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NCA lodge Supreme Court appeal over referendum

http://www.swradioafrica.com/

By Tichaona Sibanda
1 March 2013

On Friday the National Constitutional Assembly (NCA) lodged a Supreme Court
appeal against the High Court ruling dismissing their application to
postpone the date for the referendum.

The NCA, led by Professor Lovemore Madhuku, are contesting the decision by
President Robert Mugabe to set the referendum date for March 16th arguing
that it is too soon and denies citizens the time to study the draft
Constitution.

In their High Court application the NCA had argued that Mugabe acted
‘arbitrarily, irrationally and grossly unreasonably.’

But on Thursday Judge President George Chiweshe dismissed the application,
ruling that the President had the power to set the referendum date and that
no court of law could review or scrutinise his decision. Chiweshe is the
same judge who delayed the results of the 2008 presidential election.

NCA spokesman Blessing Vava confirmed to SW Radio Africa that their lawyers
had successfully filed the appeal to the Supreme Court. The constitutional
pressure group is seeking an extension of at least two months for the date
of the referendum.

Vava said they strongly feel that Zimbabweans should be given adequate time
to scrutinise the draft constitution and be allowed to make an informed
decision on what they will be voting for.

The group argues that the move to have the referendum in just two weeks time
is a ploy by the parties in government to deny Zimbabweans a chance to
scrutinise the flawed and undemocratic draft which they authored.


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Mugabe can't be challenged in court: Judge

http://www.zimdiaspora.com

FRIDAY, 01 MARCH 2013 09:32

Judge President George Chiweshe yesterday dismissed an application by
National Constitution Assembly (NCA) leader Lovemore Madhuku to stop the
March 16 referendum on the new constitution saying President Robert Mugabe’s
proclamation cannot be reviewed by the courts.

The NCA approached the High Court last week seeking to force Mugabe to
postpone the referendum, arguing people had not been given enough time to
study the draft.

Mugabe gazetted the date for the referendum on February 15, but Madhuku in
his application argued that at least two months were needed for Zimbabweans
to study and understand the draft.

“By virtue of the provisions of Section 31K (1) of the Constitution of
Zimbabwe, the powers conferred upon the first respondent (Mugabe) in terms
of Section 3 of the Referendum Act (Chap 2:10) are not justiciable,” Justice
Chiweshe ruled.

“Consequently, it is ordered that the application be and is hereby dismissed
in its entirety.”

The Attorney-General’s Office last Friday argued that the High Court had no
jurisdiction to preside over the case even if Mugabe’s decision infringed on
citizens’ rights.

Advocate Prince Machaya said the courts “had no powers to question or
decide” over Mugabe’s decisions.

Principals in the inclusive government agreed on the date of the referendum
after prolonged negotiations.

Copac this week launched a nationwide awareness campaign on the new
constitution ahead of the referendum. The meetings are being addressed by
MPs from the three parties in the inclusive government.

MDC-T House of Assembly chief whip Innocent Gonese yesterday said it was
important for the process to be wrapped up quickly to allow the committee
set up to align the country’s laws to the proposed constitution to complete
their work before the elections.

Speaking during a Copac feedback meeting on the draft charter in Greendale,
Harare, Gonese — who is also the legislator for Mutare Central — said all
laws that contradict the new constitution will be repealed.

“There is a committee looking at all the laws,” he said.

“Those that are not in line with the new constitution will be amended.

“The Constitutional Court will also be empowered to strike off sections of
the laws that are not in line with the new constitution.”

Gonese said some provisions in the charter will only start applying when a
new government takes over.

“For instance, the Peace and Reconciliation Commission will only be set up
by a new government (after elections) because there is no time to set it up
and operationalise it before the elections,” he said.

He also explained that the concept of running mates in presidential
elections will not apply during the forthcoming elections, but will be used
in future polls.

“The running mate provision will not work at the moment. It was a
compromise. It will only start applying when the new president takes over,”
Gonese said.

“When the president fails to last the term, the first mate will take over
until the next elections. This will be a provision for posterity.”

In response to questions raised about the fate of the current constitution,
Gonese said once the new governance charter was approved, the charter “will
be thrown into the bin”.

Gonese encouraged the 50 people who attended the meeting to vote for the
draft constitution - Newsday.


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Police raid Radio Dialogue studios, seize 180 radios

http://www.swradioafrica.com

By Alex Bell
01 March 2013

On Friday morning police in Bulawayo continued their countrywide campaign to
seize ‘illegal’ radios, by raiding a local community radio station and
seizing more than 180 wind-up radio sets.

The police raided the Hillside based Ingwe Studios, a subsidiary of the
community radio station initiative Radio Dialogue. The officers, armed with
a search warrant, scoured the premises and seized the wind-up radio sets.
They also detained Radio Dialogue programming head Zenzele Ndebele and held
him for questioning for most of the day.

According to Ndebele’s lawyer, Kucaca Phulu, his client was charged with
possession of ‘smuggled’ radios, as well as possessing a radio receiver
without a ZBC license. He was interrogated about the source of the radios,
which were recently declared illegal by the police.

By the end of the day there were indications that Ndebele would be released
from detention, with his lawyer stating that they were just waiting to sign
a warned and cautioned statement.

This police campaign follows an announcement made Monday by Innocent
Matibiri, the police deputy commissioner, who told a parliamentary meeting
that any individuals involved in the distribution of ‘illegal’ radios would
be arrested.

Last week Charity Charamba, the police chief spokesperson, said they had
already confiscated “specially designed radios” from the offices of the
Zimbabwe Peace Project. This followed a raid on that group’s Harare offices
and the seizure of solar powered radio sets. Charamba accused the group of
possessing “gadgets that it is using to promote hate speech against certain
political parties.”

That statement by Charamba was quickly followed by a raid on the Bulawayo
home of an MDC-T official, Luveve MP Reggie Moyo. Heavily armed police
officers led the raid, looking for alleged “subversive, military and
communications material”.

SW Radio Africa’s Bulawayo correspondent, Lionel Saungweme, reported that
there is growing tension in and around Bulawayo, with most residents
convinced that this latest campaign by the police is meant to do nothing
more than intimidate people ahead of elections.

“Basically people feel that the police are riding roughshod over their
rights, and it is causing fear and concern with elections coming soon,”
Saungweme reported.

He added: “This appears to most to be a deliberate attempt to prevent people
from accessing information, from radio stations like SW Radio Africa.”


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Police go door-to-door searching for radios

http://www.swradioafrica.com/

By Tichaona Sibanda

1 March 2013

On Friday police in Rusape went door-to-door to houses belonging to known
MDC-T supporters, in search of shortwave radios. But the MP for Makoni South
said they found nothing.

Pishai Muchauraya said the morning raids saw police officers go in groups of
three to MDC-T homes in Gandanzara, ‘demanding radios distributed by Pishai.’

The MP said the orders given to the police to mount these raids could only
have come from a political party that has failed.

‘Madofo vanhu veZANU PF, (those ignorant people from ZANU PF) they think
radios will make them win elections. In each of the house they went, the
police said they were looking for radios that were distributed by me as if
they ever saw me giving it the radios,’

‘These are desperate measures from a desperate party that is headed for a
crushing defeat at the polls, barring any political violence,’ Muchauraya
said.

Last week the police ordered a ban on the possession of shortwave radios,
saying they are being used to communicate hate speech ahead of next month’s
constitutional referendum and elections set to be held later this year.

Wind-up, solar-powered radios sets have been distributed by some NGOs to
rural communities, where villagers have established listening clubs to tune
in to popular independent stations such as Studio 7 and SW Radio Africa. The
broadcasts are produced by experienced exiled Zimbabwean journalists based
in Europe and the US.


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Onslaught on ownership of radios shows ZANU PF is afraid

http://www.swradioafrica.com

By Nomalanga Moyo
01 March 2013

Media organisations in Zimbabwe have described the ongoing police ban on
shortwave radios as “an onslaught on freedom of information” and a “gross
violation of citizens’ rights” ahead of crucial polls.

The ban was announced on February 19th by Assistant Commissioner Charity
Charamba, who claimed that the radios would be used to communicate hate
speech ahead of this month’s constitutional referendum and elections set to
be held later this year.

Media rights campaigners have condemned the escalating clampdown, saying the
timing points to a determination by ZANU PF to prevent Zimbabweans from
making informed choices in the forthcoming elections.

Patience Zirima, coordinator at the Media Alliance of Zimbabwe (an umbrella
group of journalists and editors), said there was no law in the country that
prohibits anyone from possessing and distributing radio receivers.

She said: “Unless the police are a law unto themselves, owning the radio
sets is not illegal, and confiscating them is a gross violation of citizens’
rights to receive and impart ideas and information without interference, as
enshrined in section 20 of the constitution.”

Zirima added that the ban is exposing the hypocrisy of ZANU PF, which had
relied on shortwave radios to disseminate information and to mobilise
Zimbabweans against the colonial regime during the liberation struggle.
Earnest Mudzengi, director at the Media Centre, said the contempt for the
constitution is nothing new and has always surged around election time.
“The current wave of attacks on free speech is not surprising, this is the
season. ZANU PF is simply ensuring that the environment permits it to win
and the police are simply being used as foot soldiers.

“The police know that they are acting illegally, that is why they have
changed their reasons and are now claiming they are confiscating the radios
because they were smuggled into the country.”

Mudzengi said the timing also suggests that ZANU PF is desperate to control
what information gets to the people, by confining their access to
state-controlled ZBC propaganda only.

“ZANU PF is aware of the power of radio to dislodge unpopular regimes and
that is why they are closing every possible avenue that has the potential to
enlighten ordinary Zimbabweans.

“They know enlightened citizens make clever political choices,” Mudzengi
added.


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Zim election violence divides Cabinet

http://mg.co.za/

01 MAR 2013 10:42 - INYASHA CHIVARA

A Cabinet meeting this week turned ugly as Zimbabwean ministers laid into
each other over claims of violent attacks against opponents.

The death of a 12-year-old boy, allegedly killed by members of President
Robert Mugabe’s Zanu-PF party, turned a Tuesday Cabinet meeting into a
shouting match as ministers accused each other of orchestrating acts of
violence against opponents. The altercation lasted for close to four hours.

Christpower Maisiri was killed in an arson attack in the eastern Manicaland
province. Four of his family members narrowly escaped the inferno, which
razed the house to the ground.

Christpower’s father, Shepherd Maisiri, is the Movement for Democratic
Change (MDC) organising secretary for Headlands and an aspiring legislator
in the coming elections.

In a statement, the MDC accused five Zanu-PF officials of being behind
Christpower’s death.

Finance Minister Tendai Biti allegedly led a blistering attack on fellow
Cabinet ministers during the meeting on February 26 and accused Zanu-PF
Minister of State for Presidential Affairs Didymus Mutasa of organising
terror groups to instil fear in opponents in his Headlands constituency.

Transport and Communications Minister Nicholas Goche also came under attack
for allegedly mobilising youths who are terrorising villagers in the
northern Mashonaland Central province.

“[President Robert] Mugabe was stunned. He never said anything, and was
taken by surprise. The Cabinet agenda was ignored. Biti was in a fit of
rage, pointing fingers,” said a minister who attended the meeting. “Mutasa
was shell-shocked. He thought Mugabe would come to his aid. Mugabe listened
attentively but remained quiet.”

'Back to its old ways'
Addressing the Crisis Coalition, a human rights lobby group in Harare on
Wednesday, the leader of the smaller faction of the MDC, Welshman Ncube,
expressed worries about the “resurgence of violence” and made reference to
the turbulent Cabinet session.

“The tragic and horrifying murder of the young boy is the most traumatic,”
Ncube told the group.

He said the Central Intelligence Organisation was “back to its old ways” of
“abducting and terrorising people for organising party activities”.

“Zanu-PF officials are going around ransacking homes,” Ncube said.

But he also said that the Cabinet meeting had reached a general consensus
that violence must be stopped and “the police need reminding “time and
again” not to engage in violence.

“Ministers thought to be sponsoring violence were asked and openly told they
are merchants of violence,” Ncube said.

During the Cabinet session, MDC Regional Integration Minister Priscilla
Mushonga presented Mugabe with a radio, the same kind of device that is
being seized by police in a crackdown in the rural areas, as a belated
birthday present.

“I hope the police are also not going to arrest you for possessing that
piece of furniture,” Mushonga said to Mugabe, who initially looked at the
gadget as though wondering whether it was a genuine present.

