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HARARE, - A conference on the
scaling up of antiretroviral (ARV) therapy in
Southern Africa opened this
week in Harare, Zimbabwe.
The first of its kind in the country, the event
is being hosted by the
Pan-African Treatment Access Movement (PATAM), the
Treatment Action
Campaign, Zimbabwe Activists on HIV and AIDS (ZAHA) and the
Southern Africa
HIV/AIDS Information Dissemination Service
(SAfAIDS).
Addressing journalists on Wednesday at the start of the
conference, SAfAIDS
executive director, Lois Lunga, said the meeting could
provide an
opportunity for countries to review some of the challenges faced
in the
roll-out of ARVs.
He said the three-day conference, titled
"Scaling up Treatment in Southern
Africa: A Way Forward", was also expected
to focus on the need for more
public information on antiretroviral drug
treatment.
"The conference would also focus on the World Health
Organisation (WHO) 3 by
5 initiative, which is aimed at providing
antiretroviral treatment to three
million people by 2005," Lunga was quoted
as saying.
The WHO initiative could this month see Zimbabwe's major
hospitals offering
ARVs to people living with HIV/AIDS under a partnership
with UNAIDS and the
country's Ministry of Health and Child Welfare.
A
representative of the clergy, Bishop Trevor Manhanga, said it was
time
Africans discarded their perceived indifference towards the
epidemic.
"This conference has to find out what is going wrong. Despite
the suffering
and deaths of our compatriots, we continue as though nothing is
wrong. If
debt-ridden bankrupt African countries can find the money to buy
luxury
vehicles for their government ministers and political cronies, then
why can
they not find the money to ease the suffering of their people
infected by
HIV/AIDS with access to ARVs and other essential medicines,"
Manhanga said.
Mugabe Poll Poses Dilemma for MDC
The Namibian
(Windhoek)
March 4, 2004
Posted to the web March 4,
2004
Windhoek
ZIMBABWE's opposition Movement for Democratic Change
(MDC) is yet to decide
whether to boycott or take part in next year's
parliamentary elections,
according to a senior aide of MDC President Morgan
Tsvangirai.
William Bango, special adviser to, and spokesperson for,
Tsvangirai,
suggested that elections would not be possible while the current
political
and social situation continued in the troubled southern African
nation,
"where democratic space has completely shrunk".
"This is the
dilemma facing us...whether we should boycott and let them take
everything
or, if we participate under the present circumstances and the
elections are
rigged, what will be our claims," Bango told Namibian
journalists in Windhoek
yesterday.
"The Zanu-PF (President Robert Mugabe's ruling party) would
very much like
to have elections under the present situation where they can
manipulate
everything because state institutions are basically
dead."
Last month Mugabe was quoted as saying that a parliamentary
election would
be held next March.
Bango stated that the MDC would
decide whether to participate in that poll
only after debate within the
party.
"We will not take a unilateral decision, that is why we took the
matter to
all the party structures. We are mobilising a broad-based mass
action," he
added.
Bango accused the ruling Zanu-PF of stalling all
initiatives towards
dialogue that might have broken the country's political
impasse.
"There has been nothing happening (as far as dialogue was
concerned) since
June or July last year, contrary to claims by (South African
President
Thabo) Mbeki that Zimbabweans are talking," he
declared.
Earlier this year, Mbeki announced that Zimbabwe's two main
political
parties had agreed to renew formal dialogue soon to resolve the
country's
socio-economic and political crisis.
Bango, who is currently
in Namibia to exchange views with the Congress of
Democrats, believes that
this country can only play an important role in
pursuing a solution to his
country's problems "once the government here
realises that the crisis in
Zimbabwe is to do with governance, but has
nothing to with America or
Britain".
Sunday Times (SA)
'Go to hell' says Zimbabwe minister
Thursday March 04, 2004 15:15 - (SA)
HARARE - Zimbabwe's information minister
has dismissed new US sanctions
which target him and other members of
President Robert Mugabe's ruling
party, saying "imperialist" Washington could
go to hell, a
newspaper said.
"These Americans who are pontificating
about human rights and democracy
would not recognise these things even if
they hit them on their faces. So go
and tell the imperialist to go to hell,"
Information Minister Jonathan Moyo
was quoted as saying in today's edition of
the state-run Herald daily.
The United States on Tuesday said it was
widening an existing sanctions
regime against Zimbabwe to include seven
government-related businesses.
The State Department said the sanctions
will apply to commercial farms
"seized" by Moyo; Zimbabwe Defence Industries,
a state-owned arms maker and
M&S Syndicate, a holding group owned by the
ruling
Zimbabwe African National Union-Patriotic Front (ZANU-PF).
Moyo
denied that he owned three farms included among the blacklisted
Zimbabwe
businesses, insisting he owned just one - but would not be selling
his
produce to the US.
"I am flattered that these hamburger-eating
imperialists are interested in
my tomatoes... but I am sending them to Mbare
Musika," Moyo said, referring
to a popular produce market in the capital
Harare.
On Wednesday, US President George W. Bush renewed sanctions he
imposed on
Zimbabwe President Robert Mugabe and other government officials
one year ago
for allegedly undermining democracy in the
southern African
country.
Bush said the Zimbabwe government was causing a breakdown of the
rule of
law, economic instability, and fomenting politically motivated
violence.
Meanwhile, Canberra on Thursday tightened its sanctions against
the Mugabe
regime, barring managers of state businesses from visiting
Australia.
There was no immediate reaction to the news by the Zimbabwe
government.
Last month the EU extended sanctions it had imposed against
Zimbabwe to
include an arms embargo as well as travel restrictions and a
freeze on
possible overseas assets of 95 government officials, including
Mugabe.
AFP
The Age
Australia expands Zimbabwe bans
Senior managers of
Zimbabwean state-owned enterprises will be banned from
travelling to
Australia under the latest expansion of so-called smart
sanctions against the
African nation.
They will join government officials on the list of
Zimbabweans facing visa
restrictions for travel to Australia.
Foreign
Minister Alexander Downer said the targeted sanctions were aimed
at
encouraging the Zimbabwean President Robert Mugabe to address the
human
tragedy underway in the country, without the sanctions harming
the
strife-torn nation's people.
"The policies and actions of the
Mugabe regime are forcing Zimbabweans to
endure economic meltdown and
relentless attacks on democratic values and the
rule of law," Mr Downer said
in a statement.
"I call on Robert Mugabe to take immediate steps to
restore his country to
democracy and the rule of law."
Australia would
continue to provide food aid to Zimbabwe, he said.
©2003 AAP
FinGaz
Probe targets ZUPCO
Nelson Banya
3/4/2004 7:36:42 AM (GMT +2)
lHeads to roll as fraud suspected
lScania threatens legal action
IN an extra twist to the controversy
surrounding the acquisition of 48
buses from Scania South Africa by the
Zimbabwe United Passenger Company
(ZUPCO), police have, after protracted
investigations, said that there is a
sound basis for the prosecution of all
people involved in the case, which
should be treated as fraud.
This comes as it emerged that the deal has gone sour and spawned a
boardroom
discord at Scania which is now mulling legal action against ZUPCO
over its
failure to pay for the buses.
The buses were acquired in 2002 at a
cost of US$4.8 million and
cash-strapped ZUPCO, currently on the ropes over
the issue, is still to pay
an outstanding US$3 663 680. This would translate
to $14.7 billion at the
average auction rate of $4 000 to US$1.
Although the legal suit is reliably understood to have been instigated
from
the Switzerland head office to recover the R40 million Scania stood to
lose
from the deal, it is the clearest sign yet of growing nervousness about
the
beleaguered local company's ability to pay the outstanding $14
billion.
Scania now considers the deal financially imprudent after it was
sent on a
merry dance when it asked for payment of the outstanding
debts.
"We have received some payment but it has been a year since
we last
got paid. And we have decided to take legal action but I am not able
to give
you all the details but we will be able to talk to you 10 days from
now",
said Henrik Henriksson, the Scania export manager in an interview
from
Angola yesterday.
ZUPCO chief executive Bright Matonga
professed ignorance about the
impending legal suit.
Pressure on
ZUPCO appeared to rise inexorably over the past two months
as concern about
the financial health of the company percolated through the
market. The
company, which has seemingly failed to get an eleventh hour stay
of execution
from Scania, has indicated that it would seek recourse to its
shareholders
for an urgent cash injection to enable it to redeem its
swingeing debts.
ZUPCO's shareholders are insurance giant Southern Union
Financial Holdings
(SUFH) and government, which is already increasingly
finding it difficult to
balance the books. They own 49 and 51 percent
respectively.
Impeccable sources said as the government tried to jettison a
potentially
embarrassing debacle, police were unleashed to carry out
investigations into
the procurement of the buses at the end of January this
year.
On
January 27 2004, a Superintendent Marodza and Detective Assistant
Inspector
Nhunhama of the Fraud Squad in Harare went to South Africa to
carry out the
investigations, which covered the history of the contract
between ZUPCO,
Metropolitan Bank and Pioneer Motor Company representing
Scania.
They also covered the terms and conditions of payment. At Interpol
Pretoria,
Superintendent George Rogers, Inspector Mabaso and Inspector
Lebethe assisted
the Zimbabwean police officers in this inquiry.
Police, who have
since concluded that there is a compelling case
against those involved in
what they now consider "fraudulent activities",
instituted the probe after it
emerged that the supplier had not been paid
and that $4.72 billion of the
$7.5 billion made available as cash cover for
the payment of a US$4.8 million
debt with Scania could not be accounted for.
The funds made available by
Metropolitan Bank as cash cover for the deal,
the sources said, might have
disappeared in as yet unexplained
circumstances.
Suspicion was
further raised when it was revealed that $1.52 million
was paid to Hinley
Enterprises, a company whose involvement with the
procurement of buses by
ZUPCO is still obscure.
A payment of $100 million was reportedly
made to Pioneer Development
Company (PDC), whose directors are Simon Rudland
and his wife. PDC owns
Pioneer Motor Company, which acted as Scania's agent
in the transaction.
