive government, the collective that is called the cabinet. I know that the last two cabinet meetings has been devoted almost entirely to debating this deteriorating situation and I have no doubt that in the next meeting and the meeting after that, as long as the situation is not being improved, we will continue to raise these matters within cabinet and we will continue to insist that those who have control over the security apparatus of the state allows the security people to police fairly, impartially and without fear and favour, which is not happening at the present moment.

Of course as a party because the inclusive government is guaranteed or the GPA is guaranteed by SADC, we engaged the executive secretary of SADC on this, we engaged the head of the SADC mission to the referendum about some of these worrying issues. Clearly, therefore, we will be insisting that SADC as the guarantor of the GPA, as the institution which guarantees that we will have a transition which will result in a free and fair election should be seen to be getting ceased of the matter and take  the necessary action.

GONDA: But Professor Ncube if you are accusing ZANU PF and the police isn’t it obvious that it will have to be up to the MDC formations in government to do something?

NCUBE: The MDC formations as MDC parties have no power to compel the police to do anything, it is the government as a collective, it is the institution of government, which has the power to compel. We have been acting within the institution of government as a collective. That is the distinction I am seeking to draw.

GONDA: I’ll come back to this issue but let me go to the issue of the referendum. First of all what did you make of the referendum results?

NCUBE: It is very good that the turnout for the referendum was what it was, over 3 million voters. We have not had any election where people have been required to vote since a very, very long time. It was important that so many people turned up. Basically, this is a resounding endorsement of the constitution. Remember that in 2000 the constitution was rejected by less than a million voters, now it’s been endorsed by 3 times the number of those who rejected the draft in 2000. I think that is significant, it means that the people of Zimbabwe have engaged, the people of Zimbabwe believe that this constitution, imperfect as it might be in some cases, contains the fundamental core values they want to see in a constitution.

In my view, we can now say for the first time we are about to enter a new period, a new era in the history of this country where we can have a constitution where we can truly say this constitution has been made by the people. The people have endorsed it in overwhelming numbers.

GONDA: Some cynics say that ZEC has a history of rigging and therefore what is there to show that the figures have not been inflated?            

NCUBE: We were all observing this election, we were all at the polling stations, we have all the figures in the polling stations, the final outcome from the people who represented us at the polling stations. If you add them, indeed even if you average them, it’s clear that is enough. And in any event, people cannot just make wild allegations, it is not right, there is simply no evidence whatsoever that the figures were manipulated by anyone.

GONDA:  I guess, some of the people were saying this because it had been widely reported before the results were announced, that there was a very low voter turnout and that the queues were much shorter than before. They felt that the results did not reflect what was happening on the ground.

NCUBE: Violet, the problem we have is that there were people who were dismissing the referendum in the media, people in civil society dismissing the referendum because they themselves have substituted themselves for the people. The moment you have a media which thinks that it speaks for the people, that the opinions that it holds are the opinions of the people you have a problem. The media, civil society must reflect, must report that which is in society not seek to impose their opinions on society. As we moved around … (interrupted)

GONDA: But Professor Ncube, sorry for interrupting. I think it’s unfair to say that it was the media that has been exaggerating this issue because some of the news clips, the videos showed short queues and of course in some areas there were long queues.

NCUBE: Yes, If you get to a polling station for 10 minutes, you take a picture, you make a conclusion, it is you that is making that conclusion. That one picture cannot speak for what has happened from 7am to 7pm. That is the point. In any event, let us not forget that this was not like any of the other elections, in the previous elections queues will develop because the time it took to serve one person would be that much longer because it would be a multiple ballot using a voters roll. And here all you did was go in, produce your ID, get your name written down, and get given one ballot, you vote and you get out which meant that people could move continuously without taking a significant amount of time.

GONDA: Figures in Harare were very high, I think Harare had something like 515 thousand people who voted, while Bulawayo (the second largest city in Zimbabwe) had the lowest (131 000) and also the Matabeleland provinces considered to be your strongholds also had low voter turnout, what could have attributed to these low figures in Bulawayo and Matabeleland?

