Zimbabwe High Court frees rights lawyer after 8 days in detention

http://www.washingtonpost.com

 

Associated Press - Human rights lawyer Beatrice Mtetwa, left, leaves the high court in Harare Monday Monday March 25, 2013. Zimbabwe’s High Court on Monday freed Mtetwa, from eight days of detention on allegations of obstructing the course of justice

By Associated Press, Updated: Tuesday, March 26, 3:37 AM

HARARE, Zimbabwe — Zimbabwe’s top rights lawyer, Beatrice Mtetwa, released by a court after eight days in jail for allegedly obstructing justice, said Monday her arrest was a ploy to intimidate human rights activists and pro-democracy groups ahead of upcoming elections expected in July.

A visibly tired Beatrice Mtetwa walked from the High Court in Harare in the company of two colleagues and her lawyer after her release papers took several hours to complete.

She told reporters she believed she had been targeted by police.

“It is a personal attack on all human rights lawyers but I was just made the first example. There will be many more arrests to follow as we near elections,” Mtetwa said. “The police were all out to get me. They wanted me to feel their might and power because I call myself a human rights lawyer and I felt it.”

Mtetwa was arrested on March 17 along with four officials from Prime Minister Morgan Tsvangirai’s party. The officials are accused of illegally compiling information on high level corruption and are schedule to appeal for bail on Tuesday. Mtetwa was accused of shouting at police officers who were conducting a search at Tsvangirai’s staff offices when she demanded to see a search warrant.

Mtetwa and the four officials deny any wrongdoing.  She said she merely told the police that “what they were doing is illegal, unlawful and undemocratic.”

High Court Judge Joseph Musakwa ruled early Monday that Mtetwa was following professional legal procedures when she demanded to see a search warrant from police at the offices of the four officials.

“She was entitled to be appraised of the legality of the search,” Musakwa said.

After her release, Mtetwa said she was not well-treated while in police custody. She wasn’t allowed to take a bath and was denied access to her lawyers and family.

But she said she will not give up the fight for human rights.

“I will not be cowed,” Mtetwa said. “There has to be mutual respect between police and lawyers because we will all be doing our job.”

Critics have cited Mtetwa’s prolonged jailing as the start of a fresh wave of political intimidation against opponents of President Robert Mugabe by loyalist police and judicial officials ahead of elections.

The European Union said in a statement Monday that European governments were “deeply concerned” by Mtetwa’s arrest and the onslaught against civic groups as Zimbabwe prepares for elections to end the shaky and dispute-ridden coalition government.

The European bloc conceded that a referendum vote on March 16 on a new constitution was “credible” and reflected the free will of about 3 million voters who cast their ballots and overwhelmingly accepted the reformed constitution, EU spokesman Carl Skau said Monday.

As a result the EU suspended with immediate effect travel and banking bans on 81 leaders of Mugabe’s party. But Mugabe, his wife, military, police and security chiefs and several others key loyalists remain on the ban list.

The restrictions were imposed in 2002 to protest the human rights record, violence, corruption and allegations of vote-rigging by Mugabe’s party in past elections.

Regional mediators forged the coalition government between Mugabe and Tsvangirai after the disputed and violent elections in 2008.

So far this year, four rights and advocacy groups have been raided by police searching for alleged subversive materials relating to their activities campaigning for free elections and an end to political intimidation and human rights abuses that have dominated past elections.

Mtetwa had been scheduled to act as lead defense attorney in the trial, resuming Monday, of 29 supporters of Tsvangirai’s party charged in the murder of a police inspector in an impoverished township suburb in western Harare.

Most of those suspects were denied bail for more than a year. Defending them, Mtetwa noted that six police officers charged in the assault and murder of a theft suspect received bail within a month of their detention. The officers are still to go to trial in that case nine months ago.

Swaziland-born Mtetwa moved to Zimbabwe in 1983. She has represented key leaders in Tsvangirai’s party including its treasurer Roy Bennett, now in self-imposed exile after repeated threats. She has also defended journalists and prominent rights workers, some of whom were tortured, according to evidence in court, and held incommunicado without charge for several weeks late in 2008.

Last week police ignored an earlier High Court order to free Mtetwa and on Wednesday the lower Harare magistrate’s court ordered her held in custody to reappear in that court on April 3.

Charges of obstructing justice carry a maximum of two years imprisonment.

The judge said Mtetwa should not have been denied bail because of her “professional standing.” He said the police officers conducting the search could have “easily subdued her because she is a woman” if they felt she was hindering them from doing their job.

“She is a lawyer of many years, with a forceful, combative and at times aggressive personality but she remains professional and dignified” when doing her job, the judge said.

Mtetwa is a recipient of an array of awards from international jurists’ groups including the American Bar Association over a distinguished career of three decades.

Mtetwa is known for her feisty and outspoken style and for quickly responding to calls for representation around the clock by activists and journalists held by police.

Media freedom groups said her detention, the first time she has been jailed, left independent reporters and rights campaigners fearful of being left without her voice.

The state’s Sunday Mail newspaper criticized Mtetwa for thinking she was “untouchable” and said her “stage-managed antics in and outside the courts” earned her “dubious awards” from African and international lawyers groups.

Mugabe, Grace, Mutasa and service chiefs remain on EU sanctions list

http://www.swradioafrica.com

By Violet Gonda
25 March 2013

Didymus Mutasa, the Minister for Presidential Affairs is the only cabinet
minister left on the EU sanctions list, together with President Robert
Mugabe, his wife Grace, war vet leader Jabulani Sibanda and service chiefs.

EU Ambassador to Zimbabwe Aldo Dell’Ariccia said the European Union had
suspended travel bans and asset freezes on 81 out of 91 individuals on
Monday and most Zimbabwean companies had been delisted in a “major move that
demonstrates the recognition of a successful and peaceful constitutional
referendum that took place in Zimbabwe recently.”

“Eight of the ten companies have also been de-listed, which is a major move
that demonstrates the recognition of the importance of peaceful electoral
events in Zimbabwe and also support the efforts of the region – SADC and
South Africa as facilitator,” the EU ambassador told SW Radio Africa.

Senior ZANU PF ministers such as Defence Minister Emmerson Mnangwgwa,
Saviour Kasukuwere and Vice President Joice Mujuru have had their
restrictions suspended, but Dell’Ariccia said the people who remain on the
list are considered key decision makers in the country and “will remain
subjected to the restrictive measures until peaceful, transparent elections
have been achieved.”

The individuals who remain on the EU sanctions list are:

President Robert Mugabe

First Lady Grace Mugabe

Minister of State for Presidential Affairs & ZANU PF Secretary for
Administration Didymus Mutasa

Leader of the National War Veterans Association Jabulani Sibanda

Director of the Central Intelligence Organisation (CIO) Happyton Bonyongwe

Police Commissioner General Augustine Chihuri

Commander of the Zimbabwe Defence forces General Constantine Chiwenga

Air Marshall Perence Shiri

The Commander of the Army Lt General Phillip Valerio Sibanda

Army Brigadier General Douglas Nyikayaramba

Prisons Commissioner Retired Major General Paradzai Zimondi has been removed
from the list.

Dell’Ariccia said the measures have not been de-listed, just suspended as a
gesture of good will and the EU can review the measures anytime depending on
the situation on the ground.

The state-run Zimbabwe Mining Development Corporation and Zimbabwe Defence
Industries are the two companies that remain on the sanctions list.
The EU has been gradually easing sanctions on Zimbabwe as tactic to
encourage reform ahead of elections.

Dewa Mavhinga, Senior Researcher, Africa Division, Human Rights Watch said:
“This development is a diversion from the critical work of preparing for
credible, free and fair elections which is likely to send the wrong message
that all is well now in Zimbabwe, when in fact the human rights situation on
the ground is far from improved.

“In fact the human rights situation has deteriorated in the past 6 months.
Police, who are aligned to ZANU-PF, have carried out attacks on civil
society organizations working in the country including through harassment,
arrests and raids on their offices.”

The Human Rights Watch officer said the most recent arrest is that of a
prominent human rights lawyer Beatrice Mtetwa who was arrested for doing her
work as a lawyer.

“The new constitution may seem strong on paper but it has not translated to
improvements on the ground and the major problem in Zimbabwe is lack of
constitutionalism. This move by the EU should have been benchmarked on
credible elections, not on referendum, it merely rewards ZANU PF and its
allies for their repression,” Mavhinga said.

In her declaration on behalf of the European Union, the High Representative
of the European Foreign and Security Policy and Vice-President of the
European Commission, Baroness Catherine Ashton, has stated that the “EU is
concerned over the recent reports of intimidation and harassment against
some political activists and civil society representatives” and that “the EU
urges all leaders to ensure that their commitment to peace and transparency
are respected by all groups and services of the security authorities at both
the national and local levels”.