An additional $3.1 billion reportedly found its
way back to ZUPCO on
the grounds that the bus company wanted to source
foreign currency to pay
Scania.
The Financial Gazette
established this week that while several payment
channels had been proposed,
no significant payment had been made to Scania,
which is now on the verge of
taking legal action to recover the buses.
It has also emerged that
the $7.5 billion cash cover had ballooned to
unsustainable levels due to the
huge interest it was attracting.
This paper has it on good
authority that a delegation from Scania
South Africa, led by Henriksson, was
in the country on January 28 to meet
ZUPCO chief executive officer Bright
Matonga and board chairman Charles
Nherera in pursuant of payment for the
buses. Sources close to the
proceedings indicated that nothing materialised
from the trip. Henriksson
confirmed this.
"Their (Scania
officials) trip to Zimbabwe was in pursuance of their
payment, which they had
been asked to come and collect in Zimbabwe by
Matonga and ZUPCO chairman
Professor Charles Nherera. On arrival they were
told that their money had
been deposited into their account through Stanbic
Bank Zimbabwe.
"As a follow-up, they checked with Stanbic Bank and they were told
that
according to bank records no such deposit or transaction had ever
taken
place," a police source said.
It is reported that when the
Scania delegation, led by Henriksson,
went back to confront Matonga and
Nherera, the two indicated that they had
arranged a meeting with Local
Government Minister Ignatius Chombo and the
Reserve Bank of Zimbabwe (RBZ).
The meeting never took place.
However, in correspondence to Chombo,
Nherera indicated that the first
payment was made to Scania in November 2003,
almost a year after the coaches
were procured.
"November 2003 -
the first payment in foreign currency, amounting to
US$1 000 000.00 was made
to Scania South Africa. December 2003 - a second
payment of US$200 000.00 was
made to Scania South Africa.
"The two amounts of forex were sourced
by Stanbic Bank and were paid
for (at the official exchange rate of Z$824 to
US$1 plus the bank charges)
by Pioneer Motor Company using the cash cover.
Both transactions were
effected through the RBZ who released the money
directly to Scania South
Africa," Nherera wrote.
Nherera
indicated that the Minerals Marketing Corporation of Zimbabwe
had become
party to the funding arrangements of the ZUPCO debt and had, in
January, made
US$1 126 116 at the rate of Z$4 000 to US$1. Payment for this
(which amounted
to $4 504.464 000) was also to be made from the cash cover.
However, the foreign currency was not released, apparently on the
orders of
the Ministry of Finance and Economic Development, which stopped
Stanbic from
disbursing the forex for unclear reasons
FinGaz
Makamba ousted from Telecel
Brian
Mangwende
3/4/2004 7:38:27 AM (GMT +2)
THE drama continues
in the long-running James Makamba case with
reports that the Empowerment
Corporation (EC) last week staged a boardroom
coup to oust the embattled
business tycoon from the chairmanship of Telecel
Zimbabwe and replaced him
with Silas Hungwe.
Hungwe, whose corporate history is suspect, is
the president of the
Zimbabwe Farmers Union (ZFU) which is also a member of
the EC. The EC is a
consortium of indigenous entrepreneurs with a controlling
stake (60 percent)
in the mobile cellular phone operator whose licence was
granted by Cabinet
in 1997. The licence was granted for political
considerations under the
banner of black empowerment and wealth creation.
Telecel International, a
foreign firm, owns the remaining 40
percent.
Makamba, the former ZANU PF chairman for Mashonaland
Central and
central committee member, is a founding member and chairman of
Telecel
Zimbabwe. The prominent entrepreneur was arrested on February 9
on
allegations of externalising billions of dollars in foreign currency and
is
still incarcerated under the anti-graft crusade in the financial
and
business sectors initiated by President Robert Mugabe.
Impeccable sources close to the developments yesterday said that EC
members
including representatives from the ZFU, National Miners Association
of
Zimbabwe (NMAZ), Magamba eChimurenga and Integrated Engineering Group
held a
meeting last Thursday and replaced the beleaguered Makamba arguing
that the
changes were unavoidable in the face of his arrest.
Leo Mugabe,
President Mugabe's nephew, who is fighting to reclaim a
long disputed 10
percent stake in Telecel, was said to be at the meeting.
Absent from the
meeting were representatives from the Indigenous Business
Women's
Organisation (IBWO) and Makamba's Kestrel Corporation.
EC's
secretary-general Giles Munyoro confirmed Makamba's "ouster"
saying it was
precipitated by his arrest.
"We held the meeting last week and
replaced Makamba with Hungwe,"
Munyoro, also the president of the NMAZ said.
"We have provisionally
appointed Jane Mutasa as the vice pending her sentence
in court."
Munyoro said: "We gave all representatives of the EC
seven days notice
of the meeting. We formed a quorum and made our decision.
IBWO turned down
the invitation. I was re-elected secretary-general."
FinGaz
Jitters as Wankie fires 10 senior managers, phases out some
posts
Staff Reporter
3/4/2004 7:39:39 AM (GMT
+2)
BULAWAYO - Wankie Colliery Company Limited (WCC) has axed 10
senior
managers as part of the ongoing restructuring of the country's sole
producer
of coal, The Financial Gazette can reveal.
It also
emerged yesterday that a Harare-based employment agency -
Proserve Executive
Appointments - has been roped in to recruit new employees
to fill the void
left by the 10 managers shown the exit at short notice
last
month.
WCC managing director Godfrey Dzinomwa advised all
employees of the
retrenchments in a memorandum dated February 17
2004.
"As a follow up to my communiqué of 16 February 2004,
the
restructuring of the senior management and strategic positions in
the
company has resulted in the following managers proceeding on leave
pending
the recruitment for the newly restructured positions: general
manager
(operations), general manager (finance and
administration).
"Vacant positions phased out, technical services
manager, processing
manager, marketing manager, public relations officer,
chief internal audit,
security manager, purchasing manager, materials manager
and human resources
manager," read the memorandum titled "Organisational
restructuring".
Sources at the colliery told this newspaper that it
was all jitters
among the remaining senior managers and other employees who
are not yet
certain about their fate.
The government, through
the Mines Ministry, gave the new colliery boss
the green light to do whatever
he can to turn around the fortunes of the
Zimbabwe Stock Exchange
(ZSE)-listed concern, which is tottering from a
shortage of foreign currency
needed to procure spare parts and lack of
adequate capital.
As
part of the turnaround, Dzinomwa is anticipating to increase
production by at
least 90 percent by May this year.
WCC is the country's largest
producer of coal and coke products and is
listed on the ZSE and the
Johannesburg and London stock exchanges.
Apart from the government,
WCC shareholders include Messina Investment
Limited (11.72 percent), Garmony
Investment (Pvt) Ltd (10.52 percent),
London Register (7.33 percent), Edward
Nominees (Pvt) Limited (5.83
percent), Johannesburg Register (1.96 percent),
the National Social Security
Authority (1.96 percent), SCM Limited (1.17
percent), Wangh Co (Pvt) Limited
(1.03) and 1 206 individual shareholders
with an16.87 percent stake.
FinGaz
Cash-strapped Air Zim fails to recover US$4mln from
Congolese airline
Staff Reporter
3/4/2004 7:41:17 AM (GMT
+2)
THE troubled national airline, Air Zimbabwe, has seemingly
failed to
recover the US$4 million (about Z$16.8 billion) it is owed by
Lignesa
Airlines (LAC) of the Democratic Republic of the Congo since March
2000.
Insiders at Air Zimbabwe told The Financial Gazette this week
that the
parastatal, which was at one time suspended from the
International
Association of Travel Agents, had run out of ideas on how it
could recover
the debt that could help improve the airline's working capital
requirements.
The case has since been referred for arbitration. The
development came
about after the national airline entered into a joint route
management deal
with LAC.
Under the deal, Air Zimbabwe planes
serviced the
Harare-Kinshasa-Brussels route, while LAC staff sold tickets on
behalf of
the Zimbabwean airline and proceeds were to be deposited in a joint
account.
The deal collapsed in March 2002 after LAC failed to
deposit the money
into the joint account. LAC has since lost interest in
reviving the
collapsed deal.
Air Zimbabwe chief executive
officer, Rambai Chingwena, who
communicated with this reporter through his
secretary, referred all
questions to the airline's legal and corporate
affairs department.
The legal and corporate affairs manager, Arthur
Manase, said various
ways were being explored to ensure that the matter was
resolved.
"Please note that all options are being explored to
ensure that the
matter is settled to the mutual satisfaction of all parties
concerned. As
Air Zimbabwe engages in its turnaround strategy, all efforts
are being made
to enhance its service delivery by resuscitating and
broadening its routes
whenever possible," said Manase.
Efforts
to get a comment from LAC officials were fruitless by the time
of going to
print.
Several Zimbabwean companies which attempted to do business
in the DRC
had their fingers burnt because of the high political risk which
prevailed
in that country.
FinGaz
Ex-trust Bank chief quizzed
Staff
Reporter
3/4/2004 7:42:02 AM (GMT +2)
CORNELIUS Maradza,
the managing director of the Zimbabwe Development
Bank (ZDB), who had the
shortest possible stint as the Trust Holdings
Limited boss, was quizzed by
police last week over a case involving US$500
000.
Police
spokesman Wayne Bvudzijena confirmed investigating officers
took Maradza and
two other ZDB officials to task on February 25 but declined
to give details.
He said: "I can confirm we were investigating the case, but
I cannot give you
the details."
Insiders at ZDB suspected the trio could have been
grilled over a
foreign currency loan advanced to Southend Cargo Airlines for
purposes of
financing an airfreight business in Zimbabwe. Southend had plans
to lease an
aircraft from the United States, which did not materialise
because of
alleged delays in the transfer of the funds.
When the
transfer was effected into an account kept by Southend's
business partners in
the US, representatives of the airline allegedly did
not sign for the
money.
This raised questions on how the transaction was effected.
It is
further alleged that ZDB had no licence to trade in foreign currency.