NCUBE: That in itself Violet is also a fiction, first we have no stronghold anywhere in Matabeleland, we are working throughout the country, we are working to win votes in every corner of Zimbabwe.

Yes if you look at the number of registered voters in Harare, there are over 600,000 and some 500,000 people turned out to vote. So that’s a large number but let us always remember that Harare is three times, four times bigger than Bulawayo in terms of its population, in terms of registered voters. Look at the census for instance, if you go by the census, there are over two million people who reside in Harare. Of course some of those two million are below 18 years. There are 600,000 people who reside in Bulawayo. So you will expect that if you take 600,000 and over two million, you will say the people who are in Bulawayo are less than a third of the people who are in Harare. So those figures reflect the population. Even if you go to the registered voters, if you look at the registered voters in Harare there are over 600,000, you look at the registered voters in Bulawayo, there are just over 200,000. So, it must therefore be taken whatever the turnout, you do not compare and say 500,000 in Harare, 120,000 or 130,000 in Bulawayo, therefore in comparative terms is lower. It must be in comparative terms to the population. If you look at the percentage, if you calculate by percentage. The percentage turnout in Harare, if you use for instance the census, you will see that the Harare turnout was about 25%, the Bulawayo turnout is about 20%. So those are not much differences and people should be scientific rather than make conclusions on the basis of superficial appreciation.

GONDA: You said the Matabeleland provinces are not your strongholds but the reason I was saying that is based on the number of seats you got in the last elections. So wouldn’t you … (interrupted)

NCUBE: That is correct and that is 2008, Violet, that is 2008, that election is over.

GONDA: So that’s why I said that these areas are considered to be your stronghold, and if that’s the case what can you say about the voting patterns in these provinces and are they a reflection of how Zimbabweans will vote?

NCUBE: This was a referendum, where everyone who had an ID was voting. The next election will be a general election where you vote in terms of registered voters. Clearly, the numbers in the Matabeleland will always be lower, because the population whether you go by the numbers of voters or by the census, is relatively lower than the population you will find in Mashonaland.

We attach no significance to that, because at the end of the day anyone who wants to win an election, must win an election on the basis of a national vote, and for us whatever turnout we have, we must be able to win sufficient numbers of votes throughout the country for us to be able to win the election.

GONDA: The National Constitutional Assembly Chairman Dr. Lovemore Madhuku says that the referendum results is illegitimate because 95% of the yes votes had not seen, or read the draft constitution. What can you say about this?

NCUBE: Look Violet, a democratic process has votes. By nature, even an election, you are never going to go and ask each voter as to why they voted for this party, and that’s not how democracy works. You work on the assumption that the voter has made a choice, whether it is a subjective choice, whether it is an irrational choice doesn’t matter. You can go to a general election and you are convinced that people should not vote for party A, but if the majority go and vote for party A, however irrational it may appear to you it does not render the outcome illegitimate.

Similarly, a person does not have to know the entire constitution for them to make up their mind as to whether they are voting yes or no. In any event it is impossible, even if you took the best lawyers, they would not know even half the constitution from the top of their heads even if they read it.

Someone will go and vote and say whatever else is in this constitution, I am going to vote because this constitution now for the first time says a President can serve two terms. Someone will say it doesn’t matter whatever else is in this constitution I will vote because this constitution has devolution. Someone will say I am a woman for the first time in political representation we have a constitution which will ensure that the senate of Zimbabwe will have 50% women and so forth and so on.

Similarly, those who voted no were entitled to say it doesn’t matter what the improvements are because there’s still that thing I hate it so much I will reject this constitution. That is how it works.

GONDA: How democratic is this process though if as the NCA says that many people voted yes because they were following orders from political leaders to do so?

NCUBE: I don’t think there is a single political party which issued an order. What I know is that the political parties appealed to their members and said for reason A, B, C, D, we think that you should go and vote yes.

GONDA: You have all said that this new constitution is better than the Lancaster House constitution, but your critics say our problem has never been about the constitution, but about people who abuse their power. What will this constitution do that the previous one didn’t do?