Ambassador Dell’Ariccia was speaking in London where an international group
calling itself ‘Friends of Zimbabwe’ is meeting to discuss cooperation with
Zimbabwe, as the country prepares for make or break elections this year.

Representatives of major development partners and several foreign ministers
from all over the world, plus members of the diplomatic community from
Harare are set to hold re-engagement talks on Tuesday with the Zimbabwe
government’s lead negotiators, ZANU PF’s Patrick Chinamasa, MDC’s Priscilla
Misihairabwi-Mushonga and MDC-T’s Elton Mangoma.

Chinamasa’s official visit to London will be his first since sanctions were
imposed on members of the ZANU PF party by the EU over a decade ago. The
Justice Minister is reported on NewZimbabwe.Com saying he will use the
meetings with the British government to demand that all sanctions be lifted
unconditionally and ask for Britain’s help to shut down SW Radio Africa
which broadcasts into Zimbabwe from London.

Chinamasa breaks ice with London trip

http://www.newzimbabwe.com

24/03/2013 00:00:00
     by Staff Reporter

JUSTICE Minister Patrick Chinamasa arrives in London on Monday – the first
time in over a decade that a senior Zanu PF figure has had an official
engagement with the British government.

Chinamasa was one of the over 100 Zanu PF and government officials who had
travel bans slapped on them by the European Union following disputed
elections in 2002, but the sanctions were lifted last year to allow him to
attend meetings aimed at normalising relations between Zimbabwe and the EU.

The Zanu PF politburo member, who was at the Vatican with President Robert
Mugabe for Pope Francis’ inauguration last week, will attend meetings with
British government officials and donors over five days.

On the trip will be other members of the re-engagement committee from the
two MDC factions – Elton Mangoma (MDC-T) and Priscilla Misihairabwi-Mushonga
(MDC).

Chinamasa said the UK government, through its Parliamentary Under Secretary
of State for Foreign and Commonwealth Affairs, Mark Simmonds, sent the
invitation letters.

His Zanu PF party sees the invitation as “an indication that Britain
realises that its foreign policy on Zimbabwe is collapsing and they want to
embark on a new path”, Chinamasa said on Sunday.

“Events will tell, but, Britain should realise that its foreign policy on
Zimbabwe is not sustainable,” he added.
Relations between Britain and Zimbabwe have been frayed since 1997 when the
then Labour government pulled out of talks to fund land reforms.

The seizure of white-owned farms, starting in 2000, damaged relations
further and President Robert Mugabe’s government accused the British
government of meddling in the country’s affairs by funding his opponents.

EU sanctions were imposed on Zimbabwe two years later at Britain’s
instigation – and all contact at senior government level was frozen.

But the formation of a power sharing government in 2009 and easing of
internal repression against Mugabe’s opponents has seen the EU roll back the
sanctions to leave just 10 individuals and one company on the blacklist.

Chinamasa said he would use meetings with the British government to demand
that all sanctions be lifted unconditionally. He will also ask for Britain’s
help to shut down SW Radio Africa which broadcasts into Zimbabwe – where the
Zanu PF maintains a tight grip on the airwaves – from London.

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.

Protest tomorrow - target Patrick Chinamasa

Zanu-PF dismisses EU sanctions lift

http://www.news24.com/

2013-03-25 21:03

Harare - Zimbabwe President Robert Mugabe's political party on Monday
dismissed as a "non-event" the lifting of most European Union sanctions
against 81 allies of the veteran president.

"We dismiss that process as a non-event," Rugare Gumbo, spokesperson for the
Zimbabwe African National Union-Patriotic Front (Zanu-PF) party told AFP.

"We are not looking for a partial removal of names from the list. We are
looking for the total and unequivocal lifting of sanctions which were not
justified in the first place."

The 27-nation EU grouping on Monday suspended most of its sanctions against
a list of 91 people after a "peaceful, successful and credible" referendum
on a new constitution earlier this month.

The bloc also suspended measures against eight of 10 firms or entities.

Mugabe, 89, remained among 10 Zimbabweans still targeted by the bloc's
travel ban and assets freeze, a European diplomat told AFP on condition of
anonymity.

"We are not going to rest until all sanctions against Zimbabweans are
lifted," said Gumbo.

Zimbabwe held a referendum on 16 March which endorsed a new constitution
that curtails presidential powers and limits a president's tenure to two
five-year terms.

The referendum is set to pave the way to crucial elections later this year.

The EU imposed sanctions on Mugabe and his allies following presidential
polls in 2002 which Western observers said were rigged to hand Mugabe
victory.

- AFP

Mugabe assured of Malaysia safe haven

http://nehandaradio.com

 

 

on March 25, 2013 at 6:48 am

 

By Itai Mushekwe

Malaysia has offered State protection and a safe haven for Zimbabwe President Robert Mugabe, should he deem it necessary to retire in Asia, Nehanda Radio has been told.

Rumoured to be a bolthole for Robert Mugabe, court papers have revealed this R200 million compound, is being built by Robert Mhlanga in South Africa

Kuala Lumpur is also a strong destination of choice for Mugabe and his young family, in the likely event that Zimbabwe descends into political anarchy after the pending June elections, or should civil mayhem reign supreme if the 89 year old decides to leave office.

“Your leader (Mugabe) can permanently locate to Malaysia because he has a home here,” said a reporter with Malaysiakini, a leading political news website.

“It’s no secret that he is ever welcome to stay, because he is a good friend of the political establishment. Apart from that his family also has business interests not only in Malaysia, but across the continent.”

Nehanda Radio has learnt following a lead from media colleagues in Malaysia that, Mugabe and his wife Grace own a hideous multi-million dollar mansion in Malaysia, which he purchased in cash in 2004.

Mugabe’s mansion in Borrowdale, Harare

Although the Malaysiakini fails to give the financial costs and full details of the villa, we have been told it has gobbled up £2,4m of the battered tax-payer money in Zimbabwe.

The price tag in Malaysian Ringgit was 12 million, which according to the XE Currency converter, converts to US$3,8m money which can be used to import substantial amounts of fuel for the economy, medical equipment for hospitals, or water treatment chemicals to make available clean drinking water in Harare and across the municipalities of the country.

“Mugabe’s luxurious mansion is located in Bukit Tunku in Kaula Lumpur, that is what we all know but none of us has been invited there,” said a diplomatic staffer at the Zimbabwean Embassy.

“The mansion we have established was bought for 12 million Malaysian Ringgit. Bukit Tunku is one of the most expensive elite residential areas here, most of the home owners are senior ministers, businessmen and royalties.”

Bukit Tunku is famed for being the Beverly Hills of Malaysia, and is somewhat similar to Harare’s posh Borrowdale Brooke enclave housing the country’s powerful elites, where residents share almost the same address but with different house numbers and unique security provisions.

Mugabe in fact has his capital residence next to Borrowdale Brooke, which has been sealed as a high security zone and no go area.

The Zanu PF leader’s mysterious mansion has been a tight-lipped secret for years now, but sources in Malaysia say he is planning to make the Far East his second home, although he has confided with his inner circle of the desire to be buried home when he dies.

It has also come to light that the Mugabes are always visiting their Asian home regularly, especially during Christmas holidays and the many medical trips which Mugabe has been taking lately to cure postrate cancer and an eye cataract in Singapore and Malaysia.

The ailing leader and his wife are also regular attendees of the Langkawi International Dialogue business forum, and in healthier times they both frequented The Malaysian Grand Prix Formula One games at the Sepang International Circuit.

Other grounds which have been cited for Mugabe’s possible move to Kaula Lumpar include: “His sensitive medical condition, family businesses and investments in numerous Asian countries, and more importantly the safety of family members in a post era of his rule.

Grace Mugabe with daughter Bona

Mugabe’s daughter Bona, is studying for a masters degree in Hong Kong, and her siblings are likely to pursue studies here in Asia,” Malaysian sources said.

Ironically, Mugabe also has a Malaysian doctor, Mahmood Awang Kechik, a urologist who works as his physician and business advisor. Awang Kechik has been instrumental in keeping Mugabe’s health in check. The doctor reportedly had oversight of the despised statesman’s cancer treatment in Malaysia recently.

This is not the first time Malaysia has been caught up in controversy, in 2004 former prime minister Mahathir Mohammed, a close friend of Mugabe donated timber worth RM100 000, about £20 000 for the panelling of his headquarter mansion in Harare. The 44 acre landscaped mansion has 25 rooms, a state of the art radar system and is clad with Chinese-style roofing.

