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Zim Justice Minister behind Bennett appeal

http://www.zimonline.co.za/

by Sebastian Nyamhangambiri Friday 14 May 2010

HARARE - Zimbabwean Attorney General (AG) Johannes Tomana decided to appeal
against a High Court ruling clearing a top ally of Prime Minister Morgan
Tsvangirai of treason only after Justice Minister Patrick Chinamasa leaned
on him to do so, sources told ZimOnline on Thursday.

High Court Judge Chinembiri Bhunu on Monday acquitted Roy Bennett, the
treasurer of Tsvangirai's MDC party on charges of possessing weapons of war
and plotting to assassinate President Robert Mugabe.

Tomana, who has autonomy under the Constitution to prosecute whatever
matters he deems fit, told journalists after Bhunu's ruling that he was
satisfied by the judgment, appearing to suggest he would not appeal against
Bennett's acquittal.

A senior law officer in Tomana's office said the AG only decided to against
Bennett's acquittal after meeting Chinamasa on Tuesday who pressed him to
challenge the ruling in order to block the former opposition politician from
being sworn in as government deputy agriculture minister. The appeal was
filed Wednesday.

"The U-turn was made on Tuesday after the Cabinet meeting. The AG had met
Minister Chinamasa. It seems that is where he got his instructions," said
the law officer, who did not want to be named for fear of reprisals.

Chinamasa was not immediately available for comment on the matter while
Tomana dismissed claims he had been influenced to appeal against Bhunu's
ruling were "mere speculation" and insisted he alone took the decision to
challenge Bennett's acquittal.

"I am entitled by the Constitution to make the step my office took.
Everything you are talking about is mere speculation. I do not want to
listen to it," Tomana said.

The case against Bennett stems from allegations of a plot to topple Mugabe
in 2006.

The state alleges that Bennett gave money to gun dealer Peter Michael
Hitschmann to buy weapons to be used to assassinate Mugabe.

Prosecutors allege that Hitschmann implicated Bennett in 2006 when he was
arrested after being found in possession of firearms - claims the gun-dealer
has denied saying he was tortured into making confessions implicating the
MDC politician during interrogation at a military barracks near the eastern
border city of Mutare.

In his Monday ruling, Bhunu said the state that was represented by Tomana in
the matter had dismally failed to establish a prima facie case against
Bennett. The judge ruled that there was nothing in Hitschmann's confessions
that connected Bennett to the alleged offences.

But in the appeal filed by one of Tomana's senior prosecutors, Chris
Mutangadura, the state accused Bhunu of misdirecting himself when he upheld
Bennett's application for discharge.

Mutangadura wants the Supreme Court, the highest in the land, to set aside
Bhunu's ruling and that it orders Bennett to be placed on his defence on the
treason charges.

It could be months before the appeal is headed while Supreme Court ruling
ordering Bennett to be placed on his defence could mean the matter taking
even longer to be concluded.

The handling of Bennett's case, in particular Mugabe's refusal to swear in
the MDC treasurer as deputy minister until he is cleared of treason, is one
of the key issues at the center of a bitter dispute between the veteran
leader and Tsvangirai, which is threatening the stability of their fragile
coalition government. - ZimOnline


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Principals stalling Harare talks: SA envoy

http://www.zimonline.co.za/

by Patricia Mpofu Friday 14 May 2010

HARARE - President Jacob Zuma's mediation effort in Zimbabwe is being
thwarted by failure by the three principals in the Harare coalition to meet
to discuss the final report submitted by their negotiators, a top South
African official has said.

The talks to iron out issues still outstanding from implementation of a 2008
power-sharing agreement between President Robert Mugabe's ZANU PF party and
the two MDC formations led by Prime Minister Morgan Tsvangirai and Deputy
Premier Arthur Mutambara have dragged on since the former foes agreed to
join hands in February 2009 in a coalition government that has been credited
with stabilising the country's economy to improve the lives of ordinary
Zimbabweans.

Negotiators from ZANU PF and the two MDC formations concluded talks on April
3 2010 and gave their final report to Mugabe, Tsvangirai and Mutambara and
Southern African Development Community (SADC) mediator Zuma.

But Zuma's international relations advisor - Lindiwe Zulu - who is also a
member of the South African leader's facilitation team in the Harare talks,
said on Thursday that since April 3 the three principals have failed to meet
due to tight schedules.

Zulu said the facilitation team, which also includes former Cabinet
ministers Charles Nqakula and Mac Maharaj, was waiting for Mugabe,
Tsvangirai and Mutambara to first meet and deliberate on the negotiators'
report before the South Africans can resume their mediation process.

Zulu said Zuma's next visit to Zimbabwe depended on the principals'
recommendations to him on the way forward regarding the contentious issues.

"As the South African facilitation team, we are waiting for the principals
to meet over the final report submitted to them. Since we left Harare about
three weeks, they have not met because of various reasons. When we were last
here the three principals were busy attending the World Economic Forum
(WEF)," she said, referring to last week's WEF in Dar es Salaam in Tanzania.

The foreign sojourns by the three principals have made it impossible for
them to hold their weekly Monday meetings.

Tsvangirai last week confirmed the principals had not been able to meet,
citing tight schedules. This week he was again away to pick a human rights
award in Washington, in the United States.

Zulu added: "But it is our hope that they meet soon to accept the final
report, work on the recommendations of the report and indicate what they
intend to do on the outstanding issues."

She said it would be futile for Zuma or the facilitation team to visit
Harare when the three principals were yet to meet and deliberate on the
final report.

"President Zuma can only come once the principals have met and when there is
a way forward on the outstanding issues. When he eventually comes, he will
be coming to engage but only after the principals have set the ball-rolling
by meeting," she said.

Meanwhile Zuma on Wednesday told the South African Parliament that Harare
coalition parties have agreed on most issues under discussion in the talks
to implement the 2008 global political agreement (GPA) that gave birth to
the power-sharing government.

