http://www.swradioafrica.com/
By Alex
Bell
20 May 2011
A group of civil society activists, including top
lawyers and a journalist,
were on Friday arrested and ‘violently ejected’
from the Summit of Southern
African Development Community (SADC) leaders
underway in Namibia.
Among those picked up by police in Namibia were
Irene Petras from Zimbabwe
Layers for Human Rights, Joy Mabenge of the
Institute for Democratic
Alternatives for Zimbabwe (IDAZIM), and freelance
journalist Jealousy
Mawarire. The three were being detained and questioned
on Friday evening,
while another nine civil society leaders were being held
under heavy police
guard. Zimbabwean CIO agents were leading the
interrogations of the
activists, along with Namibian police.
The
civil society groups, including representatives from the Crisis in
Zimbabwe
Coalition, traveled to Namibia to keep the pressure on SADC to lay
out a
clear plan for democratic change in Zimbabwe.
On Friday afternoon, the
groups were set to deliver a position paper to SADC
leaders, calling on them
to “urgently lay out in clear terms, firm
pre-conditions to ensure
democratic elections in Zimbabwe that are without
violence and intimidation
and that fully comply with SADC principles and
guidelines governing
democratic elections.”
But according to the Crisis Coalition’s Dewa
Mavhinga, who contacted SW
Radio Africa by SMS on Friday, about 20 civil
society leaders were
‘violently ejected’ from the Summit by Namibian police.
Mavhinga said that
the group’s vehicle was also impounded, explaining how
Namibian police,
together with Zimbabwean security agents, were ‘harassing’
the group. He
said equipment like cameras was also
confiscated.
Crisis Coalition director Mcdonald Lewanika and Mavhinga,
Philip Pasirayi,
Pedzisai Ruhanya and Dadirai Chikwengo, along with five
other activists,
were guarded by armed police on Friday evening. Petras,
Mabenge and the
journalist were questioned.
The group was finally
released late Friday evening, after the heads of state
at the Summit had
left. Mavhinga said the group was interrograted by more
than 16 Zimbabwean
CIO agents. He also slammed the involvement of Namibian
security officials,
saying "Namibia is hostile to democracy."
Press
Statement
20 May
2011
Zimbabwe
Lawyers for Human Rights (ZLHR) condemns the malevolent and illegal actions of
unidentified Zimbabwean state security agents who on Friday 20 May 2011 harassed
Civil Society Organisation (CSO) representatives at the SADC Extra-Ordinary
Summit in
Windhoek, Namibia.
Some
Zimbabwean state security agents who refused to identify themselves, accompanied
by some Namibian law enforcement agents under unclear circumstances interrogated
some CSO leaders who were attending the SADC summit.
The CSO
leaders had on Thursday 19 May 2011 shared their position
concerning the road map to free and fair elections in Zimbabwe at a press
conference organised by the Southern Africa Development Community-Council of Non
Governmental Organizations (SADC-CNGO) in partnership with NANGOF Trust,
Namibia.
The CSOs also attended
another press conference that had been organised by the Crisis in Zimbabwe
Coalition focusing on CSOs input into the Zimbabwean election
debate.
First to be
targeted were about ten representatives including National Association of Non
Governmental Organisations (NANGO) chairperson Dadirai Chikwengo, Crisis in
Zimbabwe Coalition officials MacDonald Lewanika, Pedzisayi Ruhanya and Dewa
Mavhinga and other representatives from the Zimbabwe Election Support Network
who had been distributing statements with key demands from Zimbabwean CSOs at
Safari Court hotel, the venue of the Summit.
The CSO’s
representatives were whisked away by Namibian law enforcement agents while state
security agents watched. During that time state security agents asked Lewanika
some questions on his personal details, his business in Namibia, where he was
residing, how long he had been in Namibia and how he had arrived in the country.
The CSO
representatives were then told to leave the premises of the hotel after some
interrogation by the Zimbabwe state security agents.
The state
security agents also briefly detained Jelousy Mawarire for allegedly capturing
pictures and chased away Shastry Njeru
of the
Zimbabwe Human Rights NGO Forum from the venue of the SADC Summit.
Mawarire,
who had his pictures deleted from his camera, was later released after the
intervention of Namibian human rights lawyer Norman
Tjombe.
Also
targeted were ZLHR Executive Director Irene Petras, Joy Mabenge of Institute for a Democratic
Alternative for Zimbabwe, Lloyd
Kuveya of Southern Africa Litigation Centre, Makanatsa Makonese of SADC Lawyers
Association who were having a meeting at the hotel. The four CSO representatives were
force-marched into the hotel’s parking area by two armed Namibian police who
took them to the Namibian Chief Inspector dealing with security at the Summit
and the Zimbabwean security agents.
The
Zimbabwean state security agents were very hostile and proceeded to profile
Petras, Mabenge, Kuveya and Makonese. They refused to identify
themselves.
The CSO
representatives were interrogated by the state security agents for more than one
hour and the questions centered around their personal details, their mission in
Namibia, their place of residence in Namibia, and their residential addresses in
Zimbabwe while officials from the Zimbabwean embassy were
observing.
ZLHR
strongly condemns this despicable conduct and reminds the state security agents
and the government that civil society has the right to have its voice heard that
is why there is a strong delegation drawn from various networks in Zimbabwe and
the region. The actions of the state security agents highlights the need to
urgently reform the security sector players as enunciated in the Global
Political Agreement as they continue to be a law unto themselves even beyond the
borders of Zimbabwe.
ENDS
http://www.swradioafrica.com
By Alex Bell
20 May
2011
ZANU PF has demanded that recent strong resolutions on Zimbabwe,
adopted by
the regional security organ the Troika, be overturned, calling on
the Summit
of Southern African Development Community (SADC) leaders to
reverse the
position.
The summit of regional leaders got underway in
Namibia on Friday. The
meeting was unlikely to include any substantive
discussion on Zimbabwe,
after the regional mediator in the political crisis,
South Africa’s Jacob
Zuma, pulled out of the event. However, it is
understood that Zimbabwe did
feature on the agenda of talks.
Dewa
Mavhinga from the Crisis in Zimbabwe Coalition, which is attending the
summit, told SW Radio Africa on Friday that SADC leaders were set to discuss
recent resolutions adopted by the SADC Troika in March.
That summit
in Livingstone, Zambia, had condemned the lack of progress in
the unity
government, in the first meaningful criticism of ZANU PF the
region has ever
issued. The Troika called for an end to violence and
intimidation, and
called for the drafting of an election roadmap towards a
credible and
violence free poll in Zimbabwe.
ZANU PF had been left visibly stung by
the Troika’s position, which has been
praised for being much tougher than
the usual SADC policy of quiet
diplomacy. Robert Mugabe’s party this week
also launched a regional
offensive trying to get support, and a contingent
of party members have
since called for these SADC resolutions to be
overturned.
Mavhinga explained that the party has been on a “massive
propaganda drive,”
trying to “mislead the region that conditions are right
for an election this
year.” The party brought in a mob of supporters and
members, who were been
handing out copies of a dossier said to contain
‘evidence’ of MDC violence.
Mavhinga explained that “much work needs to be
done to counter this
propaganda.” He added that civil society hoped the SADC
Summit would, none
the less, endorse the Troika resolutions and put on
public record a clear
timeframe of its plan of action in
Zimbabwe.
SADC has since officially deferred the Zimbabwe issue until
June. The matter
will now be discussed on the sidelines of the Common Market
for Eastern and
Southern Africa (Comesa) summit, scheduled for June 11 in
Johannesburg.
Mavhinga meanwhile said that the fate of the SADC Tribunal
was also up for
discussion, with ZANU PF urging that the court’s ruling on
Robert Mugabe’s
land grab campaign be overturned. The court ruled in 2008
that the exercise
was unlawful, but the Mugabe government has refused to
honour the rulings,
insisting the court has no jurisdiction in
Zimbabwe.
Controversially, a SADC summit last year decided to review the
role and
functions of the court, rather than be forced into taking action
against the
Zim government for its contempt. That review has since been
concluded, and
has upheld the court’s decision and has further stated that
the Tribunal was
properly constituted. The report was presented to a SADC
Council of
Ministers meeting last month, who were said to have endorsed
it.
But according to Zimbabwe’s state media the Ministers reportedly
agreed that
the Tribunal’s rulings were null and void. Zimbabwe’s Justice
Minister and
ZANU PF top dog, Patrick Chinamasa has in recent days insisted
the Tribunal’s
rulings must be overturned.
http://www.thezimbabwemail.com
20/05/2011 19:22:00 Staff
Reporter
WINDHOEK, Namibia - The increasingly frustrated and isolated
Zimbabwean
President Robert Mugabe has again clashed with the SADC Troika
Chairman and
Zambian leader Rupiya Banda and the pair are said to have
exchanged harsh
words in front of other heads of State at the SADC Summit in
Namibia, The
Zimbabwe Mail can reveal.
Ahead of the summit, SADC
issued a Comminique saying that the the Zimbabwe
issue had been removed from
the agenda, but the boisterous Zimbabwe State
media loyal to Robert Mugabe
insisted that the summit was going to fully
discuss the progress that had
been made by the political parties in the
inclusive government in
implementing the GPA and the roadmap to the holding
of elections in the
country.
Zanu PF insisted that it was going to come out armed with a
favourable
resolution to call for elections this year and, in that spirit, a
full
delegation of a high powered delegation arrived in Windhoek bubbling
with
confidence, but the truth began to unravel at the airport as the
Namibian
President Hifikepunye Pohamba failed to turn up to welcome his
Zimbabwean
counterpart, preferring to delegate his Foreign Minister Utoni
Nujoma
instead.
Discussions on the Zimbabwe issue at the SADC Summit
in Windhoek, Namibia,
was never of the agenda following the failre of the
SADC facilitator on
Zimbabwean talks, South African President Jacob Zuma's
failure to attend due
to pressing domestic issues.
However, the
face-saving Zimbabwe State media is now honking on spin saying
the issue
have been deferred and will now be held at the Tripartite Summit
in South
Africa next month.
Sources close to the deliberations said Robert Mugabe
failed to salvage the
issue back on the agenda as he was rebuffed by his
regional peers and
complained of what he called inaccuracies in the
Livingstone report
presented by SADC Troika Chairman, President Rupiya Banda
of Zambia.
Heads of State present also told him that some of the issues
he raised on
the report needed a response by the facilitator, President
Jacob Zuma of
South Africa.
Mugabe also complained that procedures
were not being properly followed as
he was not was never given a chance to
see the report and at that point
Banda told him that his he was on an equal
footing with his coalition
partners.
This sparked an angry exchange
of words between the two leaders with Mugabe
saying he was the Head of State
and entitled to that privilege, but the
feisty Zambian President was having
none of it.
The other reasons cited was that the other parties in the GPA
were not
present for a full discussion.