Mugabe can be assured of a safe haven in Malaysia, and financial security following the informal residence in that country of one of his under-cover bankers Enoch Kamushinda, a former chief executive of Metropolitan Bank of Zimbabwe who now manages several business portfolios in Malaysia on behave of the Mugabe family.

The Mugabe’s have also reportedly acquired a £4m mansion in Hong Kong, but have defused the allegations as unfounded, maintaining that the property is being rented for Bona.

Current Malaysian Prime minister Datuk Seri Najib Razak, seems to have confirmed the preparedness of his country to offer Mugabe a sanctuary, after he invited Mugabe and Sudanese leader Omar Al-Bashir for the yearly Langkawi International Dialogue (LID) two years ago, arguing that:

“We are not yet a member of the Statute of Rome.”

The Rome Statute, is a global treaty governing against war crimes, genocide, crimes against humanity and the crime of aggression. Mugabe and Al-Bashir both stand accused of gross crimes against humanity, with the latter being a wanted man by the International Criminal Court (ICC) for war crimes in his country.

 

Beatrice Mtetwa released

http://www.swradioafrica.com

By Violet Gonda
25 March 2013

Human Rights Lawyer Beatrice Mtetwa was granted bail Monday by High Court
Judge Justice Joseph Musakwa, after spending eight nights in prison.

The Judge ordered her release saying magistrate Marehwanazvo Gofa was wrong
when she denied Mtetwa bail last Wednesday by claiming she was a flight
risk.

The Zimbabwe Lawyers for Human Rights quoted Justice Musakwa as saying:
“Mtetwa should not have been denied bail by the lower court and the police
should have shed light on the nature and scope of the investigations that
remained outstanding and that the court should not have denied liberty to a
legal practitioner of repute like Mtetwa.”

Mtetwa is accused of obstructing the course of justice by insulting police
officers when she went to help her clients from the Prime Minister’s office,
who were arrested on allegations that they impersonated the police so that
they could gather sensitive information about corrupt state officials.

The judge said although he would describe Mtetwa as a forceful if not
combative personality, she still remained professional in the execution of
her professional duties.

“On State allegations that Mtetwa’s purported shouting at the police could
have caused or resulted in the disappearance of some computers that the
police wanted to recover, Justice Musakwa said being a woman, Mtetwa could
and should have been subdued by the police officers,” Zimbabwe lawyers for
Human Rights said.

She was released on $500 bail and ordered not to interfere with
investigations until the matter is settled.

ZLHR communications officer Kumbirai Mafunda told SW Radio Africa that
Mtetwa believes her arrest was aimed to instill fear among human rights
lawyers.

More lawyers will be arrested in Zimbabwe ahead of polls

http://www.sabc.co.za

Monday 25 March 2013 16:29
SABC

Zimbabwe lawyer, Beatrice Mtetwa, has warned of more arrests of human rights
lawyers as the country heads to elections. Speaking on her release on bail,
she said her arrest was an attack on the legal fraternity and meant to
intimidate lawyers working to protect human rights.

A High court today overturned a magistrate's ruling, denying Mtetwa bail.
She had been behind bars since her arrest on March 17.  "It is not a
personal attack on me. It is an attack on all human rights lawyers," says
Mtetwa.

She says that she was being used as an example, that she is the first one
and that there will be many more to follow. "We are going in to election
mode and the warning is that people cannot continue to do this as they are
human rights lawyers," says Mtetwa.

Mtetwa says what is happening to her will happen to others soon.

Lawyers file petition against harassment and intimidation

http://www.thezimbabwean.co.uk

25.03.13

by Edgar Gweshe

The recent arrest of prominent human rights defender, Beatrice Mtetwa,
smacks of an attempt by law enforcement agents to harass and intimidate
lawyers who have the cause of their clients at heart, the Law Society of
Zimbabwe has said.

In a petition copied to the joint ministers of Home Affairs, Theresa Makone
and Kembo Mohadi, Police Commissioner General, Augustine Chihuri, the
Chairman of the Judicial Services Commission, Justice Godfrey Chidyausiku
and the Minister of Justice and Legal Affairs, Patrick Chinamasa, the LSZ
said Mtetwa’s arrest was driven by malice.

Mtetwa who was freed today by the High Court on $500 bail was arrested on
Sunday 17 March and charged with contravening Section 184 (1)

(g) of the Criminal Law (Codification) Act for allegedly defeating or
obstructing the course of justice.

She is facing charges of trying to block police from conducting searches at
the house of MDC-T official, Thabani Mpofu, after she argued that the police
search warrant was illegal.

Mpofu, together with three officials from the Prime Minister’s Office, Felix
Matsinde, Warship Dumba and Mehluli Tshuma are facing charges of violating
the Official Secrets Act.

They were on Wednesday last week denied bail by the Magistrates Court on the
grounds that they are facing serious charges and are a flight risk.

It is the State’s case that the four were found in possession of illegal
documents some of which detailed the background of Chihuri while others
allegedly referred to the Attorney General, Johannes Tomana.

“Shouting at police officers, which in any event Mtetwa denies, as opposed
to abusing officers, is not an offence. Demanding a warrant of search and
seizure is not an offence. Taking photos of proceedings is not an offence.

“It is therefore incomprehensible that the above acts get criminalised based
on an apparent need to silence her for her boisterous representation of her
clients,” read part of the petition.

The LSZ said Mtetwa’s arrest was characterised by gross violation of her
rights by the police.

“Even if the above was criminal, the subsequent events testify to the malice
behind the arrest. Beatrice Mtetwa was handcuffed, denied access to lawyers
and relatives, whilst in police custody. She was denied bathroom facilities.

“In a brazen act of intimidation, two male police officers entered her cell
in the middle of the night, in pitch darkness and snatched her blanket. Was
this warranted at all?” reads the petition.

The LSZ expressed concern over the failure by the police to comply with a
High Court order ordering the release of Mtetwa after her arrest.

“This was contemptuous of a High Court ruling and there is no better example
of breaking the rule of law than this. At their pleasure, the police only
took Mtetwa to court on Tuesday, having arrested her Sunday morning.

“This is a travesty of justice. The Law Society feels that these actions by
the police are calculated to intimidate lawyers. They are intended to cow us
and stop us from representing our clients without fear or favour,” read the
petition.

The LSZ recommended that lawyers’ rights to represent their clients
unhindered must be guaranteed and that the courts must be obeyed as the
foundation of the rule of law.

In a related case, the Zimbabwe Republic Police has cancelled an application
by the LSZ to stage a protest march against the arrest of Mtetwa.

In a letter addressed to the LSZ, ZRP Chief Superintendent Officer
Commanding Harare Central District, Alex Chagwedera, said the notification
period given by the LSZ did not conform with requirements of Section 25 (1)
(a) of the Public Order and Security Act, Chapter 11:7 “which clearly
stipulates 7 days notice”.

The ZRP argued that the march had the potential of being hijacked by ‘unruly
political malcontents as evidenced by the demonstration that took place at
the Rotten Row Magistrates Court on Friday 22 March where an unidentified
group of people staged an unsanctioned demonstration”.

Bail hearing for Zim PM aides set for Tues

http://www.news24.com/

2013-03-25 12:30

Harare - Zimbabwe's high court on Monday released a prominent human rights
lawyer on $500 bail, after more than a week in prison in a case that has
renewed criticism of President Robert Mugabe's security forces.

High Court Judge Joseph Musakwa set aside an earlier decision by a
magistrate to deny Beatrice Mtetwa bail.

"I am satisfied with the application by the appellant and I set aside the
ruling of the [lower] court," Musakwa said.

Mtetwa was arrested last week together with four aides of Mugabe rival Prime
Minister Morgan Tsvangirai. Mtetwa was accused of shouting at and taking
pictures of police officers who were conducting a search at the home of one
of the aides.

The arrests came a day after Zimbabweans voted overwhelmingly for a new
constitution that would curb presidential powers and pave the way for
elections later this year.

But Tsvangirai and civic rights groups fear Mugabe and his Zanu-PF party are
already undermining the chances of a free and fair election.

The bail hearing for the four Tsvangirai aides is expected on Tuesday.

- Reuters

Court case for Glen View 29 postponed to April

http://www.swradioafrica.com/

By Nomalanga Moyo
25 March 2013

The trial of 29 MDC-T supporters accused of murdering a police officer in
Glen View two years ago has been postponed to April 2nd, their lawyer
revealed.

The 29 were scheduled to appear in court Monday, with their defence team
expected to apply for a discharge after the state closed its case on March
11th.

Their lawyer Gift Mtisi said both the defence and prosecution teams had
agreed to a postponement so that both sides could have the opportunity to
analyse the transcript of court proceedings.
Mtisi said: “We met at the judge’s chambers and agreed to postpone the
matter to the 2nd as the transcript of the evidence is not ready yet.