A
mortgage bond on the residential property of one of Southend's
directors
secured the facility. Maradza confirmed that he was quizzed by
police
yesterday but denied ZDB externalised foreign currency.
"This was a legitimate business transaction aimed at generating
foreign
currency. Transfers were done using registered dealers. We
understand that
our client sued the leasing company for the return of the
money and was
unsuccessful," he said.
FinGaz
Fresh row over chefs' hunting safari leases
Njabulo Ncube
3/4/2004 7:42:50 AM (GMT +2)
FRESH
allegations of favouritism in the allocation of hunting quotas
for this
season have emerged in Hwange, giving a fresh dimension to the
controversy in
Matabeleland North that has sucked in senior ZANU PF
officials.
The new twist to the saga surrounding the allocation of lucrative
hunting
concessions comes at a time when disgruntled locals have recommended
the
cancellation of all contentious safari leases parcelled out to ZANU
PF
chefs.
Last month, The Financial Gazette highlighted the
discord in the area
over the allocation of photographic and hunting leases to
senior ZANU PF
officials from outside the region.
Players in the
hunting and photographic sector in the province held a
highly charged meeting
on Sunday chaired by the governor and resident
minister for Matabeleland
North, Obert Mpofu, demanding the re-distribution
of hunting
quotas.
Locals claimed the Department of National Parks and
Wildlife
Management had denied them hunting quotas this season, a charge a
department
official said was necessitated by over-hunting, mostly in the
Gwayi and
Hwange areas.
The entry of alleged outsiders dominated
the meeting, also attended by
officials from the National Parks and Wildlife
Management, the Intensive
Conservation Association, the Forestry Company of
Zimbabwe (FCZ) and local
government officials.
It emerged at the
meeting that some ZANU PF politicians,
business-people and ambassadors from
outside Matabele-land held about 100
000 hectares of land each, while local
politicians, among them governor
Mpofu, held about 3 000
hectares.
Mpofu confirmed holding the land but said he and others
in the eastern
part of the massive Hwange National Park had been banned from
hunting.
Mpofu told The Financial Gazette that the meeting
recommended the
repossession of land with a view to re-distributing it in a
manner that
would not raise eyebrows.
"It has also been
recommended that locals be given priority in the
allocation of the safari and
forestry lands. The stakeholders felt that if
locals were given some of the
lucrative farms with large game, they would be
able to develop their
communities. I am happy that the meeting came up with
recommendations and I
will be forwarding these to Minister John Nkomo and
Minister Francis Nhema,"
he said.
Nkomo is the Minister of Special Affairs in the Office of
the
President Responsible for Lands, Land Reform and
Resettlement.
Nhema, the Minister of Environment and Tourism, could
not immediately
comment, but has in the past disassociated himself from the
allocation of
the farms allegedly to his close colleagues in ZANU
PF.
Last month, Nhema defended the allocation of farms to some of
his
colleagues outside Matabeleland, saying it would be unfair for his
ministry
officials to discriminate people from other provinces.
Documents prepared by the Department of National Parks shown to
this
newspaper before the meeting on Sunday showed that in Matetsi Unit
One,
Eddie Kazombe was allocated 403.77 square kilometres in Unit 2, Enos
Dube
292.11 square kilometres, Unit 3 Jacob Mudenda 355.51 square
kilometres,
Unit 4 M. Chidziva 469 square kilometres and Webster Shamu of
Famba Safaris
in Unit 5 with 368.59 square kilometres.
Jocelyn
Chiwenga, wife of Zimbabwe National Army Commander Constantine
Chiwenga, is
listed as holding 585.40 square kilometres in Unit 6, while
Lovemore Chihota
has 614 square kilometres in Unit 7. Marble Dete is listed
as holding 30.5
square kilometres and Tobias Musariri 512 square kilometres.
Several others connected to the ruling party also held huge tracts of
land in
the wildlife-rich Sikumi Forestry under the jurisdiction of the fca.
These
included a Mr Nyamupingidza of Kasipite Safaris, L Chitiga of
Forklands
Investment and Ms Nyamuswa of Shanganai. Ambassador Mvududu is
listed as
having been allocated 8 000 hectares of Deka.
FinGaz
Chiyangwa's bail conditions relaxed
Staff
Reporter
3/4/2004 7:43:56 AM (GMT +2)
BULAWAYO - The High
Court has relaxed bail conditions for Philip
Chiyangwa, the flamboyant
Chinhoyi legislator and ZANU PF chairman for
Mashonaland West, who is facing
three criminal charges.
Harare High Court Judge Justice Bhunu on
Monday this week varied
Chiyangwa's bail conditions imposed by the court on
January 16 2004.
Chiyangwa is out on bail on charges involving the
obstruction of
justice, contempt of court and perjury which surfaced after
the arrest of
ENG Capital Asset Management directors, Nyasha Watyoka and
Gilbert Muponda,
on fraud allegations involving $61 billion.
Justice Bhunu ordered Chiyangwa to report to Borrowdale Police Station
once a
fortnight every Sunday between 6am and 6pm. Before the bail
alterations, the
legislator was reporting at Harare Central Police Station
on Mondays,
Wednesdays and Fridays.
The judge also directed the Registrar of
the High Court to release the
ZANU PF Member of Parliament's passport "into
the latter's custody whenever
applicant (Chiyangwa) intends to travel on
business, subject to the
applicant providing proof of destination and
duration of visit, and
applicant shall surrender the passport to the
Registrar of the High Court
within two (2) days of returning from such
travel."
Meanwhile, the Carte Blanche show, which recently
broadcast a
documentary implicating several ruling party and government
officials in a
grain smuggling operation, has publicly issued an apology to
Chiyangwa after
the station named the Chinhoyi legislator in the insert
broadcast on
February 22 2004.
The insert, entitled "An empty
grain basket?" contained footage of a
delegation of prominent Zimbabwean
public officials at Shankuru Estates -
from which the grain smuggling
operation was run.
Carte Blanche said one of the members of the
delegation identified as
Chiyangwa was in fact not him.
FinGaz
Tourism catches a fever as polls near
Hama
Saburi
3/4/2004 7:46:07 AM (GMT +2)
THE 2005 parliamentary
polls are sending chills down the spines of
players in the tourism industry,
who often catch a severe cold each time
Zimbabwe's main political parties
square up in crucial elections, analysts
said this week.
President Robert Mugabe, 80, announced last month that the elections,
which
could turn out to be a fierce battle between his ruling ZANU PF and
the
Movement for Democratic Change (MDC), would be held before March
2005.
Players in the tourism industry, who still have bitter
memories of the
catastrophic events that plunged the sector into a "no-go
zone" in the
run-up to the bloody June 2000 parliamentary elections and the
2002
presidential ballot, are already worried about another possible bumpy
cycle.
Analysts told The Financial Gazette this week the industry,
which at
one point rose from the ashes to become Zimbabwe's third largest
foreign
currency earner, was a sensitive one that was highly susceptible
to
political and economic shocks.
They said it was no surprise,
therefore, that the tourism industry
took a major battering at the height of
the government's chaotic land reform
programme.
Before the
bloody agrarian reform in 2000, tourism earned the southern
African economy
US$770 million in 1999, but the figure plummeted to a paltry
US$77 million in
2002.
And between 1999 and 2002, Zimbabwe all but lost the
lucrative
European and American markets, the industry's
lifeblood.
'Look East'
Players in the
sector are now battling to eke out niche markets in the
Far East in line with
President Mugabe's "look East" policy in the face of
Western pressure against
his government over human rights issues.
A couple of weeks before
President Mugabe's announcement of the 2004
plebiscite, both ZANU PF and the
MDC had launched their campaigns, raising
temperatures within the tourism
industry, which is still battling to recover
from the damage caused by the
June 2000 parliamentary ballot and the 2002
presidential
election.
Bulawayo-based chartered accountant Eric Bloch said
irrespective of
the parliamentary election, there were little prospects of
the industry
returning to its glamorous position of the early
1990s.
Prospects
Bloch said: "I can't
see prospects of a recovery until we can convince
the world that there is law
and order in Zimbabwe. People care about crime
rate and
violence.
"On top of that, they know of the shortages we have from
time to time,
that is, fuel, and they see no point in coming to
Zimbabwe."
Ironically, Bloch is expected to head a team from the
central bank
that will have the tough task of convincing Zimbabweans abroad
to remit
their earnings through official channels.
The
Bulawayo-based analyst, however, said he saw a flicker of hope in
regional
and domestic tourism, where Zimbabwe still enjoyed some
confidence.
Lulls
He said the period
preceding elections elsewhere had always been
accompanied by lulls in tourism
and, for Zimbabwe, some players could even
fail to emerge from the
slump.
"For companies in this industry, some may collapse, but the
main thing
is how much they can profit from regional tourism," he
said.
The impact would mostly be felt in the second half of the
year,
traditionally the period in which companies rake in much of their
profits,
he said.
For the local tourism sector, it may not only
be the elections that
could weigh down prospects of a quick
turnaround.
The industry is still to profit fully from the "look
East" policy,
which has not been helped by the outbreak of the deadly bird
flue virus in
Asia.
Experts say the virus could be worse than
the Severe Acute Respiratory
Syndrome, better known by its acronym SARS,
which sent tremors in Zimbabwe
last year.
A local analyst,
Nyasha Chasakara, admitted there were a number of
other things that still
overshadowed the tourism industry such as the
negative sentiment in the
economy.
Chasakara said the fact that there would be elections in
South Africa,
Zimbabwe's largest trading partner, in April 2005 could mean
that the whole
southern region could also be affected by a slump in
tourism.
Glitter
But despite the
setbacks, Chasakara said players within the industry
such as ZimSun Leisure
and Rainbow Tourism Group, among others, had tried to
restore the industry's
lost glitter.
"When you look at the industry as a whole, it's not
in their hands to
decide their destiny. But I would say the mood surrounding
the elections
will determine where the industry will go. If they are good and
there is no
violence, then the economy will benefit.