Zuma said he has since received a report on the discussions and would
present it to the chairman of the SADC Organ on Politics, Defence and
Security President Armando Guebuza of Mozambique and the regional bloc.

"The Zimbabwean negotiation process is well underway and some achievements
have been registered," Zuma said, adding; "The parties have established a
team that comes from all parties that will appeal to the international
community to call for the withdrawal of sanctions. The parties have also
agreed to put in place various commissions that will help to move the
country and the negotiation process forward. The commissioners have already
been sworn in. The commissioners enjoy the respect of all Zimbabweans across
the political spectrum."

Zuma said negotiations on other issues were still underway with proposals on
how to "unlock the impasse" still being considered.

"There is hope and optimism that a solution would be found as we continue to
engage with all the relevant stakeholders," he said, adding that the
parties - who had also agreed on the appointment of provincial governors and
establishment of a National Economic Council - were still consulting on the
appointment of the anti-corruption commission.

"With the acquittal of Mr Roy Bennett, one issue that was an obstacle has
been removed," Zuma said, unaware that Zimbabwean prosecutors who had hinted
they would not appeal the MDC politician's acquittal had made a spectacular
U-turn and filed an appeal at the Supreme Court. - ZimOnline


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Zuma Facilitators To Engage Zimbabwe On Bennett

http://news.radiovop.com

13/05/2010 22:08:00

Harare, May 14, 2010 - South African President Jacob Zuma's team of
facilitators said they will engage Zanu (PF) over government's decision to
challenge MDC-T treasurer Roy Bennett's acquittal on terrorism charges by
the High Court.

The latest twist in Zanu (PF)'s bid to keep the popular former commercial
farmer out of government will be another big test for the fragile coalition
government.

"We certainly respect the right of the state to appeal, it's their
constitutional right," said Lindiwe Zulu, a member of President Zuma's three
member facilitation team.

"But the acquittal would have indeed moved the process (of resolving
outstanding issues) forward," Zulu told Radio VOP. "We are however still
hopeful on the resolution of this issue and we will be engaging the
government particularly the Zanu (PF) side of it on the Bennett issue."

Justice Chinembiri Bhunu refused to put Bennett on his defence on the
charges of plotting to overthrow President Robert Mugabe's government dating
back to 2006.

Bhunu said the key state witness, a so-called IT expert Pekerayi Denchard
Mutsetse, was "appalling."

The state's case hinged on Mutsetse's evidence that was supposed to show
that Bennett had connections with Mutare based arms dealer Peter Hitschmann.

Bennett's acquittal had re-ignited hopes that Zanu (PF) and MDC-T will end
their squabbles over the implementation of outstanding issues in the Global
Political Agreement (GPA).

Zanu (PF) now says it does not want Bennett in the inclusive government in
any capacity because of his Rhodesian links. But Mugabe had given the trial
at the High Court as an excuse for not swearing in Bennett and the appeal is
now seen attempt to buy time.

Zulu said Zuma was wating for Mugabe, Prime Minister Morgan Tsvangirai and
Deputy Prime Minister Arthur Mutambara, the three principals in the unity
government, to study the report presented to them on April 3 outlining
progress made in the talks so far before taking the matter to the Southern
African Development Community (SADC).

The three principals have failed to meet due to tight schedules which have
been involving travelling regionally and internationally.

Zulu, who is part of the South African facilitation team together with
former cabinet ministers Charles Nqakula and Mac Maharaj, said President
Zuma's next visit to Zimbabwe depended on the principals' recommendation to
him as the way forward regarding the contentious issues.

"As the South African facilitation team, we are waiting for the principals
to meet over the final report submitted to them. Since we left Harare about
three weeks, they have not met because of various reasons. When we were last
here the three principals were busy attending the World Economic Forum," she
said.

The foreign trips by the three principals have made it impossible for them
to hold their weekly Monday meetings.Tsvangirai last week confirmed the
principals had not been able to meet, citing tight schedules.

This week he was again away to pick a human rights award in Washington in
the United States of America.

Zulu added: "But it is our hope that they meet soon to accept the final
report, work on the recommendation of the report and indicate what they
intend to do on the outstanding issues."

She said it would be futile for President Zuma or the facilitation team to
visit to Harare when the three principals were yet to meet and deliberate on
the final report.

"President Zuma can only come once the principals have met... when he
eventually comes, he will be coming to engage but not only after the
principals have set the ball-rolling by meeting," she said.

While some agreements have been achieved such as electoral and media
reforms, the three principals are deadlocked on the fundamental issues of
provincial governors, senior government appointments, security sector
reform, ministerial portfolios and Roy Bennett.

President Zuma, who would be hosting the soccer World Cup in less than a
month, is reportedly under immense pressure especially regionally and
internationally, to bring closure to the Zimbabwean political impasse.


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Zimbabwe Deputy PM Assures Civil Servants Harare Working on Pay Solution

http://www1.voanews.com

Deputy Prime Minister Arthur Mutambara on Thursday told civil servants and
government representatives that civil service salaries are not frozen,
contrary to recent statements by Finance Minister Tendai Biti

Patience Rusere | Washington 13 May 2010

Zimbabwean Deputy Prime Minister Arthur Mutambara on Thursday told a meeting
of civil servants and government representatives that civil service salaries
are not frozen, contrary to recent declarations by Finance Minister Tendai
Biti which angered public workers and set up a clash within Biti's Movement
for Democratic Change party.

The meeting in Kariba was expected to lead to a new round of salary
negotiations. Mutambara told those present that the government is looking
into demands for a significant rise in public salaries and will come up with
a solution.

Civil servants want a base monthly salary of some US$600, but Biti has said
the government cannot afford this.

Chairwoman Tendayi Chikowore of the Apex Council representing civil servants
in discussions with the government told VOA Studio 7 reporter Patience
Rusere that state workers were satisfied with Mr.. Mutambara's assurances.

Chikowore added that she feels confident an amicable solution will be found.