Zanu PF was armed with bags
of Dossiers of DVDs of MDC Congress violence
which it planned to present to
SADC heads of States but all was in futile as
the Zambian leader prevailed
with indefatigable authority, leaving Robert
Mugabe and his mob
frustrated.
Meanwhile, the embattled former ruling party Zanu PF’s
Chairman, Simon Khaya
Moyo, has distributed a statement of defiance
reiterating his party’s
position regarding the political situation in
Zimbabwe and the holding of
elections, amid reports of escalating
frustration and tensions from the as
they struggled to get their way at the
summit.
The Zimbabwe Mail correspondent, in Nambia, reports that the Moyo
said the
only way forward for the parties in the Global Political Agreement,
is to
speedily conclude the constitution-making process and allow
Zimbabweans to
participate in a referendum and in polls.
He said the
current delaying tactics employed by the MDC formations is a
recipe for
political and economic instability in Zimbabwe.
Moyo added that as a
party, Zanu PF is totally against an idea of a new
roadmap to elections as
it means re-negotiating the GPA.
The two MDC formations have of late been
advocating for a fresh election
road-map, divorced from the dictates of the
GPA. They are both united on
full implementation of the outstanding GPA
agreements.
The Zanu PF chairman said he hoped the on-going SADC summit
in Namibia will
review the position taken at the last summit in Livingstone,
Zambia and
facilitate the full implementation of the PGA, particularly the
holding of
elections this year, without further delay.
He also said
the GPA parties should, in unison, call for the removal of
travel
restrictions on Zanu PF leaders and against what he called the
illegal
broadcast by western radio stations into the country.
Moyo’s said the
three parties in the inclusive government have clearly
failed to bust travel
restrictions together and to support the agrarian
reform as well as the
indigenisation and empowerment thrust together.
He said Zanu PF will
stick to the letter and spirit of the GPA, which
stipulates that elections
should be held after the completion of the
constitution-making
process.
Commentators at the summit said Moyo’s statement seemed to be an
act of
desperation as no one was listening to Zanu PF’s plea at the summit
to get
the Zimbabwe agenda back on the table in the absence of the
facilitator.
SADC mediator and facilitator on the Zimbabwean crisis,
South African
President Jacob Zuma, is not attending the Namibian Heads of
State Summit
due to domestic commitments.
A South African embassy
official in the Harare has said Zuma would be
overseeing the local
government elections in his country and SADC had seen
it fit that the
Zimbabwe crisis problems could not be discussed without the
facilitator.
This has left Robert Mugabe clutching at straws because
he and his party
wanted the summit more than the MDC formations.
Zanu
PF had bands of hired party mobs and thugs in Namibia ready for
legendary
defiant chant at the Summit venue in demand for elections this
year in
support of its beleaguered leadership, today The Zimbabwe Mail has
met some
of them loitering in the streets of Windhoek doing shopping clad in
party
regalia.
One Zimbabwean journalist attending the summit said, “things
have turned the
corner for Zanu PF. A few months back it was the MDC
demanding SADC summits,
and now it is Zanu PF’s turn, I hope they write a
headline, “SADC Ignores
Zanu-PF” in the Herald, like they used to do in the
past”, he said in a
burst of laughter from the joint.
http://mg.co.za/
GLENDA DANIELS JOHANNESBURG - May 20 2011 00:00
The
Mail & Guardian's three-year battle to gain access to a report by two
senior judges on Zimbabwe's 2002 presidential election finally reached the
Constitutional Court this week.
The report was commissioned by former
president Thabo Mbeki, who sent judges
Dikgang Moseneke and Sisi Khampepe to
Zimbabwe to investigate
"constitutional and legal challenges" in the
build-up to that country’s
disputed and highly controversial 2002 poll (See
accompanying story below).
The M&G requested a copy of the report
under the Promotion of Access to
Information Act in 2008, but was turned
down by the presidency.
The newspaper then won a high court victory,
subsequently confirmed by the
Supreme Court of Appeal, ordering President
Jacob Zuma to disclose the
report.The Constitutional Court hearing on
Tuesday represented Zuma's final
appeal against this order. Judgment was
reserved.
Questioning by a panel of nine judges (Deputy Judge President
Dikgang
Moseneke and Judge Sisi Khampepe recused themselves as they were the
authors
of the report) threw up the question: Did their two colleagues
travel to
Zimbabwe as "special envoys" on a diplomatic mission, as "the
embodiment of
the president", as claimed by the presidency?
Marumo
Moerane, senior counsel for the presidency, told the court that all
the
democratic presidents of South Africa had mediated in Zimbabwe's
turbulent
political climate, lending sensitivity to the judges' report.
The
presidency has maintained that the judges' assessment was a "Cabinet
report", which was exempt from disclosure under the Act. The M&G
disputes
this because, among other reasons, the president is far more than
the head
of Cabinet.
The paper also argues that the judges' role
cannot be regarded as that of
special envoys on a diplomatic mission, which
would also make their report
exempt from disclosure under the Act, because
such a mission would conflate
the functions of the executive and the
judiciary.
Jeremy Gauntlett, senior counsel for the M&G, said the
case raised "the
worrying issue of the separation of
powers".
Pretending they were presidential envoys, he said, was a
case of trying to
"squeeze into a tiny Cinderella's slipper to make them
envoys", when, in
reality, "they are judges".
"Pariah regimes"
In
an affidavit before the court, M&G editor Nic Dawes said: "What is
concerning is that the presidency prioritises its relations with the Mugabe
regime over its clear constitutional and statutory obligations [to
disclose]. It is this attitude which would fracture international relations,
not the disclosure of 'innocuous' (the president assures this court)
discussions.
"Should the international community come to view the
presidency's loyalties
as lying not with the rule of law but with pariah
regimes, the world’s
confidence in South Africa’s democratic commitment
would be destroyed."
The sequence of events in the case, highlighting
government's determination
not to disclose the contents of the judges'
report, is as follows:
<="" li="">
In September 2008
the M&G lodged an internal appeal as provided for in
Paia. It was
dismissed by the presidency in November that year.
In June 2010,
after the M&G had applied to the North Gauteng High Court,
Judge Stanley
Sapire ordered the presidency to hand over the report within
seven days. He
ruled that there was no evidence that the report contained
information that
was obtained in confidence.
In December that year, following an
appeal by President Jacob Zuma, the
Supreme Court of Appeal again ruled in
the M&G’s favour. Judge Robert Nugent
said that the travails of Zimbabwe
and "the consequences for South Africa
were so notorious that it would be
myopic not to accord them judicial
notice".
Nugent also cited the
matter Brümmer v Minister for Social Development,
emphasising the importance
of grounding South Africa in the values of
accountability, responsiveness
and openness. And he cited legal academic
Etienne Mureinik, who captured the
essence of the Bill of Rights when he
described it as "a bridge from the
culture of authority … to a culture of
justification" and a "culture in
which every exercise of power is expected
to be justified".
Zuma's appeal was dismissed with costs.
Victory is in the eye of
the observer
Robert Mugabe's victory in the 2002 presidential
election ended all doubt
about the extent to which his party was willing to
use violence and defy
world opinion to keep him in power.
Mugabe's
inauguration, on a Sunday morning in the gardens of State House,
was
boycotted by Western diplomats. A pall hung over much of the country.
Citizens' hope for change had been snuffed out by a combination of violence
and cynical electoral laws.
The first foreign visitor to arrive in
Harare to congratulate Mugabe was
Jacob Zuma, then South Africa’s deputy
president.
According to a dispatch from the country’s foreign affairs
department, Zuma
"congratulated President Mugabe on his re-election, based
on the preliminary
reports" of a South African election observer mission
that described the
election result as "legitimate".
But it was an
election rejected by much of the world. The European Union
sanctions, which
Mugabe's party has now made the centre of its anti-Western
propaganda, were
imposed in the run-up to the 2002 polls after Zimbabwe
kicked out the head
of the union's observer mission, who had entered the
country on a tourist
visa. Mugabe would also later withdraw from the
Commonwealth, which
suspended Zimbabwe in 2002 over the conduct of the
election.
He won
with 56% of the vote, 400 000 more votes than Movement for Democratic
Change
leader Morgan Tsvangirai.
There were various observer groups overseeing
that election, but their
verdicts followed old alliances, with African
missions mostly backing the
outcome, whereas Western observers rejected
it.
The Organisation of African Unity said that "in general the elections
were
transparent, credible, free and fair". An observer from Namibia, which
has
been one of Mugabe's most dependable allies, said the poll had been
"watertight, without room for rigging".
But rights groups pointed out
that more than 30 people were killed in
political violence, more than a
thousand polling agents and monitors were
detained and regulations on the
eve of voting made a free poll impossible.
Apart from the violence,
Zanu-PF set about reversing the voting trends of
the 2000 general election,
when it lost virtually every urban seat in the
first poll contested by the
MDC.
Zanu-PF drew up a raft of regulations deliberately designed to
throttle the
urban vote. In 2002, aware that it could not regain support in
the urban
areas, it made sure that votes in these areas would be whittled
down.
A report on the elections by ZESN, a coalition of local election
observer
groups, recalls how the government had slashed the number of voting
stations
in urban areas and other MDC strongholds by up to 50% since the
2000
elections.
At the same time, about 644 new voting stations were
opened in rural areas.
In almost half the rural constituencies the
opposition was denied the
opportunity to monitor voting and their agents
were attacked and harassed.
Only about 400 of the more than 12 000
monitors who applied for permission
to oversee the polls were accredited --
not enough for the more than 4 500
polling stations across the
country.
Despite laws allowing voters still in the queue at the close of
the polls to
vote, polling stations in urban centres were shut down and
thousands turned
away by police.
Urban voters, many of them either
tenants or residents of informal
settlements, were forced to produce
passports and utility bills to prove
they had lived in their constituencies
for at least 12 months.
In Zanu-PF’s rural strongholds villagers hoping
to vote had to be registered
by traditional leaders, who were firm Mugabe
supporters.
A law was passed on the eve of the elections stripping people
of foreign
ancestry of citizenship, effectively denying many people, mostly
in urban
areas and farming districts, their voting rights. -- Jason Moyo
http://www.swradioafrica.com
By Tichaona Sibanda
20
May 2011
There was pandemonium in Warren Park on Thursday when
overzealous police
swooped on a group of mourners and arrested 35 of them,
following
disturbances with ZANU PF youth.
Among those picked up by
the police was the father of the deceased who died
in a car accident on
Wednesday in Harare. The MDC-T confirmed the arrests in
a statement but did
not release the name of the deceased or that of the
father.
Our
correspondent Simon Muchemwa said since both father and son were staunch
MDC-T supporters, most of the mourners at the funeral wake wore party
regalia and were singing and chanting MDC songs and slogans.
‘We are
being told that at some point there was clash between mourners and
members
of ZANU PF’s notorious Upfumi Kuvadiki group (a shadowy so-called
empowerment group). This group threw stones at the mourners and some
vehicles were damaged.
‘The group quickly fled the scene only to
phone the police that they were
attacked by MDC activists. So when the
police came they just picked up the
mourners and took them to Warren Park
police station,’ Muchemwa said.