"One gets
the feeling that they are less than 12 months away already
and there hasn't
been that much hype we have picked up about tourists who
are now sceptical
about visiting Zimbabwe," said Chasakara. "The lifting of
travel bans is also
encouraging."
Monetary policy
A
leading tourism expert, Petros Chidziya of Travellers Information
Centre,
said problems were mounting for the industry as it was now grappling
with the
after-effects of the new monetary policy announced by the central
bank in
December last year.
The policy saw the near-collapse of some banks
from the contagion
resulting from the closure of ENG Capital Asset
Management.
"The industry has been indirectly affected by this
development as some
of our clients had invested in some of the affected
financial institutions.
This spelt disaster for us as they had to readjust
their travel budgets and
late payments were also
witnessed.
Brisk business
"We also saw
the introduction by the Reserve Bank of the foreign
exchange auction, which
saw the firming of the Zimbabwe dollar against all
major currencies. We were
doing brisk business with the Zimbabweans staying
abroad who were paying for
air tickets for their relatives to visit or join
them.
"They
were getting a very favourable rate on the parallel market,
which made the
fares affordable. With this new development, they are finding
it difficult
and are holding back, hoping the dollar might lose again,"
said
Chidziya.
"The road has not been easy since the
announcement (of the new
monetary policy) by the governor of the Reserve Bank
of Zimbabwe on the 18th
of December 2003.
"The world just
collapsed for both individuals and companies as a host
of malpractices were
unearthed in the financial sector."
FinGaz
The (un)holy alliance of tycoons, politicians
Brian Mangwende
3/4/2004 7:47:01 AM (GMT +2)
Arrests of
prominent business moguls show links with
politicians are as much a
curse as they are a blessing
THE wave of arrests that swept the
country in the past few weeks,
netting a number of politically well-connected
and influential business
people, underlines how it can be both a curse and a
blessing for any
business person to be associated with
politicians.
In Zimbabwe, which has had its fair share
of corruption, the twin
forces of cronyism and a deep-seated political
patronage system have given
rise to sweetheart deals that are a product of
influence-peddling and
back-scratching relationships for commercial
convenience.
But recent events in the economic sector, spawned by
the government's
anti-graft crusade and which have seen the arrests of
prominent business
people with strong links to the ruling ZANU PF, have
raised debate on
whether political patronage pays.
Costly
Analysts said while it paid in the short term to
associate with and
ride on the influence of politicians, such relationships
could be costly in
the long term.
They said those who survived
on such links should not cry foul when
the tables were suddenly
turned.
The past three months have witnessed a clampdown on vice
within the
financial sector - an initiative of the central bank that has
roped in ZANU
PF lightweights but apparently turned a blind eye on the real
culprits whose
hands are truly stuck in the till.
Wheelers
Political analyst Alois Masepe said business
people aligned to
politicians were nothing more than wheelers and dealers
without areas of
specialisation who jumped at every opportunity that came
their way using
political protection and patronage.
"Business
persons attached to politics or politicians must realise
that politics can
make or break them," Masepe said.
"They are usually in business to
benefit from political patronage. The
business people bypass procedures and
win tenders to do this or that.
"They harvest as much as they can
under political protection, but they
must realise that there is an ultimate
price to pay when the tables turn.
They will be used as sacrificial lambs,"
he added.
Masepe cited prominent businessmen such as
Mushandirapamwe and
Mwamuka - both now late - as shining examples of
entrepreneurs who fought
hard and honestly to earn their keep.
He said they had achieved fame and fortune under very
harsh
conditions.
"Those caught at the wrong end of the stick
must now not complain.
"They took advantage of their political
links, getting rich using
short cuts and unsavoury means. Now they are the
victims of the same
politics they so cherished," he
said.
Difficulties
Another political
analyst, Heneri Dzinotyiwei, said: "It's not really
beneficial in the long
run because at some point, those business persons may
run into
difficulties.
"The business people should not be seen to be mixing
with politicians
for the simple reason of wanting to benefit from the
relationship and gain
some form of political clout. They should mingle with
civil servants who
deal with the issues at hand."
Dzinotyiwei,
however, said there was nothing wrong with interacting
with politicians
provided the business people did not change the way they
conducted their
business.
Commenting on the clampdown on white-collar crime,
Dzinotyiwei said he
doubted the government's sincerity given that its past
policies had been
supportive of the vice in the first
place.
Linked
As the blitz on
corruption unfolded, first to be dragged to the courts
were two youthful
directors of ENG Asset Management, Gilbert Muponda and
Nyasha Watyoka, on
allegations of squandering over $61 billion of investors'
money.
The pair is reportedly linked to some ZANU PF heavyweights who
allegedly used
the two as fronts to cut corners and accumulate wealth,
taking advantage of
the economic chaos in the country.
Then ZANU PF's chairman for
Mashonaland West province, outspoken
businessman and Member of Parliament for
Chinhoyi, Philip Chiyangwa, was
arrested on charges of contempt of court and
perjury after he threatened to
deal with an investigating officer during a
bail hearing in the magistrates
court.
Chiyangwa later won his
bail case in the Supreme Court.
As the war against white-collar
crime took its toll, prominent Trust
Bank executives William Nyemba, Chris
Goromonzi and Nyevero Hlupo were
booted out of the financial house on
allegations of mismanagement.
Also nabbed
Former ZANU PF Mashonaland West chairman and
prominent businessman
James Makamba was next in line.
He was
arrested for allegedly externalising funds and his co-director
in mobile
phone network Telecel Zimbabwe, Jane Mutasa, was also nabbed.
Mutasa was convicted of externalising US$2 000.
Makamba is reported
to have close political links with former
Commander of the Defence Forces and
now businessman Solomon Mujuru, former
Cabinet minister Chen Chimutengwende
and Minister of State for National
Security in the President's Office
Nicholas Goche.
Support
Mutasa, on the
other hand, is said to enjoy a lot of support and
respect in the ZANU PF's
Women's League.
Constitutional law expert and chairman of the
National Constitutional
Assembly, Lovemore Madhuku, said it was inevitable
for business people to be
closely linked to politicians but added that
political patronage was an
inherent business risk.
"If you are
operating in an environment where the rules are fair, you
don't need to be
linked to anyone," Madhuku said.
"But if you are in an environment
where political clout can assist
your business, then the links are
inevitable. Those being arrested must not
regret or cry foul. If you
associate with a corrupt regime, you only have
yourself to blame when things
go wrong."
FinGaz
Moyo's powers unreasonable, lawyer concedes
Staff Reporter
3/4/2004 7:50:08 AM (GMT +2)
THE lawyer
representing the government and the Media and Information
Commission (MIC) in
the case in which the Associated Newspapers of Zimbabwe
(ANZ) is challenging
the constitutionality of some sections of the Access to
Information and
Protection of Privacy Act (AIPPA) yesterday conceded that
some of the powers
vested in the Information Minister were unreasonable.
Johannes
Tomana of Muzangaza, Tomana and Mandaza, yesterday admitted
that some of the
powers given the minister through AIPPA were too much,
unreasonable and
cannot satisfy the natural laws of justice.
Under cross-examination
from Chief Justice Godfrey Chidyausiku and
Justice Luke Malaba when the
Supreme Court sat as a constitutional court to
hear ANZ's challenge on AIPPA,
Tomana could not defend the sweeping powers
that the Act gives to the
minister, especially under Section 4.
Under this section, the
minister can charge a member of the media
regulatory body, the (MIC), with
misconduct, suspend him, investigate him,
prosecute him and even dismiss him
without the involvement of any other
person.
"The body
regulating journalists should be independent from both the
government and
commercial interests, but with the minister having powers to
suspend members
of the Commission, how would this be possible?" said Justice
Chidyausiku.
"How can the minister, who is an interested party, have the
powers to charge
a member with misconduct, investigate and prosecute him?"
Asked, as
a lawyer, if something was not wrong with such powers in a
democratic
society, Tomana responded: "I have no specific instructions to
concede to
that," to which Justice Malaba interjected: "You don't need to
have any
instructions to concede to this . if the section is unlawful, it
is
unlawful!
"What makes it even worse is that the Act does not
even attempt to
define what constitutes an act of misconduct," Justice
Chidyausiku said.
"The minister would have to decide what constitutes a
misconduct and what
does not . in this case even sneezing can be defined as
misconduct."
ANZ challenged the constitutionality of several
sections of AIPPA, but
the Supreme Court has already ruled on a number of
them after they had been
challenged by Capital Radio and the Independent
Journalists Association of
Zimbabwe. Tomana argued that most of the remaining
provisions of AIPPA were
"reasonable in a democratic society and therefore
constitutional", drawing
parallels with some Swedish and British media
laws.
He said Swedish media laws, which he said has 14 journalistic
crimes
compared to AIPPA with one journalistic crime, were worse than
the
Zimbabwean laws.
ANZ lawyers led by Mordecai Mahlangu
dismissed Tomana's arguments,
saying it was not true that Swedish and British
media laws were worse than
AIPPA as in most cases they were not interpreted
the way the State was
interpreting them.
FinGaz
Comment
ZCTU has lost it
3/4/2004
7:33:43 AM (GMT +2)
SINCE the departure of its former articulate
leader, Morgan Tsvangirai
who, in the glow of his greatest triumph as a
labour leader switched to
politics in 1999, the Zimbabwe Congress of Trade
Unions (ZCTU) has lost
contact with reality. The labour movement does not
seem to have a strategic
clarity of thinking and a vision as to the path to
be trodden in the fight
for the workers' cause.
And indeed there
is predictably a crisis of public confidence in the
union which does not seem
to have sufficient leadership depth. In sharp
contrast to Tsvangirai, who it
must be admitted, led the labour body with
some degree of distinction, the
current leadership with a bloated opinion of
its importance is, for want of
better words, a pathetic excuse for trade
unionists.
And if
nothing else, last week's failed industrial action, a major
blow which
further damaged the ZCTU's reputation as a credible labour body
or what was
left of it, only helped to underline the extent to which the
labour body no
longer inspires confidence anymore.
