The ZIMBABWE Situation | Our
thoughts and prayers are with Zimbabwe - may peace, truth and justice prevail. |
Mudede has appealed against the judgement delaying the
transfer of the
materials to the capital. Civic groups believe the RG's
refusal to move the
materials leaves them liable to
interference.
Mudede's attempt to destroy the election materials last
September on the
pretext that he needed the ballot boxes for local government
elections was
blocked by the High Court after opposition from the Movement
for Democratic
Change (MDC). The MDC argued that destruction of the papers
would be
prejudicial to their petition challenging the result of the March
2002
presidential poll. Justice Anele Matika ruled that Mudede could use
the
boxes but said he should not destroy the papers.
The petition
is scheduled to be heard next month but MDC lawyers would like
the election
materials brought to the capital prior to the hearing.
According to
Section 78 of the Electoral Act constituency registrars should
enclose in
separate sealed packets counted and rejected ballot papers as
soon as
possible after polling. The materials should then be transmitted
to
Harare.
This has not happened and the materials have remained
in the provinces, most
of which are in ballot boxes stored at schools and at
rural district offices
which sometimes double up as Zanu PF
offices.
Observers this week said there was a high likelihood that
the materials
might fall into the hands of the militia.
Last
November Mudede filed an application in the High Court saying his
office did
not have the resources to move the materials. Justice Anne Marie
Gowora
dismissed the application saying the transfer of the materials was a
general
function of the RG's office and should be carried out.
The German parliament yesterday stepped up censure
of events in Zimbabwe
during debate on an all-party motion tabled in the
lower house earlier this
month.
In their strongest remarks yet,
German MPs said government must halt its
clampdown on democratic opposition
and stop human rights abuses and misrule.
The legislators said
Zimbabwe should cease its campaign to "brutally combat
the opposition and
criticism with the support of security and
military
forces".
German MPs urged the federal government to use
its position in the United
Nations Security Council "to have the Zimbabwe
crisis put onto the agenda to
rein-in the conflict in the region and to bring
it closer to a solution".
The United States this week warned Harare
against state-sponsored violence
in the country.
State Department
spokesman Richard Boucher accused President Robert Mugabe
of fanning the
"upsurge in unprecedented official violence".
"The US demands that
the Zimbabwe government immediately cease its campaign
of violent
repression," he said. "The Zimbabwe government must also act to
identify and
bring to justice the perpetrators of these serious and
widespread human
rights abuses."
Australian Foreign minister Alexander Downer on
Wednesday also condemned the
ongoing repression.
"The government
is appalled at the unprovoked, violent repression and
intimidation that is
taking place in Zimbabwe," he said.
Downer said Australian diplomats
in Zimbabwe had "witnessed first-hand the
result of several vicious beatings
by army personnel, including beatings
with sticks wrapped in barbed
wire".
"In addition to an escalation in violent repression, the
regime continues to
encourage systematic harassment of the opposition,
electoral malpractice and
corrupt legal processes," Downer
said.
"The government demands that the Mugabe regime ceases this
campaign of
repression and bring to justice those people who are responsible
for it."
South African President Thabo Mbeki told parliament in Cape Town
on
Wednesday that Pretoria was opposed to Harare's repressive
agenda.
"We are dealing with that question with the Zimbabwean
government," he said.
"Indeed, we have said to the Zimbabwean government that
we would not agree
with actions that deny the right of Zimbabweans to protest
peacefully,
democratically and so on."
A ruling African National
Congress MP, Pallo Jordan, said it was a "scandal"
that Zanu PF was now
undermining democracy when it apparently fought for it.
He said the
ANC had warned Zimbabwean parties against "subversion of the
rule of law" and
"the temptations of recklessness that could easily
precipitate armed
conflict".
The report singled out Chinhoyi MP and Zanu PF Mashonaland West
chairman
Philip Chiyangwa, Mashonaland West governor Peter Chanetsa and
Local
Government minister Ignatius Chombo as being at the centre of the
wrangle.
The report said the squabbles are retarding development. In
the Nyabira area
of Mashonaland West almost 90 farms have remained
unallocated for two years.
Investigations by the Independent reveal
that the dispute has drawn in
Minister of Youth Development and Mashonaland
West governor, Elliot Manyika,
and leaders of the war veterans, Endy Mhlanga,
Patrick Nyaruwata and Mike
Moyo.
Nyaruwata, the war veterans
national chairman, confirmed there were problems
in the
area.
"There are problems that are still being experienced in that
area," he said.
Nyaruwata blamed the squabbles on politicians in
Mashonaland West province.