NCUBE: I disagree with that proposition. The problem has been at the very least been two fold. You have had a problem with a constitution, which was so permissive in so many respects. In the things we have mentioned, an unlimited term of office, a bill of rights, which was wishy-washy, unequal gender representation, no devolution of power to communities. There were a lot of things, which were wrong with that constitution which we have now sort to correct.

In addition to that, it is obvious that historically in this country the political leadership acted inside and outside of the law. You actually had numerable continuities between Rhodesia and Zimbabwe. And you were just talking about it – when you disobey a court order saying release Beatrice Mtetwa you are acting outside the law. When you arrest people without cause, you are acting outside the law. When you authorise police to act violently or not to arrest criminals or in fact arrest complainants, you are acting extra-legal. So all of those things are part of the problem. That the law can say one thing, if those who are able to command the coercive apparatus of the state, the army, the police are not law abiding themselves. You will have had a problem regardless of what the constitution says, secondly.

Thirdly, you also imply that people must support the constitution because it is better than Lancaster House.  In my respectful view, the constitution is actually a damn good constitution. People become apologetic about this constitution because it is a constitution made or negotiated in some respects because it is a constitution in which ZANU PF participated where many people would rather not see ZANU PF there.

But if you objectively read this constitution from beginning to end, and I taught comparative constitutions in my other life and I can say without hesitation that this constitution is as good as any that you can get anywhere in the world. It is actually a very good constitution by any standards.

The Bill of Rights we have is not any worse in fact better than the South African Bill of Rights. The representation is better than anywhere else you will get in Africa. The provisions of devolution, yes they do not go as far people would have wanted but there are far better than you will find anywhere else in the world. And so forth and so on I could go on. The citizenship, Zimbabweans who were abroad, Zimbabweans by birth who were being denied their birth-right, that birth right has been restored to them.

GONDA: But if we go back to your previous point, how will this constitution stop people acting inside and outside the law as you said?

NCUBE: There is no constitution, there is no law which has ever stopped anyone from acting outside the law. The constitution is never self-executing, it’s a document there. It’s a document sitting in a drawer in an office. It does not stop anyone. The constitution will give you an injunction, you shall not do this. Its individuals who act contrary to the constitution. What is necessary is that we as a people, all parties start punishing those in elections and elsewhere, those who actually opt out of legalities. We are the ones who create constitutionalism, it is not politicians who create constitutionalism.

GONDA: So Professor, isn’t that the issue that you and your colleagues in government should be working on right now, because some people may say it’s a waste of time working on a constitution when we know that at the end of the day, that is not the problem in Zimbabwe, but the problem is people who abuse the law especially as we go to elections?

NCUBE: Not true Violet, it’s not either or, it’s never either or. The constitution is absolutely important because it sets the standard. If we have not set a proper standard, then you can’t hold anyone to account to that standard because it doesn’t exist. You can only serve for two five-year terms and not more and so forth and so on whatever the rule is. So you must set the standard.

It is wrong for anyone to say it is unimportant to set the standard. Because you then have no yardstick against which to judge those who are doing wrong things. So let’s do things one after the other in sequence.

GONDA: But how are you going to hold those people accountable if they are still able to control the system.

NCUBE: Violet, at the end of the day, it is up to the people as a collective, it is up to the electorate to set the standard. There is no other way of setting a standard against politicians other than to ensure that those who transgress, those who violate that standard, come election time, you as a people you vote them out of power. If you don’t do that then they will continue to believe they can opt out of the law, they can act extra-legal and there are no consequences. That is the only way, there is no other, it is the people and their collective voice that ensure that the constitution or the standard that they have set by voting for this constitution in a referendum is respected by the political leadership.

GONDA: But if one of you wins for example in the next election what stops President Mugabe from refusing to hand over power like he did before?

NCUBE: If anyone ever thought that a constitution or a rule stops anyone, it never does. It is the societal, the political consequences of doing that, that stops a person from doing something, it is not a constitution.