The police this week told a parliamentary portfolio committee that they have
banned people from possessing the shortwave radio receivers, which are being
handed out by non-governmental organisations in rural areas, because they
promote hate speech.

Radio receivers seized
The United Nations’s humanitarian news and analysis service, Irin News,
reported that these organisations have long distributed radio receivers in
rural areas, and villagers have set up “listening clubs” at which they tune
in to popular independent stations such as Voice of America and Studio 7,
whose broadcasts are produced by exiled Zimbabwean journalists based in
Europe and the United States.

But deputy police commissioner General Innocent Matibiri told the committee
that the police were “not satisfied with the manner in which the gadgets
[radios] were getting into the country” and that “it would be laxity on our
part if we see these things getting donated.

“This is an unusual kind of generosity taking place. We can’t say these are
just for communication purposes ... Why all of a sudden have you decided to
be generous as to go into the rural areas distributing radios,” Matibiri
said.

In the Midlands and Masvingo provinces, police are reportedly going on a
door-to-door campaign, seizing and arresting people in possession of the
radios.

Ministers who attended the Cabinet meeting said Mugabe told the meeting he
saw “no need for the confiscation of the radios”.


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Tsvangirai threatens poll boycott

http://www.newzimbabwe.com

28/02/2013 00:00:00
by Staff Reporter

MDC-T leader and Prime Minister Morgan Tsvangirai warned Thursday that his
party would boycott elections expected later this year if violence against
its supporters continues.

Tsvangirai was speaking in Headlands at the burial of 12-year-old
Christpower Maisiri who died last Saturday when a fire gutted the hut in
which he slept with his siblings.

The MDC-T has blamed Zanu PF for the tragedy, claiming the target of the
alleged attack was the boy’s father, Shepherd, a senior local official for
the party.

“I am not going to be part and parcel to a process that subverts the will of
the people; Vanhu vanofanirwa kunovhota vakasununguka (people should be able
to vote freely),” the MDC-T leader said.
He added that the boy’s death marked “a defining time in the struggle for
change in the country”, insisting that “never again should violence be
tolerated at any level”.

Tsvangirai edged President Robert Mugabe in the first round of the 2008
presidential elections but pulled out of the run-off vote accusing Zanu PF
of brutalising his supporters.

He subsequently joined his rival in a coalition government facilitated by
the regional SADC grouping. Both leaders however agree the unity deal is no
longer workable with elections to choose a substantive administration
expected later this year.

Zanu PF denies any involvement in the Maisiri’s death and party spokesman,
Rugare Gumbo, downplayed Tsvangirai’s election boycott threat.

“Aaah anongotamba hake uyu. Tingagoti kudii; violence yaanotaura kuti iripo
irikupi? (he is joking, where is the violence he is talking about),” he
said.
“Kana vasingadi ma-elections (if they don’t want elections) just come out in
the open and say you don’t want elections. They are saying so because they
know they will be beaten.

“Our party’s position is very clear; the President has said that security
forces must make sure that there is zero tolerance of violence and the
police have made it clear that they are going to arrest anyone fingered in
violence.”

Christpower’s death has stoked political tensions in the country ahead of
the March 16 referendum on a draft new constitution, part of a process
expected to culminate in fresh elections.

Police investigations into the tragedy continue but a ZRP spokesman has
since said preliminary findings appear to rule out the possibility of foul
play.

“Our preliminary investigations so far … indicate that no foul play (took)
place (and) basing on (that) there is no pointer or clue to suggest that the
incident was politically motivated,” deputy national police spokesman Oliver
Mandipaka said.

“Right now investigations are in full swing. We have embarked on thorough
investigations because we need to get to the bottom of the incident by all
means.”


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ZANU PF and MDC-T spokesmen differ over violence reports

http://www.swradioafrica.com/

By Violet Gonda
1 March 2013

ZANU PF has accused the MDC-T of embarking on an election strategy by
staging and exaggerating violence reports. They say this is a ploy to put
Zimbabwe in the international spotlight as the country prepares for
elections. The MDC-T has completely rejected this accusation.

The MDC-T say ZANU PF has restarted their violence campaign and blame them
for the recent death of 12 year old Christpower Maisiri in Headlands.

ZANU PF spokesman Rugare Gumbo denied these claims and told SW Radio Africa
that his party is not violent and that there is peace in Zimbabwe.

Gumbo added: “The MDC started its propaganda shortly after the announcement
of the referendum date. Before that everything was quiet and we were working
well together. When they saw that people are going to vote Yes, they decided
on this propaganda about ZANU PF being violent.”

Douglas Mwonzora, the MDC-T spokesman, responded by saying: “It’s total
rubbish that Rugare is talking about. It’s well known that ZANU PF is
committing acts of violence against MDC supporters. Right this morning MDC
supporters were assaulted in Matapi police station (Mbare), and we witnessed
last week the burning to death of a 12 year old child by well known ZANU PF
people sent by a well known ZANU PF politician. Their names were supplied
but nobody has been arrested because they are ZANU PF.”

Mwonzora said his party is in the process of compiling a comprehensive list
of names and addresses of perpetrators of violence, including people from
the security sector, to hand over to the Southern African Development
Community, the guarantors of the Global Political Agreement.

Gumbo denied that there was any evidence linking ZANU PF to the death of the
12 year old but Mwonzora said: “That is the talk of a very ignorant man.
There is plenty of evidence to show that it is ZANU PF that is behind the
killing of Christpower.

“This is the ninth time that the Maisiris have been attacked by ZANU PF
people. Mrs Maisiri was raped twice by ZANU PF people and some of them are
actually in prison. And this child was not burnt for the first time last
week. He had scars at the back of his head and the lower chin, injuries
sustained after a fire that was started by ZANU PF people before. We have a
history of ZANU PF attacking this family.”

The MDC-T spokesman accused President Robert Mugabe of making empty
statements denouncing violence. “He has not ordered the security forces to
maintain law and order. He has just talked, and talked and talked!”

Meanwhile Gumbo said ZANU PF supports the ongoing police raids on civil
society organisations and the confiscation of radios saying; “The NGOs tend
to exaggerate matters in order to paint a bad picture about ZANU PF because
they support the MDCs, and because the radios are being brought into the
country illegally.”


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Tsvangirai Seeks SADC Support As Political Tension Grips Zimbabwe

http://www.voazimbabwe.com

Blessing Zulu, Thomas Chiripasi
28.02.2013

WASHINGTON — Prime Minister Morgan Tsvangirai has dispatched an envoy on a
regional diplomatic offensive, encouraging the Southern African Development
Community to push for reforms in Zimbabwe amid heightened tensions ahead of
a constitutional referendum and general election.

Minister of State in the Prime Minister’s Office, Jameson Timba, left Harare
on Wednesday to drum up regional support ahead of the referendum and polls.

Movement for Democratic Change (MDC) spokesman, Douglas Mwonzora, said Mr.
Timba will meet all regional leaders and update them on the issue of stalled
reforms, political violence and intimidation of those perceived to be
Zanu-PF critics.

President Robert Mugabe ordered the police Wednesday to arrest all
perpetrators of political violence following a heated cabinet meeting that
resolved that co-home affairs ministers and chairpersons of the Joint
Monitoring and Implementation Committee or JOMIC should monitor the
situation.

But the MDC says this is not enough. International pressure is also rising
with the United Nations Special Rapporteurs in Geneva expressing shock at
increasing violence in the country.

Botswana president Ian Khama also took a swipe at Harare saying elections
will be violent as previous perpetrators of political violence have not been
prosecuted.

McDonald Lewanika, National co-ordinator of the Crisis in Zimbabwe
Coalition, said the MDC might have procrastinated in appealing to the
region.

Meanwhile, Mr. Tsvangirai threatened Thursday to pullout of the forthcoming
elections if violence against his supporters continues.

Officiating at the burial of Christpower Maisiri, the 12 year-old son of his
party’s Headlands deputy organizing secretary, the prime minister said
violence against his supporters must stop.

Mr. Tsvangirai, who pulled out of the 2008 presidential runoff citing
increasing violence against his supporters, said he may pull out of polls
expected to be held sometime this year if violence continues.

He said President Robert Mugabe has confided in him that he wants Zanu-PF
politburo member, Didymas Mutasa, to explain the circumstances surrounding
the 12 year-old’s death after he was fingered by the deceased’s family and
the MDC-T.

Mr. Mutasa has however denied responsibility saying that the deceased’s son
was his friend and a Zanu-PF member.

But the deceased boy’s father, Shepherd Maisiri, said he is not a member of
President Mugabe’s party.


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Mugabe is losing his grip - Tsvangirai

http://www.iol.co.za

February 28 2013 at 10:42pm
By MacDonald Dzirutwe

Headlands, Zimbabwe - Zimbabwe's premier said on Thursday that President
Robert Mugabe's party was losing its grip and resorting to violence after
the young son of a local party official was burnt to death by suspected
supporters of the elderly president.

Mugabe, 89, in power since 1980, and his longtime foe, Prime Minister Morgan
Tsvangirai, were forced into a power-sharing government in 2009 and will
resume their rivalry in elections expected around July.

Christpowers Maisiri, 12, whose father is in Tsvangirai's Movement for
Democratic Change (MDC) party, was set on fire while sleeping in a hut with
his brothers last weekend in Headlands district, 170km east of Harare.

The MDC quickly blamed Mugabe's Zanu-PF party, saying the alleged killers
were after the boy's father, Shepherd. Zanu-PF denied killing the boy and
accused the MDC of trying to fan pre-election tensions in the southern
African state.

“Zanu-PF is under siege. They are in a corner and this is a desperate act
from a party that is losing power,” Tsvangirai said while addressing
mourners and supporters attending the burial in Headlands, a tobacco-growing
district.

Fighting back tears, Shepherd Maisiri said he had been subjected to violence
and intimidation from Zanu-PF supporters since 2000. His son had been born
in the bush because his parents had to flee from opponents, he said.

Tsvangirai said he had shown Mugabe pictures of the charred remains of the
boy during a cabinet meeting on Tuesday and that the president had “shrunk”
in disbelief and ordered a full investigation.

Tsvangirai accuses Mugabe of using violence to cling to power. The former
trade union leader was forced to quit a presidential run-off race in 2008
after 200 of his supporters died in political violence blamed on Zanu-PF
members.

“We are hurt but not intimidated. This has to end, starting with the arrest
of the people who committed this heinous crime,” said Tsvangirai. He said he
could not vouch for Mugabe's sincerity when calling for peaceful
elections. - Reuters


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Political leaders urged to preach peace, not violence

http://www.swradioafrica.com/

By Tichaona Sibanda
1 March 2013

Political leaders in the inclusive government must reaffirm their commitment
to a peaceful and tolerant election campaign and appeal to their supporters
to do the same, an aspiring MDC-T parliamentary candidate has said.

Jaison Matewu, who is eyeing the Buhera West seat currently held by
Constitutional Affairs Minister Eric Matinenga, expressed the hope that both
the participants and electorate would reject inflammatory rhetoric, violence
and fraudulent actions in the forthcoming poll.

Matinenga is stepping down at the end of this parliamentary term. His chosen
successor, Professor John Makumbe, died recently forcing Matewu to join the
race at the last minute.

Speaking on SW Radio Africa’s Election Watch program on Friday, Matewu, one
of the few cadres from the MDC-T UK to go back home to contest the
primaries, said the recent spate of violence in the country has raised more
concerns about the preparedness of both the government and the citizens of
Zimbabwe to conduct the upcoming election peacefully.

There is deep concern about the latest developments in the country. Memories
of the 2008 election-related violence are still fresh, where over 500 people
lost their lives, tens of thousands were tortured and 500,000 were
displaced.

At the time the regional SADC bloc and the African Union brokered the shaky
unity government that has been in place till now, but analysts believe there
is no guarantee that this year’s election will not be as bloody as the one
in 2008.

‘Insecurity has taken centre stage in Zimbabwe again, said Matewu. ‘We want
calm before elections.’

Matewu said this year’s election will be regarded as one of the most
significant events in the history of the country: ‘The elections are also
significant because they will be the very first to be organized under a new
constitution, which provides for safeguards against unfair, insecure, non-
transparent or inefficiently administrated elections,’ explained Matewu.