The MDC said the 35 detainees were
transferred to Harare Central Police
station on Friday and charged with
assault and theft, adding that the police
are yet to identify the assault
victims or the stolen property.
In related issues of MDC-T harassment,
Midlands North Province Lazarus
Zviito, the Zhombe Ward 6 chairperson, and
Tafadzwa Muchakagara, who were
arrested and remanded in custody since
February 7th, were released by the
Kwekwe Magistrate’ court on
Thursday.
The party said Zviito and Muchakagara were arrested on
trumped-up charges of
public violence and had been in remand prison then.
The two are facing
charges of threatening ZANU PF ward vice chairperson,
Ishmael Sibanda and
intimidating Chief Samuel Samambwa.
There has
also been another death this week from an MDC-T official who was
badly
beaten in 2008. In the run up to the presidential run-off election
Edward
Tseka Tandi, vice chairperson for Nembudziya in Gokwe, was savagely
attacked
by ZANU PF thugs in Nembudziya and had to undergo major surgery. He
never
fully recovered from his injuries.
The 54 year old died at his Avondale
home on Tuesday and has been buried at
his rural home in Mutora, Nembudziya.
Hundreds of MDC-T supporters bid
farewell to this strong ward leader who
braved the assaults of ZANU PF to
continue fighting for democratic change.
http://www.zimonline.co.za/
by Thulani Munda Friday 20 May
2011
HARARE – There has been a sharp increase in arson attacks
against supporters
of Prime Minister Morgan Tsvangirai’s MDC party since the
former opposition’s
congress two weeks ago, the Zimbabwe Human Rights
Association (ZimRights)
has said.
In the latest of its ‘Political
Temperature Bulletins’ the ZimRights said it
has received several reports
that suspected ZANU (PF) militia in the eastern
Manicaland province have
raided scores of homesteads belonging to MDC
supporters and burnt them down
as punishment for not backing President
Robert Mugabe.
“There has
been a sharp increase in cases of arson attacks in Manicaland
province since
the MDC-T held its congress in Bulawayo almost two weeks
ago,” Zimrights
said in the bulletin made available to ZimOnline on
Thursday.
The
rights group gave the example of two families from the rural Mutasa
Central
constituency whose houses were burnt down as the militias warned the
families that they would return to kill them should they continue supporting
Tsvangirai and the MDC.
Members of the two families have since gone
into hiding in fear for their
lives, according to ZimRights.
“Houses
belonging to two MDC families in Mutasa Central families were set
ablaze
last week,” the rights organisation said.
“The suspected ZANU (PF)
attackers left a note which partly read ‘if you
continue to talk about
Tsvangirai, you will continue to do so in heaven,’
implying that they would
be all killed). All the property of the victims was
destroyed and they are
currently in hiding,” it added.
Police were not immediately available for
comment on the matter, so was ZANU
(PF) spokesman Rugare Gumbo.
But
ZANU (PF) has in the past denied its members commit political violence,
while accusing non-governmental organisations of falsely accusing the party
of perpetrating violence and human rights abuses in a bid to tarnish its
name and that of its leader, Mugabe.
Political violence and human
rights abuses are on the rise in many parts of
Zimbabwe amid growing tension
between ZANU (PF) and the MDC-T over when to
hold elections to choose a new
government to end their tenuous power-sharing
arrangement.
Mugabe is
fighting to have elections this year, which ZANU-PF is confident
it will win
after the party’s loss to the MDC in 2008.
The 87-year-old leader was
forced into a unity government with Tsvangirai
after a flawed run-off vote
but two years down the line ZANU (PF) says it
now wants to go it
alone.
The MDC has warned that a rushed election will lead to violence,
while
Tsvangirai has warned he could boycott any election hastily called
either
without a new constitution or without giving the proposed new charter
time
to take root.
Tsvangirai has repeatedly urged the Southern
African Development Community
(SADC) to craft a "road map" that will set
benchmarks for credible free and
fair elections to end the tenure of the
coalition, while avoiding the
bloodbath of 2008 when more than 200
opposition members were killed in
political violence
But today's
summit of SADC leaders is not going to discuss Zimbabwe because
South
African President Jacob Zuma is not going to attend the conference
because
of other pressing commitments.
The SADC is the guarantor of Zimbabwe’s
power-sharing agreement while Zuma
is the bloc’s chief mediator between the
Zimbabwean parties. Zuma was due to
present a report to regional leaders on
Zimbabwe’s troubled transition
process. – ZimOnline.
http://www.dailynews.co.zw
By Xolisani Ncube, Staff Writer
Friday, 20 May 2011
15:56
HARARE - Harare mayor Muchadeyi Masunda has warned that the
city could be
hit by an outbreak of cholera yet again as critical water
treatment
chemicals for the city are perilously close to running
dry.
Speaking at a media briefing in the capital yesterday, Masunda
said the
United Nations Children’s Fund (Unicef) was terminating its water
treatment
chemicals partnership with the Harare City Council (HCC) end of
next month.
Unicef had been providing the council with water treatment
chemicals since
the outbreak of a cholera epidemic that killed over 4 000
people at the
height of Zimbabwe’s economic and political tumult in
2008.
“If we don’t do something about the problem we risk going back to
the
cholera era. If we don’t take any measures we risk going back to the
2008
period,” said Masunda.
He added: “Unicef wrote to us in November
telling us that they would stop
assisting local authorities with chemicals
for water purification. We had to
negotiate for the extension which they
gave us until June 30 and they have
since written to us reminding us that
the deadline is approaching so we need
to find a solution to that
issue.”
The looming crisis comes at a time when the local authority is
burdened with
financial problems, which it claims are a result of huge
unpaid debts by
residents, government and industry.
Masunda said it
was time the local authority changed its thinking and
started making use of
local resources for survival.
“We are alone and not getting any funding
from the central government. So it
is important that we stop this reliance
on other people’s tax money to
sustain us,” said Masunda.
Harare has
been experiencing water shortages for the past decade with some
areas such
as Mabvuku having gone for years without a drop.
The problem has been
worsened by continued power cuts and low revenue being
collected by the
local authority.
Residents groups have described the continued water
situation as
unacceptable. They argue that the city cannot force residents
to pay
exorbitant charges for water that is unavailable for most of the
time.
“Council should focus on improving service delivery as opposed to
enjoying
the salaries which are coming from rate payers for no service
delivered.
We are warning them that we need better water and good roads,”
said
Simbarashe Moyo of the Combined Harare Residents
Association.
Harare Residents Trust coordinator Precious Shumba said the
local authority
should start looking for other revenue sources rather than
rely solely on
rate payers.
“The City of Harare should devise new
ways of raising revenue in order to
pay its huge workforce than continue to
expect residents of Harare to fund
their huge salaries and administration
bill, yet service delivery remains
depressed,” said Shumba.
http://www.nation.co.ke/
Posted Friday,
May 20 2011 at 20:11
HARARE, Friday
Zimbabwe’s President Robert
Mugabe has rejected security sector reforms as
proposed by his partners in
the inclusive government, saying the Zimbabwe
Defence Forces (ZDF) was an
exemplary and reputable force.
Mr Mugabe termed the proposals
“nonsensical” and motivated by ignorance of
the operations of the defence
forces by the two MDC factions led by Prime
Minister Morgan Tsvangirai and
Industry minister Welshman Ncube.
“It is nonsense. Our security forces
are well-established, they are
reputable,” Mr Mugabe said in an interview
with The Herald published
newspaper, The Southern Times.
The
President, who is also the commander in chief of the ZDF, said the unit
did
not need any transformation as it had successfully fought colonialism
and
had been the vanguard of local independence for the past 31 years.
“What
reform is required? They are a force that has a history, a political
history. I am Commander-in-Chief of the Defence Forces; I know how they are
organised,” he said, adding that the ZDF was an acclaimed unit that had
earned the respect of the UN. (Xinhua)
http://www.swradioafrica.com
By Lance Guma
20
May 2011
Education Minister David Coltart has revealed that each child in
Zimbabwe
has been allocated just under US$2 per month in the budget towards
their
education. Coltart made the shocking revelation on Tuesday during an
Open
Society Initiative for Southern Africa (OSISA) roundtable
discussion.
The figure represents a slight improvement on the US$1 per
child, previously
cited by the minister last year, but will do little to
pacify critics who
point to government leaders and ministers blowing tens of
millions of
dollars on foreign trips.
Last month Finance Minister
Tendai Biti warned that foreign trips by Mugabe
to Asia for medical
treatment, plus trips by ministers, may blow up to US$50
million this year
alone if they are not curbed.
“The situation is out of hand. It’s
alarming. It’s frightening. It’s
criminal that you can spend $12.5 million
on travelling and you can’t put
that money either into health or education,”
he said. Biti was referring to
the US$12 million reportedly used by Mugabe,
just for his Asian trips. Last
year’s travel bill was US$28
million.
In the first two decades after independence between US$4 to US$6
was
allocated per child for textbooks and other expenses, but years of
corruption and mismanagement under the ZANU PF regime has seen that figure
plummet.
Coltart appealed to the international community to support
the struggling
education sector, arguing that such support would not prop up
the regime
responsible for gross human rights abuses but would instead be an
investment
in the future and help the transition.
Meanwhile the
Bulawayo Progressive Residents Association (BPRA) has slammed
the chasing
away from school of children who have failed to pay their fees.
Since
Tuesday numerous schools in the city have been sending children home,
contrary to the announced government policy.
Coltart has repeatedly
said school authorities should not disrupt children’s
education for failing
to raise fees, but headmasters claim they have not
received this instruction
in writing. Roderick Fayayo from the BPRA told SW
Radio Africa that there
was a clear disconnect between statements by Coltart
and the reality on the
ground.
The BPRA has even claimed some children are being “chased away
from school
for non-payment of teachers’ incentives.”
http://www.dailynews.co.zw/
By Reagan Mashavave, Staff Writer
Friday, 20 May
2011 16:03
HARARE - Close to 700 constitution-making process
officials have squandered
US$4 million-plus while camped at expensive hotels
during the past two
weeks, the Daily News can reveal.
The
officials booked into several Harare hotels since May 02 ostensibly to
analyse data collected at more than 4 500 outreach meetings held last
year.
However, they have been haggling over petty issues at the expense
of process
that is key in laying the foundation for credible future
elections in
Zimbabwe.
Paul Mangwana, the Zanu PF Copac joint
chairperson, confirmed that the
constitutional-making process was an
absolute waste of resources because of
continued haggling and bickering,
which hampered progress.
“We reviewed our work yesterday (Wednesday), and
identified our challenges.
We lost a lot of time when we had disagreements.
That chewed our resources,”
Mangwana said.
“We had 10-11 people
sharing a computer and most of the time these people
will be arguing. We
decided to streamline our staff because some of the
people didn’t have the
skills in using computers” he said.
Mangwana said he could not guarantee
that further disagreement could
harmstring the exercise in
future.