GONDA: I’m not talking about the constitution right now and I’m asking what would happen if we have elections in the next few months and we have a repeat of what happened in the last election?

NCUBE: If you want my view, my opinion for what it is worth Violet. The circumstances have changed so fundamentally, nationally, internationally, regionally that it would not be tenable, it would not be sustainable for anyone to lose an election and say I have lost but I stay in power. We are in the field of conjecture now, but my own view is that the constellation of forces, the consequences that will accrue nationally and internationally are such that if anyone attempted doing that – theirs would be a very short lived coup.

GONDA: But what consequences are there, because as you mentioned earlier on in this interview, you said the situation is very worrying and you mentioned that ZANU PF and the police are continuing to abuse their authority by intimidating and harassing members of the civil society and opponents. So far they seem to be getting away with it, so what makes you think the situation will change come elections?

NCUBE: Violet, government can only survive because it has internal and external recognition. And I am putting it as bluntly as I can, anyone who rejects the will of the people, if that will has been expressed and formally recognized, will not have sufficient internal and external recognition. You will not have that legitimacy to run that government. I cannot take it further than that.

GONDA: We will wait to see that because its reported that the Americans and those in Europe are now adopting a non-partisan approach and that there view is that the situation has really changed, as you said, and that they now view the MDC formations as incredibly weak resulting in these countries now willing to reengage with ZANU PF and improve relations with President Mugabe’s party.

NCUBE: Violet, I am one of those who has always refused to be the spokesperson of any of the countries. All I know is what I have said, that in regard to the situation in Zimbabwe, the internal and external legitimacy that is required will not allow a person that has lost an election to declare that they are not going to relinquish power when the figures show that they have lost an election. I will not speak for those countries, I can only comment to the extent that you insinuate, in fact expressly say, that the MDC formations are weak. I do not believe that that is a true assessment, as far as I know, the MDC formations are strong, they have done a lot of work on the ground. We certainly have done that and we are a lot stronger than we were in 2008. We are a lot more strategic, we are a lot more informed and we are much much better, much stronger.

GONDA: Do you agree that the MDCs stand a stronger chance of winning the next elections if the 2 formations reunite?

NCUBE: I refuse completely Violet to discuss red herrings. The main thrust of the party that I lead is to organize, mobilise and ensure that we win the next elections, and I refuse to discuss red herrings.

GONDA: Can you briefly tell us what happens next after the referendum because there are conflicting reports about what the next steps are? The Minister of Justice Patrick Chinamasa say that Parliament’s term of office ends in March but Constitutional and Parliamentary Affairs Minister Eric Matinenga says its June 29.

NCUBE: You know the tragedy of this country, Violet, is that even now we can be arguing nonsensical positions about something, which is in black and white in the constitution of Zimbabwe, because ZANU PF has mastered the art of deceiving people in the media. Indeed that you have the media writing the nonsense that I have seen. Robert Mugabe was sworn in as President on the 29th of June in 2008. That’s when he was sworn in. The constitution says that the life of Parliament starts to run from that date when the President was sworn in. Therefore this Parliament is for 5 years, which starts from June 29, 2008 to June 29, 2013.

The constitution goes further to say if Parliament is not dissolved sooner than 29 June, it shall automatically stand dissolved on 29 June 2013. It goes further in black and white to say an election must then be held no later than 90 days from the date of dissolution of Parliament. In other words, an election must then be held no later than 90 days from June 29, 2013. If you calculate the 90 days from June 29, it takes you up to September 27, it is therefore clear that an election must be held no later than 27 September.

GONDA: Briefly during that 90 days who will be in charge?

NCUBE: The constitution says those people who are the President and who are Ministers shall remain in office until the day the new President elected, whenever that election is, is sworn in. In other words, the cabinet will remain as is until that date.

GONDA: You mentioned a bit about some issues that are good in the constitution, this is a question we get regularly – that is on the issue of land. Since you are a constitutional lawyer, there is a section that enshrines the right of all to have title to agricultural land. But then there appears to be a clause that takes it all away by perpetually enshrining the right to discriminate in the acquisition of land along racial lines. Is this the situation?