"There are some politicians in Mashonaland
West province who wanted to use
their political muscle to bar other people
from acquiring land in the
Hunyani and Gwebi area.
"They argued
that priority should be given to people from that province only
and we told
them that the land was for all Zimbabweans."
Nyaruwata acknowledged
that failure to solve the crisis was detrimental to
farming
activities.
A commercial farmer in the area said the equipment on the
farms triggered
the scramble.
"The few of us who are still on the
farms have been confined to our houses,"
said the farmer.
"The
area at the moment is almost sealed off as these factions have guards w
ho do
not allow people to visit the area.
"Nyabira used to be a very
intensive farming area where crops such as wheat,
maize and soyabeans were
grown on a rotational basis," he said.
"But the new settlers seized all
the farming implements."
A source in the Ministry of Agriculture said
production in the farming area
has almost come to a halt as a result of the
stalemate.
"The area in question lies between Mashonaland West and
Mashonaland Central
and this explains why there is all this confusion," the
source said.
"The Ministry of Agriculture is settling A2 farmers and
the two governors
are coming in with their A1 farmers. War veterans have also
come into the
picture claiming that they have jurisdiction over all areas
within 30 km of
Harare," the source said.
The Zimbabwe
Independent has heard that some members of the ZCBC argued that
confronting
President Mugabe could cause trouble and possible retribution.
A
source has confided to the Independent that a small informal meeting
on
February 7 discussed the regional bishops' statement and was worried that
it
could cause problems for them.
But ZCBC secretary-general
Godwin Nyatsanza said he was not aware of any
complaints to the
SACBC.
He said: "What I know is that they made their statement after
their meeting
and faxed it to us but anything more than that I don't
know."
Head of the SACBC justice and peace department, Fr Gabriel
Neville, this
week said no agreement was breached because the statement only
commented on
the Zimbabwean situation in relation to the South African
government.
He said: "Normally, no bishops' conference would comment
on the situation in
the territory of another bishops' conference without
being asked to do so by
that conference or following the lead of the bishops'
conference in that
region.
"However, the situation in Zimbabwe is
a very big issue in South Africa and
we as the SACBC had to comment on it in
relation to our own government. "In
addition, we have been receiving many
requests for solidarity from groups
and individuals in
Zimbabwe."
Asked if they had received a com-plaint from Zimbabwe he
said: "I am sorry I
have no mandate to say more than I have
said."
Issued at the end of the plenary meeting in Pretoria on
February 6, the
statement called on the South African government to intervene
in Zimbabwe to
combat possible civil unrest and stall state
terror.
It said: "The Zimbabwean crisis requires urgent and direct
intervention by
the South African government, in the same way that the
government has played
a leading role in the resolution of other political
conflicts on the African
continent.
"However, the South African
government has consistently snubbed calls for it
to play a more active role
in exposing the abuses that now characterise
Zimbabwe's political life and to
take action to avert a further catastrophe
in our neighbouring
country."
The
motion, tabled on February 13, referred to the current political and
economic
crisis in Zimbabwe and spoke of the need to prevent terror,
genocide and
starvation. It condemned political repression and economic
vandalism in the
country.
Other parties subsequently introduced similar motions. As
result, a unified
motion by five parties - the CDU/CSU, the ruling Social
Democratic Party
(SPD) and its junior partner, the Green Party, and the
opposition Free
Democrats - was agreed on March 12. It was debated in the
Bundestag
yesterday.
This has fuelled the low-intensity diplomatic
conflict between the two
countries. The situation deteriorated dramatically
after Zimbabwe reacted
indignantly to the initial motion.
The
ambassador, thought to be acting on instructions from Harare, dispatched
a
vitriolic letter on February 14 accusing the CDU of "colonial nostalgia"
and
"ganging up" with British MPs.
It said the embassy was "filled with
utmost disgust and horror at the
display of the imperialist and colonial
mentality among the top ranks of
Germany's political
establishment".
The outburst is understood to have led to German
president Johannes Rau
postponing the presentation of Muvingi's credentials
which had been due to
take place on March 12.
It is understood
Rau's office informed Muvingi after the letter that she
would be accredited
at a later date, a move seen as a rebuke.
But a source yesterday said she would now be received today.
Muvingi has been waiting for an
appointment since she arrived in Germany in
January.
German
ambassador to Zimbabwe Peter Schmidt confirmed the parliamentary
motions and
Harare's backlash.
Before she went to Berlin, there was drama at a
dinner party on December 12
hosted at Schmidt's Chisipite home for Muvingi
attended by a visiting
official from Berlin.