“We have been promised that the record may be ready from tomorrow (Tuesday),
and we felt it was important for both teams to familiarise themselves with
the transcript before we go to court to make our application for discharge.”

The case against the 29 activists stems from the death of Inspector Petros
Mutedza who was killed when a police detail he was part of was attacked,
while responding to reports of political disturbances in Harare’s Glen View
area in May 2011.

The 29 have been on remand since then, with five of the accused still held
in custody where they have been reportedly tortured and ill-treated.

They all maintain their innocence and accuse the state of holding them on
trumped-up charges.
On Friday there were fears that the continued unlawful detention of lawyer
Beatrice Mtetwa, who is the lead counsel for the 29 political activists,
would further delay their bid for freedom.

Mtetwa was arrested on March 17th (in an unrelated case) for demanding to
see a search warrant used by police officers to enter her clients’ premises.
She was charged with ‘obstructing the course of justice’ and detained for a
week, despite a judge’s order to release her.

Mtetwa was eventually released Monday after her lawyers successfully lodged
an appeal at the High Court.

Meanwhile, four employees of Prime Minister Morgan Tsvangirai’s office whom
Mtetwa was defending when she was arrested, remain at Harare Remand Prison
after a magistrate denied them bail last Wednesday.

Lawyer Chris Mhike who took over the case, said a bail appeal had been filed
at the High Court on Monday and the case is expected to be heard Tuesday
morning.

The four are Thabani Mpofu, Felix Matsinde, Mehluli Tshuma and Warship
Dumba. They are being charged with breaching official secrets laws, with the
state alleging that they were found with dockets.

Mhike said while he could not speculate on the outcome of the appeal, he was
confident that the matter will be dealt with “in terms of the merits as
presented in the appeal”.

Two other employees, Spiwe Vera and Elizabeth Banda, who work as caretakers
in the same Prime Minister’s office in Avondale, were released without
charge Thursday after being questioned for the whole day.

Vera was picked up again on Friday after police indicated they wanted to
clarify certain issues in her statement they wanted to clarify. She was
again released without charge.

Vera’s lawyer, Dr Tarisai Mutangi, told SW Radio Africa that he suspected
the state was preparing to use Vera and Banda as witnesses.

The trial of 29 MDC-T supporters accused of murdering a police officer in
Glen View two years ago has been postponed to April 2nd, their lawyer
revealed.

The 29 were scheduled to appear in court Monday, with their defence team
expected to apply for a discharge after the state closed its case on March
11th.

Their lawyer Gift Mtisi said both the defence and prosecution teams had
agreed to a postponement so that both sides could have the opportunity to
analyse the transcript of court proceedings.

Mtisi said: “We met at the judge’s chambers and agreed to postpone the
matter to the 2nd as the transcript of the evidence is not ready yet.

“We have been promised that the record may be ready from tomorrow (Tuesday),
and we felt it was important for both teams to familiarise themselves with
the transcript before we go to court to make our application for discharge.”

The case against the 29 activists stems from the death of Inspector Petros
Mutedza who was killed when a police detail he was part of was attacked,
while responding to reports of political disturbances in Harare’s Glen View
area in May 2011.

The 29 have been on remand since then, with five of the accused still held
in custody where they have been reportedly tortured and ill-treated.

They all maintain their innocence and accuse the state of holding them on
trumped-up charges.

On Friday there were fears that the continued unlawful detention of lawyer
Beatrice Mtetwa, who is the lead counsel for the 29 political activists,
would further delay their bid for freedom.

Mtetwa was arrested on March 17th (in an unrelated case) for demanding to
see a search warrant used by police officers to enter her clients’ premises.
She was charged with ‘obstructing the course of justice’ and detained for a
week, despite a judge’s order to release her.

Mtetwa was eventually released Monday after her lawyers successfully lodged
an appeal at the High Court.

Meanwhile, four employees of Prime Minister Morgan Tsvangirai’s office whom
Mtetwa was defending when she was arrested, remain at Harare Remand Prison
after a magistrate denied them bail last Wednesday.

Lawyer Chris Mhike who took over the case, said a bail appeal had been filed
at the High Court on Monday and the case is expected to be heard Tuesday
morning.

The four are Thabani Mpofu, Felix Matsinde, Mehluli Tshuma and Warship
Dumba. They are being charged with breaching official secrets laws, with the
state alleging that they were found with dockets.

Mhike said while he could not speculate on the outcome of the appeal, he was
confident that the matter will be dealt with “in terms of the merits as
presented in the appeal”.

Two other employees, Spiwe Vera and Elizabeth Banda, who work as caretakers
in the same Prime Minister’s office in Avondale, were released without
charge Thursday after being questioned for the whole day.

Vera was picked up again on Friday after police indicated they wanted to
clarify certain issues in her statement they wanted to clarify. She was
again released without charge.

Vera’s lawyer, Dr Tarisai Mutangi, told SW Radio Africa that he suspected
the state was preparing to use Vera and Banda as witnesses.

Govt ‘complicity’ questioned in corruption probe backlash

http://www.swradioafrica.com/

By Alex Bell
25 March 2013

The government’s ‘silence’ in the clampdown on the work of the Anti
Corruption Commission (ZACC) is raising more questions about state
complicity in widespread incidents of corruption in the country.

The ZACC has faced a serious backlash after attempting to instigate
investigations into alleged corruption at the Zimbabwe Mining Development
Corporation (ZMDC), the National Indigenisation and Economic Empowerment
Board (NIEEB) and other parastatals.

The groups are all linked to top ZANU PF officials, including Mines Minister
Obert Mpofu and Saviour Kasukuwere, and have been accused of massive
corruption. The ZMDC for example has been at the centre of claims that it is
illegally diverting money from the Chiadzwa diamond fields for the benefit
of ZANU PF.

The ZACC earlier this month got search warrants from the High Court allowing
it to search the offices of the ZMDC, the NIEEB and others. But these legal
searches were blocked from taking place, and the parastatals then sought an
interdict preventing any further investigations by the ZACC.

The anti-graft body then faced accusations of corruption that were published
in the state sympathetic media, and its top officials have been called in
for questioning by the police.

The latest twist in the saga has been the hounding of the High Court judge
that signed the original search warrants for the ZACC. On Saturday the state
run Herald newspaper published a story claiming Justice Charles Hungwe “has
come under fire from the legal fraternity for denying justice to a
55-year-old man he convicted in 2003 but has failed to sentence over the
past 10 years after losing his court records.”

Farai Maguwu, the Director of the Centre for Resource Governance, said the
saga is all related to the high level corruption seen within the ZMDC and
other groups, saying the ZACC is paying the price for “touching the
untouchables.”

“Since 2008 the ZMDC has become the cash cow for ZANU PF and some
individuals in the government. We have always been saying there are a lot of
irregularities in the diamond sector, the Finance Minister himself doesn’t
know where the money from the mines is going. So the commission has touched
a raw nerve and unsettled a lot of people who are benefiting from the
extractive sector,” Maguwu said.

He added: “Just the attempt they (the ZACC) made to investigate and the
heavy handed reaction of the government clearly shows that all is not well.
It shows there is a convergence of interests of different sectors of
government, including the police and the office of the President. The
silence coming from the corridors of power clearly shows that corruption is
now institutionalised.”

Meanwhile ZACC investigators have said there is political pressure on them
to halt their investigations into the abuse of constituency development
funds (CDF) by ministers and prominent legislators, until after the
elections.

Two commission investigators told the Mail & Guardian newspaper in South
Africa that there was political pressure from those implicated, who had
allegedly sought an audience with the attorney general to postpone the
probe. The investigators said they had been advised by their superiors that
investigations must cease until after the elections.

They said all the MPs subject to their investigation were contesting
forthcoming parliamentary elections.

Division rocks anti-graft body

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

Monday, 25 March 2013 11:13
HARARE - Cracks have emerged in the Zimbabwe Anti-Corruption Commission
(Zacc), with the body’s investigators coming under severe pressure to drop
corruption investigations into three ministries accused of underhand
dealings.

Zacc chairperson, Denford Chirinda, claimed on Sunday that Zacc had made
“mistakes” in its attempts to probe offices of 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.

But earlier last week, Zacc spokesperson, Goodwill Shana insisted at a press
conference that they followed procedures in trying to acquire search
warrants for the three ministries.

While Zacc said it had reasonable grounds to suspect that there was abuse of
duty at the ministries, the High Court stonewalled the anti-graft body from
conducting searches at the offices of the National Indigenisation and
Economic Empowerment Board (Nieeb), the Zimbabwe Mining Development
Corporation (ZMDC) and the Zimbabwe National Road Administration (Zinara).