The labour movement
increasingly appears to be out of its depth when
it comes to what their
constituency, the workers, consider burning issues.
Unless the ZCTU
leadership has a cruel and dry sense of humour, how could
they, in their
wisdom, ever think that they could rally the workers to
demonstrate against
such inconsequential and far-fetched issues as the
unceremonious exit of
Lovemore Matombo from his job at Zimpost?
Given the trauma,
violence and well documented police brutality during
such incidents, who in
their right mind would risk life and limb going into
the streets for such a
worthless cause? Indeed, who would risk being locked
up for such an asinine
reason in a situation where the police are
increasingly known to ensure
public safety everywhere except the police
station? Please. Are these people
serious? Is this the best that they can
do? Or are we missing something
here?
Don't we already have a plethora of vexing issues that need
urgent
attention? For a start, scores of workers have been made redundant
over the
past couple of years as companies moved to trim fat from their
employment
rolls in the face of the economic meltdown but the ZCTU did not
even twitch.
So what is so special about Matombo? Not only that but there is
widespread
discontent over social deprivation resulting from economic
mismanagement,
frequent and unjustifiable sensitive price increases and an
insidious tax
regime among others. Even though these issues directly affect
the workers,
they have at most provoked muted response from the
ZCTU.
Lest we are misunderstood, we have to point out that we
totally agree
with the ZCTU that there is a compelling case against the
National Social
Security Authority (NSSA). This is something that the labour
body should
pursue with the zeal of the converted because there is need for a
radical
push for transparency at the pension management institution, which
is
currently run under a veil of secrecy. Workers who contribute to
the
pay-as-you-go state pension offered by the authority indeed demand
full
disclosure and they must get it! They have a genuine grievance against
NSSA
but then why spoil and indeed trivialise it by lumping it together
with
inconsequential and unrelated issues? The mind boggles. Or could there
be
more to the ZCTU leadership's intentions than meets the eye?
We feel, as indeed do most of the workers who bear the brunt of the
alleged
mismanagement at NSSA, that some of the issues put down as the
reasons for
the ill-fated job stayaway were too specious and spurious as to
be tangible.
This explains why the ZCTU dismally failed to sway the people
towards the
stayaway which incident will now go down in history as a
farcical episode in
the history of trade unionism in Zimbabwe. In fact,
there is now a justified
ill-feeling over the sincerity of the current ZCTU
leadership which, as
surely as the sun rises from the east and sets in the
west, will soon switch
trade unionism for politics. The general feeling is
that the ZCTU leadership
is now using its position to stitch together a
political power base at the
expense of real worker-related issues. How sad.
FinGaz
Project doomed as govt fails to raise US$10 mln
Staff Reporter
3/4/2004 7:14:51 AM (GMT +2)
Hope for end
to energy woes shattered
THE Lupane gas project is facing collapse
amid revelations that the
government has failed to raise US$10 million (about
$39 billion at the
auction rate) needed to kick-start the project, The
Financial Gazette
established this week.
Sources close to the
Industrial Development Corporation (IDC), which
has been scouting for
investment partners over the years to get the project
off the drawing board,
said the shortage of foreign currency had dealt a
hammer blow to the
initiative, long seen as the part of the solution to the
country's energy
crisis.
"The government is committed to implementing the project,
but the
prevailing economic conditions have made it very difficult to raise
the
required foreign currency," said the source.
Contacted for
comment this week, IDC general manager, Mike Ndudzo,
referred all questions
to the group's public relations consultant who could
not respond to questions
by the time of going to press.
The project, which was to be
spearheaded by a local company called
LUPGAS, was mooted in
1999.
Other local investors that had shown interest in the project
include
the Zimbabwe Power Company, which is a subsidiary of the
Zimbabwe
Electricity Supply Authority (ZESA) and the Zimbabwe Mining
Development
Corporation.
The project would provide an
alternative source of energy for local
companies currently battling with high
electricity bills.
Zimbabwe imports electricity from the region but
the foreign currency
shortages have resulted in suppliers refusing to renew
contracts with the
financially troubled ZESA.
A nationwide
blackout is looming, as ZESA is battling to raise about
US$51 million (Z$186
billion on the auction rate) needed to settle its debt.
FinGaz
Gloomy outlook for tobacco
Staff
Reporter
3/4/2004 7:22:52 AM (GMT +2)
Selling season
forecast to kick off on a low note
TOBACCO auction floors are set
for a gloomy early opening, despite
indications that the industry could react
positively to the boon provided by
the new foreign currency regime announced
by the central bank late last
year.
Industry players said
although the opening date of the auction floors
had been brought forward to
March 30 from the usual mid-April, chances were
that business would be
subdued until May.
Zimbabwe Tobacco Association (ZTA) president
Duncan Millar said the
industry had agreed to move the date forward to help
cash-strapped farmers
ease their cash flow problems.
"We agreed
to open the auction floors earlier mostly because a lot of
farmers are in
need of money, but we anticipate low activity on most
auctions until May,"
Millar said.
Most farmers had planted late and this was likely to
impact negatively
on tobacco deliveries when the auction floors open, he
said.
A crop size of between 60 million and 62 million kgs of
flue-cured
virginia tobacco is expected to go through the three auction
floors, down
from 82 million kgs achieved last season.
"This has
been a very difficult season, but we anticipate a similar
crop in quality to
that of last year," said the ZTA president.
The tobacco industry
has faced serious problems, which have seen
production of the country's top
foreign currency earner plummeting to its
lowest levels in
decades.
The unavailability of inputs, coal and a hitherto
unfavourable
exchange rate have devastated the sector.
Analysts
say even with a handsome 33 percent jump in the world United
States dollar
price of tobacco since 2000, the government's chaotic land
reform has cost
the country more than US$200 million in lost production.
The
tobacco selling season closed last year with 82 million kgs having
gone
through the country's three auction floors at an average price of
US$2.25 per
kg, translating to US$183 million netted in the 2003
tobacco
season.
Observers say whatever the land reform might in
the future achieve in
terms of greater racial equity in ownership, its
negative impact on tobacco
output and exports has been severe.
In 2000, the year the chaotic land reform started, about 237 million
kgs of
tobacco was sold at an average price of US$1.69 per kg, earning the
country
US$400 million.
But hectarage under tobacco production has fallen
from 84 857 in 2000
to 74 295 in 2002 and an estimated 65 000 in 2003,
despite the increase in
the number of farmers in the sector following the
agrarian reform.
FinGaz
Street kid menace
Mbulawa Moyo
3/4/2004 7:52:08 AM (GMT +2)
Twice within one month in the recent
past, there were reports in the
national press about middle-aged women who
were raped by Harare's fearsome
army of street kids who have virtually become
a law unto themselves.
What was so chilling about the latest
incident of rape involving these
young street dwellers, who have turned the
streets of Harare into terror
zones for motorists during the day almost in
the same way as they have
turned them into terror zones for women during the
night, was where the rape
occurred.
Whereas in the past they
were accosting their victims in the dark
corners of streets far removed from
the city centre, usually in the avenues
or in the kopje area of Harare of
which some parts still remain seedy
despite the considerable success of
efforts in the past ten years or so to
clean it up and render it more
respectable, their last recorded victim was
raped in Leopold Takawira
Street.
It was well within the city's central business district,
presumably in
the full glare of that street's powerful lights.
And it must be noted that whatever reports of rape or
general
molestation
From Page 25
of women that have
found their way into the press have only managed to
do so because the victims
were all above 30 years of age and so had the
courage to go public about
their ordeal - a demeaning and humiliating
experience which younger women
would not normally want publicized. As such,
they can only be the tip of an
iceberg.
Our society is such that going public would expose the
girls to the
ever-present danger of being victimized twice as the cruel
tendency in most
underdeveloped societies is to unfairly blame the women for
what happened to
them because, in the minds of some men - and, unbelievably,
quite a few
women from the older generation - "they asked for it by moving
around town
at night unaccompanied".
God knows how many dozens,
if not scores, of women who were moving in
the company of their partners have
been raped in the presence of their
helpless boyfriends or even husbands and,
in quite a few cases, having been
dragged forcibly out of their partners'
cars. The problem is therefore not
the women but men who think like
animals.
It is because of the prevalence of that unfortunate
attitude in
society that the majority of young women who are molested in that
way prefer
not to make a report, not even to their close relatives or
friends. That
practically creates a situation where a society in which
everyone ought to
feel safe, is inadvertently made, for all its women, to
look like a jungle
with teeming with wild animals all on the prowl
everywhere, anxious to
pounce on any female they may take a fancy
to.
It is a primitive state of affairs which we certainly not only
can do
without but which, now that it already exists, we can and ought to
do
something to eliminate. And action to rid our society of this scourge
will
not be by way of everyone coming together and unleashing
organized
counter-terrorism against the young street-dwellers - literally
beating the
daylight out of them. No doubt, that kind of action is something
which we
actually can do, something within our capability since the young
street
terrorists are so few when compared to the number of their
potential
victims - motorists and women that together we can easily overwhelm
them.
But that kind of a solution should never be resorted to in a
civilized
society as that would be tantamount to putting our stamp of
approval to the
law of the jungle - survival of the fittest. So that way of
solving the
problem is out. There is a better way out.
A few
weeks ago, we were pleasantly surprised to see the police take
an initiative
which they ought to have taken a long time ago but which, for
some reason,
they seemed simply unwilling, but not unable, to take.
Literally, the police
mercilessly wielded the batons and rubber truncheons
which they normally
reserve for savagely beating up peacefully protesting
members of civic
organizations, their number one favourite target of late
being the Lovemore
Madhuku-led National Constitutional Assembly.
That sort of action
from the police against the street kids can only
yield very limited results.
The most immediate and visible result was that
the kids eye-sore presence on
our streets immediately disappeared. But as
similar, if less brutal, action
has proved against prostitutes, it only
provides society with a temporary
respite. After only a few days, they
started drifting back and now they are
quite visible again almost all over
town.
But where that police
action scored a bigger success was in putting
fear into youngsters' hearts.