Yesterday – after negotiating modalities to proceed with the
process – main
parties to the project agreed to trim the number of officials
by almost
half.
The delayed process will then start afresh on Monday
requiring more money,
according to top sources within the Constitution
Select Committee.
The parties, Zanu PF and the two MDC formations, agreed
to chop the deadwood
and discard officials that were not adding value to the
process.
Most of the officials, including some MPs, were so illiterate
that they
lacked basic knowledge in using computers yet were part of a
highly
technical exercise.
But that was after they had already
squandered taxpayers and donor money
painstakingly poured into the process,
which has often suffered delays
because of lack of funding.
Resources
were wasted in hotel accommodation, daily allowances, lunches and
transport
fees for the 676 officials. Only 350 will remain.
The exercise has been
extended by another fortnight, according to Edward
Mkhosi, joint Copac
chair.
Copac in the last two weeks forked out between $120 to $130 in
accommodation
fees at hotels such as Meikles, Rainbow Towers, Cresta Oasis
and Holiday Inn
among others.
Officials received lunch worth $27
daily at the Rainbow Towers.
Daily allowances for the officials were:
$100 for rapporteurs, team members
$80, team leaders $100 and technical
officers or researchers $150 each.
All the staff got transport fees with
legislators getting fuel allowances to
and from their constituencies.
Ordinary members were given transport
allowances ranging between $30 to $50
for those from outside Harare.
Harare delegates were given $10
each.
“We spend slightly over $4.2 million in the past 16 days.
Absolutely nothing
took place in all these days. We are going to start from
scratch,” a source
said. “The three parties will submit the names of the
people to remain in
the exercise tomorrow. We are expecting to start on
Monday.”
The three parties’ major disagreement was on the methodology to
be used by
the thematic committees.
Zanu PF preferred to use
quantitative methods while the two MDC formations
demanded the use of
qualitative methods.
The parties eventually agreed to use both methods
but could not proceed
because of other disagreements.
“Most of the
time people spent time arguing and waffling over nothing. At
one time we
spent about three days not agreeing on the methodology that we
were going
to use,” Mkhosi said.
As the Daily News was speaking to Mangwana, Zanu PF
members were taking
aptitude tests to screen the illiterate ones. Copac in
January requested
over $6 million to complete the constitution-making
process.
In March treasury reportedly released $5 million dollars after
the exercise
had been delayed by over two months.
http://www.voanews.com
Commercial Farmers
Union Agricultural Recovery and Compensation manager Ben
Gilpin said his
organization will channel the food packages to the farmers
who are mostly
over the age of 65, have no source of income and are no
longer able to
work
Gibbs Dube | Washington 19 May 2011
Millions of
Zimbabweans have received food aid over the past decade as the
country's
agricultural sector collapsed under the impact of a chaotic land
reform
program, but now South African churches are collecting food to send
to what
might seem an unlikely group of recipients: aging white commercial
farmers
left destitute in the process.
Commercial Farmers Union Agricultural
Recovery and Compensation manager Ben
Gilpin said his organization will
channel the food packages to the farmers
who are mostly over the age of 65,
have no source of income and are no
longer able to work.
The union
will also urge the British government, which has scaled back such
assistance, to step it up again, and ask the Zimbabwean government to lend a
hand.
Gilpin said former commercial farmers receiving such aid lost
their
financial assets in the seizure of their farms, saw their savings
wiped out
by the hyperinflation that ravaged the Zimbabwean economy through
early
2009, and have no pensions.
He said some farmers sunk large
amounts into farm improvements only to be
driven off their farms by
liberation war veterans and other supporters of
President Robert Mugabe who
launched land reform in 2000. Most large farms
ended up in the hands of
senior officials of Mr. Mugabe's ZANU-PF party -
Mr. Mugabe's own family
holds several.
Development worker Liberty Bhebhe said food handouts from
South African
churches should also go to the thousands who lost their
livelihoods as a
result of land reform.
“We understand that the
General Plantation and Agricultural Workers Union is
currently assessing the
needs of ex-farm workers who also need help in terms
of food aid and other
basic necessities,” Bhebhe told VOA Studio 7 reporter
Gibbs Dube.
http://www.telegraph.co.uk
A former member of
Robert Mugabe's feared secret police in Zimbabwe who
admitted kidnapping
dozens of his political rivals and carrying out acts of
torture "too
gruesome to recount" has been granted asylum in the UK under
European human
rights legislation.
By Aislinn Laing, Johannesburg 12:19PM BST 20 May
2011
Phillip Machemedze, 46, came to the UK in 2000 along with his wife
because
he had "enough of the torture", but waited eight years to apply for
leave to
remain.
He was originally turned down by the Home Office in
March this year because
he had committed crimes against humanity.
But
on May 4, he was granted asylum on appeal under European human rights
laws
because a tribunal ruled he would be killed by his former Central
Intelligence Organisation colleagues if he returned to
Zimbabwe.
According to sources close to the case, he and his wife are
living on social
support benefits in Newport, south Wales.
An
estimated 800 people were kidnapped or disappeared, 80 were killed and 90
more tortured in the run-up to the 2000 elections in Zimbabwe, which saw
Robert Mugabe's Zanu PF beat the rival Movement for Democratic Change party
by a slim majority.
The CIO, along with the police and armed forces,
was widely blamed for the
worst of the violence – and there are fears that
it could be preparing
another crackdown ahead of elections planned within
the next year.
Mr Machemedze spent four years in the CIO and admits
smashing the jaw of an
MDC activist with pliers before pulling out his tooth
and stripping another
naked and threatening to force him to rape his
daughters if he did not give
information.
He also confessed to
electrocuting, slapping, beating and punching "to the
point of being
unconscious" a white farmer suspected of giving money to the
MDC, and to
"putting salt into the wounds" of a female MDC member who
imprisoned in an
underground cell before being stripped naked and whipped.
But he claims
he tried to leave the CIO and was supplying information to the
MDC. He said
his wife was tortured after he left the country, prompting her
to leave
behind their three children and follow her husband to the UK.
Mr Justice
David Archer, of the Immigration and Asylum Chamber in Newport,
said there
was no doubt that Mr Machemedze was "deeply involved in savage
acts of
extreme violence".
"Some were killed slowly and their bodies disposed of.
He witnessed people
with their limbs cut off. Other acts of torture were too
gruesome to
recount," he said.
But he said that under the European
Human Rights Convention, he himself
should be protected from torture and
threats to his life.
"Those rights are absolute and whatever crimes PM
has committed, he cannot
be returned to face the highly likely prospect of
torture and execution
without trial," he ruled.
The Home Office has
said it will not appeal the ruling.
http://www.newzimbabwe.com
20/05/2011 00:00:00
by Staff
Reporter
PRESIDENT Robert Mugabe has dismissed claims that he is
protecting Deputy
Prime Minister, Arthur Mutambara who is clinging onto
power despite being
deposed as leader of his party.
Mutambara, then
leader of the MDC, was appointed deputy prime minister in
2009 at the
establishment of the coalition government.
But Industry and Commerce
Minister Welshman Ncube, insists Mutambara must
now relinquish the post
after standing down as party leader at a congress
held in January this
year.
However, President Mugabe has refused to have the MDC leadership
changes
reflected in government in changes that would see Ncube taking over
as
deputy prime minister.
Mugabe maintains he is not refusing to
recognise Ncube as the leader of the
MDC and says he has held lengthy
meetings with him over the issue.
“We have not refused to recognize
Welshman Ncube as president of the party
(and) we have not protected anyone
in any way,” Mugabe said in an interview
with a regional
newspaper.
“Mutambara … himself says firstly, that there was an agreement
between him
and Ncube that should there be a change at the congress, that
change would
not affect the principals and he would continue (as deputy
prime minister).”
Mugabe also said his hands were tied as the matter was
before the courts.
A faction of the MDC led by its former national
chairman is challenging in
court the legality of the leadership changes made
at the January congress.
Mugabe said the dispute was unfortunate but insisted
he would abide by the
decisions of the courts.
“We also feel that the
change is unfortunate in that he is the man they gave
to us, with whom we
have signed signatures, we have sown seeds, and the
fathering of the GPA was
with him,” he said.
“So, to unravel that is an unfortunate thing. But if
they succeed in their
quest to have him dropped, we cannot contest the
decision of the court.”
http://business.blogs.cnn.com
May
20th, 2011
Posted by:
CNN
Correspondent, Robyn Curnow
When you buy a 50 cent newspaper in Zimbabwe,
you don’t receive change in
coins. Instead, you get a small, round, grey
token, which you redeem at the
same newspaper vendor when you buy from him
another day.
When your supermarket bill is rung up and the total is $5.21
the cashier
offers you some sweets to make up the 69 cents change
difference.
When you buy a pizza or a burger at a Harare fast-food
center, your change
is a thin paper voucher, which you’d better cash in
quickly because within
days the ink has rubbed off in your wallet. All you
are left with is a grimy
blank piece of paper.
When you hop off a
local minibus taxi be sure get your change from the
driver. Sometimes he
hands it over, other times he rounds up the cost of
trip, leaving passengers
shortchanged. Mostly, he hands over a dollar note
to two strangers exiting
his taxi at the same place – telling them they have
to divide the
change.
Sometimes, frustrated, poor commuters come to blows on the side
of the road
over how to split taxi-fare change.
Taxi passengers –
like shoppers and newspaper vendors – can’t receive their
change because
there are no coins in Zimbabwe. The smallest denomination is
a $1 U.S.
note.
The country adopted the U.S. dollar two years ago after the
collapse of the
Zim dollar. Since then, rampant, record inflation has
stabilized but the
realities on the streets indicate there are still very
challenging economic
realities for Zimbabweans.
Firstly, the price of
produce and goods has become more expensive because
the country now has to
import most foodstuffs. A chicken at a supermarket
costs around $10
U.S.
Secondly, because there are no coins, many shops and restaurants
automatically round up the price of their goods and services – so ordinary
Zimbabweans find themselves footing the bill for an ad hoc “change
tax.”
Zimbabweans say proudly that they are a resilient people, that they
survived
even tougher economic times in the past decade. Indeed, that seems
true
because from what I have witnessed this week on the streets of Harare,
they
seem to have stoically adapted to an economy that is run on dollars and
sweets, not dollars and cents.
http://www.zerohedge.com
Submitted by Tyler Durden on 05/20/2011 11:35
-0400
A week ago we presented the idea floated by once
hyperinflationary Zimbabwe,
oddly jeered by most, that the country is
seeking to move to a gold-backed
currency, adding, somewhat
surrealistically, that the "days of the US dollar
as the world's reserve
currency are numbered." And if anyone should know a
hyperinflationary basket
case, it's Zimbabwe. Well, today this bizarre story
just went fuller retard,
after the country announced that it may exchange
diamonds for gold "so that
it can have a gold-backed currency, according to
a recent proposal from the
governor of Zimbabwe’s central bank." Indeed we
speculated previously why:
"Zimbabwe, a country rich in natural resources,
took so long to figure out
that it was nothing but a puppet in the hands of
western monetary
interests." Well, others are now getting this idea -
Commodity Online
reports that "The country is a resource hub: It sits on
gold reserves worth
trillions. It has the world’s second largest reserves of
platinum, has got
alluvial diamonds that can fetch the nation $2 billion
annually and even
boasts of chrome and coal deposits." And since Zimbabwe is
now fully on
board this whole "pioneering" thing perhaps it should just go
ahead and
create the first diamond-platinum backed currency. Just don't give
China and
Russia ideas about floating a new reserve currency that actually
has real
commodity backing. What's that, you say? They are launching one
soon? Oh
well.