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Impala Unit’s Land Is Grabbed by Zimbabwe With 30 Days to Appeal

http://www.bloomberg.com

By Godfrey Marawanyika & Brian Latham - Mar 2, 2013 1:14 AM GMT+1000

Impala Platinum Holdings Ltd. (IMP)’s unit Zimplats Holdings Ltd. (ZIM) will
have 27,498 hectares (67,949 acres) of land seized by Zimbabwe, with the
company given 30 days to appeal, according to a decree today in the
Government Gazette.
“The President intends to acquire compulsorily part of the land held by
Zimplats Holdings Ltd. under special mining lease,” it said. The Gazette
publishes new and amended laws.
Impala and Zimplats officials didn’t immediately pick up phone calls from
Bloomberg News seeking comment. Zimbabwe has the second-largest known
platinum deposits after South Africa.


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Zimplats on collision course with Zimbabwe government

http://www.miningreview.com

Harare, Zimbabwe --- 01 March 2013 - Zimplats ‒ the Zimbabwean subsidiary of
Impala Platinum Holdings (Implats) ‒ is heading for a collision course with
that country’s government after refusing to pay consultancy fees for a
controversial US$1 billion indigenisation deal.

According to reports, the Zimbabwean government through the National
Indigenisation and Economic Empowerment Board (NIEEB) wrote a letter to
Zimplats on February 13, asking the company to pay Brainworks US$16.7
million “representing advisory fees for the provision of advisory services
to the government of Zimbabwe and the (NIEEB) in the implementation of the
Zimplats indigenisation plan.”

Zimplats in turn wrote back on February 22, reports Fin24, advising the
NIEEB that it is not in a position to honour the payment on the basis that
Brainworks was engaged by the NIEEB and was acting for and advising the
NIEEB/the government in the negotiations.

In letters, Implats and Zimplats said Brainworks Capital’s US$17 million fee
was the responsibility of the Zimbabwe government and the National
Indigenisation and Economic Empowerment Board (NIEEB) which engaged the
firm.

NewZimbabwe.com also picked up the story, quoting Zimplats as saying paying
Brainworks' fees would also likely be a breach of corporate governance
standards.

“We believe you are aware that technically, the company cannot pay one
shareholder costs without extending the same to other shareholders, as that
can be misconstrued as a dividend payment,” the Zimplats CEO wrote in his
letter to the NIEEB.

The latest revelations are part of a storm that has been brewing in Zimbabwe
amid allegations that the ongoing empowerment deals were not done above
board.

The engagement of Brainworks on the Zimplats deal is said to have been done
without following proper procedures.

According to Zimbabwean laws, any government transaction above US$300 000
has to go to tender, but Brainworks Capital was awarded the multi-million
dollar tender verbally.

The country’s State Procurement Board, which awards tenders of this
magnitude, is not even aware of the deal between Brainworks and NIEEB.

MDC-T leader Morgan Tsvangirai also questioned the deal, calling for a
parliamentary investigation into the country’s indigenisation programme.

Tsvangirai said he was concerned about allegations of gross irregularities,
and claims only a few individuals are profiting from the deals.

Finance minister Tendai Biti also vowed to investigate indigenisation
agreements reached with various foreign companies. According to Bloomberg,
Biti said some of the agreements may have to be referred to parliament for
approval.

The controversy surrounding the deal has resulting in it being christened
NIEEB-gate, as is it is said to be akin to the Watergate scandal that led to
Richard Nixon’s resignation in 1974.

Source: Fin24.


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Anti-corruption probes Indigenisation scam

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

Thursday, 28 February 2013 12:43
HARARE - As the Nieebgate scandal intensifies, the Zimbabwe Anti-Corruption
Commission (Zacc) says it has opened investigations into what is turning out
to be one of the biggest scams in post-independent Zimbabwe.

Zacc spokesperson Goodwills Shana confirmed yesterday that the
anti-corruption body was probing the Nieebgate scandal after noting the
Daily News’ exclusive exposés on the matter, as well as concerns from
stakeholders countrywide.

“When power and wealth converge, these should be handled delicately and any
deals conducted must be above board,” Shana told the Daily News yesterday.

Early this month, the Daily News exposed apparent flaws in the $971 million
Zimplats deal — touted as the biggest empowerment deal since independence in
1980.

Other indigenisation deals for top-earning companies have also since been
questioned, with Zacc also expected to investigate them.

Shana declined to elaborate on how far the investigations had gone thus far.

“We have taken note of that but as far as whether we are investigating, and
the progress thereof, we do not normally comment on such issues,” he said.

“That is as far as I can go for now and as and when there are developments
that we think the public should be made aware of, we will communicate
accordingly.”

The anti-corruption commission is wading into the issue as questions are
emerging that some pension funds, who are shareholders in Brainworks
Capital, are under probe over how they became part of the private equity
firm.

One of the top names among the pension funds involved with Brainworks is
Comarton Investments, which has administered Reserve Bank of Zimbabwe (RBZ)
pension funds since 1994.

The Daily News has reliably learnt that the RBZ, together with other pension
funds, has already instituted its own investigations into areas of potential
prejudice or impropriety on the part of their pension administrators, as
well as the investment of their funds into a private equity firm — and
whether this is in line with permissible avenues prescribed by the Registrar
of Insurance and the ministry of Finance.

At issue is the requirement that any transaction worth more than $300 000
must be put to tender.

But State Procurement Board chairperson Charles Kuwaza has said that there
was no tender process giving Brainworks the greenlight to handle the
transactions in which it was entitled to up to two percent commission of the
value of every deal.

Brainworks, which says it will pocket only $15 million in fees, says
Zimplats, a public-listed company, is responsible for payment of the
advisory fees. It also contends that the deal was not subject to the tender
laws of Zimbabwe, despite the fact that it was appointed to work on this
deal by Nieeb.

An economist who was canvassed for his opinion by the Daily News yesterday
questioned this whole arrangement.

“Actually this assertion (that the deal was not subject to tender laws)
deepens the saga in that it raises the question of what kind of a
relationship existed then between Zimplats and Brainworks if Zimplats is the
one paying the advisor to Nieeb and the ministry of Youth.

“Isn’t he who pays the piper supposed to call the tune? If this old adage
holds true, then to what extent was Brainworks impartial or working in
favour of Nieeb’s or the ministry’s interests and not Zimplats?

Is this normal for deal makers to be paid by their adversaries?” the
economist who requested anonymity asked.

A clause in the Brainworks mandate letter reads: “For advisory work on the
acquisition of the sovereign assets — a fee of up to 2,0% on the value
accruing to Nieef from the acquired sovereign assets is to be paid by the
company being indigenised. In the event that the company being indigenised
does not agree to paying the fee, Nieef shall pay Brainworks Capital for its
services, a time-based fee based on a charge out rate of $500 per hour.”

But Brainworks insists that it did no wrong although it duly signed a
mandate letter with Nieeb on June 8, 2012 dealing with the Zimplats deal and
six other empowerment deals.

Vice President Joice Mujuru has also since waded into the storm, saying:
“Empowerment and indigenisation are not exclusive. We need to hold dear our
God-given resources so that they can benefit all of us not a few
individuals.”

Prime Minister Morgan Tsvangirai has also demanded a parliamentary
investigation into the empowerment scam after the Daily News exposed how the
National Indigenisation and Economic Empowerment Board (Nieeb) facilitated
deals running close to $2 billion for private equity investment firm
Brainworks Capital without going to tender.

Tsvangirai wants Indigenisation minister Saviour Kasukuwere to appear before
Parliament to explain how these deals were awarded to Brainworks without
consultation with relevant government departments such as the Reserve Bank
of Zimbabwe, and the ministries of Finance, Mines and Industry and Commerce.

“As Prime Minister, I am concerned about the possibility of a few
individuals benefitting from a programme purportedly meant for the majority
of Zimbabweans,” Tsvangirai said.

“I am equally concerned with reports that some relevant government organs
were kept in the dark about the full nature of some of these transactions,”
he added.

Finance minister Tendai Biti has also confirmed that he was not consulted on
the deals.

“If people get into nocturnal deals without consulting the Finance minister
or other government arms thinking that they can accrue debt on behalf of
Zimbabweans they are joking. We will have to review such deals in future,”
Biti told the Daily News last week. - Gift Phiri and Richard Chidza


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Moyo pulls no punches on Zim indigenisation

http://mg.co.za/
01 MAR 2013 10:10 - JONATHAN MOYO
Zanu-PF politician Jonathan Moyo says resource nationalism will continue to be a party platform after the election.

Professor Jonathan Moyo, a senior Zanu-PF politburo member, party strategist and MP recently wrote an opinion piece in a financial weekly in which he lambasted Reserve Bank governor Gideon Gono for his opposition to Zanu-PF’s indigenisation policy. The Mail & Guardian asked him about the row, the elections and the constitutional referendum that takes place on March 16.

What do you think will happen with the constitutional referendum, given the campaign’s funding problems and the National Constitutional Assembly’s (NCA’s) court application for the referendum to be postponed?

Although there appeared to logistical and funding problems at the beginning, they have been resolved and the referendum is now irreversible. The NCA court action will not succeed because it lacks legal and factual merit. Zimbabweans have been seized with the constitution-making process since April 2009 and, notwithstanding its amendments, the draft Constitution has been a public document since July 18 2012.

Against this backdrop, it is disingenuous for anyone to argue that the process has not been given enough time. The opposite is true. Too much time and resources have been wasted on a process that should have taken a maximum of 18 months.

If the draft constitution is adopted after the referendum, when will elections be held?

There are very clear legal pointers that are helpful in understanding the timing of the elections. First, the proclamation of an election date is the constitutional prerogative of President Robert Mugabe. Second, there is a judgement of the Supreme Court of Zimbabwe confirmed by the high court on two separate occasions requiring the president to issue a proclamation fixing the date of the election by March 31. In other words, the president is required to announce the date of the election by the end of March. Second, the current Parliament will be automatically dissolved at midnight on June 29. An automatic dissolution of Parliament would amount to a constitutional crisis of sorts and that would not be good for our democracy. You do not have to be a constitutional expert to realise that elections must be held before June 29.

How do you see the elections panning out?

Two things are now indisputable about who will win the next presidential and general elections. First, all surveys done over the past 12 months by foreign and local researchers, including one published by the Mass Public Opinion Institute two weeks ago, have predicted a Zanu-PF victory in all elections.

Second, it is common cause that the Movement for Democratic Change formations have dismally failed to make good their tenure in the inclusive government, which has been characterised by allegations of incompetence and corruption. MDC Cabinet ministers have between little and nothing to show to support the re-election of their embattled party.

Prime Minister Morgan Tsvangirai’s tenure in government over the past four years will be remembered more for his open-zip shenanigans than for any policy initiative. Whereas in 2008 the MDC formations had the opposition platform, in 2013 they have a government platform from which they cannot run away and about which they have nothing to show.

On the other hand, in 2013, unlike in 2008, President Mugabe’s political stock is in good currency. Zanu-PF is doing very well on the ground and is poised to win largely because the party has been ready for the election since 2010 and has a tangible and actionable policy programme to offer in the form of indigenisation and economic empowerment.

What will be at the heart of Zanu-PF’s campaign, given the fact that party’s record of delivery since 1980 has been disastrous and its recent trump card, the land issue, is exhausted?

There is no election in a democratic country whose memory span is 33 years.Your proposition that Zanu-PF has had a disastrous delivery record since 1980 is not only hyperbolic, it is also patently false. Zanu-PF has had proud achievements in health and education since 1980, not to mention the sacrifices it made to assist in bringing about the independence, or shall we say democratisation, of South Africa in 1994, which cannot be described as disastrous by any stretch of the imagination. The forthcoming election will be run on the basis of current issues and not 1980 stuff. On this score, Zanu-PF is the only party on the ground with the people’s support, notably to increase agricultural productivity and create jobs on farms, where about one million people have found gainful employment over the past 13 years, as documented in a recent book published in London, Zimbabwe Takes Back Its Land. Over the past four years, Zanu-PF policies have resulted in the empowerment of youth across the country, along with the creation of community empowerment schemes.

The indigenisation programme is surrounded by controversy as factions within Zanu-PF seem to be fighting over it. There are also allegations of corruption and looting bedevilling the process.

The noises being made in some political circles and sections of the media are designed to undermine what is perceived as Zanu-PF’s use of indigenisation as a campaign strategy. But that is a mistaken view because indigenisation is not a campaign strategy. It is a historic reform programme in pursuit of resource nationalism in the context of Zimbabwe’s liberation struggle and, as such, it is equivalent to the land-reform programme. Given the breadth and depth of the indigenisation programme, it is not surprising that it is beset by allegations of corruption and looting. Public policy, by its very nature, always yields such allegations. The land-reform programme faced the same allegations, but succeeded in spite of them. It is now clear that the real fraud regarding the Zimplats transaction comes in the form of false information leaked to the media by the Reserve Bank of Zimbabwe. Fraudulent claims have given rise to a media scam whose full story is yet to be told.