They are no longer as arrogantly daring and
dare-devilish in their dealings
with members of the public as they were
before the police raid.
It is almost a certainty that they will never be as menacing again as
they
used to be in the past to motorists from who they virtually extorted
money as
payment for "protecting" cars against being broken into - by the
street kids
themselves of course! The kids must stay low for the obvious
reason that they
cannot afford to draw unnecessary police attention to
themselves
again.
The only way of achieving a lasting solution to this problem
is to go
about it the most humane way possible. That means applying the same
approach
which, of necessity, will have to be used when the country finally
summons
enough will to confront the obviously no-criminal but nevertheless
more
depressing presence of blind beggars on our streets: approaching it as
a
social ill that needs organized and systematic, state-sponsored
action.
In terms of the Children's Protection and Adoption Act,
these
youngsters on our streets are lawfully classified as "Children in need
of
care" just like any ambandoned children or children with abusive or
mentally
ill parents. As a trained social worker myself, I know the State has
a legal
duty and obligation to find a home for them either with their real
parents,
with adoptive parents or with foster parents or, as a last resort in
a
children's home. Those with a known criminal record will have to be
placed
in a probation hostel like Percy Ibbotson in Luveve, Bulawayo or the
Kadoma
Probation Hostel. It will have to be a combined operation involving
the
police and officers from the Department of Social Welfare.
The
technichalities of it are not our concern in this article but the fact
that
there are provisions in the country's statutes to deal with this
problem
humanely at State level. I am sure almost every single one of these
kids
knows either their parent(s}directly or at least one relative who can
lead
the police or probation officers to their parents. Wherever possible, if
the
parents can be traced and found to be sound in both body and mind,
they
should be made to play their natural role as parents in nurturing
and
providing for their offspring.
The same will have to be done
for our blind beggars. It is a fact that
many of them have relatives who can
look after them reasonably well even in
these hard times. What could be done
is that, after the Department of Social
Welfare has located a relative
willing to take the blind beggar in, they can
then be registered, and if
their own means are not sufficient to cater for
the additional person in
their care, these can be augmented by a monthly
allowance from the
department. No doubt we are likely to be told that the
government does not
have the money to tackle this mammoth task and yet it
had the money to
sustain an army in the DRC for almost five years.
The government
could also easily find the money to compensate very fit
"war victims" in
senior posts in government and to pay gratuities and
monthly allowances to
ex-combatants, most of whom are able-bodied and many
of whom are in gainful
employment and perfectly capable of looking after
themselves and their
families. But then of course it cannot be expected to
find the money to look
after its destitute.
FinGaz
Politics of governance and transparency
3/4/2004 7:34:59 AM (GMT +2)
Ever since the announcement of the
2004 National Budget and later the
Monetary Policy, there has been renewed
interest in the subject of
governance and transparency both at the government
level and at corporate
level.
A lot of developments have taken
place much to the surprise of the
public which was getting accustomed to a
different way of doing business.
These developments have seen laws
being changed, new ministries being
established and influential people being
questioned by the law enforcement
agents.
Has the economy
suddenly awaken to the need to promote good governance
and transparency? What
are the potential benefits of such a paradigm shift
in our values as a
nation?
The following is the first part of a series of discussions
on this
broad topic.
The extreme capitalist ideology had
given the wrong impression that
the economy can be left entirely to the
market forces better known as 'the
invisible hand'. As Ann Florini puts it,
'the invisible hand of the market
depends heavily on the support of a thick
glove of rules, norms, and
institutions, including governments. But too often
the glove is opaque,
obscuring flows of information essential to the
efficient and equitable
functioning of both markets and the national and
international institutions
that regulate them'.
In her 1999
article titled 'Does the Invisible Hand Need a Transparent
Glove? The
Politics of Transparency', Florini noted that transparency was on
the rise
being touted as the solution to such disparate problems as
financial
volatility, environmental degradation, money laundering
and
corruption.
She was, however, quick to note that
transparency faces much
opposition, particularly from those under scrutiny,
who have strong
incentives to avoid providing information.
The
key to increasing transparency is thus to create incentives for
governments
and corporations to provide information.
As the world becomes more
tightly integrated, many people are affected
by and thus want a say in what
used to be other people's business.
Consistent transparency can
smoothen the operation of financial
markets, and it may attract investment
that fosters growth. It provides the
means of detecting and thus correcting
errors in the policies of
governmental and international
institutions.
As democratic norms spread, it is harder and harder
to maintain
societal consensus on decision reached in secret by small
elites.
Publics have proved willing to accept painful reforms, but
only when
they have been fully consulted and kept informed.
Transparency has been defined in many different ways depending on
where it is
being used.
In politics, transparency refers to enabling citizens
to learn what
their governments are up to by obtaining information provided
by the
government.
In economics and finance, transparency has
been defined very broadly
as 'a process by which information about existing
conditions and decisions
and actions is made accessible, visible and
understandable' (IMF 1998).
Both definitions agree that
transparency is always closely connected
to accountability. Thus, the purpose
for calls for transparency is to permit
citizens, markets, or governments to
hold others accountable for their
policies and performance.
Despite the benefits of transparency, increasing it is difficult.
Doing so
often requires the power to induce disclosure, either by coercion
or by
restructuring incentives, and the information thus revealed can shift
power
from the former holders of secrets to the newly informed.
It is,
therefore, important to be pragmatic about when it is
worthwhile to push for
transparency, because that push is often costly and
not always worth the
cost.
Transparency merely lets people see streams of facts. It
neither
enables people to do anything about those facts nor conveys
any
understanding of their meaning. Thus demand for transparency only
makes
sense if two conditions are met i.e.:
lthe targets for
the call for transparency must be able and willing to
provide the requisite
information; and
lrecipients of the information must be able to
use it to evaluate the
provider of the information according to some accepted
standard of behavior.
There has been a lot of talk about
transparency in Zimbabwe with many
organisations having been formed to
champion such a cause.
It would, however, appear that the bulk of
the work was focused on the
political definition and left little room for the
corporate sector.
Government transparency is meant to attract
foreign direct investment
but their incentive not to be could hardly be more
evident.
As Alesina Perotti (1996) argues: 'the complexity of the
budgets of
modern economies is partly artificial, created to help politician
hide
taxes, over-emphasise the benefits of spending and conceal
government
liabilities.
'They present overly optimistic
projections of growth and tax
revenues, which then result in "unexpected"
deficits. They inflate baseline
projections making budgetary increases appear
smaller than they actually are
etc.
'With these and other tools
of opacity at government's disposal, the
current and proposed standards for
governmental disclosure clearly face
enormous obstacles.'
The
current thrust of fiscal and monetary policy in Zimbabwe is one of
addressing
transparency and governance issues at both the political and the
corporate
level.
The problem that the nation was having is to do with lack
of
incentives to be transparent. For a long time, the government has
been
perceived as being so corrupt that there was no incentive for
transparency.
The cry for transparency has been heard from such
organisations as
Transparency International Zimbabwe. This perception had
been absorbed by
the market to the extent that not being transparent had also
become a norm
even in business circles.
The standards of
governance had deteriorated so much that it was
impacting directly on the
livelihoods of the general populace and in the
spirit of accountability to
the electorate (ahead of elections), the
government has had to act to restore
normalcy.
The major incentive lies in what happens to the
information that is
provided i.e. whether it is used to deter misbehavior or
signal good
behavior.
Shining a spotlight on miscreants can
deter them from misbehaving if
they are convinced that misbehavior will be
spotted and penalised. This is
where government plays a major part in
ensuring that transparency exists not
only in government, but also within the
corporate sector.
On the side of corporates, there is always an
incentive to be
transparent if the environment encourages you to do so. For
instance, the
Basle Committee on Banking Supervision (1998) argues that the
market
provides incentives for banks to want to be perceived as conducting
their
business in an efficient and prudent manner.
Well-run
banks should, thus, welcome the opportunity to provide
reassurance through
greater transparency. For banks that are not well run,
transparency could act
as a deterrent; 'to the extent a bank's management
knows its activities and
risk exposure will be transparent . . . investment
decisions and other
business decisions (by market participants) can provide
a strong incentives
for bank management to improve risk management practices
and internal
controls'
In the second part of these series, we will focus more on
the recent
developments in the corporate governance and transparency front
specifically
looking at the problem of criminality.
We will seek
to answer the question of what government has done to
respond to the culture
of corruption that had gripped the nation, what
carrot and stick approaches
have been put in place. How effective have these
instruments been? How
sustainable are these?
.. Moses Chundu is group economist of
Century Holdings Limited and
a mem-ber of the Zimbabwe Economics Society
FinGaz
We don't find it funny at all, Cde
Presidents
3/4/2004 7:31:28 AM (GMT +2)
SOUTH
African president Thabo Mbeki allowed the world to get a glimpse
of a sense
of humour that may be lurking beneath his usually stern public
persona at a
meeting of the African Union in Maputo last year.
Mbeki was
relinquishing the chairmanship of the African Union and was
passing the
leadership baton to his Mozambican counterpart, President
Joachim
Chissano.
At the appropriate historic moment Mbeki playfully
brandished the
gavel menacingly at Chissano, signalling great displeasure and
loathing at
having to give up power and preparedness, if necessary, to harm
or kill his
successor.
It was all friendly make-believe of
course but the vignette, which I
watched on television spoke a thousand
words.
The Press commented at the time that most of Africa's
self-proclaimed
de facto and aspiring "Life Presidents" in attendance were
not amused by
Mbeki making light of an issue of utmost importance to them.
For, as is well
known, staying in power at all costs is probably the only
issue at the top
of the agendas of most continental dictators and
autocrats.
For me, Mbeki's podium humour was ironic because it was
the
perennially tongue-tied South African leader's most eloquent
acknowledgement
of the existence of a problem he has otherwise done his best
to ignore.
His reluctance to face this problem head-on is one of
the reasons why
his widely deplored "quiet diplomacy" with regard to the
situation in
Zimbabwe has led to a cul-de-sac.