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Chinese firm granted mining rights at Chiadzwa

http://www.thedailynewszw.com

May 14, 2010

By Our Correspondent

MUTARE - The government has awarded rights to a Chinese company to mine
diamonds at Chiadzwa in Marange under what observers say are very
clandestine circumstances.

The company, identified by government sources as Anjin, has since moved onto
the diamond fields to perform preparatory work.

"They are building makeshift houses for workers and other structures to be
used as offices," said government official based in Mutare.

Last week a strong contingent of Chinese nationals nearing 100 descended on
the government complex in the eastern border city for a meeting with Chris
Mushowe, the Manicaland Governor and Resident Minister.

Anjin becomes the third company to be granted rights to extract diamonds
from Chiadzwa after Canadile Mining and Mbada Diamonds.

The other two were granted rights under controversial circumstances although
the government insists all everything was above board.

Sources say the Chinese company moved into Chiadzwa two months ago.

Details regarding Anjin were hazy with Chinese officials at the Harare
embassy declining to give details.

There were reports which could not be independently verified which suggested
Anjin could be owned by the Chinese military.

The Chiadzwa diamonds are subject to a protracted legal dispute between the
Zimbabwe government and London-based Africa Consolidated Resources (ACR).

The government has responded by arresting an executive from ACR, Ian Harris
on charges that his company corruptly obtained rights to the Chiadzwa
diamonds.

Harris appeared in court together with former Manicaland Mining Commissioner
Isaac Giles Ruswa and a secretary in the Mines Ministry Mairosi Matinyanye
before a magistrate in Mutare on Tuesday.

He was freed after he posted $1000 bail, while Ruswa and Matinyanye paid
$500 each. They were remanded to 28 May.

Human rights watchers have accused the Zimbabwean government of sanctioning
human rights abuses at Chiadzwa.


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Cop shot in encounter with suspected poachers

http://www.thedailynewszw.com

May 14, 2010

By Owen Chikari

MASVINGO - A policeman was this week seriously injured following an exchange
of gunfire between police officers and five Mozambicans in the Dumisa area
of Chiredzi near the Gonarezhou National Park.

The encounter occured amid reports that security has been tightened along
the Zimbabwe-Mozambican border to curb poacher incursions.

The policeman, whose name could not be released to the press, was reported
to be in critical condition in Chiredzi District Hospital.

The police confirmed the incident occurred in the Dumisa area near the
Gonarezhou National Park. The Mozambicans were suspected of poaching in the
game reserve.

Police detectives on patrol, together with officers from the Department of
National Parks and Wildlife, spotted the five after they had stopped their
car which had developed a mechanical fault.

Upon noticing the police and game rangers, the five suspected poachers
opened fire and seriously injured one of the policemen.

Police returned fire and the suspected poachers took to their heels .
However, the police gave chase and arrested two of the Mozambicans. Three
managed to escape.

Police recovered a white Isuzu vehicle which the suspected poachers were
using. They also recovered several bales of clothes believed to have been
smuggled into the country through an undesignated entry point.

Masvingo police spokesman Inspector Tinaye Matake confirmed the incident on
Thursday, adding that the police have since beefed up operations along the
Mozambican border.

"We have arrested two Mozambicans following a shoot out with the police,"
said Matake

"We have also recovered the car in which the five were travelling in and an
assortment of goods, among them bales of clothes smuggled into the country.

"One of our officers was injured during the incident; he is recovering at
Chiredzi District Hospital."

Sources within the police force said that a combined operation involving the
police, the army and officers from the Department of National Parks and
Wildlife had been launched.

"We have beefed up security along the border to avoid similar incidents,"
said a source in the police.

"We have also discovered that there are several undesignated entry points
along the border which are used by both poachers and Zimbabweans who
illegally cross into Mozambique."

Poaching is rampant in the Gonarezhou National Park. The police and game
rangers blame Mozambicans for the poaching.


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Women on the Talking Points and Demands on the Constitution

Zimbabwe Information Centre Inc

PO Box K824, HAYMARKET NSW 1240

www.zic.com.au

Media Release

May 14, 2010,

Women on the Talking Points and Demands on the Constitution

The National Association of Non-Governmental Organisations (NANGO) facilitated the Civil Society Cluster Consultative Meetings on the ongoing constitutional reform process 27- 29 April, 2010.  Meetings were attended by 712 delegates representing stakeholders within civil society participating in the constitution making exercise.

Talking Points

Women’s groups expressed strong reservations on the proposed talking points that the Constitutional Parliamentary Select Committee (COPAC)’s intends to use during the outreach meetings. They described these as prescriptive and suggestive hence probabilities are high that the output shall not adequately represent the will and intention of the people of Zimbabwe. Concern was expressed on the technical language used in drafting the talking points as this will elude the layman’s scope.

Women’s groups are concerned about the existing gaps within the talking points - key issues affecting the rights of women and equality before the law as well as humanitarian assistance to vulnerable persons are not adequately addressed. Delegates observed that COPAC had not consulted key stakeholders including civil society, hence the resultant gaps identified in the talking points. We call for broader consultations on the talking points before these are finalised by COPAC.

Key Demands

Women’s groups demand a minimum of 52% representation in the leadership of political, socio-economic aspects of public life; this can be achieved through implementation of the zebra principle in all key appointments.  They demand equality of opportunities and mainstreaming of gender issues into the constitution making process.

The operational environment is currently not conductive for the outreach teams to conduct their work. Delegates were gravely concerned that the majority of our people will not be able to freely contribute to the drafting of the new constitution in the existing polarised environment. Women are exposed to great security risk in the constitutional making process such as rape due to the highly polarized environment. There is overwhelming evidence of ongoing systematic harassments and intimidation of women in order to stifle them from contributing during the outreach process hence men will be leading in making submissions on content of the constitution.