Sources said Central
Intelligence Organisation officers tried to gatecrash
the party in a bid to
flush out a visiting German humanitarian assistance
official from the
Ministry of Development & Cooperation who they claimed was
"persona
non-grata".
"The officers arrived at the party and interrogated
drivers of the guests
about the occasion and asked who were attending," a
source said. "But they
went away before the ambassador could talk to
them."
UNDP representative Victor Angelo is understood to have
intervened to
prevent an embarrassing incident.
After this
episode, the German embassy protested at a bilateral and European
Union level
about what it viewed as blatant breach of the Vienna Convention
which
regulates diplomatic relations between countries.
Harare promised to
investigate but no response has been given as yet.
German MPs said their
unified parliamentary motion tabled on March 12 was
aimed at "maintaining
pressure on Zimbabwe to avoid destabilisation of
Southern
Africa".
The legislators have urged Chancellor Gerhard Schroeder's
government to step
up pressure on Zimbabwe to change course. The draft
Bundestag motion also
urges Berlin to work with Southern African Development
Community countries,
especially South Africa, to "exert pressure on the
government of Zimbabwe to
achieve a policy change in the direction of the
rule of law, democracy and
rehabilitation of the agriculture
infrastructure".
It says the rule of law in Zimbabwe has been
undermined by "massive
violations of human rights, corruption and clientelism
which are fundamental
components of (President Robert) Mugabe's
system."
"The regime brutally combats opposition and criticism with
the support of
security and military forces and youths who have been trained
in military
camps," the motion says.
Muvingi accused the MPs of
"gross misrepresentations". But the Germans
insist Harare's repression is
simply untenable.
"If government ignores the ultimatum it
would be declaring war against the
people," Nyathi said. "The consequences of
such a move would be serious."
The MDC gave government a March 31
deadline to restore the rule of law, end
violence and human rights abuses,
and release all those detained for
political reasons.
However,
President Robert Mugabe scoffed at the MDC, saying his government
would not
yield to demands of "students of the white man".
Information minister
Jonathan Moyo bluntly described the ultimatum - and its
author - as
"stupid".
But Nyathi warned Mugabe's refusal to stop ongoing
repression was a
provocation of an already restless
population.
"By refusing to abandon repression in order to continue
his tyranny, it
means Mugabe is simply saying he wants to confront oppressed
Zimbabweans,"
he said.
"Let him be warned that Zimbabweans have a
long history of resisting
dictatorship. They did so in the past and they will
certainly do so now."
The MDC national executive met on Sunday to
review the stayaway and map a
way forward. It resolved to fight on despite
intensifying state-instigated
retribution against its members after the
industrial action.
Zanu PF's politburo on Wednesday resolved that
government should intensify
its crackdown against the MDC, claiming the
opposition was causing violence.
This seemed inspired by Mugabe's vow
last Friday that his government would
crush the MDC.
On this
weekend's by-elections in Harare, Nyathi said the MDC was poised to
retain
the seats "to maintain our undisputed dominance in urban areas" and
in the
process prevent further consolidation of the current
dictatorship.
Zanu PF takes on the MDC in the key by-elections in Highfield and Kuwadzana.
The by-elections are the first urban
parliamentary polls since the 2000
general election.
Finance manager of the
housing co-operative, Richard Zacharia, said they did
not recognise the order
because they were not occupying Echo Farm, but an
adjacent farm called
Acorn.
"Those people want to tarnish our image by publishing
untruths," Zacharia
told the Zimbabwe Independent last week.
"We
are aware that we are in a protracted struggle with enemies of the
land
reform and we can assure you that we will win," he said.
"We
did not even bother to attend the court hearing because we are not at
all
occupying that farm."
Andrew Logan of the law firm Wintertons,
representing the owners of the
property, Gilson Enterprise Pvt Ltd, said the
settlers' occupation of the
private property was illegal.
"Any
persons who have purchased stands on the property known as the
remainder of
Echo will be evicted in due course by the Deputy Sheriff in
terms of the
order granted by the High Court," said Logan.
Zacharia said his
cooperative had a membership of 2 500 and they were still
taking in more
people.
On February 5 this year, the High Court (case number
HC10345/02) granted an
order to Gilson Enterprises instructing the settlers
to stop all
developments and vacate Echo Farm. In an advertisement in a local
weekly
newspaper, Gilson's lawyers said: "Sally Mugabe Heights does not
own
property and is not authorised to sell stands located on the
property.
The public are warned that no purported purchases of stands on
the property
will be recognised by the true owner of the
property."