Recently, you waded into the indigenisation debate, attacking Reserve Bank governor Gideon Gono on the issue. What has he done wrong?

My concern is that Gono was wrong to adopt a megaphone-style attack through the media on the Zimplats transaction in particular and on the equity-based model of indigenisation in general a few months before the presidential and general elections. I have no qualms whatsoever in making this point. I first made it privately, robustly and vigorously to Gono on two separate occasions before he went berserk with his scandalous and totally unacceptable ranting in the media.

Critics are questioning your motives. What is your interest in indigenisation? Have you personally benefited from the deals cut so far?

Of course I have an interest in the matter, as a member of the Zanu-PF politburo, as a member of Parliament and as a Zimbabwean. It is not about personal benefit and the record will show that, although I am indeed a beneficiary of the land-reform programme, I have not benefitted in any personal way from the so-called deals that have been cut so far, not least because indigenisation is definitely not about cutting deals but about empowering the indigenous population through community and employee schemes. I therefore view the allegations of corruption as the utterings of detractors.

There are questions about how you got access to the documents you used recently to write an opinion piece in a local weekly on indigenisation.

There is no need to beat about the bush about this. The record will show that the only information I relied on was the term sheet of the Zimplats transaction. I got that sheet along with that of the Mimosa indigenisation transaction from Gono, with whom I had two long and very cordial meetings on the matter.

Some people say elections will not change anything for Zimbabwe.

There will definitely be changes after the elections. Those who think that we will have another inclusive government are mistaken. The new constitution will not allow that because of the consequences of the proportional representation. On the economic front, indigenisation and economic empowerment will be the main economic policy after the elections.

Do you think President Mugabe will stay on if he wins re-election or will retire? If he goes, will Zanu-PF not disintegrate due to factionalism and the acrimonious succession debate?

President Mugabe will stay on after the elections to honour and discharge his promise to the electorate, especially to the youth, who are inspired by his revolutionary legacy and are committed to keeping it alive. While there is no doubt that we are beginning to see ugly signs of factionalism and succession games, most Zimbabweans find solace in the fact that President Mugabe is with us to provide the leadership that the country needs to open a new chapter, while safeguarding the heroic legacy of the liberation struggle, currently expressed through resource nationalism and indigenisation.


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WikiLeaks publishes classified Zim e-mails

http://www.dailynews.co.zw

Thursday, 28 February 2013 10:36
HARARE - Secrets-spilling WikiLeaks has begun releasing a cache of 5,5
million emails obtained from the servers of Stratfor, a US-based
intelligence gathering firm with about 300 000 subscribers, an exposé likely
to infuriate the US embassy in Harare.

So far, only three Stratfor emails on Zimbabwe have been published by
WikiLeaks, the document-leaking organisation that has previously released
confidential diplomatic cables wired by US ambassadors to Washington giving
a devastating portrait of the US’s low opinion on Zimbabwean politics.

The Texas headquartered “global intelligence” company Stratfor provides
confidential intelligence services to large corporations and government
agencies, including the US Department of Homeland Security, the US Marines
and the US Defence Intelligence Agency.

While in the last batch WikiLeaks gave the documents in advance to The New
York Times and four European newspapers, sparking frantic diplomatic
activity at White House, this time WikiLeaks has partnered with 25 media
organisations around the world.

The emails claims on Zanu PF, MDC and South Africa’s ruling ANC succession
battles, speaks on how the Central Intelligence Organisation (CIO) will
determine the next Zimbabwean ruler, and Zanu PF’s attempt to water down SA
President Jacob Zuma’s influence in the ongoing Sadc mediation.

Unlike previous WikiLeaks releases, this latest email cache was apparently
obtained through a hacking attack on Stratfor by Anonymous in December 2011
rather than through a whistleblower and contains Stratfor’s web of
informers, pay-off structure, payment laundering techniques and
psychological methods.

Statfor’s Zimbabwean informers, whose names were withheld, include “a
Zimbabwean businessman in South Africa (who) does business in both
countries” with contacts in Zanu PF and MDC and with leadership ambitions,
a South African private security contractor who works mostly in East Africa,
and an ex-SA intelligence agent who now runs his own risk consultancy.

The US embassy in Harare has stated that as a matter of policy, it did not
comment on documents that “purport” to contain classified information.

This is the biggest leak of emails in history.

In one email by the South Africa-based businessman said to have rose to
leadership of the Zimbabwean students union and his secretary general at
that time is the current (MDC) Finance minister, he thinks the next
elections will come in March or April 2013.

The businessman says incumbent President Robert Mugabe “is in poor health”
and “Zanu PF knows it’s in a tough spot to win the next election”.

“Not that they are thinking about letting the Morgan Tsvangirai-led MDC win
the election, but they’re not clear on their own ability to slam through
another election win,” the businessman is quoted saying.

“Zanu PF has not reached out to the MDC but it would take some MDC folks
quietly reaching out to Zanu PF to give them assurances, for some kind of
alliance among moderates of Zanu PF and of MDC to bring about a ‘second
Republic’.”

Simba Makoni was said to have “overplayed his hand and has lost any chance
he might have of running for president.”

An ex-SA intelligence agent is quoted in one email saying Zanu PF does not
want Zuma to be mediator on the Zimbabwe coalition government.

“Zanu PF wants to reduce Zuma’s influence as he sits on two chairs (chair of
Zimbabwe mediation on behalf of Sadc, and chair of the Sadc peace and
security council committee) and Mugabe feels that South Africa is not
anymore so ‘helpful’ as in the Mbeki era,” the email says.

“However, everything has been turned upside down with the mysterious death
of Solomon Mujuru over the weekend. This is HUGE and can change the whole
scenario in Zimbabwe. Nothing can be said about Zimbabwe without not taking
Mujuru’s death into account.” - Gift Phiri, Political Editor


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US Ambassador: Zimbabwean Leaders Should Stop Violence

http://www.voazimbabwe.com/

Irwin Chifera, Slyvia Manika
28.02.2013

The United States ambassador to Zimbabwe, Mr. Bruce Wharton, says the tragic
death of 12 year-old Christpower Maisiri, son of a Headlands member of the
Movement for Democratic Change (MDC) formation of Prime Minister Morgan
Tsvangirai, gives Zimbabwean leaders an opportunity to show their
determination in eliminating political violence in the country.

Speaking to journalists during a ceremony to hand over grants to
community-based organizations, Ambassador Wharton said it is important that
the police, the Joint Operations and Implementation Committee (JOMIC) and
the government to find out what really happened to Christpower.

Christpower, son of MDC official Shepherd Maisiri, was burnt to death in a
suspected case of political violence. He was buried Thursday.

Ambassador Wharton also handed over grants worth $140,000 to eight
community-based organisations from different parts of the country under the
ambassador’s self-help fund.

He said the grants allow the embassy to fund small developmental activities
that directly assist communities.

The beneficiaries included Bonda Art and Craft Community in Manicaland’s
Mutasa District and Little Children of the Blessed Lady in Chinamhora,
Mashonaland Central. They both received $20,000 for income generating
projects that will benefit HIV/AIDS orphans, vulnerable children and women.

Shimangele Moyo of Rose of Charity said the grant is expected to change
their lives.
The ambassador’s self-help fund was established in 1980 by the U.S
government to support local communities in developing countries.

To date, the program has awarded more than $3 million to over 320 community
projects for the construction of classrooms, community centres and houses
for teachers and nurses.

In a related development, Zimbabwe’s Health Transition Fund got an $18
million boost Thursday from the European Union which will be used for
eliminating fees for women and children at rural health institutions.

Speaking in Harare during the handing-over ceremony, EU charge d’affairs
Carl Skau said the organization is committed in improving the lives of women
and children in Zimbabwe.

UNICEF representative in Zimbabwe, Dr. Abou Kampor said the number of women
dying in child birth and children dying from preventable diseases remains of
major concern.


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Zambia calls for calm, postpones by-election amid bloodshed

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

Sapa-AFP | 28 February, 2013 08:25

Zambia on Wednesday postponed parliamentary by-elections that have sparked
bloodshed in the tourist town of Livingstone, as President Michael Sata
urged citizens to stop killing each other.

"Due to unprecedented levels of intolerance by political parties and
violence" the vote in the southern town has been postponed from Thursday to
March 14, said Zambia's electoral commission chief Irene Mambilima.

The current political environment in Livingstone "is not conducive to hold
free and fair elections," she added.

Campaigning for the by-elections in two parliamentary constituencies has
been marred by unrest that has led to the death of a ruling party member,
prompting Sata to appeal for calm earlier on Wednesday.

"Why are you fighting? Stop fighting and stop killing each other, your blood
is the same," Sata said. "We are the same people and so you should stop
killing each other."

The announcement of the vote postponement came as the leader of the
country's second-largest opposition party was freed on bail in connection
with the killing of Harrison Chanda, a party youth secretary who police say
was hit on the head with an axe after being attacked by a group of people in
Livingstone on Monday night.

Hakainde Hichilema of the United Party for National Development (UPND) has
been charged with inciting violence and was granted bail after a court
ordered him to pay a bond of 2 000 kwacha ($370). He is to return to court
on May 28.

Two lawmakers and 23 other opposition members still remain in police custody
over Chanda's death, the party said.

The arrest of 26 opposition members "is unacceptable, barbaric and not good
for our democracy," UPND spokesman Cornelius Mweetwa told AFP.


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Tsvangirai conferred with honorary doctorate

http://www.dailynews.co.zw

By Fungai Kwaramba, Staff Writer
Thursday, 28 February 2013 11:59

HARARE - Prime Minister Morgan Tsvangirai has received another honorary
doctorate degree from the Sun Moon University in South Korea, in recognition
of his efforts towards attaining peace and democracy in Zimbabwe.

Sun Moon University granted Tsvangirai an honorary doctorate in Public
Administration and commended the former trade unionist for pursuing a
peaceful and non-violent campaign for democratisation.

In his acceptance speech at the occasion of the award of his honorary
doctorate degree, Tsvangirai said he was deeply humbled to be a recipient of
the prestigious recognition and dedicated it to the people of Zimbabwe.

“I accept this honorary degree as a great honour, not only for myself, but
for the entirety of the people of Zimbabwe as well,” the MDC leader said.
“To be the person that I am today is not simply down to luck or individual
effort but it is because of the people around me.

“Without the work and efforts of the people of Zimbabwe, I would not be
standing here, awaiting receipt of this prestigious honour. This recognition
is therefore their award – indeed, our award, and I am a mere agent
receiving it on their behalf,” said Tsvangirai, praising the people of
Zimbabwe for their resilience, persistence and strength of character.

Making reference to the peaceful and non-violent means as essential to
sustainable change, Tsvangirai added, “We have stood steadfast by our
principle to pursue our cause of democratic reform through peaceful and
non-violent means. Where others in similar circumstances might have been
forced to use forceful means and violence, we have remained true to our
word, believing that peaceful means are the ultimate agents of sustainable
transformation.”

Tsvangirai has another honorary degree in Law from Pai Chai University,
which is also in South Korea.

In August last year the French government awarded Tsvangirai the French
Legion of Honour in recognition for his fight for democracy.


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UN accused of Zimbabwe cholera cover-up

http://www.aljazeera.com

Tribunal finds that UN bosses did not act on warnings by senior member of
its staff in order not to upset Robert Mugabe.
Last Modified: 01 Mar 2013 18:58

A United Nations investigation has reached a damning verdict on its own
humanitarian operation, accusing it of "managerial ineptitude, high handed
conduct and bad faith."

The findings refer to its operations during a Cholera outbreak in Zimbabwe
that started in 2008 and claimed more than 4,000 lives.

The UN dispute tribunal in Nairobi, Kenya, in effect found that UN bosses
did not want to upset the government of Robert Mugabe, and did not act on
warnings by a senior member of its staff. One hundred thousand people caught
the disease.

Months before the outbreak of the cholera epidemic in 2008, which coincided
with a time of heightened political tensions in Zimbabwe, Georges Tadonki,
the then head of the UN humanitarian office in Zimbabwe, warned his
superiors of the severe risks, but no action was taken.

Tadonki claims that he was fired in January 2009, partly because he sounded
the alarm about the cholera crisis.