The National Association of Non–Governmental Organisations (NANGO) calls upon the inclusive government to immediately attend to the legislative agenda to ensure that a conducive environment, with security of women being observed as paramount, and should be guaranteed for this critical national process; selective application of the law through application of restrictive legislation such as the Public Order and Security Act (POSA) and Access to Information and Protection of Privacy Act (AIPPA) must be urgently attended to in order to ensure that all citizens are able to participate in this national process.  It is imperative to address the issues of concern regarding the talking points and the operational environment before embarking on the outreach phase.

End

 

 

 

Coordinator

SEARCH Foundation

www.search.org.au

Level 3, 110 Kippax St,

Surry Hills NSW 2010, Australia

Ph: +61 2 9211 4164; Fax: +61 2 9211 1407

ABN 63 050 096 976

 

promoting democracy, social justice and environmental sustainability

 


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Ms. Letty Chiwara (Zimbabwe) appointed as the Chief of UNIFEM’s Africa section in New York

It is my pleasure to announce the appointment of Ms. Letty Chiwara (Zimbabwe) as the Chief of UNIFEM’s Africa section in New York.  In this capacity, Letty will replace Micheline Ravololonarisoa who will be retiring in May.
 
Letty is currently serving as the Chief of Cross Regional Programmes at UNIFEM New York.  Prior to this, she worked  at the Africa Section as a Senior Programme Officer (2002-2007) including as Officer In Charge during 2006-07. She began her UNIFEM career in 1997 as a Programme Officer in Zimbabwe.  Prior to joining the UN system, Letty worked as a Principal Executive Officer in the Government of Zimbabwe.
 
Letty holds a Masters in Urban Development Planning from the University College of London and a Bachelors in Rural and Urban Planning from the University of Zimbabwe.
 
Please join me in congratulating Letty on her new appointment.  She will take up her assignment in May 2010.
 
Warm regards,
 
Inés Alberdi
UNIFEM Executive Director
304 East 45th Street, 15th Floor
New York, NY 10017
Tel: 1-212-906-6435
 
__________________________________________________________________________________________

Profile for Ms. Letty Chiwara              

Letty Chiwara conducting training session in Nepal

Ms. Letty Chiwara is the Chief of the Africa Division of the United Nations Development Fund for Women (UNIFEM), a position she assumed on May 1, 2010. As the Chief of Africa Division, Ms. Chiwara leads a team of over 200 management and programme staff in four sub-regional offices – Southern Africa Sub-Regional Office (Pretoria, South Africa); Central Africa Sub-Regional Office (Kigali, Rwanda); East Africa Sub-Regional Office (Nairobi, Kenya); and West Africa Sub-Regional Office (Dakar, Senegal). Each sub-regional office oversees several country programmes, including one in Zimbabwe, where Letty hails from.

Prior to her recent appointment to the Africa Division, Ms. Chiwara had been the Chief, Cross Regional Programmes, where she managed several global programmes, including EC/UN Partnership on Aid Effectiveness, and the UN/World Bank Results Based Initiatives on women’s economic empowerment. Both programmes are currently ongoing in select countries in Asia, Africa, Latin America and the Caribbean, and East and Central Europe. From 2002 to 2006, Letty was the Senior Programme Specialist for Africa, providing technical and operational support to the sub-regional offices.

Ms. Chiwara joined UNIFEM in 1997 as a Programme Officer for the Southern Africa Sub-Regional Office in Harare, Zimbabwe, before the office relocated to South Africa. Letty was the founder member of the Gender Forum in Zimbabwe and amongst her very first responsibilities was to fundraise for the Forum and also to organize the SADC Women’s Expo in 1997. She was also instrumental in the formation of several community-based initiatives on Gender and HIV, providing livelihood alternatives for women including those infected and affected by HIV/AIDS, such as the Gweru Women’s Association for Positive Action (GWAPA) and the Mutoko Project, now renamed the Nyahunure Community Trust.

Before joining the United Nations, Letty worked for the Government of Zimbabwe as Senior Planning Officer in the Ministry of Local Government (1991 – 94). She was an active member of the Zimbabwe Institute of Rural and Urban Planners (ZIRUP). From 1995 – 96, Letty was appointed to a 4-member Deregulation Task Force that led the development of government policies to de-regulate economic legislation, which restricted mainly women from legally performing their informal trade, cross-border trade and cottage industries.

Letty holds a Masters in Urban Development Planning from the University of London, majoring in Economics of Urbanization and a secondary major in Gender and Development. She also graduated from the University of Zimbabwe with a BSc. in Rural and Urban Planning. She is also on the United Nations System Staff College roaster of qualified trainers and is often invited by UN country teams to conduct training in Human Rights Based Approaches and Results Based Management. Letty is the convener of the ITC/ILO online course on Gender and Aid Effectiveness (www.gendermatters.eu).

Letty has published and edited several papers and articles on Gender and Development and has been interviewed on several media channels to share her experiences on issues affecting women in developing countries. Letty is married and has two children


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More Information about the article " Mugabe and Tsvangirai taken to court "

 Mugabe and Tsvangirai taken to court  - http://www.zimbabwesituation.com/may13_2010.html#Z9
 
 
Here is more information:
 

IN THE HIGH COURT OF ZIMBABWE                        CASE NO. HC         / 10

HELD AT HARARE

In the matter between:-

 

MOVEN KUFA                                                                    1st APPLICANT

and

THE VOICE FOR DEMOCRACY TRUST                     2nd  APPLICANT

and

THE PRESIDENT OF THE                                               1ST RESPONDENT

REPUBLIC OF ZIMBABWE N.O.

and

THE PRIME MINISTER OF THE                                    2ND RESPONDENT

REPUBLIC OF ZIMBABWE N.O. 

 and

SAVIOUR KASUKUWERE                                              3RD RESPONDENT

and

JOSEPH MADE                                                                   4TH RESPONDENT

and

WALTER MZEMBI                                                                        5TH RESPONDENT

and

FLORA BHUKA                                                                  6TH RESPONDENT

and

SLYVESTER NGUNI                                                         7TH RESPONDENT

and

HENRY MADZORERA                                                     8TH RESPONDENT

and

GILES MUTSEKWA                                                          9TH RESPONDENT

and

SEKAI HOLLAND                                                              10TH RESPONDENT

­­­­­­­­­­­­­_____________________________________________________________________

 

FOUNDING AFFIDAVIT OF MOVEN KUFA

_____________________________________________________________________

I, MOVEN KUFA, do hereby make oath and swear that:

 

  1. I am the 1st Applicant in this matter. I am a Zimbabwean citizen and a civil society activist. I bring this Application as a Zimbabwean citizen in terms of section 18(9) of the Constitution of Zimbabwe on the basis of my right to require that the Constitution of Zimbabwe is adhered to by the Respondents. I am also a tax payer. The facts herein are within my knowledge and to the best of my belief true and correct.