Mbeki's practical
joke at the podium was in fact, shorthand for the
fact that most African
leaders hold their own people to ransom by regarding
remaining in power for
life as an end in itself, for which they are prepared
to commit the most
unimaginable atrocities.
It was even more ironic then, that at the
same meeting a call was made
for women to play a more active role in
promoting peace.
How do women achieve this goal, I wondered then
and I ask now, when
blame for most wars, conflicts, anarchy and civil strife
raging in many
parts of Africa can be laid at the feet of greedy warlords or
ruthless
dictator?
To some of these mad men wars and civil
strife are not only useful as
mechanisms to cow and distract their suffering
people, they are also
lucrative business propositions facilitating the
amassing of wealth through
the plunder of resources and looting of national
treasuries.
It goes without saying therefore that such rulers will
not listen to
anyone, let alone a group of women advocating
peace.
In Zimbabwe, we have seen how impossible it has become for
opposition
parties, civic groups or labour unions to organise any form of
protest
against the repressive conditions prevailing in the
country.
It seems that the powers-that-be regard peaceful marches
and
demonstrations as a greater threat to democracy and national security
than
the unruly gangs of youth militias rampaging the countryside
intimidating,
raping, maiming or even killing innocent people.
An attempt by a women's group, Women of Zimbabwe Arise (WOZA) to
spread a
message of peace and love and to bring a bit of cheer to
beleaguered
Zimbabweans by distributing roses on Valentine's Day was
high-handedly
thwarted by the police.
Two other groups organised marches to
protest against escalating
violence and the rising incidence of rape in
Harare but it's doubtful
whether our rulers pay any attention to such
concerns.
In other countries, these brave women would be regarded
as an asset to
society and would enjoy protection under the law. But in
Zimbabwe efforts to
remind the nation of universally accepted values that
separate humans from
animals are at variance with an official agenda to
prolong the mayhem and
chaos as a mechanism to remain in power.
How can peace and love mean anything to a regime that regards
killings,
torture, the raping of women and children and unrelenting violence
and
aggression against a peaceful populace as useful election
campaign
strategies?
The ethos of human expendability has become
so deeply ingrained in the
ruling elite that whether we like it or not,
nothing can move or horrify
them as long as it serves their self-interest and
ensures their
self-preservation.
The ruling party's
determination to remain in power at all costs has
resulted in it having its
own absurd interpretation of universally
understood human
values.
For example, that most basic of facts, that a person is a
person, is
not given as far as they are concerned. The value of a person's
life depends
on whether he or she supports the ruling party. It is as simple
and as grim
as that.
And when is rape not rape? The answer is
when it is used as a tool to
terrorise people into voting for the ruling
party. Likewise, violence is not
violence if it is perpetrated against those
perceived to be opponents of the
regime. The list is endless, but such is the
perversity that now
characterises official policy.
The point to
be made is that in the face of such a callous disregard
for the sanctity of
human life and flagrant violations of the rights of
Zimbabweans, people like
Mbeki cannot justify their continued failure to
speak out. If such atrocities
don't horrify him. What will?
And why are we getting a thunderous
silence from the AU's Chissano
when all attempts by Zimbabweans, including
women, to reclaim their rights
and value systems are being mercilessly and
brutally crushed?
Comrade presidents, your little prank at the
podium in Maputo may have
been amusing but your failure to take a clear,
principled stand on the
tragic situation in Zimbabwe is not funny at all.
Editorial from The Herald, 3 March
Take action against unpatriotic politicians
As the countdown to next year's general elections begins,
the global
onslaught against the ruling Zanu PF Government is being revived,
with the
international media and other organisations such as the European
Union being
primed for another go at removing President Mugabe and his party
from power.
The EU has already fired the warning shots with the continuation
of
sanctions against senior Zanu PF officials, which was followed up
by
opposition MDC pronouncements that it would boycott elections if there is
no
dialogue and the BBC's regurgitation of the same old falsehood that
youths
were being trained to kill for Zanu PF while others were being raped.
The
British government was euphoric last week when it got the support of the
EU
to continue with its sanctions regime even though there was no
justifiable
basis for these. Building up on this success, the Tony Blair
government,
which has heavily funded the BBC since the 2000 parliamentary
elections to
intensify its coverage on Zimbabwe, has unfortunately run out of
ammunition
and has resorted to regurgitating old stories that have absolutely
no basis
in truth. The BBC ran a weekend story alleging that the National
Youth
Service was being used to train young boys and girls to kill for the
ruling
Zanu PF Government to stay in power. To spice up the story and
hopefully
cause as much damage as possible, the television programme
interviewed one
girl who claimed to have been raped over several months and
some training
officer who allegedly confirmed that this was part of the
training. The
story was primed to be picked up by other newspapers and news
agencies
throughout the world that ran it with screaming headlines on the
so-called
Zanu PF torture camps.
While the story was making
headlines, the British-funded MDC was in South
Africa waxing lyrical about
boycotting next year's elections if Zanu PF does
not agree to hold talks with
them. Everybody back home knows that the
opposition party is deep in the
middle of a campaign to contest the Zengeza
by-election and that its own
campaign has been fraught with violence against
its own members for demanding
democracy and transparency in the choosing of
candidates. Of course, the
international media will ignore reports of
violence within the MDC or that it
has not boycotted any elections as it
clearly knows that the electoral
landscape is even, making it possible for
it to win the elections. The
decision to make this announcement of
boycotting the polls in South Africa
clearly demonstrates that this is part
of the revival of the international
campaign to demonise not only the ruling
Zanu PF Government but also the
country in general. This is what creates the
justification for Zimbabwe's
imperial enemies to call for tougher sanctions
against the country and for
other neutral countries to develop hostile
attitudes towards Zimbabwe. There
should come a time to say enough is
enough. Those who campaign against their
own country should be made to pay
for their callousness. We surely cannot
have politicians who openly campaign
for sanctions against their own country
and enjoy the comforts of that same
country at the same time without being
made accountable for their misdeeds.
Forex Demand for Imports Outstrips Supply
Financial Gazette
(Harare)
March 4, 2004
Posted to the web March 4, 2004
Felix
Njini
Harare
Analysts told The Financial Gazette this week that the
foreign currency
auction must supply US$150 million every month, assuming
that the government
takes care of 25 percent of the country's foreign
currency requirements at
the official exchange rate.
But this is
proving to be a tall order given that demand for hard currency
at the auction
now stands at about US$18 million every week, against the
US$8 million
allocated to bidders by the central bank.
The auction rates started at
Z$4 196 to the greenback and subsequently
appreciated to Z$3 518 against the
same unit in thin trading. The rate has
since depreciated to Z$4
086.
This has given exporters an effective blended rate of Z$3 233
compared to
Z$3 662 last November when the parallel market rate was Z$6
500.
Economist Anthony Hawkins said there has not been enough foreign
currency to
satisfy all bids. Adverse investor sentiment, which has seen very
little
offshore lending and continuing capital flight, has worsened the
foreign
currency situation.
"This means that exporters are 12 percent
worse off than they were last
year. After adjustment for inflation, the blend
rate today is about 60
percent what it was in March 2003, when the local unit
was devalued at $824.
"To get the same number of real dollars today that
an exporter got in March
2003, an exporter needs a blend rate of Z$5 150
which is equivalent to an
auction rate of Z$6 660," said Hawkins.
"The
Zimbabwean dollar will fall because of the supply and demand
imbalances,
there is not enough foreign currency in the country, what with
the widening
inflation differentials with trading partners and adverse
investor sentiments
which have deprived the country of offshore lending," he
said.
The
situation, according to analysts, has not been helped either by rising
import
costs. The firmer South African rand was also leading to increased im
port
expenses such as freight and transport costs among others.
Hawkins said
the Reserve Bank of Zimbabwe (RBZ) would need to impose higher
import duties
to choke off foreign currency demand for non-essential goods.
"A mediocre
agricultural season so far points to reduced farm exports this
year and
erosion of auction inflows by parastatals demanding payment in hard
currency.
This is putting increasing pressure on exporter viability unless
accommodated
by currency devaluation," he said.
"If exporters are to survive, currency
must depreciate, though the rate of
depreciation will slow when inflation
differentials narrow, supply side
starts to recover and foreign capital
inflows resume," Hawkins said.
Market analyst Nyasha Chasakara said
exporters have no confidence in the
"artificial" exchange rate, which is not
reflective of the supply and demand
situation.
"It is very likely that
there are some people still holding on to their
foreign currency. The economy
has not seen the worst. On the equities
market, investors are not buying
shares. The overall position is that there
is no confidence in the market and
there is no clear-cut view of where
things are going," said
Chasakara.
Trust Holdings group economist, David Mupamhadzi, also noted
that pressure
on the available foreign currency is expected to mount in the
coming months.
He added that supply injection of foreign currency was key to
the success of
the auction system.
"Demand for foreign currency is
increasing and the big question is: will the
available foreign currency meet
rising demand? If there is no supply
injection, the local unit is going to
fall and worse still, the parallel
market has not disappeared as bidders who
are failing to get allocations are
actively participating on the parallel
market,' said Mupamhadzi.
"If they fail to get the money on the official
market, they will opt for the
parallel market. There has to be a supply
injection if the rate is to be
kept at around Z$4 000," noted Mupamhadzi.
25% Duty Hike Scuppers Lake Harvest's Plans to Enter S African
Market
Financial Gazette (Harare)
March 4, 2004
Posted
to the web March 4, 2004
Harare
PLANS by fish processor Lake
Harvest to penetrate the lucrative South
African market have been scuppered
by a 25 percent duty increase slapped on
all fish products from
Zimbabwe.
A senior company official, Garikai Munatsirei, said the duty
increase has
made it difficult for Lake Harvest to compete with other players
targeting
the same market.
"This has been brought to the relevant
government ministry, which is
engaging the South African government to see if
the duty can be scrapped,"
said Munatsirei.
He said the rising costs
of fish feed, driven by increases in imported
inputs such as maize and soya
cake, had made the industry less competitive.