NCUBE: The right on land is guaranteed in the constitution, however it is subject to the usual exception, which is to say the state in the public interest can expropriate your land in the public interests for resettlement etc. It also says in respect of colonial land, that’s not the word used but I am simplifying, in the context of colonial land when such land is acquired for purposes of resettlement there will still be no obligation to pay compensation, and this is what is clearly discriminatory and this is one of the imperfections that exists in the constitution.

GONDA: Briefly because we are running out of time, what is the process now after the referendum?

NCUBE: The Constitution must now be gazetted, wait for 30 days, once the 30 day period has expired, Parliament must then debate it and pass it. It goes to the President to assent. Once that is done a large chunk of the Constitution will come into effect immediately as it is gazetted. Other parts will come in whenever a new President is sworn in.

What is relevant to elections, is that a minimum of 30 days after the new Constitution comes in. ZEC is obliged to do a voter registration outreach so that those who want to register can register. After that the President can then begin the process of proclaiming an election. The Electoral Act requires that the period from the proclamation to the nomination courts is 14 days. It further provides that the period from proclamation to election is 58 days, which is why if you factor in the 30 days for publishing the constitution, the 30 days for voter registration, the 58 days to an election, you are looking at a minimum period of four months. And I have not factored the things that still need to be done, the negotiating the amendments to the Electoral Act to be consistent with the new constitution. You are looking at a minimum period of four months before you can actually have an election date.

Which is why some of us keep saying, it is not possible if you are going to do it properly to do an election earlier than the last part of August or for that matter earlier than September.

GONDA: There were also reports from the MDC-T saying that the Constitution can be changed afterwards. Is this correct?

NCUBE: Of course, every constitution is subject to amendment. There are those clauses which you can’t  change, unless you go back to a referendum. There are 2 or 3 of those core ones which are the foundation of  the Constitution, they cannot be changed unless you call another referendum. The other clauses can be changed by a two-thirds majority in Parliament. In fact when you hear President Mugabe rhetorically saying we are going to restore certain powers of Chiefs after the election, you really need to be naïve to believe that there is any political party, which can get a two-thirds majority. Many people will tell you that it is even difficult for any party to go beyond a simple majority of 110 in the House of Assembly. So for someone to think that there is a political party now with proportional representation that can muster a two-thirds majority to alone change the Constitution without the consent of other parties I think it’s too much of wishful thinking.

GONDA. Thank you very much Professor Ncube for talking to us on the Programme Hot Seat.

Listen here Hot Seat

Police State – Zimbabwe Vigil Diary: 23rd March 2013

1. Setting up in the snow
2. Outside Tanzania House

3. Outside South Africa House
4. Posting letter under Zim Embassy door

Spring snow didn’t stop us as we trailed around central London visiting various embassies to protest against the harassment of those opposing Zimbabwe’s police state. The protest was part of the 15^th round of the Free Zimbabwe Global Campaign which has seen monthly protests by the Zimbabwean diaspora around the world since the beginning of last year.

Shivering in the coldest March for 50 years was no worse than the suffering of civil rights lawyer Beatrice Mtetwa being deprived of blankets while being illegally held in a Harare police cell. Blizzards in various parts of the country made travel difficult, preventing many supporters joining us, but those who made it displayed posters such as ‘Free Beatrice Mtetwa’, ‘Stop harassment of Zimbabwean human rights groups’, ‘End police lawlessness’ and ‘Restore rule of law in Zimbabwe’.

Our first foray from the Vigil was to the Tanzanian High Commission where we delivered the following letter to pass on to President Kikwete.

‘We Zimbabweans in exile, are writing to you in your capacity as Chairperson of the SADC Security Troika to express our alarm at the illegal behaviour of the police in Zimbabwe.

Within hours of an overwhelming vote for a new constitution which we were told would enhance human rights, police arrested Prime Minister Tsvangirai’s senior legal advisor and three of his staff after searching his home. The MDC officials were reported to be preparing a dossier on allegations of corruption involving three Zanu PF ministers.