“Mr Tadonke pressed the issue, and this tribunal has heard that he was
hounded out of his job, and his lawyers said he suffered a nervous breakdown
as a result.” Al Jazeera’s Diplomatic Editor James Bays said.

“What the UN also said is that there should be disciplinary action against
four very senior UN officials, including the former humanitarian chief of
the UN, John Holmes.” Al Jazeera’s Bays added.

“Now, all those four officials are no longer in their posts, so it is not
clear what kind of action can be taken against them.”

The UN Office for the Coordination of Humanitarian Affairs told Al Jazeera
that the world organisation intends to appeal the judgment.

“The Organisation intends to file an appeal of this judgment. Consistent
with the established policy regarding ongoing cases, which includes cases
under appeal, the Organisation is not in a position to provide any further
comments at this time.”


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Mugabe gold coins split Zanu-PF

http://mg.co.za
01 MAR 2013 08:08 - RAY NDLOVU
Senior party members and youth league leaders have clashed over who will take credit for President Robert Mugabe's expensive birthday gift.

As Zanu-PF prepares to throw a lavish birthday party for President Robert Mugabe in Bindura at the weekend to celebrate his 89th birthday, deep divisions have emerged between the leaders of the Zanu-PF Youth League and party bigwigs. They are slugging it out over who will take credit for a set of gold and platinum coins that will be given to Mugabe as a birthday gift.

Last week, the Mail & Guardian reported that the youth league had commissioned coins bearing Mugabe's face on one side and the Great Zimbabwe ruins on the other. One set is to be given to Mugabe and the rest are to be auctioned, which is expected to raise $1-million.

The coins were sourced through the Great Zimbabwe Mining Circle Trust (GZMCT).

However, youth league officials said this week there had been clashes with senior party members who were trying to take control of the project for personal financial gain.

“It's clear that they want to take over and be involved at the last minute, when it is us who conceptualised the whole thing from the onset," said a Zanu-PF youth league leader.

The officials said the proceeds from the coin auction would go to a charity of Mugabe's choice.

Minted in SA
A South African minting company, Global Gold, was commissioned by the youth league last month to mint the coins.

According to information on Global Gold's website, the company manufactures and distributes a range of jewellery, and provides corporate supplies, including medals and coins, wooden boxes for coins, lapel pins and customised cufflinks.

The officials claimed that Global Gold did not deliver the coins last week as was agreed after senior Zanu-PF members secretly met company officials and instructed them not to deal with the youth league.

“The manufacturers [Global Gold] were in the country last week. What would they be doing here when there is a job still to be done and completed?" a source at the GZMCT who asked not to be named said.

It could not be established how much was paid to Global Gold for minting the coins.

The GZMCT chairperson, Tirivanhu Mudariki, had not responded to questions from the M&G by the time of going to press.

Political observers said the row over the coins reflected the youth league's unwillingness to stand up to senior party officials. The league's members were mere pawns in the Zanu-PF hierarchy and could make no meaningful contribution.

One political commentator, Dumisani Nkomo, said the youth league “obviously lack the resource and mobilisation base to push through the project".

Mugabe's birthday celebrations are usually marked with pomp and fanfare, and senior party officials and companies chip in with cash donations and gifts.

This year, the diamond mining company, Mbada Diamonds, donated $89 000 for Mugabe's birthday cake, which will weigh 89kg to coincide with his 89th birthday, and the Reserve Bank governor Gideon Gono reportedly gave Mugabe 89 cows as a birthday gift.


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Government scraps fees for rural clinics

http://www.newzimbabwe.com

28/02/2013 00:00:00
by Staff Reporters

THE government has scrapped user-fees for expectant and new mothers at rural
clinics in a bid to reduce the country's high maternal mortality rate.

Beginning Friday, expecting and new moms along with children under five as
well as adults aged over 65 years will no longer pay for health services in
a deal backed by the Health Transition Fund (HTF).

The fund was established by the government with the support of international
donors to help revive the country's health sector.
Confirming the development, health minister Henry Madzorera said: “Ten women
die every day in Zimbabwe as a result of complications during pregnancy.

"User fees are one of the most important barriers preventing Zimbabwean
women and children from accessing health care and fulfilling their right to
health services.

“The government, through the ministry of health, is once again committed to
achieving free access to healthcare for pregnant and lactating women,
children under 5 years and the elderly over 65 years.”

He said the scrapping of fees would also be extended to the urban centres
gradually.

"We have now created an adequate pool of resources that will allow us to
eliminate user fees, starting with the clinics in rural areas where our
people suffer the most in terms of access to quality health services," he
said.

Abou Kambo, from the United Nations Children and Education Fund (UNICEF),
which manages the HTF said the fund had helped improve the country’s health
sector after years of decline.

“There is now the availability of essential medicines nationwide in all
primary and secondary health care facilities,” he said.
“There is increased enrolment of midwifery in midwifery schools in Zimbabwe.
Most importantly the health transition Fund with other partners have been
stabilising the human resources for heath in Zimbabwe.”

Launched in 2011, the fund is aimed at improving maternal, new-born and
child health by strengthening health systems and scaling up the
implementation of “high impact maternal, neonatal and child health (MNCH)
interventions" through support to the health sector.

Over the last decade Zimbabwe’s health sector witnessed a dramatic decline
in health service delivery due to under-investment in the sector as the
country faced a serious economic crisis which was compounded by political
instability.

The problems made it difficult for many people in rural areas, particularly
women and children, to access life-saving maternal and child health care. As
a result, a woman’s lifetime risk of dying of pregnancy complications stands
at 1 in 42, and of every 1,000 live births, 80 children die before reaching
age five.


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Press Statement by the Minister of Health and Child Welfare


Press Statement by the Minister of Health and Child Welfare, Dr Henry Madzorera on the occasion of European Commission HTF Signing Ceremony,

28th February 2013

Salutations


The Health Transition Fund is a multi-donor pooled funding mechanism to support the health system in Zimbabwe. This will be our second year of funding which started in earnest last year.

The European Commission has been one of the major funders and I am very happy today that we have signed an agreement for 17.1 million USD to support activities of the fund during 2013. Thank you, European Commission, for this support.

We also acknowledge the other funding partners of the HTF, the governments of Canada, Ireland, Norway, Switzerland, Sweden, and the United Kingdom. We extend our heartfelt thanks to UNICEF, the faithful fund manager of the HTF.

The objective of the Health Transition Fund is to enable the Ministry to reduce the maternal mortality ratio and the infant & child mortality rates. The MMR is currently 960 per 100,000 and under-5 mortality has increased from 79 to 84 per 1,000 live births according to the latest Demographic & Health Survey. We are racing against the clock to reach Millennium Development Goal 4 of reducing under-5 mortality by two thirds, and goal 5 of reducing maternal mortality by three quarters.

Ten women die every day in Zimbabwe as a result of complications during pregnancy. But no woman should die while giving life. User fees are one of the most important barriers preventing Zimbabwean women and children from accessing health care and fulfilling their right to health services.

The Government of Zimbabwe, through the MOHCW, is once again committed to achieving free access to healthcare for pregnant and lactating women, children under 5 years and the elderly over 65 years. We have now created an adequate pool of resources that will allow us to eliminate user fees, starting with the clinics in rural areas where our populations suffer the most inequity in terms of access to quality care.

Human Resources are the heartbeat of our health system. An appropriately trained, skilled and well-motivated workforce is a critical component required for the efficient delivery of health services, including for pregnant women and children.

The Ministry of Health and Child Welfare has therefore given human resources high priority, in order to increase access to trained human resources including midwives and achieve both the National Health and Millennium Development goals.

Health workers need to earn a living, just like all the other professionals.

Health workers deserve conducive working conditions. They are a dedicated, highly skilled, highly motivated and hardworking bunch, most of whom work in the hard to reach areas of our country where they are often isolated and without access to the urban amenities which we all take for granted.

The Ministry of Health and Child Welfare will continue working very hard to ensure that there is a happy and motivated workforce in the right place, with the right tools of the trade, to provide the right care for all Zimbabweans.

The HTF has already been in force for a year now, enhancing the availability of essential medicines, medical Products, Vaccines and Technologies, and providing technical support for Health Policy, Planning and Finance.

We are grateful to the European Commission and all stakeholders who have worked together to enable us to eliminate user fees at rural health centres and ensure a human resource base that can deliver the services, and look forward to major improvements in our Maternal and Child Health statistics as a result of these efforts. In time this elimination of user fees will move to the district hospitals and urban clinics.

On behalf of the Government of Zimbabwe, I would like to thank the E.C. for this support. Together we will realise our vision of a healthy Zimbabwe, with quality health services, equitably distributed, as an accessible basic right of our people.

Long live the cordial Zimbabwe-EC relationships.



--
MDC Information & Publicity Department
Harvest House
44 Nelson Mandela Ave
Harare
Zimbabwe
Tel: 00263 4 770 708
--


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Transcript: Diaspora Diaries with SW Radio Africa’s Alex Bell and guest Roy Bennett

http://www.swradioafrica.com/

Posted by Alex Bell on Friday, March 1, 2013

Alex Bell was joined by the MDC-T Treasurer General Roy Bennett who warned
that diamond money is being used by ZANU PF to pay for its international
reputation to be ‘cleansed’. Bennett made these claims while commenting on
the involvement on international financial services group Old Mutual in
Zimbabwe’s diamond sector.

AB: Hello Zimbabwe and welcome to Diaspora Diaries on SW Radio Africa, your
independent voice. I’m Alex Bell and on tonight’s show I’m joined by the
MDC-T Treasurer General Roy Bennett to shine a spotlight on the involvement
of financial services giant Old Mutual in Zimbabwe’s diamond trade. Now this
involvement that Old Mutual has insisted is above board could face
international investigation following a call by a UK MP. Kate Hoey who
chairs the all parliamentary group on Zimbabwe has said Old Mutual needs to
be investigated for a potential breach of sanctions. She explained that Old
Mutual is a stakeholder in one of the shareholders in the Marange-based
Mbada Diamonds and was therefore effectively in a joint venture with the
sanctioned state mining company, the ZMDC and she said they cannot allow a
British company to behave like this. Well, I’m joined now by Roy Bennett to
discuss this issue as well as the involvement of other multi-national firms
in what they say is propping up the ZANU PF regime. Roy thank you so much
for joining us once again; first of all, we’ve seen this call by MP Kate
Hoey – what do you make of it? What is your reaction to this?

RB: I think it’s an excellent call Alex and it’s long overdue. The
multi-nationals and corporates that are propping up ZANU PF, with the
involvement with them for profit have been thoroughly, thoroughly
discredited investments and investments that lack morality, against the laws
of the United Kingdom where these guys are in bed and partnership with
sanctioned entities is totally unacceptable. And I think half the
shareholders don’t even know of the involvement of these corporates in the
manner in which they are doing it based against the human rights abuses that
were carried out on the diamonds.

AB: We know for example that Old Mutual has argued again and again that
their involvement has been above board, it was an engagement that they said
did not infringe on any rules that they knew of – are you satisfied with
their arguments?

RB: Definitely not, absolutely not. They certainly have a case to answer and
how they could have sat back and got involved in an investment that was
thoroughly discredited with a sanctioned entity is just totally
unacceptable.

AB: In your mind then Roy, what would you expect them to be answering
questions on? It’s not just what they say is a part involvement in one of
the mines but it seems that they have a lot more questions to answer.

RB: Absolutely. The investment was made through their South African entity,
a mixer, and initially they tried to deny the fact that they knew of this
investment, that the investment had been in a company that they had invested
in before, which was New Reclamation, and that their investment in New
Reclamation had made before the Marange diamonds. Yet we have minutes,
absolute minutes proving the fact that their representative from the mixer
actually sat in on the meeting where Marange Diamonds was brought up for New
Reclamation to invest into and kept silent about it and in fact endorsed it.
And therein lies the issue Alex that a thoroughly, thoroughly discredited
entity that is involved with a sanctioned entity and human rights abuses in
Zimbabwe, a British listed company, is involved with, it’s just totally
unacceptable.

AB: Now Roy this has come at a time when the sanctions have been reviewed by
the European Union and we’ve seen that there has been a certain amount of
easing of those measures in what the EU says is a reward for progress in
government. As an aside, what do you make of this move?