The war veterans are selling half-acre stands in the prime
residential area
for a give-away price of $810 000 plus $1 000 per month
levied as an
administration fee. Members of the co-operative will also pay a
once-off
$107 000 for the construction of the main access road. Stands in the
area
are valued at $20 million for half an acre.
The Independent
last week visited the office of the sellers on the fourth
floor of Memorial
Building in Samora Machel Avenue in central Harare and
found the office
congested with people inquiring about the stands and others
making
payments.
Moyo
is the architect of the contentious Access to Information and
Protection of
Privacy Act under which over a dozen journalists from the
privately-owned
media have been arrested and charged by the police. He is
also the brains
behind the Broadcasting Services Act under which the ZBC is
the sole public
broadcaster.
Meanwhile, Qatar-based Al Jazeera television, which
beams into 35 million
Arab homes, also received an award from Index on
Censorship on Wednesday for
its resistance to censorship.
The
accolade was given for Al Jazeera's "apparent independence in a region
where
much of the media is state-run". - Staff Writer/Reuter.
In hard-hitting
remarks forming part of his Supreme Court application filed
earlier this
month and reported in the Zimbabwe Independent, Paradza
described the conduct
of the two most senior members of the bench as
"completely
unacceptable".
"I would have expected them to protect the integrity
of the bench by
insisting that there was no need for my arrest and being
placed on remand
without the correct procedure being followed.
"I
can only assume that they did not do so for fear that they would fall out
of
favour with the executive," he said. "In so-acting they have
indeed
compromised the independence of the judiciary."
Legal
experts this week said if Chief Justice Chidyausiku was to hear the
case with
other judges of appeal he would have to make a ruling in a matter
in which he
was an interested party.
Legal expert Lovemore Madhuku on Wednesday
said, ethically,
Chidyausiku should not sit in the case.
"The
Chief Justice can on his own accord recuse himself from the case and if
that
does not happen, the applicant can make an application for recusal,"
said
Madhuku.
He said in the event of Chidyausiku not recusing himself,
Paradza could make
an application to the Supreme Court on the day of the
hearing and the case
would be put before the bench.
He said in the
event that Chidyausiku decided not to sit in the case,
President Mugabe would
be required to appoint an acting Supreme Court judge
as a replacement. The
full bench of the Supreme Court should hear all
constitutional
cases.
"There is however no precedent. That has never happened in
Zimbabwe," said
Madhuku. Justice Paradza's lawyer Jonathan Samkange of Byron
Venturas would
not comment on the case saying it was
sub-judice.
"Huge amounts of money have started pouring into South Africa
and Mozambique
for the development of infrastructure agreed when the
trans-frontier park
agreement was signed," sources said.
The
transfrontier park is made up of Kruger National Park in South
Africa,
Gonarezhou in Zimbabwe and Gaza in Mozambique. If completed the park
will
occupy 3,6 million hectares.
Last September Germany donated
five million Euros to both South Africa and
Mozambique for infrastructure
developments. Many other donors are reported
to have responded positively to
the two countries but Zimbabwe has been left
out.
Among the major
infrastructure developments needed, Zimbabwe had agreed to
construct a bridge
across the Limpopo. It had also undertaken to refurbish
and build lodges and
chalets at selected areas in Gonarezhou.
Zimbabwe fell out with the
donor community when war veterans and Zanu PF
supporters launched the often
violent farm invasions in 2000.
The impasse worsened when the
invaders occupied national parks,
conservancies and Campfire projects with
government endorsing the invasions.
In June last year the Independent
reported that government had resettled
about 750 families on 11 000 hectares
inside Gonarezhou. People have also
invaded conservancies such as Save,
Midlands, Malilangwe and Bubiana as well
as
Mungwezi.
Angelo said only when an agricultural
survey had been done would it be
necessary to hold an international land
donors' conference.
"First things first. I trust that donors would be
very supportive of a
well-designed and properly implemented survey of the
agricultural situation,
and before this has been achieved, we can't even talk
about the next step,"
said Angelo.
The survey would be aimed at
finding solutions to the problems faced by the
displaced farm workers and the
resettled farmers who are threatened with
starvation and
disease.
"The survey is an absolute necessity if we are to plan
appropriately for
future assistance. The survey will also be a test of our
ability to access
these areas. If we do not reach the very persons who are in
need of our
help, this creates a major impasse," said
Angelo.
Angelo said there was need to assess the impact of changes in
land ownership
over the past three years with a view to assisting the victims
of the land
reform exercise. He said already there were indications that some
of the
intended beneficiaries of reform were left out.
He said the
UNDP planned to kick-start its own survey "very, very soon" and
was inviting
interested parties on board. The survey would help find
solutions to
Zimbabwe's long-term needs.