The prominent human rights lawyer Beatrice Mtetwa was then arrested when she arrived and asked to see the police search warrant. She was kept in a police cell in defiance of a ruling by a High Court judge that she should be released.

The incident comes after a steady increase in high-handed behaviour by the police including the harassment of officials of the Anti-Corruption Commission investigating the Zanu PF ministers.

Human Rights Watch has called on the Zimbabwean government to stop the police abuse of power and hold those responsible to account. It said in a statement ‘Zimbabwe’s authorities cannot expect to create a rights- respecting environment ahead of elections in the context of oppression, harassment and intimidation of civil society activists’.

We support this statement and urge you to insist that the police in Zimbabwe act within the law and respect the spirit of the Global Political Agreement.’

Since we wrote the letter further details of the Zanu PF corruption have emerged which have been detailed in the South African Mail and Guardian newspaper (see: https://www.zimbabwesituation.com/old/mar23_2013.html#Z4 – Corruption at centre of Zim arrests).

Then it was back to join our frozen friends at the Vigil to push a copy of the letter under the door of the Zimbabwe Embassy ahead of the visit to London this week by Zimbabwean ministers to beg for money (see: GPA negotiators take begging bowl to UK – https://www.zimbabwesituation.com/old/mar23a_2013.html#Z7).

The Vigil questions Britain’s policy. Most remaining EU sanctions are apparently to be lifted following the ludicrous referendum on a new constitution and now Britain seems to be eager to give Mugabe anything else he wants. Perhaps some carpets for his mansion in Kwa-Zulu, Natal? (see: Mugabe’s multi-million rand sanctuary almost complete – http://www.swradioafrica.com/2013/03/20/mugabes-multi-million-rand-sanctuary-almost-complete/).  

For eleven years now the Vigil has been trying to make the point to the British government that there is no future in dealing with Mugabe on his own terms. Lift sanctions and it will make no difference. There will be another demand. Instead of pouring money into propping up Zanu PF with aid, the UK’s money should be better directed than providing cars, houses etc for Zimbabwean government ministers (see: Unity govt splashes out on ministers – https://www.zimbabwesituation.com/old/mar23a_2013.html#Z5).

We wonder why our taxes should pay for Mugabe and Grace to go to lecture Rome when Finance Minister Biti says more money is spent on ministerial travel around the world than on the entire education budget. We, as British taxpayers, are paying for Zimbabwe’s education and health services to allow Mugabe to posture around the world and affront the Pope. We suggest that the £100 million or more of official British aid to Zimbabwe every year should be redirected to support the millions of people who have been forced to flee the country and are desperately trying to get money to help their families at home. President Zuma will surely support this as he faces a new influx of desperate Zimbabweans fleeing a gangster state.            

Other points

·         Thanks to our valiant supporters who braved the foul weather to join us today. A special thanks to Jonathan Kariwoh and Lindiwe Bare who stayed behind to look after the Vigil while we toured the embassies.

For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website – they cannot be downloaded from the slideshow on the front page of the Zimvigil website.

FOR THE RECORD: 46 signed the register.

EVENTS AND NOTICES:

·         ROHR Coventry Branch meeting. Saturday 30^th March from 12.30 – 3.30 pm. Venue: Bethel Dunamis Christian Centre, 90 Paynes Lane, Hillfields, Coventry CV1 5LJ. Contact:  Tafadzwa Mushakwe 07551873256, Hilda Gwesele 07939127819.

·         Zimbabwe Action Forum (ZAF). Saturday 6^th April from 6.30 – 9.30 pm. Venue: Strand Continental Hotel (first floor lounge), 143 Strand, London WC2R 1JA. The Strand is the same road as the Vigil. From the Vigil it’s about a 10 minute walk, in the direction away from Trafalgar Square. The Strand Continental is situated on the south side of the Strand between Somerset House and the turn off onto Waterloo Bridge. The entrance is marked by a big sign high above and a sign for its famous Indian restaurant at street level. It's next to a newsagent. Nearest underground: Temple (District and Circle lines) and Holborn. Next ZAF: Saturday 20^nd April same time and venue.