 

  1. The 2nd Applicant is the Voice for Democracy Trust, a Trust formed by Notarial Deed in July 2009. The objects of the Trust include the promotion of democracy in Zimbabwe, including the objectives of facilitating the development of institutional structures and processes to promote democracy, transparency and accountability at both the national and the local level and the monitoring and evaluation of the laws of Zimbabwe to ensure that they uphold the rights of citizens. It is represented herein by Jacob Chengedzeni,  a Trustee who is duly authorized to represent it.

 

  1. The 1st Respondent is the President of the Republic of Zimbabwe cited herein in his official capacity. It is the duty of the 1st Respondent to “formally” appoint Ministers  - Section 31D of the Constitution as read with Article 20.1.3(k) of Schedule 8 to the Constitution of Zimbabwe.

 

 

  1. The 1st Respondent’s address for service is Munhumutapa Building, Samora Machel Avenue, Harare.

 

  1. The 2nd Respondent is the Prime Minister of the Republic of Zimbabwe cited herein in his official capacity.

 

  1. The Prime Minister must be consulted by the 1st Respondent and agree to all appointments in terms of the Constitution by virtue of Article 20.1.3(p) of Schedule 8 to the Constitution  which provides that the President:

in consultation with the Prime Minister, makes key appointments the President is required to make under and in terms of the Constitution or any Act of Parliament.

[as read with section 115(1) of the Constitution].

 

  1.  The appointments of Ministers are made in terms of Section 31D of the Constitution, as read with Article 20.1.3(k) of Schedule 8.

 

  1. The 2nd Respondent’s address for service is Munhumutapa Building, Samora Machel Avenue, Harare.

 

  1. The 3rd Respondent is Saviour Kasukuwere, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of Youth Development, Indigenisation and Empowerment, Mukwati Building, Cnr Fourth Street & Livingstone Avenue, Harare.

 

  1. The 4th Respondent is Joseph Made, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of Agriculture, Mechanisation and Irrigation, Ngungunyana Building, 1 Borrowdale Road, Harare.

 

  1. The 5th Respondent is Walter Mzembi, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of Tourism and Hospitality Industry, Tourism House, 14th Floor Karigamombe Centre, Samora Machel Avenue and Julius Nyerere Way, Harare.

 

  1. The 6th Respondent is Flora Bhuka, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of State in the Vice President’s Office, Munhumutapa Building, Samora Machel Avenue, Harare.

 

  1. The 7th Respondent is Sylvester Nguni, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of State in the Vice President’s Office, Munhumutapa Building, Samora Machel Ave, Harare.

 

  1. The 8th Respondent is Henry Madzorera, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of Health and Child Welfare,  Kaguvi Building, Central Avenue and Forth Street, Harare.

 

  1. The 9th Respondent is Giles Mutsekwa, purportedly appointed as a Minister by the 1st Respondent and whose address for service is care of the Ministry of Home Affairs,  Mukwati Building,  Fourth Street & Livingstone Avenue, Harare.

 

  1. The 10th Respondent is Sekai Holland, purportedly appointed as Minister by the 1st Respondent and whose address for service is care of the Ministry of State in the Prime Minister’s Office, Munhumutapa Building, Samora Machel Avenue, Harare.

 

  1. The composition of the executive arm of Government is established by a legislative amendment which introduced Schedule 8 into the Constitution. In terms of the first paragraph thereof, Schedule 8 “prevails notwithstanding anything to the contrary” elsewhere in the Constitution.

 

  1. The constitutional amendment was passed by Parliament on the 5th of February 2009 and, after signing by the 1st Respondent, was gazetted by way of Extra-ordinary Government Gazette on 13 February 2009.

 

  1. Article 20.1.6(5) of Schedule 8 to the Constitution provides that:

There shall be thirty-one (31) Ministers, with fifteen (15) nominated by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M.

 

  1. In terms of section 31D(2) of the Constitution, any person appointed a Minister in terms of that section:

‘shall, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf  the oaths of loyalty and office in the forms set out in Schedule 1, (to the Constitution).

 

  1. On Friday 13 February 2009, 35 persons took and subscribed before the 1st Respondent, the President, the oaths of office and loyalty prescribed for Ministers.

 

  1. On Thursday 19 February 2009 a further six persons took and subscribed before the 1st Respondent, the President, the oaths of office and loyalty prescribed for Ministers.

 

  1. Accordingly, the result was that 41 persons purportedly entered into office as Government Ministers.

 

  1. Article 20.1.6(5) of Schedule 8 to the Constitution clearly provides that there shall be 31 Ministers only. The purported entry into office of 10 Ministers more than that allowed by the Constitution is thus unconstitutional and void.

 

  1. Article 20.1.6.(5) provides for 15 ZANU PF nominated Ministers, 13 MDC-T nominated Ministers, and 3 MDC-M nominated Ministers.

 

  1.  In actual fact, 41 Ministers were appointed by the 1st Respondent in consultation with the 2nd Respondent. 1st Respondent appointed 21 ZANU PF nominated Ministers, 16 MDC-T nominated Ministers, and 4 MDC-M nominated Ministers.