RB: Well I think the result of that move is already showing that it’s
totally ineffective and absolutely a non-entity. The violence is escalating
in Zimbabwe, the murder of a young 12 year old three nights ago burnt to
death by ZANU PF activists shows that it’s had absolutely no impact and that
there is no progress around the human rights abuses, around the abuse of the
state machinery, the abuse of militias, the investigation by the police, the
arrest of the people perpetrating, committing these crimes. It’s driven by
senior ZANU PF politicians and all this is doing is endorsing those murders
and that brutality. It’s totally sickening and my whole involvement in
politics, starting off on the human rights side has been a journey that’s
revealed to me the thorough, thorough lack of morality, the lack of decency
in big business when it comes to profit. Profits above anything and it
stinks Alex, it absolutely stinks.

AB: We are particularly worried about the fact that diamond money is being
used, particularly if we want to look at the Old Mutual situation, they’re
involved in one way or the other in the diamond sector and there’s so much
concern about how diamond money is being used – not only to prop up the
Mugabe regime but also to try and I guess clean their image ahead of
elections. Do you think that the EU then has, it almost seems that they are
trying to normalize the situation as part of this?

RB: The biggest driver in the whole removal of the EU sanctions was Belgium
and all we have to do is look at Belgium’s involvement in the diamond trade
and you can see where their agenda and where their motive comes from. It’s
nothing about the transparency, the accountability, the use of diamonds to
rebuild Zimbabwe to benefit the lives of the majority of the people and in
the development and reconstruction that’s needed in Zimbabwe. It’s about the
bottom line and their profits is what all they worry about. It’s absolutely,
you are 100% right, I was recently in the UK and we see it here in South
Africa where leading newspapers, leading journalists who before have been
severe critics of the Mugabe regime are now completely changing their tune
and saying you know Mugabe not so bad, the ZANU PF is not so bad, the land
reform is a success etc etc. And you can see that behind it is the diamond
money. I know for a fact that very, very credible public relations and
lobbyists within the UK have been approached through very, very high level
investment funds to represent the Mugabe regime in cleaning up their image
towards the elections and cleaning up all the wrongs that they have done,
the human rights abuses, the thefts, the extrajudicial killings, the rapes –
it’s forgotten about when the bottom line is profit and money and that’s
what’s so disgusting Alex.

AB: We have seen at the, when you talk about these attempts what seems to be
a very blatant attempt to try and normalize, for one, the land reform – we’ve
seen recent academic articles written trying to paint the land reform as a
success – is this all part of this? Is this a strategy?

RB: Absolutely – it wouldn’t take an investigative journalist too long to
dig into that and find out where the funding has come from for those
academics to do the research and how their bank balances have swelled in
whatever manner it is to try and clean up the image of a thoroughly
discredited regime that has absolutely destroyed and completely obliterated
a country.

AB: And continues to.

RB: Continues to. Continues to on a daily basis. We see nothing changing, we
see violence ratcheting up, we see more murders and basically with total
impunity. You have these western entities for profit endorsing this
behaviour through association and investment, giving them the credibility
and the legitimacy that they are seeking in order to be able to enhance
their bottom line at the expense of the Zimbabwean people and the country as
a whole.

AB: Roy, you are talking about entities – it’s not just Old Mutual then that
is implicated in this? This has far reaching implications for a bunch of
international groups?

RB: Absolutely. Have a look at all the recent 51% indigenization, look at
PTC Cement, look at Old Mutual again in their investment. Where’s the
transparency? Who are the entities involved? How much money is involved? How
much money has changed hands and how much has gone to buy ZANU PF
functionaries? Who are the partners? Have they come forward with the money
to purchase these shares in the 51% indigenization schemes? It’s a total
scam and they’ve fallen into it to protect their interests for profit. They
have enriched and enhanced the regime further to carry out repression,
suppression and just the same old, same old on the Zimbabwean people.

AB: At this point Roy, why is it so important that this needs to be exposed?
We’ve seen this call from Kate Hoey for there to be an investigation into
Old Mutual but it seems that this needs to be much bigger and quite
important, it needs to be quite urgent.

RB: Oh absolutely. You see Alex, the very, very sad thing is the state of
the world economics and Zimbabwe’s resources. Zimbabwe’s extractive sector –
platinum, gold, diamonds, chrome, nickel – massive, massive opportunities
for the extractive sector and for a lot of these mining entities to get
involved in to enhance their bottom lines and their profits and they don’t
care who they get into bed with. They don’t care how thoroughly discredited
the people are they deal with as long as there’s a bottom line profit and
they need to be exposed, it needs to be exposed. The share holders are the
ones completely held a cloth over their eyes, they can’t see what these
corporates are doing on the basis of their shareholding in enhancing and
propping up totalitarian regimes.

AB: If this allowed to carry on in Zimbabwe Roy, what do you think are going
to be the implications for Zimbabweans?

RB: Well the Zimbabweans will remain in abject poverty and if you look
across the whole of Africa you have all these multi-nationals involved with
regimes, complicit with the regimes, enriching those regimes at the expense
of the people in the countries and Africa remains in absolute poverty.
Zimbabwe is a total basket case at the moment. You need to speak to ordinary
Zimbabweans on the street in Zimbabwe – life for them is tough. There’s
absolutely no money, there’s no money in the system, it’s no better now than
it was in 2008, it’s deteriorated. It got really good when the government of
national unity was formed and it’s gone right back again to where the
day-to-day life of an average Zimbabwean is a grind and that is the same in
most, in many African countries where the regimes in control are totally
unaccountable to the people, are complicit with international business in
raping and plundering the resources of those countries into the back pockets
of individuals and corporates at the expense of the people.

AB: So we’re talking about the Zimbabwe situation seems to be a bit of an
example, a microcosm about what is happening across the world. How do we get
people to start taking notice and caring when you’re up against the
multi-nationals who seem to rule the world?

RB: By exposing them like the Honourable Kate Hoey is doing. It’s absolutely
admirable and it’s the right thing to do as politicians. A politician’s duty
is to serve, is to serve the people and to serve those that have elected
them of the best interests of the country and the communities that they
represent and what Honourable Hoey is doing is absolutely honourable for her
constituency, for the British government, for the country of Britain in
exposing investments that are made with the totalitarian regimes at the
expense of those people and against the laws of the United Kingdom.

AB: Well that was the MDC-T’s Treasurer General Roy Bennett joining me from
South Africa there. If you have any comments or queries about this
investigation that the MP Kate Hoey has been calling for, please email me on
alex@swradioafrica.com. You can also have your say on what you make of the
situation by joining our Callback series – send us your number on (+263)
0772643871 and we’ll call you back for your views and opinions. For now
though, we’ve come to the end of Diaspora Diaries but join me Alex Bell at
the same time next week.


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Indigenisation in Zimbabwe: A cacophony of idiocy

http://www.politicsweb.co.za

Vince Musewe
01 March 2013

Vince Musewe argues that supply side empowerment is the way to go

Zimbabwe's indigenisation can be a success

Indigenisation has become cacophony of idiocy on what should be a focused
and well articulated economic transformation agenda.

I am quite astounded by the misplaced exuberance of those that have been
given the responsibility of implementing what I think is a very important
economic transformation law such as indigenisation. Each day I hear Saviour
Kasukuwere, the minister responsible for indigenisation, fighting off
critics and literally bullying companies into submitting to his vision.

On the other side I hear Tendai Biti, the minister of finance, giving his
considered opinion as he attempts to bring some sanity to the madness while
promising to reverse any dubious deals in the future. Gideon Gono, the
Reserve Bank Governor, has put in his two cents worth by encouraging supply
side empowerment, a model which Jonanathan Moyo and others have joined the
fray to criticise.

We are truly witnessing a cacophony of election campaign idiocy on what
should really be a focused and well articulated economic transformation
agenda. It is a ridiculous comedy that continues to demonstrate to all of us
out here that there is serious confusion and conflicting motives on how to
implement it. How can we then, as a country, expect foreign investors to
plough their funds into the country, when we cannot even agree amongst
ourselves on what needs to happen?

Personally, I fully support the objective of economic transformation which
is long overdue. There can be no logical or intelligent argument against the
imperative for Zimbabweans to own and control their own resources. Even
developed economies have laws in place that protects the ownership of their
economies and strategic resources. Nobody is arguing about that.

My point of departure is firstly that, because Zimbabwe has been an economy
characterised by patronage, it is highly unlikely that this habit has
suddenly disappeared. ZANU (PF)'s patronage that has led to the
underdevelopment of Zimbabwe continues to limit the effectiveness of any of
its economic policies. This issue has already reared its head with the
revelation of the rather suspicious role of consultants in the process, and
I am sure there is more to come. The minister must account for all this
confusion and his alleged relationships with Brainworks Capital. I can bet
you some money has passed under the table, typical ZANU (PF) style.

As for the National Indigenisation and Economic Empowerment Board (NIEEB),
my opinion is that such a body, if needed it at all, should be above
reproach and comprised of competent, informed and objective individuals with
no vested interests in the process and they should be answerable to you and
me. I am still not convinced whether that is the case or whether we need
them at all.

Secondly, history has shown us that when an important issue such
indigenisation, is used as an election campaign tool, its implementation
tends to ignore the long term costs to the economy, but merely concentrates
on short term or immediate and visible gains. This happened with
agriculture. Because of this, the implementation is rushed without serious
thought being applied on the long term negative unintended consequences. I
guess that one should really not be surprised because that is the ZANU
(PF)'s approach since independence which has cost us so dearly. If
indigenisation is meant to attract votes to ZANU (PF) it is certainly doing
the opposite, it's a fiasco.

For the umpteenth time I must state that: The ownership of equity stakes in
existing companies does not add economic value; it merely transforms
ownership profiles and creates serious liabilities for all involved; it is
not an economic growth strategy.

What surprises me is that this ownership must be "approved" by a referee
whose credentials are not very clear and whose objectivity creates public
doubt. In my opinion, this acts against free enterprise and the rights of
all Zimbabweans to pursue and get involved in economic activity on a non
partisan basis. It is therefore unconstitutional for any body or
institution, to have the sole right to approve indigenisation transactions
or partners. In my opinion, NIEEB is therefore a superfluous participant in
what should be a process driven by corporates who must choose black partners
with whom they are comfortable to do business with.

Supply side empowerment as promoted by the Reserve Bank Governor, Gideon
Gono, or what I prefer to call indigenous enterprise development, is bound
to be more beneficial both in the short and long term. It creates immediate
economic benefit without significant capital outlay vis-a-vis the vendor
financed model which is costly, and has a long waiting uncertain period
before targeted beneficiaries can enjoy unencumbered dividend flow. In
addition, in vendor financed structures, the new empowerment partner takes
zero capital risk and sits and waits for dividend cheques; it is a passive
investment with no incentives to perform or add value.

Indigenous enterprise development (supply side empowerment) can be broader
and more effective in reviving local industry and thus create more jobs. The
only danger is that where goods are merely imported and not manufactured
locally, this model can lead to local over pricing of goods and services and
does not necessarily result in local enterprise development as intended. You
tend to end up with trading companies who merely shift goods from A to B
while adding a huge mark up for no value add at all as is the current
practice in Zimbabwe.

On the issue of youth empowerment funds, this is s disaster in the making.
Entrepreneurship is critical to economic growth, but you cannot throw money
at youths who have zero training and experience at building a business.
Youth should be trained first, qualify and then put into some sort of
business incubation programme that is closely monitored by professionals
before they are advanced any funds.

I will avoid at this instance to comment on community share schemes because
I am not sure how these have been structured. Suffice it to say that the sad
reality about community trust is that the trustees tend to end up being
advantaged more than the intended beneficiaries.

We therefore need a balance between these approaches, so that we do not
recreate the same disastrous scenario that we did when it comes to
agriculture. We destroyed viable enterprises, had no funds to pay land
owners, restricted ownership through patronage and undermined our own food
security, all in the name of black economic empowerment. The sad fact is
that we are repeating the same mistakes and some amongst us are even proud
of it.

You know what saddens me most? It is the fact that as educated as we claim
to be, we are clearly failing to use our education to our economic benefit.
I think I know why - it is because of ZANU (PF)'s lack of long term vision
and seriousness in really addressing economic development in Zimbabwe.

My wish is that we all have a mature and intelligent approach to this matter
because it is important. They are numerous Zimbabweans out there with
brilliant ideas on how we can indigenise Zimbabwe without destroying the
very thin economic base that we now have. Brainworks (aka the economic hit
man) does not have the monopoly of ideas and a USD45 million fee is a
preposterous proposition that needs to be reversed. Surely the chairman of
NIEEB cannot defend this travesty with a straight face as he did the other
day. Structuring a vendor financed transaction is one of the simplest
exercises. For once, I agree with Gideon Gono; I support his stance and
encourage him to keep the pressure.