Locally, the company has to
contend with rising costs of packaging and
increased electricity
tariffs.
The lost external market has, however, been partially offset by
improved
domestic demand that has inspired Lake Harvest to consider upgrading
its
freezing capacity.
Lake Harvest expects to process an average of
290 tonnes of whole fish per
month this year and gradually increase
production to 360 tonnes per month in
2005 and 420 tonnes in 2006.
The
continued availability of fish feed and a viable exchange rate
would,
however, have a bearing on future production targets.
Lake
Harvest exports to the European Union, the key markets being
Holland,
Belgium, France, Germany, Austria, the United Kingdom and
Spain.
Zambia, Botswana and Malawi are also important regional export
markets
taking up to 10 percent of all export sales.
Lake Harvest also
has plans, which are at an advanced stage, to set up
similar operations in
countries like Malawi (in Lake Malawi) and Uganda (in
Lake
Victoria).
The company employs 350 permanent employees and about 100
casual workers
Judgment in ANZ, MIC Cases Reserved
The Herald
(Harare)
March 4, 2004
Posted to the web March 4,
2004
Harare
The Supreme Court yesterday reserved judgment in three
cases involving the
Associated Newspapers of Zimbabwe (ANZ), publishers of
the Daily News and
the Daily News on Sunday and the Media and Information
Commission (MIC).
ANZ has been locked in a protracted legal wrangle with
the MIC over the
company's failure to register with the official media
regulatory board and
the constitutionality of the Access to Information and
Protection of Privacy
Act.
The full bench of the superior court
comprising Chief Justice Godfrey
Chidyausiku and Justices Misheck Cheda,
Vernanda Ziyambi, Luke Malaba and
Elizabeth Gwaunza heard arguments by both
parties.
The Supreme Court also heard two appeals by the MIC seeking to
reverse
judgments issued by the Administrative Court ordering the ANZ to
resume
operations last year.
The first appeal to be heard was against
a judgment by retired
Administrative Court president Mr Michael Majuru, which
ordered MIC to
register the ANZ.
This was followed by another appeal
against the same court's ruling allowing
ANZ to execute the judgment of the
court.
In his submission, in the first case, Mr Johannes Tomana argued
that the
Administrative Court had no jurisdiction to order the MIC to
register ANZ.
Mr Tomana said according to the powers conferred on the
Administrative
Court, after hearing arguments from both ANZ and MIC lawyers,
it should have
remitted the matter to MIC for reconsideration.
He said
the powers of the Administrative Court were limited to remitting the
matter
to the regulatory board in respect of whatever findings the court
would have
made.
"The order that the respondent (ANZ) be licenced was accordingly
void and
therefore of no force and effect," Mr Tomana said urging the court
to set
aside the lower court's decision.
Mr Tomana said the refusal by
the MIC to register ANZ should be upheld.
He questioned the logic of the
Administrative Court in ordering the Minister
of State for Information and
Publicity, Professor Jonathan Moyo to
constitute a " proper" board, when he
said was not party to the proceedings
in the case.
Prof Moyo, he said,
was not afforded the chance to defend his appointments
to the commission and
yet he was ordered to appoint a new board.
"The minister is not legally
bound by the said decision of the
Administrative Court in as much as he is
not legally able to challenge the
same decision to which he was not party,"
he said.
Mr Tomana urged the court to set aside the decision against the
appointing
authority saying the lower court had seriously misdirected itself,
when it
ruled that the commission was improperly constituted.
On the
decision by the Administrative Court to force the MIC to register
ANZ, Mr
Tomana said the court erred as the newspaper group could not be
registered in
terms of the law.
Mr Tomana said the disqualification of MIC chairman Dr
Tafataona Mahoso on
account of bias, could not have invalidated the
commission's decision in
terms of the provisions of the AIPPA.
On the
second appeal against the Administrative Court's decision to enforce
its
judgment, Mr Tomana said it had no powers to do so.
Once it disposed of
the matter brought before it, it could not enforce its
judgment, in terms of
the law.
In his response Advocate Eric Matinenga who represented ANZ in
the appeal
cases said the Administrative Court properly decided the ANZ case
in terms
of the powers vested on it.
He said the finding of the court
that one member of the commission was
biased was sufficient to vitiate the
entire proceedings.
Adv Matinenga argued that since the Administrative
Court had the
jurisdiction to hear the case, it also had the power to enforce
its
judgment.
Earlier on the court heard the ANZ application
challenging sections 39, 40,
41, 65, 66, 69, 70 and 71 of AIPPA.
ANZ
lawyer Advocate Chris Andersen, in his submissions, told the court that
the
newspaper group had now complied with the order made by the court,
in
September last year that they should register with MIC before
challenging
the constitutionality of AIPPA.
He said those sections of
AIPPA, breached the rights guaranteed in the
Constitution.
Adv
Andersen argued that the MIC was irregularly constituted, as the
Minister of
State for Information and Publicity Professor Jonathan Moyo
appointed members
of the commission.
The minister could suspend the members and therefore,
the regulatory board
was not an independent entity, Adv Andersen
said.
This, he said, was unfavourable to ANZ as it amounted to being
"subjected to
discipline by a hostile minister".
In his response Mr
Tomana argued that the law was entirely reasonable in a
democratic
society.
The constitutional court heard the arguments as a consolidated
case
encompassing the ANZ constitutional challenge and the two appeals by the
MIC
against the rulings of the Administrative Court.
Mr Tomana told
the court that among all media service providers in Zimbabwe,
only the ANZ
chose to disrespect the law by deliberately refraining from
applying for
registration as prescribed because it unilaterally resolved
that it could
not, in its alleged conscience, obey such a law.
"Applicant admits that
it chose not to apply for registration because in its
view, the provisions
requiring registration of mass media services are
not
constitutional.
"With due respect, it is not for the applicant to
judge any law of this land
as unconstitutional but this honourable
court."
AIPPA, he said, was one such law of the country that deserved to
be
respected and to be obeyed by the applicant but from the point of view
of
the constitution, the ANZ's attitude could not be condoned because it
was
contrary to its purpose.
"Infact, applicant's disobedience is
demonstrative not only of disrespect
for the law but for the constitution
itself.
"The applicant has made no secret of this attitude which lacks
moral
obliquity and therefore fitting within the doctrine of dirty hands
to
warrant the sanction by this honourable court to refuse to entertain
its
challenge.
"The challenge sounds no more than a request to endorse
an unlawful position
already taken by it," said Mr Tomana.
Mr Tomana
said AIPPA was unequivocally there to enhance the right to freedom
of
expression, to protect the private interest or rights of other people
besides
providing other practical measures to achieve clear objectives.
The
court, however, proceeded to hear the merits of the constitutional case
after
Mr Tomana made concessions that ANZ had complied with the law.
ANZ
refused to register its publications with the MIC and instead
challenged
AIPPA at the Supreme Court arguing that the law was
unconstitutional.
But the superior court refused to hear its application
challenging the
validity of the law saying the newspaper group had approached
it with "dirty
hands" as it was not registered with the MIC.
The
company has been publishing its newspapers intermittently since the end
of
last year following various court judgements, which it interpreted to
mean
that it could continue publishing.
BBC
Nurse spared jail term for fraud
A nurse who
swindled the NHS out of nearly £50,000 by claiming pay for
shifts she had not
worked has been given a suspended jail term.
Tatenda Tapera exploited a
flaw in the time sheets system used by
Coventry's Walsgrave Hospital, the
court was told.
She was sentenced to an 18-months suspended after
she admitted 20
counts of obtaining money by deception.
Coventry
Crown Court was told Tapera, 27, exploited the loophole for
two years but had
the repaid the money.
Money repaid
Honorary
Recorder Judge Richard Cole told Tapera she had committed
"very serious"
offences.
But he spared her a prison sentence after hearing how the
nurse, from
Stockingford, Nuneaton, Warwickshire, had repaid the full amount
of money
taken.
Judge Cole also took into account the needs of
her second son, who was
born three weeks premature.
"I
have come to the conclusion that the interests of justice will be
better
served by the ordering of the sentence to be suspended in its
entirety for
two years," he said.
The court heard how Tapera joined a "bank"
scheme of nurses employed
to cover shifts by Warwickshire Primary Care NHS
Trust.
The Zimbabwean-born 27-year-old's two-year fraud campaign
began when
her time sheets were mislaid.
She was asked to fill
them in again and, when she was later paid
twice, the nurse realised there
was no system in place for cross-checking
her declared hours of
work.
The fraud netted her £45,346.88 gross until it was exposed
last
September.
Sick mother
Tapera told police on
arrest: "I just realised there was a flaw in the
system and I just took
advantage of it."
Tapera admitted 20 counts of obtaining money by
deception and asked
for a further 83 to be taken into account at a previous
hearing before
Coventry masgistrates.
Jabeen Akhtar, defending,
said her client had not spent the money on a
lavish lifestyle, but sent
£25,000 to her elderly mother in Zimbabwe for
urgent medical
treatment.
Tapera was sentenced to 18 months on all counts to run
concurrently.
The court heard that a new computerised system has
since been
introduced at the Walsgrave in an effort to prevent similar
frauds.
cricket365
Aus safari gets green light 04/03/04
Zimbabwe
tour to go ahead
Manager Steve Bernard says Australia's tour of
Zimbabwe will go ahead
in May, unless 'something drastic' happens before
then.
An Australian delegation has this week visited
Zimbabwe to inspect
both the facilities that will be used and the security
measures that will be
in place to ensure the safety of the Australian
team.
"There's no doubt we're coming, unless something drastic was
to happen
just before the tour. We were coming anyhow but we had to make all
the
necessary security checks ahead of the tour," Bernard told
AFP.
"We would want to stress that the pre-checks we are conducting
are not
only for Zimbabwe but we have had security checks in Sri Lanka and
the West
Indies where our teams have played before," he said.
Australia played a World Cup match in Zimbabwe last year despite being
urged
not to because of security concerns and the regime of President
Robert
Mugabe, while England refused to travel there, and may also cancel
a
proposed tour later this year.