Zacc suspects the three ministries through their different departments, were
involved in underhand dealings, with the ministry of Youth and Empowerment
in the limelight over alleged corruption in indigenisation transactions,
involving particularly the $971 million Zimplats deal.

Chirindo — who has been under withering pressure over the last week amid
reports he was facing imminent arrest — yesterday repudiated official
statements made at a news conference last Wednesday by his own commission’s
Shana that the commission had done nothing wrong in investigating the three
ministries.

Shana said they had exhausted all prescribed procedures and avenues for
obtaining search warrants including approaching the police and magistrates’
courts.

In a dramatic volte face, the Zacc chairman told the State-run media at the
weekend that defective search warrants were obtained from High Court Judge
Charles Hungwe — who has also come under severe attack from the State media.

“The commission made mistakes and we must correct those mistakes,” he told
the State paper.

Chirindo yesterday denied in an interview with this paper that he was under
pressure to admit to mistakes on the issue of search warrants for the three
ministers, or that his retraction statement was meant to avert his imminent
arrest.

“I am not aware of that, I am not aware of me facing arrest,” he told the
Daily News. “If I have to face arrest, let me face it, the law is for
everyone. If you break it, you face the music.”

Asked if investigations into the three ministers were forging ahead as
earlier claimed by Shana, Chrindo retorted: “I am not the investigator; ask
the investigators whether they are going ahead. The Zacc is not a law unto
itself.”

Pressed to clarify why the Zacc made “mistakes” under his watch as chairman,
Chirindo said: “All I am saying is we must do investigations in accordance
with the laws.”

He spoke amid reports that Zacc commissioner Emmanuel Chimwanda  — a former
police assistant commissioner — was also facing arrest.

Zacc chief executive Ngonidzashe Gumbo has been recalled from his job by
Home Affairs minister Kembo Mohadi and has subsequently appeared in court
charged with an alleged 2010 fraud involving $435 000 which the State claims
it was prejudiced when the anti-graft body bought a Harare property to house
Zacc.

According to State papers, it is claimed Gumbo received $1,68 million from
government to buy the Mt Pleasant house for Zacc, but the State claims he
paid only $1,2 million for it and pocketed the difference of $435 000. Gumbo
denies the charge, and questions the timing of the prosecution.

Chirindo denied the Zacc CEO — who is in custody pending his bail hearing
today — had been fired.

“He did not have a contract with Zacc but with the government,” Chirindo
said. “Ask those who employed and recalled him. I can’t answer that. Let the
law follow its course. If he is not criminally liable, he will be cleared by
the courts.”

Zacc general manager for investigations, Sukai Tongogara, has also been
taken in by police and put through a few rounds of interrogation, while
there have also been attempts to insinuate that she was not the daughter of
Josiah Tongogara, the commander of Mugabe’s 1970s guerrilla army.

One of Tongogara’s surviving wives Angeline claims Sukai is daughter of the
deceased general’s brother.

The fear of being arrested and punished, particularly given the lack of due
process that may be involved, has struck fear into Zacc officers, and also
made their job a dangerous one.

The fallout in the Zacc probe also extended to the High Court, where
registrar Elijah Makomo — who stamped the authorisation of the search
warrants — was transferred from the High Court to the Harare Magistrates’
Court last week.

Justice Hungwe, who granted the search warrants to Zacc on March 11, has
also come under increasing pressure, amid attempts to cast aspersions on his
integrity.

His previous judgments have been dusted up and pilloried in the State media.

The investigations into the three ministries have aggravated tension and
strained relations between the Zacc and the police.

Critics accuse Zimbabwean authorities of trying to protect the ministries
accused of embezzlement.

“Closing the case into the ministers is proof that the Zimbabwean State has
officially taken a position in defence of corrupt top government officials,”
said one Zacc commissioner who spoke on condition of anonymity.

Zanu PF says the investigations are politically-motivated and intended to
discredit the indigenisation programme and discredit the ministry of Mines
and the Ministry of Transport (both run by Zanu PF minister) ahead of
elections.

The intended investigation into the three ministries has drawn particular
attention on social media inside and outside Zimbabwe due to speculation
about whether it might be tied to a much broader factional struggle in Zanu
PF. - Gift Phiri, Political Editor

Mugabe accused of abusing power in delaying by-elections

http://www.swradioafrica.com

Posted by Tichaona Sibanda on Monday, March 25, 2013 in Mugabe | 0 comments

Abednico Bhebhe
By Tichaona Sibanda
25 March 2013

A former lawmaker has accused President Robert Mugabe of ‘manipulating the
judiciary’ and using ‘scandalous tactics’ to delay three by-elections in
Matabeleland constituencies as directed by the Supreme Court.

Abednico Bhebhe, who lost his Nkayi South parliamentary seat after he was
expelled as an MDC-N legislator four years ago, blasted the ZANU PF leader
for his ‘abuse of power and law’ in not calling for the by-elections in
Bulilima East, Lupane East and Nkayi South.

Bhebhe, now the deputy organising secretary for the MDC-T, told SW Radio
Africa that Mugabe has not always told the truth as to why he decided not to
have elections in the three constituencies. The three MP’s took Mugabe to
court in July 2011 asking him to call for by-elections in their former
constituencies.

However in October of the same year Mugabe appealed against High Court Judge
Justice Nicholas Ndou’s decision ordering him to ensure by-elections in the
three constituencies were held, as they were constitutionally long overdue.

That appeal was dismissed by a full bench of the Supreme Court that ordered
new elections to fill the vacancies as soon as possible, but by no later
than 30 August 2012. However Mugabe appealed against this ruling and got a
reprieve when he was given a March 31st 2013 deadline for him to pronounce
the date for the by-elections in the vacant constituencies.

With six days to go before this High Court deadline it appears a government
legal team, led by Justice Minister Patrick Chinamasa, is next week going to
file papers in the courts to further delay the polls.

These reports have apparently incensed the former MP’s who have vowed to
expose those that do not follow the laws of the country. Bhebhe made it
clear they wanted Mugabe to know that the most important requirement of a
President is to uphold the constitution of the country.

‘We want to prove Mugabe did not do what he was required to do by the
constitution. He’s manipulating the judiciary and wants to prove he can do
things unconstitutionally and get away with it,’ fumed Bhebhe.

A source told SW Radio Africa that Mugabe and Prime Minister Morgan
Tsvangirai were likely to discuss an election date during their Monday
meeting. Already Mugabe has indicated he wants the harmonized elections held
on June 29th but is facing resistance from the two MDC formations who prefer
July 27th.

According to the Zimbabwe Human Rights NGO forum, assuming that the
constitution was gazetted on 25th March, the earliest date the election
could be held would be about 25th July. However Constitutional and
Parliamentary Affairs Minister Eric Matinenga said the government will
gazette the new charter on 28th March.

In a statement the NGO forum gave a basic explanation of the legal process
between the referendum and elections, indicating that parliament must be
dissolved before 29th June 2013, failing which it will just automatically be
dissolved on that date.

‘An election must then be held no later than 90 days from the date of
dissolution of Parliament, that is, by 27 September 2013. The Constitution
must now be gazetted and parliament must then debate and pass it 30 days
from the date it was gazetted, then the President signs it into law,’ the
NGO forum said.

It added that a minimum of 30 days after the new constitution comes in, the
Zimbabwe Election Commission shall carry out voter registration to enable
those who are not registered to do so.

‘The President proclaims an election after the ZEC exercise. Fourteen days
must lapse between the President’s proclamations to the nomination court,’
the statement added.

Zanu PF tinkering with Mash East voters' roll: MDC

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

Monday, 25 March 2013 11:00

HARARE - Prime Minister Morgan Tsvangirai’s MDC has alleged that Zanu PF in
Mashonaland East Province is secretly removing known MDC supporters from the
voters’ roll ahead of watershed general elections this year.

The MDC alleges President Robert Mugabe’s party has acquired the voters’
rolls for all the constituencies in the province to strike off names of
their rivals.

Tichaona Gomo, MDC councillor for ward 11, alleges that Zanu PF is rolling
out a strategy to have his party supporters struck off the voters’ roll.

“Youth officers attend these village meetings and identify our supporters on
the voters’ roll and remove them,” Gomba told the Daily News.

“They will then register theirs and take the roll back to the office where
the registration will be formalised because they have connections there.

“When our supporters go to inspect the voters’ roll, they then realise that
they don’t appear despite the fact that some of them only registered last
year.”

The Daily News could not independently verify these claims.

But a village head from the same ward who spoke to the Daily News said she
was asked to mobilise her people at a nearby crèche last week where “people
from the offices read out the voters’ roll and registered those whose names
did not appear.”