From Commodity Online:
The Zimbabwean dollar is no
longer in active use after it was officially
suspended by the government due
to hyperinflation. The United States dollar,
South African rand, Botswanan
pula, Pound sterling, and Euro are now used
instead. The US dollar has been
adopted as the official currency for all
government transactions with the
new power-sharing regime, says Wikipedia.
But the central bank of
Zimbabwe—Reserve Bank of Zimbabwe (RBZ)—believes
that the US dollar is no
longer stable.
According to Dr Gideon Gono, RBZ Chief, the
inflationary effects of
United States’ deficit financing of its budget may
impact foreign countries
and would lead to a resistance of the green back as
a base currency; cited
newzimbabwe.com.
Writing in a blog in New
Zimbabwe, Gilbert Muponda, an entrepreneur
based out of Zimbabwe has
welcomed the proposal of a gold-backed Zimbabwean
currency. He has applauded
the proposal of the central bank governor to sell
diamonds for
gold.
On the other hand, for the country to move to some semblance of a
gold
standard, it may wish to consider shifting form a despotic dictatorship
controlled by Robert Mugabe to something a little less "centrally
planned."
The government’s protectionist measures have kept the
mining companies
at bay. The government wants the foreign miners to sell
controlling stake in
ventures to local blacks, which is obviously frowned up
on by all. The
companies, given the uncertain situation, have refrained from
investing
further in expansion activities in Zimbabwe.
The
country cannot access foreign credit as the ZIDERA Act passed by the
United
States in 2001 blocks US entities from trading with certain
Zimbabwean
institutions and individuals This has forced the US
representatives in
lending agencies like World Bank, IMF, IFC, and ADB to
take a favorable
stance when it comes to Zimbabwean credit requests.
That said, where
there's a will there's a way. And since this story refuses
to go away, it
probably means that Zimbabwe will definitely give it the old
college try.
Once again, the question is not what happens in Zimbabwe, but
elsewhere,
should the experiment prove to be even remotely successful.
http://www.afriquejet.com
News - Africa
news
Zimbabwe-Diamond Institute - The Braitwood Institute of Gemology, a
diamond
cutting and polishing school based in Harare, is set to open two
additional
schools in Bulawayo and Mutare before year-end. Braitwood group
chief
executive officer Mr Bernard Mutanga said the opening of the two
schools was
part of the institute's plans to spread its wings all over the
country and
accommodate more students who want to study diamond cutting and
polishing.
"We opened our learning centre in Harare last year with the
co-operation of
MMCZ and due to the demand of such institutes we have
decided to open other
centres in the two major cities by September," he
said.
"We felt that it is better to equip the youths in Zimbabwe so that
they
learn about the uniqueness of local diamonds and be able to distinguish
them
from those found in other countries. The institute is keen on equipping
youths with skills that they can use to get jobs," he said.
Mr
Mutanga said they were working with the Minerals Marketing Corporation of
Zimbabwe in their training programmes.
According to Mr Mutanga
students who enroll at the institute would be
equipped with diamond cutting
and polishing skills that would maximise gem
quality and value.
"Raw
forms of the gem are less valuable than the finished product and it is
imperative that the country acquires skills to cut a comprehensive
competitive product that would be well received in the market," he
said.
He added that students would also receive diamond-grading skills,
as gems
have to be classified into different grades after they have been
worked on.
Mr Mutanga said there are four factors that affected diamond
value and they
comprised the carat, colour, cut and clarity of the stone and
students need
to be taught the importance of each factor.
"Such
centres are vital to the country's economic growth as they create
employment
while adding value to products. Our aim is to train entrepreneurs
who, after
acquiring their certificates, would go on to establish other
centres and
employ other people.
"For every unpolished carat that is exported, the
country is losing 10 hours
of labour. Once we have trained the youths all
those jobs that we are
exporting to India will benefit our own people," he
related.
Mr Mutanga said in future they expect to have at least five
classes in
Harare of students +/-200 and expanding their enrollment to three
intakes
per year.
The classes are divided into two sections that of
rough diamond cutting
evaluation and diamond cutting and
polishing.
On the whole, it takes three years to complete the course
including
internship.
Hellen Mubvumbi
The Herald/20/05/2011
http://mg.co.za
ALAN MARTIN: BLOOD DIAMONDS May 20 2011
17:31
Why is South Africa enabling corrupt and thuggish elements
of Zimbabwe's
government to benefit from ill-gotten diamond revenues? The
question is
being asked after South Africa snubbed a recent emergency
meeting in Dubai
of the Kimberley Process, the initiative that regulates the
trade in the
world's rough diamonds and ensures they are "conflict
free".
Zimbabwe has since rejected the agreement reached there in
April.
The meeting was called to find a way forward on regularising
diamond
production in Marange in eastern Zimbabwe, where state-sponsored
human
rights abuses and smuggling have been rampant since 2007. Late last
year
legal exports of Marange diamonds were restricted because of a lack of
consensus within the Kimberley Process in measuring Zimbabwe's progress in
meeting agreed benchmarks.
South Africa's absence from Dubai was a
departure from its past role as an
anchor nation of the Kimberley Process,
including having chaired it in 2003.
Its absence was also sharply at odds
with its rebuke of Zanu-PF at the
recent Southern African Development
Community (SADC) summit in Livingstone.
There President Jacob Zuma's tough
position was informed by some hard
truths: Zanu-PF's failure to keep its
side of the global political agreement
that underpins the national unity
government, increasing evidence of Zanu-PF
leading the intimidation and
attacks on the opposition, and a concern shared
with other SADC countries
that, if left unchecked, Zanu-PF's lawlessness
could spill over Zimbabwe's
borders.
Diamonds underlie much of Zanu-PF's misbehaviour. The finance
ministry is
now controlled by the Movement for Democratic Change so Zanu-PF
found a
game-changer in Marange -- it provides riches to a coterie of
military and
political insiders with which they can fund off-budget
activities such as
intimidating political opponents.
Hence the
disconnection in South Africa's diplomatic logic. It criticises
Zanu-PF's
misdeeds but looks the other way when it comes to what fuels much
of that
behaviour.
Perhaps one reason for this is that South Africa's Kimberley
Process
representation has been politicised. South Africa was represented by
civil
servants from the department of international relations until earlier
this
year when they were replaced by Susan Shabangu, the minister of mining.
She
immediately took to parroting her Zimbabwean counterpart, Obert Mpofu.
Both
insist that diamond production in Marange has been deemed compliant
with the
"minimum requirements" of the Kimberley Process and should be given
the
green light for export.
The result has been to confuse South
Africa's message and diminish its
resolve to rein in Zanu-PF -- Zuma's
facilitation team reads them the riot
act, Shabangu offers them a tissue and
sympathetic words of encouragement.
Shabangu's defence of Zanu-PF's
operations in Marange is also a selective
interpretation of the facts. A
Kimberley Process review mission last August
did find evidence of some
progress (notably a drop in state-sponsored
violence against artisanal
miners and improvements in the internal
operations of two South African
companies in joint-venture agreements with
the Zimbabwe government) but it
was far from a clean bill of health.
CONTINUES BELOW
Military
and police involvement in mining syndicates and smuggling remain a
serious
problem. The compliance of one of the joint ventures, Canadile, was
also
thrown into doubt late last year after it imploded amid allegations of
corruption involving Mpofu and many of the company's directors. Compounding
matters were revelations by Tendai Biti, Zimbabwe's finance minister, that
as much as $300-million in diamond revenues failed to make their way to
government coffers in 2010.
Which brings us back to efforts to
regularise mining activity in Marange.
One Zimbabwean told Partnership
Africa Canada during a recent visit there:
"The poachers are in charge of
the zoo. Unless the Kimberley Process gets
serious with Zim, its reputation
will be destroyed and the entire African
diamond trade will go down the
toilet."
Unlike other examples of rogue behaviour that the Kimberley
Process has
faced, Marange is not just a matter of weak internal controls,
corruption or
even violence in the diamond fields. Ultimately, it is a
political problem
that demands a political answer. In this respect, the
Kimberley Process
should not be the only, or even primary, vehicle to
adjudicate the issue.
South Africa needs to step up its political engagement
with Zimbabwe over
the matter. The parallels between the Kimberley Process
and SADC's long,
frustrated experience with Zanu-PF are instructive. Left to
its own devices
Zanu-PF will stall, obfuscate and do business as
usual.
South Africa and SADC cannot ignore the tight link between
Zanu-PF's
political behaviour and its control of Marange. South Africa
cannot turn a
blind eye to the murky role its citizens are playing in
Marange's joint
ventures and in smuggling. For Zuma, the stakes are high --
failing to
accept these realities will derail his new-found activist policy
on Zimbabwe
before it gets away from the station.
Alan Martin is the
director of research for Partnership Africa Canada, which
undertakes
research and policy dialogue on natural resources, conflict,
governance and
human rights. In 2003 it was co-nominated for the Nobel Peace
Prize for its
work in exposing links between conflict and diamonds in
several African
countries
http://www.swradioafrica.com/
By Tererai
Karimakwenda
20 May, 2011
Church officials at the Vatican have been
strongly criticized for the warm
welcome they extended to Robert Mugabe when
he attended the beatification
service of the late Pope John Paul
II.
Mugabe travelled to Rome for the ceremony on May 1st and was seen on
television being happily welcomed by Vatican clergy. An editorial in the
latest edition of the Southern Cross (a Catholic publication) said;
"Zimbabwe's bishops have been undermined and the faithful have been
scandalized. Now that damage requires correction."
Editor of the
publication, Gunther Simmermacher, defended the Vatican for
allowing Mugabe
to take communion at the ceremony but stressed that the warm
embrace given
to him did undermine bishops in Zimbabwe, whom Mugabe has
repeatedly
attacked.
Simmermarcher wrote that televised images of “the tyrant being
warmly
embraced by a broadly smiling prelate was embarrassing for the
courageous
bishops of Zimbabwe, and to the clergy, religious and laity who
strive for a
peaceful transition to an equitable and accountable
democracy."
The editor has said he was compelled to do something after
receiving
passionate letters from Catholics who were “upset, hurt, confused
and
scandalized” by Mugabe’s Vatican visit and the welcome he
received.