Another economic crime against Zimbabweans is being committed and
unfortunately it is not what is beneficial to all of us Zimbabweans that
seems to be the priority, but the vested interest of those rather exuberant
politicians who are the loudest and most manipulative together with their
hyenas clothed as consultants. In the end it is the ordinary poor Zimbabwean
who must once again pay the price.

I am hugely embarrassed but I must say I am not surprised at all. I
encourage President Mugabe to get on top of this matter as a matter of
urgency because he is the one who deployed the minister.

Vince Musewe is an economic analyst based in Harare. You can contact him
directly on vtmusewe@gmail.com


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The jury is out on Zim's constitution

http://mg.co.za/

01 MAR 2013 07:40 - JASON MOYO

Zimbabwe's draft constitution, where it has been available, has been greeted
by widespread cynicism and apathy in the country.

The debate on the new constitution in the small Highfields community hall on
Tuesday was just heating up when youths in "RG Mugabe" berets rushed forward
in a scramble to get copies of the draft.

The meeting was one of many that are being held across the country to get
voters interested in the March 16 referendum in which all political parties
are campaigning for a "yes" vote.

But the meetings are only showing how sceptical Zimbabweans are that a new
constitution, which has taken more than three years to draft, will bring
real change to the way they are governed.

The constitutional parliamentary select committee (Copac), which is
overseeing the process, appears to be merely going through the motions of
explaining it. Public interest is low and the committee is extremely short
of the means to launch an effective publicity campaign.

At the Highfields meeting, Innocent Gonese, a Movement for Democratic Change
(MDC) MP, and his Zanu-PF counterpart, Flora Buka, had to give up on the
meeting after the scramble by the Zanu-PF youths, just when the two were
beginning to take questions from the audience.

"Nothing will change with these people," a man shouted as the locals
streamed out of the hall. The disturbance appeared to have annoyed those
attending the meeting.

Outside the venue, Buka admitted they were desperately short of materials.
"We are going to try to print more copies, in both English and local
languages, as and when our resources are increased by our well-wishers," she
said.

Speaking out
The crowds have been small, even though the debate has been vibrant, if
cautious. It is likely the draft will sail through, as both Zanu-PF and the
MDC are urging their constituencies to vote for it.

"So you say the constitution will determine how the leaders must behave,"
said a man, waving a copy of the draft at Gonese. "But anyone can tear it
up. Where in this constitution do I see guarantees that those who overrule
the constitution will be penalised?"

When Gonese and Buka sought to explain how the constitution would deal with
the resignation of a leader, there were laughs and mocking cheers from the
audience. "There is no need for that clause," one man shouted from the back,
drawing more laughter.

Hearing about the clause that puts term limits on the presidency, one man
stood up to ask: "Won't whoever steps down cause problems for the new leader
once they retire?"

The clause saying the military must be "subordinate to civilian authority"
drew more mocking calls.

And when the speakers asked the crowd to vote "yes", a man retorted: "Just
tell us what's in your draft. Don't tell me how to vote."

The constitution's supporters say it is better than the current one, which
was drawn up on the eve of independence in 1980 and has been amended 19
times.

But the Copac meetings are revealing how weary Zimbabweans have grown of
promises of reform, five years after the unity government was formed,
pledging change.

At the Queen Elizabeth School hall in Harare, only a handful of people
turned up and, before the speakers had finished talking, they had begun to
walk out. Old tensions also disrupted a meeting in Mbare, where Zanu-PF
supporters walked out when Gonese started addressing the meeting.

Despite the difficulties, Gonese believes the message is being put across.
"The enthusiasm is growing and we are encouraged by it. People want to read
and understand it [the constitution] and they understand what's in it."

However, two weeks before the vote, the committee is still facing serious
logistical hurdles. It says it has printed 90 000 copies of the draft
constitution, 20 000 in local languages and 70 000 in English. Each district
was allocated 500 copies, with MPs being given just 20 copies each. In many
rural districts, voters are being asked to go to the local government
offices to read it there. Copac also intends to translate 500 copies into
braille to cater for the visually impaired.


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SOS from the wilderness: Save our Save

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

Thursday, 28 February 2013 12:20

AS the ownership wrangle engulfing the Save Valley Conservancy continues
with no clear solution in sight, the wildlife paradise is being ravaged by
poachers and unplanned development. The privately-owned wilderness now risks
being completely rundown, reports Nelson Chenga.

ALONG Zimbabwe’s Masvingo-Birchenough Bridge highway in the south eastern
Lowveld is a little known place called paGedhe. Literally, it means “at the
gate,” although there is no gate in sight.
The place, which has about a dozen or so tiny shops, was named after the
main gate leading into what was once arguably the country’s largest cattle
ranch of Devuli that covered 7 500 square kilometres when it was created in
1919.
The ranch has, however, shrunk in size. What used to be the main gate is now
located some 40km away from its original site after President Robert Mugabe’s
controversial land reforms sliced by half the ranch’s former size to the
current 3 400 square kilometres.
Despite having already lost half of its land, the fate of Devuli appears yet
to be sealed, as further land reforms eat into the remaining property by
releasing thousands of villagers into the ranch.
Devuli was transformed into the country’s biggest privately-owned game park,
now called Save Valley Conservancy, in mid 1990s.
The conservancy is in the country’s predominantly Natural Region 5, an area
with a highly erratic annual rainfall of less 650 millimeters, making cattle
and crop production or any other form of agricultural activity an extremely
dicey pre-occupation.
The creation of the Save Valley Conservancy was so well supported that the
government signed international Bilateral Investment Promotion and
Protection Agreements (BIPPAs) with more than half a dozen governments that
then invested heavily into the park by helping erect a 350km perimeter game
fence, purchasing animals and sinking boreholes, among other things.
A memorandum of understanding (MOU) between the conservancy, which has about
25 former white commercial cattle ranchers, and the five rural districts of
Bikita, Chiredzi, Zaka, Buhera and Chipinge was also signed in 2000 to
soften the hard edge created by the physical fence barrier.
The MOU gave birth to social and economic partnerships that benefitted the
conservancy and its neighbours.
However, more than two decades down the line the dream of creating an animal
paradise that would be part of one of the world’s biggest game reserves, the
Great Limpopo Transfrontier Park, is turning into a nightmare as the project
fast falls apart.
Half of the 350km game fence has been ripped off and used to snare the park’s
wild animals that include more than half of some of Zimbabwe’s greatest
treasures, the rhino, the lion, the leopard, the buffalo and the elephant,
commonly referred to as the Big Five.
Four of Africa’s celebrated Big Five are all on the International Union for
the Conservation of Nature’s Redlist of Threatened
Species, a list of flora and fauna in danger of extinction.
Organised criminals using high-powered guns have also come to the party
specifically to target the Big Five.
Considering that a licenced hunter is willing to pay US$20 000 to shoot a
lion and US$12 000 for a bull elephant over and above the US$2 500 they pay
per day to secure a hunting permit, one can easily figure out that the
country is being prejudiced of millions of dollars by poachers ravaging Save
Valley Conservancy.
Venison and fresh game meat is now a common daily diet for communities
around the park because of rampant poaching activities .
With the fence damaged, the wild animals, especially lions, now also roam
freely into the communal areas attacking livestock, creating an ugly state
of chaos.
The situation looks even more untidy as about 2 000 people, with more still
coming in, are busy clearing huge tracts of the conservancy, including areas
covered under BIPPAs, to plant crops such as sorghum and millet.
Juxtapose this perplexing scenario with a spirited campaign by a horde of
influential politicians and businesspeople seeking a stake in the
conservancy without them contributing a single cent, the future for Save
Valley becomes too ghastly to contemplate.
The situation on the ground is moving from bad to worse as the conservancy
members refuse to pay unit taxes, maintain the conservancy, chiefly the
boundary fence, or take responsibility for whatever happens in the game park
arguing that it is no longer clear who owns the property, a state of affairs
that is promoting a free for all situation.
Save Valley Conservancy Trust chairperson, Basil Nyabadza, in an interview
with The Financial Gazette In-Depth, said a conservancy was not very
different from a nursery; a special designated asset that must be jealously
guarded.
“However, in the past five years we have seen unprecedented levels of
poaching taking place . . . It’s organised poaching. It’s not being done by
amateurs. It’s well-organised and sadly possibly aided by local people out
of greed. Poaching is now getting out of control in the conservancy,” said
Nyabadza.
Nyabadza, who has courted the ire of some of the politicians and
businesspeople seeking a stake in Save because of his strong views against
unplanned resettlements and poorly structured empowerment programmes,
highlighted that some of the poachers now have the temerity of using
automatic weapons, a situation which he described as worrying.
Nyabadza, whose Agricultural and Rural Development Authority has a stake in
Save, said very little safari hunting could take place in the conservancy
this year since the game park’s future continues to hang in the balance due
to the ownership wrangle.
“Sadly there have been cancellations of hunting from foreign clients because
they are aware there is a dispute in progress and last year’s trophies have
not been exported because the ministry has withheld some of the permits. So
these are some of the immediate problems that have taken root. Someone comes
here, pays full fees, hunts and we then deny them the permit to
export. Immediately they ask: ‘What’s happening?’ We have lost badly this
season as a nation. We have lost badly because the trust and expectations of
the hunting community (have not been met). It doesn’t look good and it means
serious cash flow constraints,” said Nyabadza, adding that the scenario may
affect the successful hosting of the United Nations World Tourism
Organisation (UNWTO) General Assembly to be held in August this year.
“There is a programme coming up this August, the UNWTO, so we must be at our
best behaviour. We don’t need to be in conflict, shouting at each other and
undermining the very constituency who are going to be hosted by us. Now we
have some of those with whom we have signed bilateral agreements agitated
that their assets are under siege. This is causing problems in our
international relations.”
The Lowveld Rhino Trust director, Raoul du Toit, who was part of the
conservancy since inception, said the major donors behind rhino conservation
were concerned that the economic viability of Save Valley was being
undermined by political disputes that have disrupted safari hunting
operations.
Said du Toit: “Because ecotourism is presently limited in Zimbabwe owing to
negative international perceptions, the conservancy relies heavily upon
safari hunting . . . Major recurrent costs arise in anti-poaching, water
pumping, fence maintenance, restocking, maintenance of infrastructure,
skilled staff, marketing and other aspects of the wildlife business.
“Once safari hunting is disrupted, the conservancy members have no income to
maintain their ranch operations, which include anti-poaching activities. In
the past, the members were able to look after rhinos very effectively on
behalf of the nation…”
Du Toit suggested that for Zimbabwe to wean itself from donor assistance
such as that currently being given by the International Rhino Foundation and
SAVE Foundation, there was need for community partnerships to help reduce
the costs involved in protecting wildlife resources. Incentives for local
communities to sustain wildlife resources can also help reduce local
poaching, fence destruction and other problems, he said.
The five rural district councils that signed the MOU with the Save Valley
Conservancy Trust in 2000 are also losing thousands of dollars in unpaid
unit tax because of the dispute.
“You cannot approach any of the farmers because they are saying they are not
the owners,” said Bikita Rural District Council (RDC) chief executive
officer, Johnson Mpamhadzi.
Bikita RDC failed to collect US$152 747 in unit taxes last year, an amount
which represents 7,6 percent of the council’s budget.
Nonetheless, with the Save Valley Conservancy dispute having been referred
to Deputy Prime Minister Arthur Mutambara, one just hopes that a solution
would be found soon before it is too late.


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Constitution Watch 9/2013 of 1st March [Inconsistencies between Referendums Act and Electoral Act]

CONSTITUTION WATCH 9/2013

[1st March 2013]

Too Late for Postal Votes in the Referendum

Although the Act specifies that anyone who “is 18 years or above and is eligible to be registered as a voter” has the right to vote in a Referendum, potential voters outside the country will not be able to cast postal votes in the coming Referendum on the draft constitution. According to the Electoral Act, Part XIV, there has to be a period of two weeks for people to apply for a postal vote; and, filled-in ballot papers have to be received by the Chief Elections Officer two weeks before the Referendum polling date. By giving only one month’s notice of the Referendum date the government has effectively disenfranchised persons who might have wished to cast postal votes. Those normally entitled to a postal vote are Zimbabweans outside the country on duty in the service of the Government and their spouses, e.g., diplomatic and consular officials, civil servants travelling outside the country on Government business, and police officers and military personnel serving abroad on UN peacekeeping missions. This opens the way for challenges in the High Court, although it is unlikely that Government employees will take legal action against their employer.