Mudzi North Zanu PF MP, Milton Kachepa confirmed that he was registering
voters in villages and that he had bought voters’ rolls for the whole
province from the Registrar General’s office for $15 each district.

Despite the fact that only the Zimbabwe Electoral Commission (Zec) is tasked
with registering voters in accordance with the Electoral Act, Kachepa
confirmed his party was mobilising voters.

“It is true that we are registering voters throughout the province because
people are not registered to vote,” he said.

“We are registering everyone including MDC supporters without intimidating
them.

“We brought the voters’ rolls we are using at the Registrar General’s office
at $15 each and if there is any village head who is intimidating anyone, he
is being overzealous,” Kachepa said, insisting that the he was not violating
the Electoral Act as the process was not partisan.

Meanwhile, ugly scenes of political violence have been recorded in the
constituency following the stoning of MDC women’s assembly district vice
secretary for Mudzi North, Chipo Nyakatembo’s house.

Nyakatembo, who is a widow, alleges that some youth officers (names
supplied) attacked her house on the night of March 20, and she reported the
matter at Kotwa Police Station under RRB number 10774401.

Mashonaland East police spokesperson, Bulisani Bhebhe said he had not yet
received the report as he was in Bulawayo on a tour of duty.

MDC provincial chairperson for Mashonaland East, Piniel Denga described the
Zanu PF antics as “a sign of desperation by a party facing electoral
 defeat.”

“It is desperation at its zenith by a party whose days are numbered,” Denga
said.

“We have been to Mudzi and we are aware of their moves but we get worried
when they begin to use violence again. Zanu PF has no respect for the
electorate  but the people of Zimbabwe will punish them at the ballot.” -
Mugove Tafirenyika

Ministers in line for huge exit packages

http://www.newzimbabwe.com

25/03/2013 00:00:00
     by Brian Chitemba I ZimInd

PRINCIPALS of the government of national unity (GNU) and cabinet ministers
will get a windfall — in the form of cash, houses, residential stands, and
luxury cars — as they have now finalised plans for golden handshakes in the
form of plump exit packages when the tenure of the current coalition
arrangement ends in June.

President Robert Mugabe, Prime Minister Morgan Tsvangirai, Vice-President
Joice Mujuru, and deputy prime ministers Arthur Mutambara and Thokozani
Khupe are expected to get hefty packages running into hundreds of thousands
of dollars, while ministers would each get US$30 000, residential stands in
affluent suburbs, three luxury cars including Mercedes Benz and
top-of-the-range SUVs.

However, one minister —  thought to be the David Coltart (Education and
Sport) of the MDC — has reportedly declined the costly packages which will
further bleed the bankrupt government and economy, arguing it was a waste of
taxpayers’ money. He also warned people would be outraged by this move.

The Zimbabwe Independent reports that there have been ongoing discussions
over the exit packages that would cost Treasury millions of dollars at a
time the country is struggling to provide basic services like clean water,
electricity and pay civil servants, as well as fund electoral processes.

Cabinet ministers — who caused a furore over cars when they came into office
four years ago — drew strength to demand the hefty benefits after the GNU
built houses or was planning to do so for Tsvangirai, the vice-presidents
and the deputy prime ministers.

Sources said it was finally agreed Mugabe, Tsvangirai, Mujuru, Mutambara and
Khupe as well as the 35 cabinet ministers and 18 deputy ministers would
receive “golden handshakes” before leaving office.
Apart from the ministers’ exit packages, MPs are also pressing for vehicles
and more allowances.

MPs were previously given US$15 000 each.
The House of Assembly started off with 210 legislators, but that number is
now down to 190 because of deaths and suspensions. The senate had 93
members, a third of them unelected, among them 10 chiefs, 10 governors and
those appointed by the principals. There are now 80 left.

Zim govt found responsible for torture in landmark ruling

http://www.swradioafrica.com

By Alex Bell
25 March 2013

The leading human rights court in Africa has ruled that the Zimbabwe
government was responsible for the torture of human rights lawyer Gabriel
Shumba, in a landmark ruling that sets a new precedent against impunity in
Africa.

The African Commission on Human and Peoples’ Rights has now given Zimbabwe
90 days to act on the decision, including launching an investigation into
the torture that Shumba was subjected to in 2003. The Commission’s decision
was made in May 2012, but it was only approved by the Executive Council of
the African Union in January 2013, and the African Commission informed
Shumba of its decision last week.

Shumba was arrested by the police and CIO officials in Zimbabwe in 2003,
while attending to a client. During his detention he was kicked, beaten and
severely tortured and ill-treated for several hours. He was threatened with
death, electrocuted, burned with chemicals and suffered other serious
abuses.

Following this torture he was then forced to flee to South Africa, where he
is currently living and working as an advocate in the High Court. He filed
the complaint against Zimbabwe with the African Commission in 2004.

In its decision, the African Commission said 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. The Commission
said Zimbabwe failed to open an official investigation, ordering it to do so
within 90 days and bring those responsible to justice.

Jeurgen Schurr, the legal representative for the international group
REDRESS, which supported Shumba’s action before the Commission, said the
case is “landmark.” He told SW Radio Africa that the case is “tremendously
important,” because of the precedent it sets for the fight against impunity.

“It shows the Commission is a crucial forum for redress for citizens who
cannot obtain justice in their own countries,” Schurr said.

The African Commission is the last human rights court Zimbabweans and other
Southern African citizens can turn to when the legal system in their own
countries fail to protect them, after the suspension of the regional
Tribunal in 2010.

Meanwhile the Commission, in a related matter, also found that Zimbabwe was
in violation of Articles 1 and 4 of the African Charter by failing to
protect its citizens from extra judicial killings as well as affording
effective redress to the bereaved families.

The Commission, in a decision also made in May 2012, recommended that the
Government of Zimbabwe “undertake law reform to bring domestic laws on
compensation in cases of wrongful killings into conformity with the African
Charter and other international standards, especially in respect to
effective and satisfactory compensation…. and to pay compensatory damages to
the legal heirs and next of kin of the four deceased persons.”

This decision was filed before the Commission by the Zimbabwe Human Rights
NGO Forum over the wrongful deaths in the hands of state agencies, of
Batanai Hadzizi, Never Chitsenga, Beaven Kazingachire and Lameck Chemvura.
The four, who were killed on separate occasions between January and November
2001, were victims of extreme brutality by security agents.

Zanu PF Crisis: Sekeramayi fights in Kasukuwere’s corner

http://www.thezimbabwemail.com

by Elias Mambo/Tarisai Tahungai 8 hours 30 minutes ago

STATE Security minister Sydney Sekeremayi has thrown his weight behind Zanu
PF’s controversial indigenisation and empowerment programme, saying it was
bound to succeed despite criticism from other quarters of society.
“No one will stop this process. They may try anything, but this is something
meant to empower the indigenous people, “Sekeramayi told NewsDay in an
interview in Uzumba-Maramba-Pfungwe where preparations are underway for the
launch of the community share ownership scheme.
“Time has come for us to own resources. We should own mines and companies
because they belong to us,” Sekeremayi said.
In a veiled attack on Reserve Bank governor Gideon Gono, who in the past has
openly attacked the programme blaming it for scaring away potential
investors, Sekeremayi said: “Instead of meddling with indigenisation, they
must make sure that we are not given biltong for change when we buy in the
shops. That is their area, not indigenisation.”
Speaking at the same function, Kasukuwere said he would make sure that banks
would follow the indigenisation rules, and any bank that did not toe the
line “must pack its bags”.
“I am alive to the challenges of indigenisation and we are getting hold of
sacred areas which for long have served interests of individuals,”
Kasukuwere said.
“I will not shut up as long as banks are not indigenised. Those who do not
want banks to be indigenised are enjoying benefits on personal terms and as
long as I am alive, banks will follow the rules.
“This is not my rule, it is an Act of Parliament and banks such as Standard
Charttered must pack and go. Those who are protecting them must also go with
them,” he said.
Gono has on several occasions warned the government against its planned
seizure of majority stakes in foreign-owned banks, saying the move breached
the country’s own banking laws. - NewsDay

'War Veterans won't allow Tsvangirai to rule' - Jabu

http://www.thezimbabwemail.com/

Staff Reporter 10 hours 55 minutes ago

ROBERT Mugabe's terror group masquerading as War veterans have declared that
they will “not allow” Prime Minister Morgan Tsvangirai’s MDC to win
harmonised elections expected later this year.
Addressing journalists at Gweru Press Club last week war veterans’ leader,
Jabulani Sibanda accused the MDC leader of betraying the liberation struggle
by calling for economic sanctions imposed by Western nations against
Zimbabwe.