One such letter talked of reading the reports "with such utter
disgust that
my 54 years as a practicing Catholic have been ripped from
within me, and I
do not know what to believe anymore."
Father Nigel
Johnson, based in Zimbabwe, spoke to SW Radio Africa and said;
“For the past
20 years all sorts of people have floated the idea of
ex-communicating
Mugabe”. Ex-communication would mean that Mugabe would no
longer be able to
receive communion or be allowed to be buried in a Catholic
cemetery. But
more importantly it would send a very strong message to Mugabe
that his
actions were considered completely unacceptable.
Officials at the Vatican
are fully aware of the horrific crimes that have
been perpetrated by the
Mugabe regime over the years. Catholic clergy in the
country, including
Father Oskar Wermter and former Matabeleland Archbishop
Pius Ncube have been
outspoken critics of the Mugabe regime. And it was the
Catholic Commission
for Justice and Peace that produced the detailed report
on the Gukurahundi
atrocities of the mid-eighties.
The church’s mandate to welcome all
sinners, including murderers and
dictators, has been defended even by those
who were upset by Mugabe’s visit.
But it is the level of warmth that was
shown to the ZANU PF leader that has
been of great concern. Observers have
said this sends the wrong message to
the dictator.
May 20th, 2011
Six members, all women, were arrested along Khami Road in Bulawayo and detained at Western Commonage police station between 8 and 9pm Wednesday. The women are from Iminyela and Pelandaba suburbs. The members were arrested by police officers who accused them of painting messages on the road. The messages read- ‘power to poor people’ ; ‘no lengthy load shedding’ ; ‘prepaid meters now!’; focus on the electricity crisis in Zimbabwe.
WOZA fear torture of members, 14 members were tortured while in custody in March 2011. This morning, food brought by relatives and lawyers access was denied by Assistant Inspector Purazeni, the officer-in-charge at Western Commonage police station whose officers arrested the six, he is said to have indicated that the orders came from above.
TAKE ACTION
Please help save our activists from torture by calling +263 9 403996 up to 8 speak to Assistant Inspector Purazeni, the officer-in-charge at Western Commonage police station or call the Law and Order Dept on +263 9 72515. Please remind them to conform to international standards of detention and ask them to allow WOZA members to lobby for and power for all to enjoy.
WOZA, a women’s movement identify electricity supply as directly targeting the role of a woman in the home. As a result WOZA have lobbied the Zimbabwe Electricity Transmission and Distribution Company (ZETDC) for close on 5 years to provide an affordable and regular service. A multi faceted protest strategy is used peacefully targeting local and city based company officials.
These arrests follow a 10th May protest to the Bulawayo electricity power station to launched a 6 week ‘Power to Poor People’ Campaign to ‘discipline’ the ZETDC for its daylight robbery to consumers. Members are also continuing to engage suburban office of the power company with consumer deputations to deliver ‘yellow cards’ with their demands. The campaign demands are:
The campaign includes obtaining signatures to a petition dubbed the ‘Anti Abuse of Power’ Petition; completing of a time sheet of power cuts and the delivering of a ‘yellow card’ to the company. WOZA has campaigned for affordable and available electricity since 2006 with its ‘power to the people’ campaigns. In response to a campaign demand the company have just advertise power cut schedules but have indicated that there will be longer cuts as this is winter in Zimbabwe.
By Clifford Chitupa Mashiri, 20/05/11
When SADC leaders eventually
discuss the Zimbabwe crisis sometime in June,
it is hoped they will tackle
the issue of citizenship and nationality
because the new constitution seems
a pipe dream at the moment. For instance,
do SADC leaders know that Mugabe
scorns descendents of foreign nationals as
‘totem-less aliens’ and denies
them the right to vote?
Mugabe told a rally in Bindura in 2000 that
people from Mbare were
totem-less elements of alien origin and accused them
of supporting the
opposition MDC. After the rejection of the new
constitution in the
referendum held in 2000, thousands of displaced farm
labourers were made
destitute if they survived the brutal assaults, rapes
and murders.
Others were forced to leave the country having lost their
citizenship thanks
to Zanu-pf which paradoxically propounds a Pan-African,
liberation ideology.
Ironically some of the people who were once branded
“sell-outs” and
“totem-less aliens” are now singing Zanu-pf’ praises through
Mbare
Chimurenga Choir (Zimbabwe Standard, 29/01/11). Probably that is what
encourages Mugabe to use political blackmail against his
opponents.
However, Mugabe’s insensitive remarks did not go down well
with some people.
For example a reader’s email published by The Zimbabwe
Standard’s Wood
Pecker in 2005 summed the anger:
“I am sure you
recollect a few years ago our President castigating the
urbanites for
supporting the MDC. He used the now infamous term ‘totemless
people from
Mbare’. I was hurt as I am of Mozambican origin. I know my
fellow totemless
people from Zambia and Mozambique were hurt taking into
account the
sacrifices made by them in support of the liberation of
Zimbabwe.
“I
was taken aback when I heard that the President has a nephew called
‘Patrick
Zhuwao’. Zhuwao, by any stretch of imagination, cannot be of
Zimbabwean
origin. I wonder how Patrick Zhuwao felt when the President
insulted all
Zimbabweans of foreign origin” (www. thestandard.co.zw,
Totemless nephews
and dogs of war, 21/02/05).
The marginalisation of farm workers
comprising mainly Malawian, Zambian and
Mozambican immigrants and their
descendents has been well documented for
instance by Blair Rutherford in
Amanda Hammar, Brian Raftopoulos & Stig
Jensen’s Zimbabwe’s Unfinished
Business (2003).
In a review of the book, Dr James Muzondiya says Blair
Rutherford argues for
a different kind of imagination of farm workers and
discourse of citizenship
and nationality which allows their full
incorporation into the post-colonial
nation state and increases their access
to jobs, education, land and other
resources.
SADC leaders are
expected not to marginalise farm workers and the urban poor
of Epworth,
Porta Farm and so on during their deliberations on Zimbabwe’s
future because
they also need a decent future.
Clifford Chitupa Mashiri, Political
Analyst, London,
zimanalysis2009@gmail.com
Email: jag@mango.zw; justiceforagriculture@zol.co.zw
Please
send any material for publication in the Open Letter Forum to
jag@mango.zw with "For Open Letter Forum" in the
subject line.
=================================================
1.
Cathy Buckle - Don't use the lifts
2. Letter from Annette
Croshaw
3. In response to Sarah -
Australia
=================================================
1. Cathy
Buckle - Don't use the lifts
Dear Jag
Walking out in the early
mornings there are two things you can almost
guarantee this winter. One is
the delicate, rosy-pink glow at sunrise,
announced by the voices of scores of
roosters all over the neighbourhood.
The other is the thin blue spirals of
wood smoke that rise from cooking
fires in all directions and fill the dawn
air.
Yet again winter has bought gruelling power cuts back to Zimbabwe
making
marathons out of the smallest of chores. It's always the Mum's that
carry
the heaviest burden and you don't have to go far to see the proof.
Looking
out of a small prefabricated wooden cabin I caught a glimpse of a
young
teenage girl and her Mum one morning this week. It was a cold morning
and a
thick blanket of white mist was lying in the nearby vlei and across
the
grassland, waiting to be dissolved by the sun. Through the open door of
the
cabin I could see that the place was full of smoke and Mum was bending
into
the flames stirring the contents of a pot. The door and walls of the
cabin
were covered in black soot and the girl emerged from the smoke to pick
up a
few branches of firewood that were stacked in a pile outside. It was
a
little after six in the morning but already the girl was dressed for
school,
a bright green uniform, brown shoes and a thin green jersey.
After
breakfast, cooked on a smoky little fire eaten in a smoke filled room,
she
would set out on her walk to school and later, when she got home, she
would
undoubtedly have to go and help her Mum collect more firewood and carry
it
home.
Every afternoon lines of women and girls trudge out of the
bush with huge
piles of sticks and branches on their heads, balanced on a
small cloth ring.
It's not from choice they do this but from necessity. From
little wooden
cabins to big brick houses and blocks of high density flats -
all have the
same struggle with cooking food and heating water. Visiting a
friend in an
upmarket Clinic in Harare this week, I noticed a sign stuck onto
the silver
doors of the lift. "Due to erratic power supply, we advise you not
to use
the lifts to avoid the risk of getting stuck."
When a couple of
thousand women in Bulawayo tried to protest to electricity
supplier ZESA ,
they were met with a brutal response from riot police. WOZA
estimated that 40
women, unarmed and singing, were beaten by riot police
when they tried to
present a yellow card (a football warning) to ZESA and
tell them to improve
their services. WOZA were asking for fair load
shedding, an end to 18 power
cuts, transparent billing and pre-paid meters.
' No more luxury cars, we need
transformers ' they said. Undaunted by the
truncheons of police whose wives,
mothers and daughters also go out and
collect firewood and cook over smoky
fires, WOZA have promised to continue
their campaign until their demands are
met. The main one being: "ZERO
service, ZERO bill." A slogan that could as
well apply to any number of
other parastatals and municipal councils around
the country.
Until next time, thanks for reading, love
Cathy
-------------------------------------------------------------------------------
2.
Letter from Annette Croshaw
Dear JAG
I read with great interest
the letters 3 & 4, wishing to express my opinion
as well as expressed by
Sarah! Perhaps you could forward my two pennies
worth to her.
We were
evicted in 2002, when it happened I asked my husband whether we stay
and
fight and risk the possibility of being murdered or do we give up the
fight
and leave. Having three young daughters we decided it was not worth
the risk,
so we decided to leave Zimbabwe, realising that there was no
support or
protection for us from anyone, including the CFU. In fact we left
whilst our
fellow farmers turned their heads, I guess no one knew what to
say or do -
this is probably what happened to most of us....
I know there was an
element of rule and divide at the time and the object of
the exercise was to
let some farmers stay and continue and kick others out
and tell them to go
'back to where you come from'. As a white African you
don't have a home to go
to - except your African home where we were being
chased from..... Over the
years we have heard of farmers who suffered the
same fate as most of us and
decided to leave.
On the social net work site some farmers that were
'lucky' to have stayed
have post beautiful photos of their current bumper
corps for all of us
unfortunate farmers, who were evicted from our beautiful
productive farms,
to see. I questioned this and said it seemed bizarre that
from all the
mayhem we have been through, having lost our businesses and
homes and in
some instances where friends and family have died through the
stress of
being evicted, that these fortunate people are carrying on as if
nothing has
happened! It is so very strange. Further comments to mine, from
other
evicted farmers, were "wow! fantastic to see you are doing so
well,
beautiful crops, good luck with the harvest!!!!" I was gob-smacked!!
Was I
the only one to notice the strangeness of it all and perhaps feel a
little
upset that we have lost everything and will probably be destitute in
our old
age as we have nothing to fall back on?
The remark to my
little comment was 'We kept a low profile!!!!' I cannot
believe it, when the
farm in question was right on the main road for all to
see just outside our
town where we lived! It sticks out like a sore thumb!!!