He said the UNDP plans to initiate
projects which will assist the affected
families once the survey has been
carried out.
Without disclosing the penalty
impositions, the ZSE says it will now clamp
down on those firms not adhering
to the international requirement.
All financial statements are supposed
to conform to International Accounting
Standard (IAS29): "Financial Reporting
in Hyperinflationary Economies".
Hyperinflation was formally
identified in Zimbabwe in November 1999 and the
bourse immediately decided to
adopt the international reporting requirement.
Since 1999 Zimbabwe's
inflation has soared from about 20% to 220,9% at
present, making some of the
billion-dollar figures earned by firms
"meaningless" when hyperinflation is
taken into consideration.
Economists predict that inflation will
surpass the 450% figure by the end of
the year.
In an interview
this week ZSE consultant Anthony Barfoot said: "We will be
dealing with
listed firms who are not using hyperinflation in their results.
We have
told them before. It's just that the situation is a bit of a problem
because
of the way inflation is continuously changing in Zimbabwe."
Barfoot
said about 20% of listed firms were still not using hyperinflation
in their
reports.
Financial institutions such as NMB, Kingdom, Trust and First
Banking
Corporation have, however, adhered to the IAS29 regulations. Some
industrial
firms such as Chemco and Clan on the other hand have not adhered
to IAS29,
saying this would not result in a fair presentation of their
financial
positions.
Clan said inflation-adjusted fina-ncial
statements would be presented with
their annual report, while Chemco in its
results for the period ended
October 31 2002 said the exercise was "costly"
and "not useful".
The excuse is that there is no diesel and refuse trucks need
repairing. But
other businesses are coping with fuel shortages - admittedly
with
difficulty - and the trucks can be fixed. A more plausible explanation
can
be found in the territorial disputes that have erupted since
Mudzuri
extended the contracts for refuse collection to companies not
associated
with Zanu PF.
This has led, I gather, to disputes over jurisdiction.
We carried details in this newspaper on March 14. The
new contractors have
been given 90 days to procure equipment and start
collections. That takes us
through to the end of May. The established
collectors - ie Zanu PF-related
companies - were supposed to continue
collecting in their old jurisdictions
up until then. But they are sulking.
They are unhappy about having their
turf - and therefore their incomes -
reduced by a more equitable sharing of
the refuse cake.
Mudzuri
appears paralysed by this stayaway. He should move swiftly to
penalise
companies refusing to collect rubbish. One of the primary functions
of any
city council is refuse collection. Public health is under threat
from
uncollected rubbish. It is also unsightly. Instead of allowing the
strike to
continue, Mudzuri should immediately suspend the contracts of
those
companies refusing to accept the new order.
There are many
ways in which Zanu PF is resisting the democratic election of
a mayor who
represents the majority of people in the capital. This is one of
them and it
needs to be exposed. The mayor should name and shame those
companies refusing
to do their job.
Meanwhile, it is evident that Zimbabwe is running
out of fuel. Allocations
to garages have been steadily reduced. As our
front-page story revealed last
week, the Libyans and others are reluctant to
agree to any deal that places
them at a disadvantage because of the
unrealistic exchange rate. Also, they
want to be paid on time. As the
Iranians we interviewed suggested, countries
that prove unreliable customers
are unlikely to have contracts renewed.
Furthermore, Eskom and
Mozambique's power utility HCB want to be paid what
they are owed. Zesa
simply doesn't have the forex. Government can't help and
attempts to charge
customers exorbitant amounts in forex are likely to meet
a brick
wall.
None of this is the product of an international conspiracy.
Very simply Zanu
PF policies have sabotaged the country's means of earning
forex. Export
commodities have been the chief victims of chaotic land
seizures.
Zimbabwe's once lush and fertile agricultural estates lie idle
as we pay the
price of wanton vandalism by the country's political elite and
their militia
henchmen. Then there are policies that prevent companies
recovering the cost
of their operations.
Populism has its price
and we are all paying it in the form of fuel
shortages and very soon power
cuts. It's no good blaming foreigners who are
understandably reluctant to
throw good money after bad. The buck stops at
State
House.
A worker removed the four bottles from my
trolley, took them away and
returned the wine with the price of $6 820
scratched out and $1 600 written
on the ticket.
He informed me
that an error had been made for which he apologised.
I discovered the
next day that the price of bottles remaining on the shelf
had not been
changed!
Is there an ulterior motive for local branch management of
TM Stores to
super-inflate prices of popular products or is it a company
policy?
Whatever the reason, it stinks.
Estelle
Scheijde,
Bulawayo.