“You ask me what we will do in the event that MDC and Tsvangirai win
elections,” said Sibanda. “I am a revolutionary and revolutionaries do not
live by assumptions. The party must not win the elections.”

Pressed further to elaborate what he meant when he said war veterans “will
not allow any other party other than Zanu PF to win the next plebiscite”,
Sibanda said they would achieve their goal of preventing Tsvangirai from
winning without using political violence.

“War veterans do not believe in war, revolutionaries do not believe in war
but in ideas. We believe that one day ideas will overcome weapons,” he said.
“We will go out there campaigning and educating our people and come
elections day, they will know where to vote.”
Sibanda however pointed out that in any revolution, the use of arms of war
could not totally be ruled out.

“If the worst comes to the worst, our weapons will defend our ideas,” said
Sibanda, without elaborating.

Turning to corruption, Sibanda said he was opposed to the scourge adding
that Zanu PF was not corrupt but just certain individuals within the party.

War veterans have been behind Mugabe’s violent elections campaigns in
previous polls.

In 2000, they spearheaded a violent land invasion displacing hundreds of
commercial farmers and their workers resulting in food crisis in the
country. -

Zambia's ex-president Rupiah Banda arrested

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

Sapa-dpa | 25 March, 2013 15:36

Zambia's former president, Rupiah Banda, was arrested Monday in connection
with a corruption investigation into a Nigerian oil deal.

Earlier this month, parliament lifted Banda's presidential immunity,
clearing the way for him to be prosecuted for several corruption and abuse
of office charges.

He was released from police custody and is due to appear in court on
Tuesday. Banda has said the moves against him are politically motivated.

He is accused of misappropriating an estimated 11 million dollars for his
family during his three-year reign as president of the southern African
nation that is the top copper producer on the continent.

Through the oil deal, Zambia was to import crude from Nigeria. While there
were no deliveries, money was deposited into the bank account of Banda's
son, according to the allegations.

Banda lost to President Michael Sata in 2011 elections. The new government
has been pursuing the corruption investigations against the former leader
and his political allies.

Railway system near collapse

http://www.newzimbabwe.com

25/03/2013 00:00:00
     by IPS

ZIMBABWE’S rail transport system may be nearing extinction if the government
does not take drastic action to solve the series of operational challenges
that have made commuter and goods train services rare in the country.

“The railway services are certainly in crisis because they have to keep
paying about 7,000 people – most of whom have little chance of actually
earning revenue for the system. The services are a drain on the economy,”
John Robertson, a prominent economist from Robertson Economic Information
Services, told IPS.

Independent economist Richard Laiton added that there is a possibility that
it could mean the end of the country’s railway system.

“It is unfortunate that the railroad transport system is turning idle and
passive and may for the first time in history be phased out in Zimbabwe,” he
told IPS.

According to statistics from the National Railways of Zimbabwe (NRZ), just
before 2012 there were 120,000 daily train commuters countrywide. It has
since dropped by 20 percent, a figure that NRZ officials said continues to
fall.

“We used to have regular local commuter trains, but now they are rarely
available and (minibus) operators are daily milking us of our hard-earned
cash,” Dickson Chirambwi, a commuter from Harare’s Budiriro high-density
suburb, told IPS.

Fuel price hike
The recent fuel hikes have done little to ease the situation. Early this
month, Finance Minister Tendai Biti announced a 20 and 25 percent increase
in excise duties on diesel and petrol respectively as a way to raise money
to pay for elections later this year. Currently, a litre of fuel costs
between 1.53 dollars for diesel and 1.59 dollars for petrol.

Locally, minibuses charge up to 0.50 dollars per trip to and from town,
fares which often double during peak hours as operators take advantage of
desperate commuters who have little or no alternative transport. It is steep
compared to the 0.20 dollars that commuter trains charge per trip to and
from town.

But these commuter train services are now rare. Speaking to IPS on condition
of anonymity, top NRZ officials in Harare said the railway’s numerous
locomotives, wagons and coaches were now out of order, resulting in the
struggling company battling to keep most of its workers.

Disgruntled NRZ workers continually protest for increased wages and
operations at the railway are often disrupted because of this. Recent
protests over wages saw the NRZ cancelling its Bindura and Chinhoyi line.

Dabuka is a commuter train marshalling yard in Gweru and is supposed to be
the epicentre of the country's rail network, connecting trains between
Harare and Bulawayo and linking the country with Mozambique, South Africa,
Botswana and Namibia. But the centre is now desolate owing to reduced train
commuters and goods trains passing through the siding.

Robertson said that considerable funding was needed to restore the railway
services.

Economic crisis
“We also need to restore stability to many of the sections of railway after
years of neglect and we have to virtually rebuild the electronic traffic
control and signaling systems. Many of the more important technical skills
have been lost over the years of decline, so these too must be replaced. It
all adds up to a very large and very expensive challenge,” he said.

Zimbabwe is still recovering from an economic crisis. Between 2003 and 2009,
the country had one of the worst rates of hyperinflation in the world and
its year on year inflation was reported as 231 percent, forcing the central
bank to issue a 100 trillion Zimbabwean dollar note.

Zimbabwe National Chamber of Commerce economist Kipson Gundani said the
state-owned NRZ should be allowed to operate on a commercial basis.

“The NRZ suffered because of a decade-long economic crisis and doesn’t have
a profit-making intention, resulting in the pegging of fares that are not
cost-driven," said Gundani.

A development economist with the Labour and Economic Development Research
Institute of Zimbabwe, Prosper Chitambara, said the NRZ needed
recapitalisation to save it, but the government said it did not have the
funds.

The NRZ needs recapitalisation to the tune of between 300 and 400 million
dollars for upgrading and rehabilitating infrastructure, but this year the
government only allocated it 7.4 million dollars. Biti had said the NRZ
infrastructure rehabilitation and maintenance surpassed the government’s
budgetary capacity.

Businesspeople said they have also been affected by the dwindling rail
transport services.

Recapitalisation
“Business used to be more viable for me during the days when I used to
transport my tires for resell using goods trains from South Africa, but now
I have to fork out more money hiring heavy trucks because goods trains are
no longer reliable,” Brighton Mugadzi, a local businessman, told IPS.

Public relations manager for the NRZ, Fanuel Masikati, has been on record
blaming the ailing company’s poor performance on the more than 90 Bulawayo
firms that shut down last year.

But many are afraid that without trains, and with the increased transport
costs, ordinary citizens and pensioners will be strained by consequent
increases in prices of basic commodities.

Women vendors are among those hit by the reduced commuter rail services as
they used to rely heavily on the trains to get to Mbare-Musika, an old, poor
township in Harare, which has a major trading fruit and vegetable market.

“Commuter trains used to charge us 0.20 dollars per trip, but now we rarely
see them operating,” 43-year-old Margret Chihwai, a vendor and single mother
from Mufakose.

She said to get to the market now she has to use minibus and fork out one
dollar per trip during morning peak hours.
Many who once operated as vendors on commuter trains, like the blind
46-year-old Garikai Zinhu, have since plunged into suffering.

“I used to follow commuter trains on a daily basis, vending on the trains
and that used to help me sustain my family. But now I’m without means to
fend for my family,” Zinhu told IPS.

Meanwhile, industrialist Nickson Mhike said something needed to be done soon
to avoid a crisis.
“Zimbabwe may face the subsequent disappearance of commuter and goods trains
if urgent efforts are not made on time to solve the crisis at the NRZ
inflicted by a decade-long economic meltdown,” he said.

Zimbabwe’s internet crawls as undersea fibre outage enters 4th day

http://www.techzim.co.zw/

By   L.S.M Kabweza
March 25th, 2013

Zimbabwean internet providers relying on the onward fibre connectivity of
SEACOM and EASSy, two of Africa’s major undersea cables, are facing major
problems delivering internet services to customers as the the two cables
have been down for close to 4 days. According to reports, the cables were
apparently severed by ship anchors between Egypt and Marseilles on the
morning on Friday 22 March .

SEACOM confirmed today via posts on their website and Facebook. “SEACOM
continues to work to restore transmission customers across the Mediterranean
Sea” said the update on their site. There’s so far no confirmation from
EASSy on what exactly is wrong on their side, but we have sent them a
request for the information. So far however what is definite is that they
too have been affected by the outage.

In Zimbabwe, TelOne, Liquid Telecom, Dandemutande and Africom all bring in
international bandwidth via either of the undersea cables. TelOne is via
EASSy and the others feed mainly from SEACOM. Another fibre operator,
PowerTel gets its internet from the WACS cable along Africa’s west coast.
Some of the internet brought in by these operators is further sold to other
providers in the country like ZOL, YoAfrica, iWayAfrica, Africa Online,
Telecontract, Econet, NetOne and Telecel.