 

  1. The extra 10 Ministers comprise of 6 ZANU PF nominees, 3 MDC-T nominees and 1 MDC-M nominee.

 

 

  1. Accordingly, once 15 ZANU PF nominated Ministers had entered into office, the constitutional quota of 15 ZANU PF Ministers was filled and any purported entry into office thereafter by a ZANU PF nominee was unconstitutional, and void.

 

  1. At the “swearing in” ceremony conducted at State house and shown on State television, the Ministerial nominees took the verbal oaths of office and loyalty as a group and then each subscribed to the oaths of office and loyalty before the 1st Respondent in turn.

 

  1. The entry into office was only complete upon such subscription by each Minister.

 

  1. Accordingly, any purported entry into office by a ZANU PF nominee by subscription to the oaths of loyalty and office before the 1st Respondent after the entry into office of the 15th ZANU PF nominee is unconstitutional and void.

 

  1. The last three people to subscribe to the oaths of office and loyalty before the 1st Respondent on the 13th February, 2009 are:

 

Savior Kasukuwere (the 3rd Respondent)

Joseph Made (the 4th Respondent)

Walter Mzembi (the 5th Respondent)

 

  1. These last three persons were all nominees of ZANU PF.

 

  1. As such persons were the 16th, 17th and 18th ZANU PF nominees to subscribe to the oaths of office and loyalty they did so in breach of the maximum quota of 15 provided for in Article 20.1.6(5) of the 8th Schedule to the Constitution.

 

  1. Their purported appointments and entry into office are thus null and void.

 

  1. On the 19th February, 2009 a further three ZANU PF nominees purported to enter into office as Ministers by taking and subscribing to the oaths of office and loyalty before the 1st Respondent.

 

  1. Such persons were:

 

John Nkomo

Flora Bhuka (the 6th Respondent)

Sylvester Nguni (the 7th Respondent)

 

  1. As such persons were the 19th, 20th and 21st ZANU PF nominees to subscribe to the oaths of office and loyalty, they did so in breach of the maximum quota of 15 provided for in Article 20.1.6(5) of the 8th Schedule to the Constitution.

 

  1. Their purported appointments and entry into office are thus null and void.

 

  1. John Nkomo is no longer a Minister having since been appointed as Vice-President. Accordingly, no order is sought in respect of Mr. Nkomo.

 

  1. Article 20.1.6(5) provides for 13 MDC-T nominated Ministers.

 

  1. Accordingly, once 13 MDC-T nominated Ministers had entered into office, the constitutional quota of 13 MDC-T Ministers was filled and any purported entry into office thereafter by a MDC-T nominee was unconstitutional, and void.

 

  1. The last MDC-T person to subscribe to the oaths of office and loyalty before the 1st Respondent on the 13th February, 2009 was Henry Madzorera, the 8th Respondent.

 

  1. Henry Madzorera was the 14th MDC-T nominee appointed a Minister, in breach of the maximum quota of 13 provided by Article 20.1.6(5) of the 8th Schedule to the Constitution.

 

  1. His purported entry into office as a Minister is thus null and void.

 

  1. On the 19th February, 2009 a further two MDC-T nominees were appointed as Ministers and took and subscribed to the oaths of office and loyalty before the 1st Respondent.

 

  1. These two nominees were Giles Mutsekwa, the 9th Respondent, and Sekai Holland, the 10th Respondent.

 

  1. As such persons were the 15th and 16th MDC-T nominees to subscribe to the oaths of office and loyalty, they did so in breach of the maximum quota of 13 provided for in Article 20.1.6(5) of the 8th Schedule to the Constitution.

 

  1. Their purported appointments and entry into office are thus null and void.

 

  1. On the 19th February, 2009, the MDC-M nominated Gibson Sibanda was  appointed a Minister and took and subscribed to the oaths of office and loyalty before the 1st Respondent.

 

  1. Article 20.1.6(5) of the 8th Schedule to the Constitution provides for 3 MDC-M nominated Ministers. Mr. Sibanda was the 4th MDC-M nominee to subscribe to the oath of office and loyalty.

 

  1. However, it is understood that Gibson Sibanda is not currently held out as being a Minister after he failed to secure a parliamentary seat within three months of his purported appointment, as required in terms of  section 31E(2) of the Constitution. Accordingly, no order is sought in respect of Mr. Sibanda.

 

  1. The 1st Respondent is sworn to uphold the Constitution of Zimbabwe. Indeed, section 29(3)(a) of the Constitution even provides for the removal of the President if he is found by the appropriate body, to be in willful violation of the Constitution.

 

  1. Accordingly, 1st Respondent is obliged to ensure that only 31 persons hold office as Ministers and provided in Article 20.1.6(5)  of the 8th Schedule to the Constitution.

 

  1. I humbly submit that 1st Respondent is required to prevent the ten persons above the 31 set out in Article 20.1.6(5) of the 8th Schedule to the Constitution, from purporting to act as Ministers in violation of the Constitution.

 

  1. I further humbly submit that 2nd Respondent should not have consented to such appointments, and is obliged to uphold the Constitution, and withdraw his consent to the appointments.

 

  1. Taxpayer’s money is being unconstitutionally and unlawfully disbursed in the form of salaries and benefits which are not due to the persons listed above who are unconstitutionally purporting to carry out Ministerial duties.

 

  1. I submit that as taxpayer, I am prejudiced by such unconstitutional and unlawful disbursements,  as are other tax payers in Zimbabwe.

 

  1. As a citizen of Zimbabwe I am entitled to demand that the Constitution is respected and upheld, and that the legislative process is not compromised by these unconstitutional appointments. Any executive act undertaken by the unconstitutionally appointed “Ministers” is null and void, including the making of Regulations.

 

  1. I am entitled as a citizen of Zimbabwe to demand that Government is structured in accordance with the Constitution and that constitutionality and the rule of law are followed by the 1st and 2nd Respondents.