·         Launch of ROHR Leeds Branch. Saturday 6^th April. More details to follow.

·         Round 16 of the Free Zimbabwe Global Campaign (FZGC). Saturday 20^th April when we will also mark Zimbabwe’s Independence Day.

·         Zimbabwe Vigil Highlights 2012 can be viewed on this link: http://www.zimvigil.co.uk/the-vigil-diary/467-vigil-highlights-2012.  Links to previous years’ highlights are listed on 2012 Highlights page.

·         The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents the views and opinions of ROHR.

·         Vigil Facebook page: http://www.facebook.com/group.php?gid=8157345519&ref=ts.

·         Vigil Myspace page: http://www.myspace.com/zimbabwevigil...

·         Useful websites: www.zanupfcrime.com which reports on Zanu PF abuses and www.ipaidabribe.org.zw where people can report corruption in Zimbabwe.

Vigil co-ordinators

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk.

Dark days are back

http://www.dailynews.co.zw

By Fungai Kwaramba, Staff Writer
Sunday, 24 March 2013 15:09
HARARE - The menacing build-up to a watershed election likely to be held in
July seems like a replay of the violent, rigged elections that have plagued
Zimbabwe over the past decade.

Last week Tsvangirai helplessly watched his staffers being remanded in
prison — in what analysts say is a repeat of the days precluding the
coalition government when houses were burnt and police in complete disregard
of the law arrested civic organisations leaders such as Jestina Mukoko.

Four years on, human rights lawyer Beatrice Mtetwa is experiencing the same
fate endured by the likes of Mukoko as the State denies her bail.

Tsvangirai, a former trade unionist who has been jailed before, is keenly
aware of the fact that Zanu PF wants to employ the same “dirty” tactics it
used in 2008 to remain in power in a potent poll that many believe will be a
fierce contest between the two bitter rivals.

“The targeting of my office is reprehensible and is meant to harass and
intimidate the nation ahead of the election, now that we are done with the
referendum,” said Tsvangirai.

Perhaps the honeymoon for Mugabe and Tsvangirai who have over the past four
years considerably warmed up to each other is over — as the tension get taut
ahead of the crunch polls where both leaders expect to win.

A referendum which was the toast of the two leaders’ pact government passed
on with little incident — but a few days after the draft — the government is
disintegrating.

Last week alone six people linked directly or indirectly to Tsvangirai were
arrested — the month of February was even worse after a schoolboy was
charred to ashes in an inferno in Manicaland.

The police widely regarded as Mugabe’s buttress have been knee-deep in the
unravelling drama.

Although it is given that factionalism in Zanu PF could destroy the
liberation movement — the police force and the army are united respectively
under Augustine Chihuri and Constantine Chiwenga — two men who have vowed
never to allow Mugabe to lose power.

“It is through your visionary leadership sir that we held a peaceful
referendum. As we prepare for harmonised elections, we warn on hooligans who
will try to cause mayhem and violence that the Zimbabwe Republic Police will
deal with them harshly,” police recruits chanted in praise of Chihuri as
they graduated last week.

With Tsvangirai apparently powerless — against a security sector that is
still to be tempered by the Global Political Agreement (GPA) agreed
reforms — other leaders like Welshman Ncube doubt the civilian authority of
the government of national unity (GNU).

“This lawlessness is painting a picture of a country that is fast descending
into chaos. This worsening political situation only goes to prove that
Tsvangirai and Mugabe are either not as in charge as they wish us to believe
or are happy with it.

“We therefore call upon Sadc to intervene and ensure that the perpetrators
are bought to book since Mugabe and Tsvangirai will not do it themselves,”
Ncube’s MDC said through its spokesperson Nhlanhla Dube.

Since the emergence of the MDC as a formidable opposition party in 2000
elections have been blighted by violence — and events of the past few months
seem to be the epilogue to that same ailment according to analysts.