While just SEACOM and EASSy have been affected directly by the cable outage,
all operators are likely being affected as the rerouted traffic is an
unexpected surge in demand.

In an email to clients today, Dandemutande CTO, Collin Franco assured
clients that the company was doing all it can to deliver quality internet.
“Since full repair of this fault is likely to take approximately two weeks
we have procured alternative connectivity across the Mediterranean Sea using
a cable system that was not affected. The cost of this alternative path will
be borne by us.”  he acknowledged however that their efforts are “in a long
line of activations requested by many carriers (many hundreds of Gbps) and
is not progressing at the rate” they need. Franco says as a result of the
delays, they are also looking for other alternative stop gap connections.

An executive at PowerTel has told us today that they have received numerous
requests from local ISPs and clients looking to have their internet supplied
by the operator during this downtime. “I have numerous requests right now
that I’m approving,” said the executive, “we have not been affected by the
outage because our suppliers in Botswana use the WACS cable which is up and
delivering normally”. The additional demand from the other providers is
however likely to affect their internet quality too.

We also contacted ZOL CEO and Liquid Telecoms executive director, David
Behr, and he told us that they too were operating with a loss of capacity
due to the SEAMCOM problems. He explained however that Liquid already has
redundant links via WACS and SAT-3 and that they are able to weather such
outages by rerouting their traffic. “Fortunately Liquid Telecom and ZOL are
in a unique situation in Zimbabwe thanks to the fact that we also buy
capacity on the two major west coast undersea cables – WACS and SAT-3.  By
operating over all 4 undersea cables we are able to mitigate against these
disasters,” explained Behr.

Behr added that as they own and operate their own cables and buy dedicated
capacity directly to Europe from the undersea cable operators; “we are not
reliant on having to deal with 3rd parties in the middle – giving us faster
response time to these unfortunate cable breaks because we operate the
end-to-end capacity ourselves.”

Contacted for comment, a TelOne executive expressed that they were not
having any issues at all with their ADSL service. They however promised to
find out more information from their technical department but had not come
back to us by the time we hit the publish button. Several of their customers
however had indicated that the service has been quite slow since Friday.

Industry loses as Zimbabwe politicians argue over indigenisation spoils

http://www.bdlive.co.za/

by Dianna Games, 25 March 2013, 05:58

TALES of intrigue and political skulduggery are unravelling fast and
furiously in the streets of Harare, focused on the country’s indigenisation
programme. The saga has been dubbed "Nieebgate", a reference to the acronym
for the National Indigenisation Economic Empowerment Board (Nieeb) driving
the programme under the direction of President Robert Mugabe’s handpicked
Zanu (PF) minister, Saviour Kasukuwere.

The arrest of a prominent human rights lawyer and officials in the office of
Prime Minister Morgan Tsvangirai last week has highlighted the
spy-versus-spy scandal surrounding the government’s handling of the
indigenisation programme. Tsvangirai’s office is believed to have been
collecting information about the deals to date, which include those with
mining companies Zimplats, Mimosa, Anglo American and Caledonia and Pretoria
Portland Cement totalling a hefty $1.7bn. This appears to be the result of a
power battle in Mugabe’s Zanu (PF) party between Kasukuwere and Reserve Bank
governor Gideon Gono, according to reports. The Zimbabwe Anticorruption
Commission has been frustrated in its attempts to search the premises of
Nieeb and the Zimbabwe Mining Development Corporation.

Political patronage continues to undermine the moribund economy. Many people
point to the once empty but now groaning shelves of supermarkets to
highlight the positive economic trajectory of the past few years. However,
this also highlights what is wrong with the local economy. Imported consumer
goods have largely replaced domestic products as many industries battle to
raise capacity utilisation and reduce operating costs. Trade statistics
released this month show a growing trade deficit, with exports of $524m
versus imports of $1.3bn since January, the bulk of which were manufactured
goods for distribution and the retail sectors.

Mugabe and his ministers have criticised retailers for stocking stores with
imported goods flooding into the country from other African countries and
Asia since the end of hyperinflation.

Despite reports of millions of dollars generated unofficially from diamonds,
there is little liquidity in the economy, making it difficult for companies
to replace old equipment. Instead, factories are rationalising operations
and relocating to Harare from smaller centres to take advantage of economies
of scale.

Paper manufacturing giant Hunyani Holdings closed its operations in Bulawayo
last year, while Dunlop, one of the city’s biggest employers, has reduced
its production lines.

Food and beverages producer Dairibord is closing its Bulawayo factory,
citing viability and liquidity challenges. A government study showed that 87
Bulawayo companies had closed since 2009, mostly in manufactured clothing
and textiles and the motor industry, leaving more than 20,000 people
unemployed. Many of those people now work in South Africa.

A similar situation exists in Mutare, a city near the multibillion-dollar
diamond fields of Chiadzwa. The building that once housed Mutare Board and
Paper Mills, a regional player with about 6,000 employees, is now being used
as a school after the company folded. Afri-Safety Glass is operating at 5%
of installed capacity.

David Whitehead, a textile manufacturer that once employed thousands in
Zimbabwe’s smaller towns, is to be liquidated after collapsing under huge
debts. There are many other examples.

The government has formed a Distressed Industries and Marginalised Areas
Fund to rescue companies in Bulawayo. But of the $40m fund, less than $4m
had been disbursed by the middle of last year. The Confederation of Zimbabwe
Industries says reviving failed industries is a waste of funds as
uncompetitive factories cannot compete with cheap imports. There is a new
industrial plan on the table to double export earnings by 2016, but without
the political will to prioritise business, this is unlikely to bear fruit.

Indigenisation, say its champions, is designed to empower Zimbabweans. But
the grabbing of foreign assets in its name appears to be mostly enriching
political elites. While the politicians argue over the spoils, the
widespread disempowerment of Zimbabweans continues as thousands lose their
jobs in a rapidly informalising economy.

• Games is CE of Africa @ Work, an African consulting company.

Is Zanu pf reading too much into London visit?

Clifford Chitupa Mashiri, 25th March 2013.
For more than 10 years, no senior Zanu-pf official has had the privilege of
being hosted by the UK Government until this week’s visit by justice
minister Mr Patrick Chinamasa. He is a co-guest of the Friends of Zimbabwe
in London alongside MDC  ministers in the GNU , Mrs Priscilla
Misihairambwi-Mushonga and Mr Elton Mangoma.
But should Zanu-pf read too much into this visit? The answer depends on one’s
conceptualisation of foreign policy and the Zimbabwe crisis.
For propaganda purposes, the former ruling party has always tried to project
the Zimbabwe crisis as a problem between Britain and Robert Mugabe’s seizure
of white-owned farms.
While that is an outstanding issue, Zanu-pf has shrewdly pushed the problem
of poor governance, political violence, human rights abuses, and electoral
fraud to the background, presenting them as unjustified claims by civil
society that should be ignored, urging for ‘business as usual’ with
whichever foreign government is willing to listen.
Despite the invitation having been sent to the three ministers from three
parties in the GNU, Zanu-pf has not given up on writing home about the
letter from London seeing it as some kind of a party victory on British
foreign policy.
That remains to be seen. But who knows, with national interests or more
precisely economic interests dictating political decisions more than human
rights issues, one could excuse the former ruling party’s rather “pre-mature
judgement” or wishful thinking.
Obviously, the granting of bail to human rights lawyer Beatrice Mtetwa ahead
of the London meeting lends credibility to accusations of a politicised
judiciary given that the ZRP was adamant that the distinguished lawyer
remains incarcerated until 3rd April 2013.
Hopefully, the Friends of Zimbabwe will recall how a BBC crew was subjected
to unprovoked violence in Harare before the referendum proving that not only
opposition activists are potential victims of political violence in Zimbabwe
ahead of harmonised elections.
In other words, the Friends of Zimbabwe should make all offers of help
conditional on the holding of  peaceful, free and fair elections that are
monitored by international observers from the EU, UN, AU and  SADC among
other bilateral delegations.
Also, it is hoped that other GNU parties have realised by now how the
international community takes them seriously whenever  they shower Robert
Mugabe with praises only to lose face when Zanu-pf rewards their
conciliatory stance with political harassment through arrests on trumped-up
charges.
Maybe the MDC formations should request the Friends of Zimbabwe in the
presence of  Zanu-pf’s pointer man for help in drawing up credible security
sector and media reforms ahead of harmonised elections, to avoid being
accused of taking sides with western countries.
Clifford Chitupa Mashiri, Political Analyst, London,
zimanalysis2009@gmail.com

Bill Watch 10/2013 of 25th March [Next Step towards New Constitution - Enactment by Parliament]