 

  1. In the circumstances I respectfully request a declaratory order in terms of the draft attached hereto.

 

SWORN AT HARARE THIS   6th DAY OF   MAY 2010

Signed on original

                                                                                                MOVEN KUFA

 

BEFORE ME,

 

 

Signed on original 

COMMISSIONER OF OATHS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF ZIMBABWE                        CASE NO. HC         / 10

HELD AT HARARE

In the matter between:-

 

MOVEN KUFA                                                                    1st APPLICANT

and

THE VOICE FOR DEMOCRACY TRUST                     2nd APPLICANT

and

THE PRESIDENT OF THE                                               1ST RESPONDENT

REPUBLIC OF ZIMBABWE N.O.

and

THE PRIME MINISTER OF THE                                    2ND RESPONDENT

REPUBLIC OF ZIMBABWE N.O. 

 and

SAVIOUR KASUKUWERE                                              3RD RESPONDENT

and

JOSEPH MADE                                                                   4TH RESPONDENT

and

WALTER MZEMBI                                                                        5TH RESPONDENT

and

FLORA BHUKA                                                                  6TH RESPONDENT

and

SLYVESTER NGUNI                                                         7TH RESPONDENT

and

HENRY MADZORERA                                                     8TH RESPONDENT

and

GILES MUTSEKWA                                                          9TH RESPONDENT

and

SEKAI HOLLAND                                                              10TH RESPONDENT

­­­­­­­­­­­­­____________________________________________________________________

DRAFT ORDER

Before the Hon.

After perusing the papers filed of record and hearing Counsel,

IT IS ORDERED THAT:

1                      The purported appointments and entry into office as Ministers of:

SAVIOR KASUKUWERE

JOSEPH MADE

WALTER MZEMBI

FLORA BHUKA

SLYVESTER NGUNI

HENRY MADZORERA

GILES MUTSEKWA

and

SEKAI HOLLAND

are hereby declared to be null and void.

 

ALTERNATIVELY,

1         1st Respondent and 2nd Respondents be and are hereby directed, within seven days of the date of service of this order upon them, to prevent more than 15 ZANU PF nominees, 13 MDC-T nominees and 3 MDC-M  from purporting to act and carry out the functions of Ministers so that the Ministerial complement of Government does not exceed 31 persons.

 

2        The 1st and 2nd Respondents are hereby ordered to publish in the Government Gazette a list of Government Ministers in the number and manner required under the Constitution;

 

3        Only the persons included in such list shall be entitled to receipt of any emoluments or entitlements as would accrue to a Minister from the Government or carry out the functions of a Government Minister.

 

4        It is hereby declared that there shall not be appointed any number of Ministers above those catered for in terms of the Constitution of Zimbabwe. 

 

         5             1st and 2nd Respondents shall pay the costs of this application.

BY THE COURT

REGISTRAR

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF ZIMBABWE                CASE NO. HC         / 10

HELD AT HARARE

In the matter between:-

 

MOVEN KUFA                                                          1st APPLICANT

and

THE VOICE FOR DEMOCRACY TRUST                   2nd APPLICANT

and

THE PRESIDENT OF THE                                      1ST RESPONDENT

REPUBLIC OF ZIMBABWE N.O.

and

THE PRIME MINISTER OF THE                           2ND RESPONDENT

REPUBLIC OF ZIMBABWE N.O. 

 and

SAVIOUR KASUKUWERE                                      3RD RESPONDENT

and

JOSEPH MADE                                                         4TH RESPONDENT

And

WALTER MZEMBI                                                  5TH RESPONDENT

and

FLORA BHUKA                                                        6TH RESPONDENT

and

SLYVESTER NGUNI                                                            7TH RESPONDENT

and

HENRY MADZORERA                                            8TH RESPONDENT

and

GILES MUTSEKWA                                                 9TH RESPONDENT

and

SEKAI HOLLAND                                                    10TH RESPONDENT

­­­­­­­­­­­­­

SUPPORTING AFFIDAVIT OF JACOB CHENGEDZENI

 

I, JACOB CHENGEDZENI, do hereby make oath and state that:

1                    I am a Trustee of the 2nd Applicant in this matter, and I am duly authorised to depose to this affidavit on its behalf.

2                    I have read the founding affidavit of MOVEN KUFA, and I confirm that, to the best of my knowledge and belief, the facts deposed to therein are true and correct.

3                    I associate 3rd Applicant with the founding affidavit, and humbly pray for an order in terms of the draft.

 

THUS SWORN TO AT HARARE THIS   6th DAY OF   MAY 2010

Signed on original

                                                                              JACOB CHENGEDZENI

BEFORE ME,

 

Signed on original 

COMMISSIONER OF OATHS

 

IN THE HIGH COURT OF ZIMBABWE                CASE NO. HC         / 10

HELD AT HARARE

In the matter between:-

 

MOVEN KUFA                                                          1st APPLICANT

and

THE VOICE FOR DEMOCRACY TRUST                   2nd APPLICANT

and

THE PRESIDENT OF THE                                      1ST RESPONDENT

REPUBLIC OF ZIMBABWE N.O.

and

THE PRIME MINISTER OF THE                           2ND RESPONDENT

REPUBLIC OF ZIMBABWE N.O. 

 and

SAVIOUR KASUKUWERE                                      3RD RESPONDENT

and

JOSEPH MADE                                                         4TH RESPONDENT

And

WALTER MZEMBI                                                  5TH RESPONDENT

and

FLORA BHUKA                                                        6TH RESPONDENT

and

SLYVESTER NGUNI                                                            7TH RESPONDENT

and

HENRY MADZORERA                                            8TH RESPONDENT

and

GILES MUTSEKWA                                                 9TH RESPONDENT

and

SEKAI HOLLAND                                                    10TH RESPONDENT

­­­­­­­­­­­­­

COURT APPLICATION

 

TAKE NOTICE THAT Plaintiff intends to apply to the High Court at Harare for an Order in terms of the Draft Order annexed to this notice and that the accompanying affidavit will be used in support of the application.