I thought I was the
only evicted white farmer who is a LITTLE annoyed with
the insensitive photos
of the elite Zimbabwe farmers who are allowed to
continue farming with
absolutely no issues other than electricity cuts!!! -
showing off their
success with their family, smiling happily at the camera.
A couple of
questions:
Am I being stupid and paranoid about this?
Am I only
the third person to have the guts to vent my irritation!
Are we allowed
to vent our opinions or is it also politically incorrect as
it is all over
the world if you are a white European!!!
It is just as hard here in the
UK to earn a living after spending all my
life on the farm in Zimbabwe, I was
the product of the English, Dutch and
Portuguese settlers who sailed to the
Cape of Good Hope (I think they need
to change that name). It is a different
culture, it is a different job, a
total life change as so many of us have had
to face!! Some who left Africa
have not settled very well and are struggling
to block out the past. And
then we see pictures that could have been taken
10/15 years ago. We dried
our tears and carry on the best we can but please,
a message for those still
doing well on their farms, do not rub salt into the
wounds of our
unfortunate past.
One other thing, I don't, for one
minute apologise for what I have written
and how I feel - I am tired of being
told to be politically correct and mind
what I say. I don't care two hoots
for those who do not like it, and for
those who greased their way into
staying on the farms - it is immoral.
Perhaps they need to be named and
shamed, and I don't think we will be at
all surprised........
FYI. Our
farm is being abandoned by the occupier because he says it is not
a
productive farm. He has been told by his wife to return to the farm
they
bought which she is farming. My husband was one of the best tobacco
farmers
in the country year after year and also a good cattle producer on
that very
farm. I am speaking on his behalf.....
This letter to you is
not necessarily intended for publication, because it
is probably not savoury
to the general public as Kathy Buckle's is. I just
thought I would get on the
'band wagon' and vent my frustration in true
African style but by all means
forward it to Sarah and send her my best
wishes and I hope her and her family
are doing OK in Australia.
Kind regards
Annette
Croshaw
Alias: Dry your tears and get on with
it...............................
-------------------------------------------------------------------------------
3.
In response to Sarah - Australia
It must be pretty nice to have had the
bux to be able to settle in Aus after
losing your farm. What about the poor
ex farmers who couldn't do that
(excluding the main mannas you were talking
about). Some farmers have had
to make a deal with the "new owners" to be
able to feed their families and
send them to school. Not all of us who have
been looted, lost farms and
threatened with death can watch from a safe
distance!! So, have some grace
to those who are less fortunate than you and
have no options! Patronage!
What a joke - it's survival!!
Ex looted,
defarmed and
surviving
-------------------------------------------------------------------------------
4.
Letter from Sarah - Australia
Dear "Ex looted, defarmed and
surviving
Firstly, let me assure you, our family didn't have the 'bux' to
relocate to
Australia. We had to beg and borrow to get here, especially so
on the back
of paying out our workers extortionate severance packages. Our
relocation
to Australia was not a matter of choice but necessity with kids to
educate
and we were fortunate to have the required marketable
skills.
Secondly, no one can severely criticize anyone who makes a plan
to stay on
their own properties where that plan is confined to a deal
exclusive to that
property. But, where such deals extend beyond the
boundaries of one's
property and displaced neighbours rights are infringed,
this is another
matter altogether and not only immoral but also illegal,
especially in the
light of those farmers not having been compensated a cent
for their life's
work.
The real issue here though is, where people in
leadership positions in
farming organizations have through paying homage to
and through patronage
from the regime, feathered their nests and expanded
their farming operations
at the expense of those who have been sacrificed and
lost their properties
in the process. This is a MAJOR issue for those of us
who have been
displaced and rendered destitute.
I sincerely hope that
the President of the CFU comprehensively addresses the
numerous issues that
arise out of "Cautious and Conservatives" excellent
letter that raised
similar concerns to mine, but dealt with them
more
eloquently.
Sarah
Australia
-------------------------------------------------------------------------------
5.
Letter from Roland Klug
Dear Jag
I was farming in the Headlands
area.
I remember the CFU coming to a farmers meeting and telling us we
had to form
a farm identification committee for the government to acquire
farms. It has
been troubling me, we as farmers were supposedly paying the
CFU's bills but
they wanted us to point out farmers who should lose their
homes and
businesses. Why didn't the CFU ask us to rather form farm
protection
committees? Let the government identify the farms and let the
farm
protection committees fight in our corner. I was unhappy about
them.
I believe since then there are ex- farmers like me who have a deep
mistrust
of the CFU. Now with the stories of ex and current members of CFU
still
farming I believe now is the time ALL who are paying subs etc to the
CFU
should stop. CFU is behaving no better then the Zanu-pf
government.
How is the CFU managing to stay afloat? Who is funding them?
I know I am not
and I never will again!! I ask myself this, was CFU ever on
the farmers
side? I don't like what my answer is. What other organisation
doesn't
support the very people who pay their bills, unless the bills were
been paid
by an outside source.
When the elections used to come and if
ever a minister said anything about
the farmers supporting the opposition the
CFU always gave answers that we as
farmers were supporting Zanu even when
Zanu said they will be taking the
farmers!! Why didn't they answer not
supporting Zanu because of Zanu's land
policy?
Sorry for my
rant
Regards
Roland
Klug
====================================================
All
letters published on the Open Letter Forum are the views and opinions
of the
submitters, and do not represent the official viewpoint of Justice
for
Agriculture.
May 20, 2011, 10:50 am
Is it too much to hope that Zanu PF – locked into
the past as its leader and
its members are – can learn anything from events
in other parts of the
world?
Acknowledging the bloody history between
their two countries on her historic
visit to Ireland this week, Queen
Elizabeth 11 said we should “bow to the
past but not be bound by it”, adding
that Ireland’s example gives hope to
other peace makers around the world.”
In an eight minute speech, the Queen,
herself an octogenarian, showed that
it is possible despite advancing years
to move away from the past and to
understand, with head and heart, present
realities. Without denying the pain
and suffering for both sides of the past
conflict, the Queen’s speech was a
model of restraint and sincere humility
and for that she received a standing
ovation from the gathering of Irish
dignitaries. From her very first words
in Gaelic addressed directly to the
Irish Head of State, President Mary
McAleese, the Queen demonstrated that
she is indeed a peacemaker. “There
were things we could have done better and
things which with historical
hindsight we might not have done at all.” After
her speech, the Irish papers
and even the Sinn Fein leader, Gerry Adams who
was opposed to the royal
visit, had warm praise for her sincerity and open-
heartedness.
The
comparison between Queen Elizabeth and Robert Mugabe is not intended to
convey the notion that - though he may think otherwise – the Zimbabwean
President is a royal personage entitled to an inherited royal prerogative.
As Morgan Tsvangirai remarked this week, Zanu PF does not have the ‘divine
right’ to rule Zimbabwe. I am no royalist myself but the Queen’s speech in
Dublin was everything one hopes Mugabe will one day bring himself to admit:
that the past is just that, past, and old enmities must be forgiven and
forgotten in the light of the new realities of a Government of National
Unity where, one hopes, the national good comes before narrow party
interests. Sadly, despite his apparent admiration for the British royal
family, there are no signs that Mugabe is about to embark on the path of
peace and reconciliation even though he has sent his emissaries around
Africa to convince fellow leaders that all is peace and stability in
Zimbabwe. Mugabe’s party has apparently sponsored a group of young Zanu PF
‘heavies’ to lobby the SADC Summit. Their stated intention is to disrupt
proceedings if the Summit attempts to discuss the situation in Zimbabwe and
in particular the land question. That may explain why fresh farm invasions
are going on even now. And in Bulawayo, a group of Zanu PF youths have once
again invaded and taken over a block of flats owned by an Indian family.
“Zimbabwe is for Zimbabweans” the group told the Indian family. How many
times have we heard that in the past decade from Mugabe himself and his
fanatical followers? Strange how in Zanu PF’s racist ideology, a brown skin
or a white skin disqualify one from being Zimbabwean while oriental
colouring is perfectly acceptable – especially if it comes with very large
sums of cash. The Chinese are financing a new military intelligence HQ in
the Mazowe Valley at a cost of $ 98million we hear. Rumour or truth, no one
knows. With Zanu PF’s stranglehold on the media, it’s hard to differentiate.
Did Mugabe collapse on Tuesday evening, for instance, and was he revived by
his medical team? Is he being given regular injections of adrenalin just to
keep him alive? Or are these just stories dreamt up by journalists desperate
for news? One inevitable result of a media clampdown is the proliferation of
wildly exaggerated stories.
This Friday morning brings the news that
President Zuma will not attend the
SADC Summit in Namibia and Zimbabwe will
therefore be off the agenda.
Meanwhile Mugabe continues to insist that he
will hold elections this year
using the combination of an utterly
discredited Voters Roll and pre and
post-election violence that we saw in
2008. Yesterday saw CNN journalists
arrested in Harare for filming in the
city and Woza women arrested in Byo
and detained for demonstrating about
power shortages. Nothing changes or
will change in Zimbabwe while Robert
Mugabe and his Zanu PF continue to
reign.
Yours in the (continuing)
struggle PH.
CONSTITUTION WATCH
CONTENT SERIES 5/2011
[19th May
2011]
Executive Powers Part
IV
Introduction
In Part I of
this series of Constitution Watches on Executive Powers, we set out the powers
that can be exercised by the Executive and explained the need to restrain those
powers. In Part II we dealt with restraints that can and should be imposed on
the nature and extent of the powers. In Part III we dealt with restraints that
can and should be imposed on the persons who exercise them. In this Part we
shall go on to examine the restraints on the manner in which the powers are
exercised.
Restraints on the way in which Executive
powers are exercised
Although
section 31H of the present Constitution states that the President has a duty to
uphold the Constitution and the law, the Constitution does not develop this by
specifying how the President should exercise his powers. Section 31K, indeed,
provides that courts cannot enquire into the way in which the President has
exercised his discretion, nor can they enquire into whether any advice was given
to him. The new constitution
should not contain a provision like section 31K. Executive decisions of Ministers, on the
other hand, are generally subject to review by the courts and may be set aside
if they contravene a statute or are grossly unreasonable or if the processes by
which they have been arrived at are illegal or unfair.
Section
18(1a), which was inserted in the Constitution by Amendment No. 19, goes a
little further by stating that “Every public officer [a term which includes
the President and Ministers] has a duty towards every person in Zimbabwe to
exercise his or her functions … in accordance with the law and to observe and
uphold the rule of law.” This provision not only requires all public
officers to observe the law, but seems to give all Zimbabweans a right to take
legal action to ensure that they do so.
The new
constitution should develop the idea behind section 18(1a) by specifying
measures to ensure that all public officers observe the section and through
which Zimbabweans can enforce their rights under the section. These could
include the following (the first two are taken from the Law Society’s model
constitution):
· A provision should be inserted in the
Declaration of Rights guaranteeing Zimbabweans the right to administrative
justice, including the right to be given reasons for all decisions affecting
them, and requiring Parliament to enact a law that allows judicial review of all
administrative decisions, including those made by the
President.