Referendums Act Should have been Aligned with Amended Electoral Act

Another problem that has arisen from the Government’s haste over the Referendum date is that there was no time left to amend the Referendums Act.

As pointed out in previous Constitution Watches and Bill Watch Legal Reform Series, changes need to be made to the Referendums Act. The Act is nearly fourteen years old. It was a rushed job and, despite its title, was really designed for the Constitutional Referendum of 2000. It was not entirely satisfactory as a Referendums Act then, and was open to improvement. But, most importantly, since then inconsistencies have arisen between it and subsequent electoral law changes. An amendment was made in 2004 to transfer the conduct of referendums from the Registrar-General’s Office to the then new Zimbabwe Electoral Commission [ZEC]. But, since then, there have been no subsequent amendments to align it with later changes to the Electoral Act, including the substantial changes made by the Electoral Amendment Act of 2012.

The Government was well aware of problems with the Referendums Act. This is shown by the fact that proposals for a new Referendums Act put forward by the Minister of Constitutional and Parliamentary Affairs, who is responsible for the administration of the Act, remained stuck in Cabinet for over a year before being rejected for want of inter-party agreement to proceed. The Minister then tried to get approval for a Referendums Amendment Bill, but that too has not emerged.

Importance of clarity for the Forthcoming Election

The forthcoming constitutional referendum could be an historic turning-point for Zimbabwe. For that reason it is important that no one should be in any doubt about how the Referendum will be conducted, the fairness of the process and the accuracy of the result.

Problems Arising from Existing Referendums Act

Some of the problem aspects of the Referendums Act are as follows:

· Postal or special voting

First, and most important, the question of postal or special voting, and voting by the Zimbabwean Diaspora, should be clarified. The Act does not mention any form of voting other than voting at polling stations, which suggests that no other form is permissible. It is undesirable that these issues should be open to legal argument.

· Vote counting procedures contradict those in Electoral Act

According to section 7 of the Referendums Act, votes cast in a referendum are counted by returning officers [impliedly at constituency centres] and the results forwarded direct to the Chief Elections Officer of the Zimbabwe Electoral Commission [ZEC]. This should be amended to incorporate words expressly aligning the vote-counting procedures for referendums with the different procedures now prescribed for elections by the Electoral Act, which requires votes to be counted and announced initially at polling stations, then verified and collated at constituency level and finally at national level – a comprehensive procedure designed to eliminate dangers of vote-rigging.

· Out-of-date reference to the Registrar-General in section 9(2) the Act

Section 9(2) of the Act is inconsistent with section 8(4), to which it refers. The reference to the Registrar-General should be to the official correctly named in section 8(4) [the Chief Elections Officer of the Zimbabwe Electoral Commission], not to the Registrar-General. This does not present a serious legal problem; the rules of interpretation of statutes allow an obvious mistake like this to be corrected by reading in what should obviously be there.

· Communication of final results – contradictory with Electoral Act

In the Referendums Act, section 8(3) states that, once he or she has put together the results coming in from returning officers, ZEC’s Chief Elections Officer must declare the result [total number of votes, number of YES votes, number of NO votes, number of spoilt papers]. This is the legally effective declaration of the result. It is then for the Minister of Constitutional and Parliamentary Affairs to notify that declared result by notice in the Government Gazette. The new procedure laid down by the Electoral Act for Presidential election results involves ZEC only: the Chief Elections Officer not only declares the result, but also has the duty to notify it in the Government Gazette [Electoral Act, section 110(3)(j)]. Ideally, the declaration

· Role of Political Parties

The role of political parties in the forthcoming referendum should also be considered. Parties do not compete directly in referendums, but their attitude towards the outcome of a referendum affects the electoral environment, whether it is peaceful or violent, and their support for or opposition to the question to be decided at a referendum will usually be a decisive factor in determining the result. If a political party campaigns for or against the issue in a referendum [the major parties have said they are going for a yes vote, but some smaller parties may be going for a no vote], ZEC should be given power to declare the party to be a contestant in the referendum and to be subject to all the obligations, and entitled to all the rights, of a political party in a general election and observe the counting process.

· Difficult to obtain a reasonable level of transparency

In a General Election candidates and their agents are entitled to official copies of the completed results forms in the polling station. In the Referendums Act it states that in adapting the Electoral Act for the purposes of a referendum, references to candidates, election agents and polling agents must be disregarded. Accredited observers can observe vote counting but are not entitled to official copies of the returns. Alternative provisions should be made for interested parties [as well as the political parties as suggested above] to be able to have and keep official copies of any polling station returns if there is to be a reasonable level of transparency in the tabulation process.

Referendum Regulations Also Need Aligning

The Referendum Regulations [SI 22A/2000] have never been amended, and are even more out of date than the Act, They are, for instance, full of references to the Registrar-General, who no longer has any functions in relation to referendums.

The Solution

At least the Regulations need to be changed and public informed of changes

As Parliament has already adjourned until 7th May – and as Referendum day [16th March] is just two weeks away – there is no chance whatsoever of an amending Bill being passed by Parliament before the Referendum.

It is therefore up to ZEC and the Minister of Constitutional and Parliamentary Affairs to fill the gaps by amending or replacing the Referendums Regulations of 2000. ZEC has the power to make regulations in terms of section 11 of the Act, but they require the approval of the Minister before they can be gazetted. Regulations are in the pipeline and expected to be gazetted shortly.

There is also a certain leeway for ZEC under section 10 of the Referendums Act. for some adaptive administrative decisions [Section 10 of the Referendums Act states that “... the Electoral Act and the regulations made thereunder shall apply to any referendum, in so far as they can appropriately be applied to it ...” and adds that references in the Electoral Act to an election must be construed as references to a referendum.

It is very important though that changes in the regulations and any leeway taken on administrative decisions by ZEC should be thoroughly explained to the public.

Importance of Public Understanding and Trust

It is of the utmost importance that ZEC makes it clear to voters exactly how the Referendum will be conducted, so that there can be no room for confusion arising from the out-of-date referendums legislation. Explanatory statements on new regulations and on administrative decisions should be advertised in the press, and pamphlets in English and indigenous languages should be circulated widely. Understanding of the process and transparency will build up trust in ZEC [it is a newly constituted constitutional commission] for the General Elections.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied


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Constitution Watch 10/2013 of 1st March [Draft Constitution: COPAC Awareness Campaign Venues]

CONSTITUTION WATCH 10/2013

[1st March 2013]

COPAC started its awareness campaigns on the draft Constitution ahead of the Referendum on Monday 25th February. Details of campaign venues from 1st March onwards appear below, province by province.

The meetings are open to all.

BULAWAYO

Date

District

Venue

Time

Sat 2 March

Mzilikazi

Stanley Square Open Arena

10 am

Sat 2 March

Mzilikazi

White City Arena

2 pm

HARARE

Date

District

Venue

Time

Fri 1 March

Ruwa/Epworth

Epworth Secondary School

2 pm

Fri 1 March

Ruwa/Epworth

Thorncroft Primary School

2 pm

Sat 2 March

Chitungwiza

Aquatic Complex

2 pm

Sat 2 March

Chitungwiza

Unit L. Community Hall

2 pm

Sun 3 March

Harare North

Hatcliffe Community Hall

2 pm

Sun 3 March

Harare North

Dzivarasekwa Community Hall

2 pm

Mon 4 March

Highfield

Glenview New Hall

2 pm

MIDLANDS PROVINCE

Date

District

Venue

Time

Fri 1 March

Chirumanzu

Charandura Business Centre

10 am

Fri 1 March

Chirumanzu

Mvuma

2 pm

Sat 2 March

Gokwe North

Nembudziya Business Centre

10 am

Sun 3 March

Gweru

Muchakata Business Centre

10 am

Sun 3 March

Gweru

Mavoleni

2 pm

Mon 4 March

Gokwe South

Gokwe Community Hall

10 am

Mon 4 March

Gokwe South

Dengwe Secondary

2 pm

MASHONALAND EAST

Date

District

Venue

Time

Fri 1 March

Mudzi

Mudzi Resource Centre

2 pm

Sat 2 March

Mutoko

Mutoko Council Hall

2 pm

Sat 2 March

Mutoko

Makosa Hall

1 pm

Mon 4 March

Murehwa

Murehwa Centre

2 pm

Mon 4 March

Murehwa

Musami Centre

1 pm

Tues 5 March

Goromonzi

Bhora

2 pm

Tues 5 March

Goromonzi

Domboshawa

1 pm

MASVINGO

Date

District

Venue

Time

Fri 1 March

Mwenezi

Maranda

10 am

Sat 2 March

Masvingo

Nemanwa RDC

10 am

Sat 2 March

Masvingo

Masvingo Civic Centre

2 pm

Sun 3 March

Mwenezi

Sovelele

10 am

Mon 4 March

Mwenezi

Gandanyemba

10 am

Tues 5 March

Chiredzi

Chitsanga Community Hall

10 am

Wed 6 March

Chiredzi

Sengwe: Malipati (Chief Sengwe)

10 am

Thurs 7 March

Chiredzi

Chikombedzi

10 am

MASHONALAND WEST

Date

District

Venue

Time

Fri 1 March

Mhondoro/ Ngezi

Mamina Business Centre – Ngezi

10 am

Mon 4 March

Mhondoro / Ngezi

BF Business Centre - Muzvezve

10 am

Sun 3 March

Hurungwe

Magunje Business Centre

9 am

Sun 3 March

Hurungwe

Zvipare Business Centre

2 pm

Mon 4 March

Hurungwe

Tengwe Business Centre

9 am

Mon 4 March

Hurungwe

Karoi Community Club

2 pm

Tues 5 March

Kariba

Nyamhunga Council Housing Office

9 am

Wed 6 March

Kariba

Makande Secondary School

9 am

Wed 6 March

Kariba

Ward 9 Musambakarume

2 pm

Thurs 7 March

Kariba

Siakobvu Centre

10 am

MANICALAND

Date

District

Venue

Time

Fri 1 March

Chimanimani

Ngangu Ground

10 am

Fri 1 March

Chimanimani

Mashonjowa Primary School

2 pm

Mon 4 March

Buhera

Murambinda Growth Point

10 am

Mon 4 March

Buhera

Muzokomba Business Centre

2 pm

Tues 5 March

Chipinge

Gaza Stadium

10 am

Tues 5 March

Chipinge

Rimbi MDA

2 pm

Wed 6 March

Makoni

TBA

10 am

Wed 6 March

Makoni

TBA

2 pm

MASHONALAND CENTRAL

Date

District

Venue

Time

Fri 1 March

Mbire

MahuweHODS

10 am

Fri 1 March

Mbire

Public meeting

12 noon

Mon 4 March

Rushinga

Rushinga-HODs

10 am

Mon 4 March

Rushinga

Rushinga Grounds

12 noon

Tues 5 March

Muzarabani

Centenary - HODs

10 am

Tues 5 March

Muzarabani

Muzarabani

2 pm

Thurs 7 March

Guruve

Guruve Centre- HODs

10 am

Thurs 7 March

Guruve

Mudhindo Hall

2 pm

MATABELELAND SOUTH PROVINCE

Date

District

Venue

Time

Fri 1 March

Insiza

Avoca

2 pm

02 Mar 2013

Insiza

Mpopoti

9 am

03 Mar 2013

Umzingwane

Esiphezini Hall

2 pm

03 Mar 2013

Umzingwane

Mathendele

2 pm

Mon 4 March

Bulilima

Mlomo

2 pm

Tues 5 March

Bulilima

Madlambuzi

2 pm

Wed 6 March

Mangwe

Madabe

2 pm

Thurs 7 March

Mangwe

Crossroads

2 pm

Fri 8 March

Matopo

Mthwakazi

2 pm

Fri 8 March

Matopo

Maphisa

2 pm

MATABELELAND NORTH

Date

District

Venue

Time

Fri 1 March

Umguza

Nyamandhlovu

10 am

Fri 1 March

Umguza

Ntabazinduna

2 pm

Mon 4 March

Tsholotsho

Sipepa

10 am

Mon 4 March

Tsholotsho

Dinyane

2 pm

Tues 5 March

Bubi

Inyathi

10 am

Tues 5 March

Bubi

Sigande

2 pm

Wed 6 March

Nkayi

Gwelotshena

10 am

Wed 6 March

Nkayi

Zenka

2 pm

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied



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