 

If you intend to oppose this application, you will have to file a notice in Form No. 29A, together with one or more opposing affidavits, with the Registrar of the High Court at Harare within ten (10) days after the date on which this notice was served upon you. You will also have to serve a copy of the Notice of Opposition and affidavit\s  on the Plaintiff at the address for service specified below. Your affidavits may have annexed to the documents verifying the facts set out in the affidavits.

 

If you do not file an opposing affidavit within the period specified above, this application will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application.

 

Dated at Harare this 6TH day of May 2010.

 

                                                                     -------------------------------------------

                                                                                    Coghlan  Welsh & Guest

                                                                              Applicant’s Legal Practitioners

                                                                             3RD Floor Executive Chambers

                                              16 George Silundika Avenue                                                                                            

                                                                Harare(N Moyo)

 

 

To        The Registrar

            High Court

            Harare

 

 

And to The Attorney General’s Office

            New Government Complex

            Samora Machel Ave & Fourth Street

Harare

And to The President of the Republic of Zimbabwe

            Munhumutapa Building

            Samora Machel Ave

            Harare

And to The Prime Minister of the Republic of Zimbabwe

            Munhumutapa Building

            Samora Machel Ave

            Harare

And to Saviour Kasukuwere,

 c\o Ministry of Youth Development,

Indigenisation and Empowerment

Mukwati Building

Cnr Fourth Street & Livingstone Avenue

Harare.

And to Joseph Made

c\o Ministry of Agriculture

Mechanisation and Irrigation

Ngungunyana Building

1 Borrowdale Road

 Harare.

And to Walter Mzembi

c\o Ministry of Tourism and

Hospitality Industry

Tourism House

Samora Machel Av & Julius Nyerere Way

Harare.

And to Flora Bhuka

            c\o Ministry of State in the Vice President’s Office

             Munhumutapa Building

            Samora Machel Avenue

             Harare.

And to Sylvester Nguni

            c\o Ministry of State in the Vice President’s Office

            Munhumutapa Building

            Samora Machel Ave

             Harare.

And to Henry Madzorera

c\o Ministry of Health and Child Welfare

 Kaguvi Building

Central Avenue and Forth Street

Harare.

And to Giles Mutsekwa

c\o Ministry of Home Affairs

Mukwati Building

Fourth Street & Livingstone Avenue

Harare.

And to Sekai Holland

c\o Ministry of State in the Prime Minister’s Office

Munhumutapa Building

Samora Machel Avenue

Harare.

 

 

IN THE HIGH COURT OF ZIMBABWE                        CASE NO. HC         / 10

HELD AT HARARE

In the matter between:-

 

MOVEN KUFA                                                                    1st APPLICANT

and

THE VOICE FOR DEMOCRACY TRUST                     2nd  APPLICANT

and

THE PRESIDENT OF THE                                               1ST RESPONDENT

REPUBLIC OF ZIMBABWE N.O.

and

THE PRIME MINISTER OF THE                                    2ND RESPONDENT

REPUBLIC OF ZIMBABWE N.O. 

 and

SAVIOUR KASUKUWERE                                              3RD RESPONDENT

and

JOSEPH MADE                                                                   4TH RESPONDENT

and

WALTER MZEMBI                                                                        5TH RESPONDENT

and

FLORA BHUKA                                                                  6TH RESPONDENT

and

SLYVESTER NGUNI                                                         7TH RESPONDENT

and

HENRY MADZORERA                                                     8TH RESPONDENT

and

GILES MUTSEKWA                                                          9TH RESPONDENT

and

SEKAI HOLLAND                                                              10TH RESPONDENT

­­­­­­­­­­­­­_____________________________________________________________________

 

INDEX

_____________________________________________________________________

ITEM  DESCRIPTION                                                         PAGE

1          Court application                                                        1-3

2          Founding affidavit of Moven Kufa                            4-12

3          Supporting Affidavit of Jacob Chengedzeni              13

4          Deed of Trust of The Voice for Democracy Trust     14-21

5          Draft Order                                                                 22-23

 

Dated at Harare this 6TH day of May 2010.

 

                                                                     -------------------------------------------

                                                                                    Coghlan  Welsh & Guest

                                                                              Applicant’s Legal Practitioners

                                                                             3RD Floor Executive Chambers

                                              16 George Silundika Avenue                                                                                           

                                                                Harare(N Moyo)

 

 

To        The Registrar

            High Court

            Harare

 

And to The Attorney General’s Office

            New Government Complex

            Samora Machel Ave & Fourth Street

Harare

And to The President of the Republic of Zimbabwe

            Munhumutapa Building

            Samora Machel Ave

            Harare

And to The Prime Minister of the Republic of Zimbabwe

            Munhumutapa Building

            Samora Machel Ave

            Harare

And to Saviour Kasukuwere,

 c\o Ministry of Youth Development,

Indigenisation and Empowerment

Mukwati Building

Cnr Fourth Street & Livingstone Avenue

Harare.

And to Joseph Made

c\o Ministry of Agriculture

Mechanisation and Irrigation

Ngungunyana Building

1 Borrowdale Road

 Harare.

And to Walter Mzembi

c\o Ministry of Tourism and

Hospitality Industry

Tourism House

Samora Machel Av & Julius Nyerere Way

Harare.

And to Flora Bhuka

            c\o Ministry of State in the Vice President’s Office

             Munhumutapa Building

            Samora Machel Avenue

             Harare.

And to Sylvester Nguni

            c\o Ministry of State in the Vice President’s Office

            Munhumutapa Building

            Samora Machel Ave

             Harare.

And to Henry Madzorera

c\o Ministry of Health and Child Welfare

 Kaguvi Building

Central Avenue and Forth Street

Harare.

And to Giles Mutsekwa

c\o Ministry of Home Affairs

Mukwati Building

Fourth Street & Livingstone Avenue

Harare.

And to Sekai Holland

c\o Ministry of State in the Prime Minister’s Office

Munhumutapa Building

Samora Machel Avenue

Harare.

 

 

 



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