· The mechanisms for enforcing the
Declaration of Rights should be strengthened, by specifying that all courts (not
just the Supreme Court or the Constitutional Court) may issue orders protecting
fundamental rights and freedoms and extending the classes of people who may
apply for such orders to cover associations acting in the interests of their
members and people acting in the public interest.
· Decisions of all public bodies, including
the Cabinet, and parastatals should be published subject to safeguards to
protect national security. If public officers know their decisions will be
published they may take more care to ensure that the decisions are
lawful.
· Parliamentary control over public
expenditure should be strengthened:
· All Government expenditure and revenue should
be subject to scrutiny by the Public Accounts Committee of Parliament and should
be audited by the Comptroller and Auditor-General. At present some funds of the
President’s Office are not scrutinised or audited. Such lack of accountability
encourages unlawfulness.
· Government officials who delay submitting
their accounts to the Public Accounts Committee or who are responsible for
over-expenditure by their Ministries should be subject to automatic disciplinary
action and possible dismissal.
· Parliament’s power to impeach members of
the Executive should be extended. Under sections 29 and 31F of the present
Constitution it requires a two-thirds majority of both the Senate and the House
of Assembly to impeach the President or to pass a vote of no confidence in the
Government. The new constitution should allow Parliament, by a simple majority,
to pass a vote of no confidence in individual Ministers and require the
President or Prime Minister to replace the Minister concerned if such a vote is
passed. The new constitution should also reduce the majority needed for a vote
of no confidence in the Government — a government that can no longer command a
majority in Parliament should not remain in office.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied
CONSTITUTION WATCH
CONTENT SERIES 4/2011
[19th May
2011]
Executive Powers Part
III
Introduction
In Part I of
this Constitution Watch we set out the powers that can be exercised by the
Executive and explained the need for restraints to be imposed on those powers;
in Part II we dealt with restrictions on the nature and extent of those powers.
In this Part we shall examine the restraints on those powers that may be
directed specifically at the persons who constitute the
Executive.
Restraints on the Persons who constitute
the Executive
1.
Elections
Regular, free and fair elections make
President and Ministers accountable to the electorate and constitute the most
important check on their conduct. Politicians who know that within five years
or less they will have to account to the people for what they have done will
tend to moderate their excesses. Elections are an essential component of
democracy and that is why section 23A of our Constitution, taken from the South
African constitution, makes the right to participate in free, fair and regular
elections a fundamental human right. Nevertheless, elections are not in
themselves an adequate safeguard against dictatorship, the perpetuation of a
political elite or corruption:
· Electoral procedures are easily
manipulated. Voters’ rolls, for example, can be filled with the names of
fictitious or deceased people so as to facilitate vote-rigging. State resources
can be used to ensure the return of a incumbent President and ruling
party.
· For an election to be free and fair, the
political atmosphere must be conducive to participatory democracy. Hence there
must be freedom of conscience, so that people are not persecuted for their
beliefs; there must also be freedom of speech and freedom of association,
sufficient to allow opposing views to be given a full hearing and for opposition
parties to flourish. To the extent that the law restricts these freedoms (for
example, to prevent defamation, obstruction of the streets and armed
insurrection) the law must be moderate and clear so that everyone knows
precisely what they can and cannot do. In brief, there must be tolerance for
the views and attitudes of other people, and an acceptance that the incumbent
President and party can lose an election and opposition candidates can be
returned and take over the reins of government.
In the absence
of a tolerant political atmosphere, elections will do little to curb the
excesses of the Executive.
2.
Term-limits
Restricting the number of times a person
may hold a particular post is another important check on the exercise of
Executive power, and this has been recognised since the days of ancient Rome.
If politicians know that their time in office will come to an end within a
relatively short period, they are more likely to moderate their conduct so as to
avoid retribution when they cease to hold office.
Because term-limits are so effective in
curbing one-man rule, rulers have frequently tried to abolish them. In the SADC
region, Zambia’s President Chiluba tried unsuccessfully to abolish presidential
term-limits in 2001, while President Museveni of Uganda succeeded in having the
constitutional limits to his term of office removed before the 2006
elections.
To be truly effective, therefore,
term-limits must be firmly entrenched in the Constitution. [It should be
noted that, strictly speaking, term-limits are undemocratic in that they prevent
voters from re-electing a person whom they wish to continue in office. While
this may be true, the beneficial effects of term-limits in preventing permanent
one-man rule and moderating the conduct of rulers while they are in power far
outweigh any technical quibbles about their democratic
nature.]
3. Diffusing Executive
power
Many of Zimbabwe’s problems have stemmed
from the concentration of Executive power in the hands of one person. Although
section 31H(5) of the Constitution requires the President to carry out most of
his functions in accordance with the advice of a Cabinet of Ministers (and,
since the inception of the Inclusive Government, in some cases with the consent
of the Prime Minister) in practice he has tended to make most decisions
himself. Some of the reasons for this are:
· The President appoints Cabinet Ministers,
and he does so without having to take advice from anyone (though under the GPA
Ministers appointed from the two formations of the MDC are nominated by those
formations). Ministers therefore owe their appointment and political futures to
the President and are naturally reluctant to cross him.
· By virtue of a dubious convention,
Cabinet’s advice is officially conveyed to the President through documents that
are signed by only two Ministers, and the advice is presumed to be that of the
Cabinet. There seem to be no safeguards to ensure that the documents do indeed
reflect the decision of the whole Cabinet, nor is there provision for the
Cabinet to ratify advice given in the documents. As a result, it is possible
for the President to by-pass his Cabinet.
· The President heads a former liberation
movement with a limited tolerance for internal dissent. Power within the party
is wielded by the President and a circle of close associates chosen by himself.
Ministers who are appointed from such a party are unlikely to risk their careers
by resisting the President’s ideas.
A new constitution must try to diffuse
Executive power by requiring Executive decisions to be taken collectively rather
than by a single individual. Some ways in which this might be done are the
following:
1.
Increasing the powers of the Cabinet: This can be done by reducing the
President’s ability to act unilaterally, i.e. by reducing the number of
decisions that the President can make on his own initiative. For example, the
power to dissolve or prorogue Parliament, if it is to be vested in the Executive
at all, should not be given to the President alone. He should have to do so on
the recommendation of Cabinet. Parliament should be elected for a fixed term,
as in the United States, and should be able to fix its own sitting periods
during that term.
2. Ensuring
that Cabinet decisions are really made by the Cabinet: The convention
mentioned above, whereby Cabinet decisions are conveyed to the President by
documents signed by two Ministers, should be scrapped. A transparent procedure
should be evolved for transmitting Cabinet’s decisions to the President, and for
reporting back to Cabinet how and when the decisions were transmitted to the
President and the action he has taken on them. The new constitution should
forbid the President from acting without the authority of the full Cabinet. If
the Cabinet is to be allowed to delegate its advisory function to any of its
individual members, the circumstances in which it may do so should be spelled
out in the Constitution and any such delegation should be reported to
Parliament.
3. The size
of the Cabinet should be limited by the Constitution: It may seem
paradoxical to suggest reducing the size of the Cabinet in order to make
Executive decisions more collective, but if the Cabinet were reduced to, say,
ten members it would be a more efficient decision-making body than Zimbabwe’s
present large unwieldy Cabinet. A smaller Cabinet would be able to reach
decisions promptly and ensure that its decisions were carried out; in brief, it
would be more businesslike. It would not be easy for the President to
circumvent such a Cabinet. It would also be less easy for the President to
establish a “kitchen cabinet” or “inner cabinet” of a few trusted Ministers and
advisers, to make decisions which should properly be made by the full
Cabinet.
4.
Executive powers should be divided between different people: Rather than
vesting all Executive power in one person, even if that person has to act on the
advice of a body such as the Cabinet, it would be better to divide Executive
powers between, say, a President and a Prime Minister. This, at least
nominally, is the position in Zimbabwe under the GPA but the division of powers
is so vaguely expressed as to be meaningless (the GPA simply says that both the
President and the Prime Minister “exercise executive authority”). Creating two
or more centres of Executive power would prevent a concentration of power in the
hands of one person. The French Constitution, for example, divides power
between the President of the Republic and the Prime Minister. There are at
least two ways in which this could be done in Zimbabwe:
· The President could be given limited powers
to be exercised on his or her own initiative, for example the power to dissolve
Parliament, call a general election and choose a Prime Minister. The other
functions, for example the selection of Ministers and the right to preside over
Cabinet meetings, would be conferred on the Prime
Minister.
· Responsibility for the Defence Forces and
the Police could be given to an independent Defence Service Commission and
Police Service Commission established by the constitution.
3.
Subordinating the Executive to the Legislature
In the original Lancaster House
constitution, Executive power was vested in the Prime Minister, who was a member
of the House of Assembly chosen by the President as the person best able to
command a majority in the House — usually the leader of the majority party in
the House. The President himself was elected by Parliament. This arrangement
went some way to ensure that the Executive was answerable to Parliament because
neither President nor Prime Minister had an independent mandate from the
people.
The South African constitution has a
variant of this idea. The State President, who is an executive President, is
elected by Parliament so he too does not have an independent mandate from the
people.
Both these arrangements give Parliament, at
least nominally, the ability to rein in the Executive, but they need to be
backed up by further procedures (such as impeachment against individual members
of the executive and votes of no confidence in the Government) if Parliament is
to be truly able to curb Executive power.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied
BILL WATCH
PARLIAMENTARY COMMITTEE SERIES
[20th May 2011]
No Parliamentary Committee Meetings 23rd to 27th May
The
current
suspension of ordinary House of Assembly portfolio
committee and Senate thematic committee meetings will continue from
Monday 23rd to Friday 27th May. Veritas will notify the resumption of meetings when the
suspension is lifted.
Public
Hearings
The
suspension does not apply to public hearings approved before the commencement of
the suspension. This includes the series of five public hearings on social
protection programmes being held by the Thematic Committee on MDGs from 20th to
23rd May, as follows:
Friday 20th May: Rushinga
Rushinga District Administrator’s Office: 9.30
am
Saturday 21st May: Bubi
Inyati Council Hall: 2.30 pm
Sunday 22nd May: Masvingo [two hearings]
Mucheke Hall: 10.30 am
Nyika Growth Point (Council Offices): 2.30 pm
Monday 23rd May: Mutasa
Mutasa District Council – District Administrator’s Office: 9
am
[For details see Bill Watch Parliamentary Committee Series [Public
Hearings on Social Protection Programmes] of 19th
May.]
Any
further public hearings to be held by committees will be notified in separate
bulletins as soon as Veritas has the necessary details. Confirmation is awaited
of a possible public hearing by the Education Portfolio Committee into the
impact of teachers’ incentives on the education system, pencilled in
for Thursday 26th May at Parliament in Harare.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied.