http://www.dailynews.co.zw/
By Thelma Chikwanha, Staff Writer
Monday, 23 May 2011
09:32
HARARE - President Robert Mugabe has intensified his fight
against an
emerging consensus among Sadc leaders for him to go, by among
other tactics,
trying to sideline and remove no-nonsense facilitator
President Jacob Zuma.
Well-placed Sadc sources told the Daily News
yesterday that Mugabe had now
identified Zuma as his biggest
problem.
This was because the South African president was “unshakeable in
his
impartiality and determination” to see an election roadmap in Zimbabwe
that
would usher in a credible election next year or in 2013, that would be
devoid of violence and rigging as happened in the disputed 2008 presidential
election runoff.
The sources also said their own intelligence had
established that Mugabe and
his Zanu PF party were pushing for Zuma’s
isolation because they were aware
that they could not win a fair
election.
To that extent, Mugabe and his Zanu PF viewed Zuma’s drive for
a mutually
agreed roadmap within the Global Political Agreement (GPA)
context as an
attack on Mugabe and the former ruling party.
Mugabe
last week made two remarkable moves. Firstly, the 87-year-old – who
has been
to the Far East for medical reasons five times since December –
effectively
declared himself fit to rule for life.
He then unsuccessfully attempted
to foist his agenda for an early election
at Friday’s Sadc summit in Namibia
that Zuma did not attend.
Sadc firmly rebuffed the bid.
“We are
totally against the idea of a new election roadmap as it means
re-negotiating the Global Political Agreement instead of implementing it,”
read Zanu PF’s position paper that was circulated in Windhoek.
Mugabe
had, through the position paper, tried to take advantage of Zuma’s
absence
to overturn resolutions of the Sadc troika on politics, defence and
security
which called for an end to violence, the full implementation of the
GPA and
elections only after the roadmap has been completed.
But one of the top
Sadc officials who spoke to the Daily News yesterday said
Mugabe’s attempts
to attack and weaken Zuma and his facilitation team was
“backfiring
badly”.
Among other “ill-considered moves” by Zanu PF, the former ruling
party had
written to Zuma demanding the removal of Ambassador Lindiwe Zulu
from the
facilitation team, “alleging rather ridiculously” that she was
biased
against Zanu PF.
The Sadc insider said this move was being
interpreted by the region as a
very direct way by Mugabe and his party of
asking Zuma to step aside from
his facilitation work.
“This is
surprising because Mugabe is literally biting the hand that feeds
him. What
future is there for Mugabe, Zanu PF and Zimbabwe without South
Africa’s
immense sacrifice for its neighbour. Without Zuma and the GPA that
he has
kept together at great cost to him personally and his country, Mugabe
would
not be president anyway.
“Nevertheless, Mugabe is wasting time because
Sadc is sick and tired of his
machinations. He wants to trick us into
believing that President Zuma is
biased but it’s far from it.
“We are
aware that Zuma’s frankness has rattled Mugabe and that is why he
brought in
his position paper which was ignored. Now they are spreading
propaganda that
it is Mugabe who said Zimbabwe must be discussed in the
presence of
President Zuma and other political players,” the official said.
Another
official said part of the war against Zuma had resulted in Mugabe
and Zanu
PF gunning for the South African president’s focal person,
Ambassador
Zulu.
Zulu is not just a key member of Zuma’s facilitation team, she is
also his
international relations adviser.
She is on record stating
that it is impossible to hold elections this year
because of the slow
progress in implementing GPA reforms such as a new
constitution.
The
State-controlled Sunday Mail, which rarely touches on sensitive
political
issues without direct instruction from Mugabe’s press office
yesterday,
reported that Zanu PF had formally lodged a complaint to South
Africa about
Zulu.
The former ruling party is holding Zulu responsible for recent
comments made
by Zuma’s African National Congress (ANC), raising fears that
Mugabe’s
potential death could spark chaos because of unresolved succession
issues in
the party.
“Negotiators are also concerned about the
succession law should Mugabe die
or retire before the adoption of a new
constitution, which is still being
negotiated,” read the ANC comment that
Zanu PF now seeks to conveniently use
against Zulu and the whole
facilitation team.
However, the ANC never attributed the comments to Zulu
– raising the
question of why Zanu PF has sought to vilify her
thus.
In the meantime, Mugabe insists he is staying put. He recently
sent envoys
to regional countries to drill this message through and to court
support
from his regional peers.
In an interview with the Southern
Times, Mugabe said there was no need to
prolong elections. He also said that
demands for security sector reforms by
Sadc, other political players and
civil society were without basis.
Justice Minister Patrick Chinamasa, who
leads Zanu PF’s GPA negotiating
team, confirmed that Mugabe wanted to stay
in power despite his advanced age
and waning public support.
“And as
far as Zanu PF is concerned, even at his age we know that he
commands
majority support among Zimbabweans,” Chinamasa told The Windhoek
Times in a
separate interview.
By Alex
Bell
23 May 2011
The Southern African Development Community (SADC) has made the potentially devastating decision to dissolve the regional human rights court, for at least another year.
The Tribunal has already been suspended for more than six months, after SADC leaders last year decided to review the mandate and functions of the court. This was the result of Zimbabwe’s refusal to honour the Tribunal’s 2008 rulings on the land grab campaign, which the court said was unlawful. But in a clear sign of allegiance to Robert Mugabe, SADC leaders suspended the Tribunal, rather than force Zimbabwe to abide by the rulings.
The review, sanctioned by SADC, has been concluded, and an independent report on its role and functions was presented to SADC leaders at the Summit in Namibia last week. But despite this review upholding the court’s rulings on Zimbabwe, and also reasserting the court’s jurisdiction in the region, SADC leaders have still refused to fully reinstate it. Instead, they have given its Council of Justice Ministers and Attorney Generals at least another 12 months to review the court, again.
The Tribunal was set up as an impendent legal body that would provide SADC citizens with a platform to seek justice, when all other legal avenues in their own countries had been exhausted. Critically, the court is supposed to give SADC citizens the chance to hold their own governments to account, when their human rights are infringed upon.
The decision to dissolve the court is now being described as ‘devastating’, ‘regressive’, and a clear sign that SADC does not have the rights of its hundreds of millions of citizens at heart.
The Southern African Litigation Centre has called the decision an act of sabotage that could have a “devastating impact on human rights and peoples’ ability to access justice.” The group said that SADC leaders have now shown where their loyalties lie, because they would rather protect Robert Mugabe than protect human rights or the rule of law.
The group’s Lloyd Kuveya told SW Radio Africa on Monday that SADC leaders have “dealt a potentially fatal blow to the rule of law across the region.”
“This decision is a violation of the independence of the court, a violation of the rights of SADC citizens to access to legal recourse. SADC citizens will now not be able to seek relief if their rights are infringed in their countries,” Kuveya said.
He continued saying that the loyalty to Mugabe that is being put on display is a sign of the “shocking lack of leadership in the region.”
“Instead of sanctioning Zimbabwe, SADC leaders have imposed legal sanctions on all of its citizens, preventing them from seeking legitimate legal redress at a regional level,” Kuveya said.
Further proving where SADC’s loyalties lie were comments by the regional bloc’s Executive Secretary, Tomaz Salomão, who said that the media and the general public would have no access to the details of the Tribunal’s expected restructure. SADC’s Justice Ministers are thought to have recommended amendments that will protect member states from cases brought against them by their citizens.
But Salomão told
journalists that neither the media nor SADC citizens needed to know what the
ministers had said about the fate of the Tribunal.
Listen to interview with
Lloyd Kuveya from Southern Africa Litigation Centre
http://www.swradioafrica.com
By Alex
Bell
23 May 2011
Zimbabwe civil society groups have slammed last
week’s harassment and
intimidation of activists at the regional leaders
Summit in Namibia, which
resulted in the prolonged detention and
interrogation of key figures.
The civil society groups, including
representatives from the Crisis in
Zimbabwe Coalition, traveled to Namibia
to lobby SADC leaders and pressure
them to lay out a clear plan for
democratic change in Zimbabwe. But their
efforts were quickly thwarted by
Namibia security officers and members of
Zimbabwe’s CIO, who led a crackdown
on the activists.
First to be targeted were about ten activists,
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.
The state
security agents also briefly detained Jelousy Mawarire for taking
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 Zimbabwe Lawyers for
Human Rights (ZLHR) head, Irene
Petras, Joy Mabenge from the Institute for a
Democratic Alternative for
Zimbabwe, Lloyd Kuveya of the Southern Africa
Litigation Centre, and
Makanatsa Makonese of the SADC Lawyers Association.
The four were
force-marched into the hotel’s parking area by two armed
Namibian police who
took them to the local Chief Inspector. They were then
interrogated
separately by Zimbabwe’s state security agents.
The
Crisis Coalition's Mavhinga told SW Radio Africa on Monday that the
activists were only allowed to leave well after the SADC summit had ended on
Friday night. He explained how Zimbabwe’s state security agents were
directing Namibian police to individually target activists who were calling
for real democratic change in Zimbabwe.
“We condemn, in the strongest
possible terms the treatment of the activists
at the Summit. Clearly Namibia
is not committed to human rights, and they
are putting their relationship
with ZANU PF before the rights of SADC
citizens,” Mavhinga
said.
Meanwhile the ZLHR said it “strongly condemns this despicable
conduct.”
“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,” the group said in a statement.
HRD’s
Alert
23 May 2011
Police on Monday 23 May 2011 arrested two Zimbabwe Human Rights
Association (ZimRights) employees for allegedly convening a workshop
to
conscientise villagers about torture and its effects in Tsholotsho, Matabeleland
North province.
Police intercepted and arrested Florence Ndlovu, the ZimRights regional
coordinator for Matabeleland province and Walter Dube, the organisation’s
paralegal officer for Matabeleland, Midlands and Masvingo provinces who were
coming from Tshino Business Centre in Tsholotsho District, where the police had
earlier on disrupted a torture workshop which was scheduled to be held on Monday
23 May 2011.
The
police detained the two ZimRights employees at Nyamandlovu Police Station and
denied Zimbabwe Lawyers for Human Rights (ZLHR) member lawyers Charles Moyo of Moyo and Nyoni Legal
Practitioners and Jonathan
Tsvangirai of Danziger and Partners Legal Practitioners access to their clients
after mounting a rapid response to their arrest. The police denied detaining
Ndlovu and Dube and claimed that the two ZimRights employees had been taken to
Sipepa Business Centre despite evidence of their detention through the presence
of their vehicle which was parked at the police station.
By Monday night, the lawyers were working on filing a habeas corpus petition to challenge the
detention of the two ZimRights employees.
The
police action in disrupting the ZimRights workshop is in defiance of a court
order which was issued on Friday 20 May by Bulawayo
Magistrate
Ntombizodwa
Mazhandu
who interdicted some law
enforcement
agents from prohibiting the organisation from conducting the torture workshop in
Matabeleland
North
province.
ZimRights
was forced to engage the services of Zimbabwe Lawyers for Human Rights (ZLHR)
after the Officer Commanding Tsholotsho District in Matabeleland North banned
the grassroots human rights organisation from holding the workshop after
claiming that “the subject of torture is not in line with Zimbabwean
culture”.
Magistrate
Mazhandu interdicted the police from disturbing or interfering in any way with
the ZimRights workshop and ordered the rights organisation to proceed with the
workshop as scheduled and promote its right to freedom of association and
assembly as set out in Section 21 of the constitution and the right to freedom
of expression as guaranteed under Section 20 of the Constitution.
Meanwhile, Bulawayo Magistrate Gideon Ruwetsa on Monday 23 May 2011
granted bail to six members of Women of Zimbabwe Arise (WOZA) who were arrested
last week and charged with malicious damage to
property.
The six WOZA members namely Teresia Phiri, Janet Dube, Juliet Nyathi, Thobekile Ncube, Sibekezele Nkomo, and Loyce Ndlovu were charged with
contravening Section 140 of Criminal Law (Codification and Reform Act) Chapter
9:23, for malicious damage to property.
Zimbabwe
Lawyers for Human Rights (ZLHR) member lawyers Kossan Ncube of Kossam Ncube and
Partners and Godfrey Nyoni of Moyo
and Nyoni Legal Practitioners represented the WOZA members.
The
six WOZA members were ordered to pay $100 bail and to report once a fortnight to
the police. They were also ordered to surrender their travel documents and to
continue residing at their given residential addresses and not to interfere with
State witnesses.
http://www.swradioafrica.com/
By Lance Guma
23 May
2011
Lindiwe Zulu, international relations adviser to President Jacob
Zuma, has
shot down allegations from ZANU PF that she expressed concern over
how
Mugabe’s failing health and potential death could compromise efforts to
resolve the political crisis.
Zulu is leading a team of facilitators
from South Africa, including veteran
African National Congress leaders Mac
Maharaj and Charles Nqakula. The trio
were appointed by Zuma to get
Zimbabwe’s three political parties to agree on
an election roadmap, while
fully implementing a 2008 power sharing deal.
A recent comment published
by the ANC said; ‘Negotiators are also concerned
about the succession law,
should Mugabe die or retire before the adoption of
a new constitution, which
is still being negotiated.”
Even though the ANC never attributed the
remarks to Zulu ZANU PF, through
the state run Sunday Mail newspaper,
launched a scathing attack blaming her
for the remarks. It quoted a party
official saying the remarks were
“tactless, inflammatory and an
irresponsible display of poor judgment by an
overzealous
individual.”
On Monday SW Radio Africa spoke to Lindiwe Zulu and she
challenged ZANU PF
to produce evidence of her having made the remarks. “Let
them produce those
remarks,” she said.
Political commentator Pedzisai
Ruhanya told us; “These are the usual tactics
by ZANU PF and its
intelligence department, the CIO, to disrupt the good
work that Zuma and his
adviser Lindiwe Zulu are doing in trying to resolve
the Zimbabwe crisis
impartially.” He said they wanted to drag Zulu’s name
into the mud and
“create some kind of crisis.”
Ruhanya said it was clear ZANU PF are not
happy with the more “robust”
approach to the negotiations and they were now
aiming to have Zuma removed
as the chief mediator and be replaced by someone
they feel will play to
their tune.
There is a growing belief Jacob
Zuma has toughened his attitude towards
Mugabe in recent months and the ZANU
PF leader is reported to have privately
told aides the South African leader
was now a threat that needed to be dealt
with. The ZANU PF strategy
allegedly includes isolating Zuma within the SADC
region by calling into
question his mediation effort. The attack on Zulu is
seen as the first step
towards this.
It’s being reported that ZANU PF have already asked Zuma to
remove Zulu from
the facilitation team.
At the end of March the SADC
Troika summit in Zambia called for an end to
violence and intimidation in
Zimbabwe, much to the annoyance of ZANU PF and
Mugabe. Again the state owned
media was used to launch attacks on Zuma’s
presidency and Mugabe accused the
SADC grouping of trying to interfere in
Zimbabwe’s internal affairs.
http://www.swradioafrica.com
by Irene Madongo
23 May
2011
A political analyst has said that it’s high time Zimbabwe’s troubled
Deputy
Prime Minister, Arthur Mutambara, steps down to save Zimbabwe from
becoming
a laughing stock in the region. This comes after claims that he is
threatening to dismiss two negotiators to the Global Political Agreement
(GPA).
In the run-up to the congress for the smaller faction of the
MDC, in January
this year, Mutambara said he would not be seeking
re-election as president,
This paved the way for Welshman Ncube to take over
in that role. However
soon after Mutambara made a u-turn when he discovered
the party did not want
him to retain the post of Deputy Prime Minister (DPM)
in the coalition
government. A court interdict was then obtained by Ncube’s
MDC to bar
Mutambara from operating as president of the
party.
However Mutambara has managed to keep the DPM post, with the
backing of
Robert Mugabe. He has also been attending GPA meetings in his
capacity as
DPM and principal. Last week a splinter group, which backs
Mutambara and is
led by former national chairman Joubert Mudzumwe, told a
press conference
that Mutambara was now ‘stepping down’ as president of the
party to avoid
contravening the court interdict and Mudzumwe would meanwhile
take over his
duties. Mudzumwe’s group have challenged Ncube’s appointment
as president in
court. This gave the impression that Mutambara would be
quiet for a while.
But this weekend it appeared he was still secretly
fighting in his own
corner, after the Sunday Times of South Africa alleged
that he has now
written a letter to South African President Jacob Zuma,
stating that
Southern African Development Community (SADC) leaders should
not regognise
Ncube because his position was being challenged in the courts.
Zuma is
heading the SADC facilitation team on Zimbabwe.
In the
letter, Mutambara is understood to also have accused Ncube’s MDC GPA
negotiators, Priscilla Misihairabwi-Mushonga and Moses Mzila Ndlovu, of
abusing their posts to settle internal political problems in the party – and
says he will ‘withdraw’ them if they don’t change.
On Monday,
political analyst Professor John Makumbe said Zuma is likley to
rubbish this
letter. “He is likely not to take it seriously at all, because
Arthur is not
an entity, he is a person, an individual. He cannot replace a
party,”
Makumbe said.
“It is unfortunate that he should insist on representing a
party which
elected a new leader, Welshman Ncube, as the president. It is
very
unfortunate, it is the tragedy of African politics,” he
explained.
“The way he is sticking to the DPM position is really
confusing everybody
and doesn’t help the nation. It literally just makes
Zimbabwean politics the
laughing stock of the region.”
Efforts to
reach Mutamabara for a comment were unsuccessful.
http://www.radiovop.com
4 hours 27 minutes ago
HARARE, May 23,
2011- MDC leader Welshman Ncube has again ruled out
prospects of a unity
deal with Morgan Tsvangirai’s faction of the MDC ahead
of future elections
saying differences that divide the two factions are ‘too
deep and strongly
felt.’
Ncube, who was responding to a question on his fan page on the
social
network website Facebook on Tuesday sad he does not believe
Tsvangirai’s MDC
will ever accept unity under equal terms.
“I don’t
believe that there is such a possibility,” he said. “The things
which divide
us are deep and strongly felt.”
He mentioned the issue of violence, politics
of deception, abuse and slander
hardly distinguishable from Zanu PF as some
of the things that made unity
impossible.
“ Notwithstanding all the
differences as a party, we have remained open to
working with them and have
never ruled out anything as borne out by the fact
that in 2008 our national
council endorsed the pact which we had negotiated
and included the agreement
to back Tsvangirai as the sole opposition
candidate, ” Ncube added.
“ But
the MDC national council rejected that pact. I do not believe that
they
would ever accept any re-unification, except that which amounts to
surrender
by our party. ”
Ncube also posted his views on the micro blogging website
Twitter. He said
his party will not be forced into unconditional
surrender.
Last year David Coltart, the secretary for legal affairs in the
MDC hinted
that there were discussions to reunite the two factions which
split in 2005
over differences around the party’s participation in Senate
elections.
Several efforts have been made to reunite the two formations but
they have
all come to nothing.Zimbabweans believe that only a united MDC can
defeat
Zanu (PF) in the elections.
http://www.dailynews.co.zw
By Chengetai Zvauya, Staff Writer
Monday, 23 May 2011
17:28
HARARE - Prime Minister Morgan Tsvangirai’s MDC is keeping an
eye on the
forthcoming Zimbabwe Congress of Trade Union (ZCTU) elections as
the labour
movement seeks a candidate to replace outgoing secretary general,
Wellington
Chibebe.
Front runner in the race and party preference
Lucia Matibenga, an MDC
national executive member and ZCTU vice president,
is tipped to take over
from Chibebe.
The ZCTU congress is set for
17-19 August. The MDC, according to party
sources, is keen to ensure it
retains the support of the country’s labour
federation, where many of its
leaders, including Prime Minister Morgan
Tsvangirai, came
from.
Matibenga has already started campaigning for the post, according
to ZCTU
and MDC sources.
Others are ZCTU president Lovemore Matombo
and incumbent deputy
secretary-general Japhet Moyo.
Matibenga is no
longer eligible to contest for a position in the presidium
because she has
served two terms as vice president, according to the ZCTU
constitution.
This explains her decision to run for the
secretary-general’s post. The
same applies to Matombo hence the move to
seek another portfolio within the
labour movement.
The
secretary-general’s post is a powerful position because the incumbent is
responsible for the day-to-day administration of the
organisation.
Chibebe is set to assume a new post as secretary-general of
the
Brussels-based International Trade Union Confederation immediately after
the
ZCTU congress.
Chibebe took over the post of secretary-general
from Prime-Minister Morgan
Tsvangirai, while Matombo succeeded the late
Gibson Sibanda in 1999 when the
MDC was formed.
Matibenga yesterday
refused to discuss her interest in the job.
“I am not ready to talk about
it. I have no comment to make at the moment
until election time,’’ she
said.
Matibenga is one of several political leaders with roots in the
labour
movement that gave birth to the MDC.
http://www.swradioafrica.com
by Irene Madongo
23 May
2011
MDC-T activists and mourners from a funeral, who are still being
held behind
bars since last week, must be released as they are being held on
trumped-up
charges, says Obert Gutu, the MDC-T’s Secretary for Harare
Province. Gutu
also said some of those being held are unwell, yet they are
being denied
access to their medication.
LastThursday 35 people were
arrested in Warren Park, Harare, at the funeral
of MDC-T activist Jack
Ndeketeya, who died in a car accident last week. The
35 included MDC-T
activists, Ndeketeya’s elderly and ailing father, a pastor
and other
mourners. They were held at Harare Central Police Station and
charged with
assault and theft.
There were also allegations that the mourners provoked
farmers at the
near-by Boka Tobacco Auction Floors after the funeral. The
MDC-T has denied
this, saying they were ambushed by suspected ZANU PF
activists who showed
up, caused trouble and then blamed the
MDC-T.
Over the weekend Ndeketeya’s parents were released. But on Monday,
the MDC-T
said the remaining activists and mourners appeared in court
charged with
theft and assault, with the authorities still refusing to say
who they are
alleged to have robbed. They were remanded in custody and will
appear in
court again on Tuesday.
Gutu said he is concerned about
those still locked up and that their
condition has left him depressed. He
said it was ridiculous to accuse them
of robbing or provoking people in
their state.
“There are some who are on anti-retroviral medication and
they were not
given permission to access their tablets, which I was advised
they had to
take on a daily basis. There was this elderly gentleman, I could
not get his
name, but he was very frail looking,” Gutu explained, “he said
he had a tube
in his stomach or somewhere and he said he was just sick. I
could see for
myself he was not well.”
“This is just the usual ZANU
PF strategy of just trying to victimize MDC
supporters and anyone who is
perceived to be sympathetic to the MDC. It’s
just the abuse of the law, the
judicial system, just to persecute MDC
activists,” Gutu
said.
HRD’s
Alert
23 May 2011
27 mourners including a Pastor, who were arrested and charged with public
violence last week, on Monday 23 May 2011 spent their fifth night in detention
after Mbare Magistrate Reward Kwenda
postponed his ruling on their bail application to Tuesday 24 May
2011.
Pastor Dominic Dziwedziwe
(36) of Kuwadzana, Movement for Democratic Change (MDC) Harare Province
Vice-chairperson Shakespeare Mukoyi
and 25 other mourners appeared in court on Monday 23 May 2011 for their initial
remand, where their lawyers Gift Mtisi of Musendekwa and Mtisi Legal
Practitioners and Tarisai Mutangi of
Donsa-Nkomo and Mutangi Legal Practitioners, who are members of Zimbabwe Lawyers
for Human Rights applied for their admission to
bail.
In his bail application Mtisi argued that his clients
were mourners who were travelling to Kuwadzana high density suburb after burying
their colleague at the graveyard.
But
Magistrate Kwenda postponed the bail hearing to Tuesday 24 May 2011 to allow
State Prosecutor Sidom Chinzete to respond to the bail application after he indicated that he was
not in a position to file some submissions in response to the bail application,
although he indicated that he would oppose
bail.
Chinzete alleged that the 27, Charged with contravening
section 36 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter
9:23 for public violence were arrested on Thursday 19 May 2011 while coming from
burying the body of an MDC activist Jack
Ndeketeya at Granville cemetery, who had passed away early last
week.
He alleged that the mourners alighted from their
vehicles at Boka Tobacco Auction Floors and assaulted some farmers and other
people by throwing stones at them and tore some ZANU PF posters and banners
pasted at the tobacco auction floors.
The prosecutor accused the mourners of throwing stones
at some tobacco farmers who were waiting to sell their tobacco crop at the
auction floors forcing them to flee for safety while leaving their goods at a
flea market unattended.
Chinzete claimed that the mourners stole clothes, a
mobile phone handset and a sim card valued at $339 before they were arrested by
the police near Kuwadzana suburb.
Police seized the five vehicles which were ferrying the
mourners to Kuwadzana suburb and intend to use them as exhibits together with
MDC regalia, which include a red and white cap, a red vuvuzela and a wrapping
cloth.
HRD’s
Alert
23 May 2011
Nyanga
Magistrate Ignatio Mhene on Monday
23 May 2011 granted an application filed by Nyanga North Member of Parliament Hon.
Douglas Mwonzora and 32 Nyanga
residents, seeking a referral of their matter to the Supreme Court to determine
the violation of several of their constitutional
rights.
Hon.
Mwonzora and the Nyanga residents who were arrested in February and charged with
public violence filed
a constitutional challenge on 10 May 2011 arguing that their rights to
liberty, protection of the law and protection from inhuman and
degrading treatment as enshrined in the Constitution were violated when they
were arrested, abducted and detained in filthy police and prison cells in Nyanga
and Mutare respectively.
In his ruling which was delivered on Monday 23 May 2011, Magistrate
Mhene upheld that the application was not frivolous or vexatious as claimed by
the State prosecutor Tirivanhu
Mutyasira, who had opposed the application filed by Mwonzora and the
residents’ lawyers Jeremiah Bamu of
Zimbabwe Lawyers for Human Rights (ZLHR) and David Tandiri of Maunga, Maanda and
Associates Legal Practitioners, who is a member of
ZLHR.
Magistrate Mhene ruled that all
the questions raised by Hon. Mwonzora and the Nyanga dwellers relating to the
alleged violation of their rights enshrined in the Constitution should be
referred to the Supreme Court in terms Section 24 (2) of the Constitution as
requested by the applicants.
The
Magistrate suspended the reporting conditions for the Constitution Select
Committee (COPAC) joint chairperson and the all the Nyanga residents pending the
determination of their application in the Supreme Court.
Hon. Mwonzora and the other applicants had been reporting once a week to
the police as part of their bail conditions.
Magistrate Mhene also ordered the police to immediately release upon
sight of the court order a Mazda BT 50 vehicle which Hon. Mwonzora had been
using to execute COPAC duties.
But as has become customary and in defiance of a court ruling the police
refused to release the vehicle even after the lawyers had shown them the court
order.
Detective Inspector Kasi, the
Officer In Charge of CID Law and Order in Manicaland province, who had earlier
advised Detective Inspector Mutema
of Nyanga to release the vehicle reportedly made an about turn and ordered
Mutema not to release the COPAC vehicle.
http://www.zimonline.co.za/
by Tobias Manyuchi Monday 23 May
2011
HARARE -- The International Organisation for Migration (IOM)
will today hand
over information technology equipment worth over US$25,000
to the Zimbabwe
National Statistical Agency (ZIMSTAT).
The equipment
is part of IOM’s capacity building initiatives aimed at
strengthening
evidence-based policy development to maximise the development
potential of
migration for Zimbabwe.
Over the last decade Zimbabwe experienced
socio-economic challenges that led
to an unprecedented exodus of Zimbabweans
from the country.
Most Zimbabweans have emigrated to South Africa,
Botswana, United Kingdom,
Canada, United States of America, New Zealand and
Australia.
With estimates ranging from half a million to around 4 million
Zimbabweans
abroad, and despite recognised immense potential of diaspora for
national
development, there is lack of up-to-date and credible statistics on
the
nature and extent of the Zimbabwean diaspora which has hampered
evidence-based diaspora initiatives.
As part of ongoing partnership
between IOM and ZIMSTAT, IOM is providing
technical support to ZIMSTAT for
the diaspora enumeration in the 2012
National Census. Such initiative is the
first of its kind in the SADC
Region, and aims to collect the much-needed
information on the size, spatial
distribution and demographic
characteristics of the Zimbabwean diaspora.
In order to strengthen the
capacity of ZIMSTAT to enumerate Zimbabweans in
the diaspora in the
forthcoming National Census, IOM procured state of the
art information
technology equipment, which will be utilised in the 2012
National
Census.
The information technology equipment complements IOM’s earlier
support,
which included the training of the agency’s draught-persons in
using the
latest Geographic Information Systems (GIS) technologies and
applications
which would be used in analysing census data.
In
addition, IOM supported ZIMSTAT to host a workshop for migration
statistics
stakeholders to deliberate on diaspora enumeration methodologies.
In this
regard the workshop identified two methodologies, that is, the
biological
and sibling methods, which could be used to enumerate the
diaspora.
Further, IOM has supported ZIMSTAT to pilot these two
methodologies in the
two rural districts of Chivi and Tsholotsho. --
ZimOnline
http://www.dailynews.co.zw
By Xolisani Ncube, Staff Writer
Monday, 23 May
2011 17:33
HARARE - Local Government, Rural and Urban Development
minister Ignatius
Chombo has taken his war with elected MDC councillors to
Mutasa district in
Manicaland Province, where he has suspended two
councillors.
Chombo, known for his vile meddling in local authorities
since the MDC
snapped control of the majority of both urban and rural
councils, is
charging councillor Owen Mbona and Michael Nyangani with
dishonesty and
gross mismanagement of council funds.
The councillors
from the MDC controlled Mutasa Rural District Council have
been appearing
before a committee of inquiry appointed by Chombo since last
week in a probe
that ends today.
According to the charge sheet seen by Daily News,
Nyangani is accused of
awarding timber harvesting contracts to various
companies without council
resolutions.
He is also accused of
unprocedurally allocating flea market stands to his
supporters at Muchena
Business Centre without following laid down council
policy.
“On a
date unknown but sometime in 2009, you allegedly awarded timber
harvesting
contracts to various companies without council resolution."
“Thus showing
favour to individuals hence you abused your office in that it
is alleged you
intimidated internal auditor (s) who were lawfully carrying
out their duties
thereby creating in the mind of an ordinary person, lack of
confidence in
the administration of the council,” reads part of Nyangani’s
charge
sheet.
He is also charged with misappropriating council funds.
“On
a date unknown but sometime in 2009 you misappropriated funds from sand
harvesting amounting to US$95 which amount was supposed to be surrendered to
council,” reads the charge sheet.
Nyangani has denied the charges.
Mbona refused to comment. Nyangani told
Daily News yesterday that the
charges were premeditated by political
opponents in Zanu PF.
The
disciplinary team appointed by Chombo comprises of Mutare lawyer Peter
Makombe, Obert Muzawazi the town clerk for Mutare, Nowell Mundeta the
district administrator for Chipinge and Richard Maruta, the Manicaland
provincial administrator.
Nyangani denied that he allocated anybody a
flea market stand saying he only
regularised the “chaos” which had affected
the selling of stalls.
“I did not give anyone a stand but intervened to
regularise the set up at
the market stalls. There was confusion with people
fighting almost on a
daily basis,” said Nyangani.
Chombo’s
interference in local authorities has become legendary.
Between 2001 and
2003 he fired almost all elected MDC mayors in major cities
such as Harare,
Bulawayo and Mutare, replacing them with handpicked
commissioners. He has
followed up his act with regularity, firing or
suspending councilors from
councils ranging from Bindura to Victoria Falls
and Rusape.
Elected
Councillors Association of Zimbabwe (ECAZ), a grouping formed to
protect the
interests of elected councilors, has since advised the Mutasa
council not to
meet the cost of the probe team as demanded by Chombo.
“The appointment
of this probe team is done in a non-professional manner
with the aim of the
minister getting the results that suit his ulterior
motives,” said ECAZ.
After extensive consultations with youths from various walks of life, the Youth Forum drafted the following conditions for elections; these conditions came from the youths, mostly the marginalised youths. The youths believe these conditions will ensure that the elections are free and fair and will deviate from the past norms where elections were largely characterised by violence and bloodshed.
1. A Legitimate Constitution
It is of paramount importance that any national election be held under a new constitution that guarantees the rights to administrative justice, emphasizes the principle of equality, does not give excessive powers to the Executive, provides for checks and balances between the Legislature, the Judiciary and the Executive, emphasizes the principle of transparency and accountability and has sufficient provision for the protection of human rights among others. Without such a new constitution, it is very difficult to see any election being considered free and fair as the current Lancaster House document we are using does not guarantee any of the above principles.
It is equally important to note that the current constitution-making process led by COPAC has so far failed to guarantee that it will bring about such a constitution as this process is likely to give us a negotiated constitution. However, the process should be able to give a document that is credible enough to be used as the country’s supreme law for the transition from the negotiated settlement we are currently reeling under to a democracy. After the installation of a democratic government, the new government must make it a priority to initiate a genuine people-driven process for the writing of a new constitution.
2. National Healing And Accountability For Past Human Rights Violations
According to the Global Political Agreement (GPA), the current inclusive government “shall give consideration to the setting up of a mechanism to properly advise on what measures might be necessary and practicable to achieve national healing, cohesion and unity in respect of victims of pre and post independence political conflicts”. What this simply implies is that until and unless national healing, cohesion and unity are achieved, we must not have elections. The government must ensure that all past victims have been compensated adequately before rushing into elections as this will lead to more violence and more political conflicts. Also, the new constitution should guarantee the democratic principles of tolerance and peaceful disagreement.
Only after the achievement of national healing and accountability for past human rights violations have been achieved will the people of Zimbabwe feel free to participate in national processes like elections, so it is important that these be addressed as a matter of urgency before calling for any elections.
3. Freedom Of Expression And Political Participation
The need for Freedom of expression and the right to information cannot be overemphasized; we demand that there be a diverse media that is not the subject of intimidation and abuse. It is only after the advent of such media that the youths of Zimbabwe, together with the toiling masses, can make informed and meaningful decisions on whom to vote for during the election. The GPA clearly states that there is need to have more broadcasters other than the public broadcaster, which is notorious for being unashamedly partisan. The arbitrary arrests, intimidation and victimisation of journalists and other media personnel based on draconian legislation must stop.
The GPA, the document that guides how the current government is to move forward and stipulates what is expected of the Inclusive Government, declares clearly that there should be free political activity throughout Zimbabwe within the ambit of the law in which ALL political parties are able to propagate their views and canvass for support, free of harassment and intimidation. It also recognises that the right to canvass and freely mobilise for political support is the cornerstone of any multi-party democratic system. The current government must ensure that such freedoms are guaranteed before any election as it is only under such conditions that the people of Zimbabwe will be free to exercise their democratic right of engaging in political activism without fear. The situation where belonging to certain political parties is regarded as a crime while belonging to other parties makes one untouchable must end.
4. Non-Partisan State Security Institutions, National Organs and Events
State institutions do not belong to any political party and should be impartial in the discharge of their duties, and should dispense of their duties ethically and professionally in conformity with the principles and requirements of a multi-party democratic system. The security institutions should work with the people and not against the people, their mandate is to maintain peace and security and not to be used for partisan reasons against the same people they are supposed to protect.
National events like Independence Day celebrations, Heroes’ Day celebrations among others should also be non-partisan events and benefit and receive participation from Zimbabweans from all walks of life regardless of race, ethnicity, gender, political affiliation or religion.
With non-partisan security institutions, the country will experience less political violence and related crimes as the law will be at play and any crimes committed will be dealt with by these institutions.
5. Real Electoral Reforms
The current electoral laws cannot be relied on to give us a democratic government as they have failed in the past, leading to sometimes nasty contestations as in the 2008 June Run-Off election. SADC should also make sure that such reforms are in tandem with the SADC Principles and Guidelines Governing democratic Elections. This includes adhering to the following
a) Full participation of the citizens in the political process;
b) Freedom of association;
c) Political tolerance;
d) Regular intervals for elections as provided for by the respective National Constitutions;
e) Equal opportunity for all political parties to access the state media;
f) Equal opportunity to exercise the right to vote and be voted for;
g) Independence of the Judiciary and impartiality of the electoral institutions; and
h) Voter education.
i) Acceptance and respect of the election results by political parties proclaimed to have been free and fair by a competent Zimbabwe Electoral Commission in accordance with the laws of the land.
j) Challenge of the election results as provided for in the law.
The Voter’s Roll needs to be revamped so that it shows a true reflection of registered voters and not the current state in which dead people are still found in the roll and are actually participating in elections. With the Youth Forum currently running a campaign aimed at adding 1 million new young voters to the voters roll, it has also been discovered that the requirements for registration are stringent especially for the youths.
6. The SADC and AU to establish an early warning system to respond to political violence and human rights violations.
It has also emerged that the youths attach serious importance to the role that SADC plays in ensuring that elections are held in a peaceful environment. With a history of serious bloodshed in the previous elections, the youths demand that SADC together with the African Union start to monitor the likely elections at least six months before they are held. This will enable the bodies to bear true witness and come up with an accurate position regarding the freeness and fairness of the election.
The monitoring systems to be established should also be able to detect areas of serious violence and take appropriate action against the offenders. It should also be able to immediately disclose to the relevant SADC and AU structures any relationship that could lead to a conflict of interest with their duties or with the process of the observation and assessment of the elections.
It is only after these conditions have been met that the youths and general populace of Zimbabwe can vote freely and fairly. It is the duty of the Inclusive Government, together with other groupings to make sure that these conditions are met.
--
http://www.thezimbabwean.co.uk
Written by Student
Solidarity Trust
Monday, 23 May 2011 14:04
Four National University of
Science and Technology (NUST) students appeared
before a Bulawayo magistrate
court this morning May 23, 2011. The, four
David Mushawani, Beven Nyamande,
Ernest Makoni and Duncan Mombeshora, are
facing charges of participating in
an illegal gathering with the intent to
cause public violence. The
allegations stem from a demonstration by NUST
students in 2010. Trial for
the case has again been postponed because the
state prosecutor failed to
turn up, it has been set for the 9th of June.
The Student Solidarity
Trust (SST) abhors the lengthy durations that the
students face with the
majority of the cases being postponed to a later
date. For justice to be
attained the state has to ensure that the students
are being treated fairly
and that the courts are being fair to those seeking
justice as numerous
court appearances in a short space of time do not serve
both parties
favorably, not only does it waste taxpayer’s money but also
compromises the
liberty of those seeking justice from the courts.
http://www.radiovop.com
7 hours 59 minutes
ago
JOHANNESBURG, May 23, 2011- Survivors of post independence
Gukurahundi
massacres who still have bullets lodged in their bodies say they
don’t want
medical treatment but financial assistance to ward off starvation
and get
out of poverty.
During a recent healing and reconciliation
prayer conducted by a Catholic
priest Father Marko Mkandla in Lupane, the
survivors broke their silence for
the first time in more than 20 years and
revealed the extent of their
injuries.Some told horrifying tales of how they
survived the massacres which
still haunts the government.
Former Lupane
Member of Parliament, Njabuliso Mnguni says he has been trying
without much
success to persuade the survivors with bullets lodged in their
bodies to
seek medical assistance.
“ Some donors and doctors are willing to assist
with surgery to remove the
bullets from the survivors but the villagers say
they don’t want medical
treatment but financial assistance.Some are now sick
because of the injuries
they sustained during the shootings, ” Mnguni told
Radio Vop.
Mnguni said during his visit to Lupane villages to speak to
the survivors,
he discovered that many people were now willing to speak out
about what
happened and how they survived the mass killings of innocent
people by the
government,s notorious Five Brigade which President Robert
Mugabe christened
“ Gukurahundi. ”
The brigade, exclusively made up of
former Zanla cadres from Tongogara
Assembly Point executed its mission with
ruthless efficiency and left a
trail of blood and destruction.
Mnguni
says in one village he met three women who witnessed 24 villagers
burning to
death after the soldiers rounded them up, put them in one hut and
set it on
fire.The three survivors were among the villagers put in the hut
in Gwampa
area but they managed to break free and fled.The soldiers kept on
firing at
them but they missed until they were in a safe area.
“ I met one old man
we tried to help seek treatment for his injuries but the
doctors advised
that if the bullet was removed, he could die.Now everyone
does not want to
have the bullets removed while others say there is no
reason to remove the
bullets now when they have lived with them for more
than 20 years, ” Mnguni
told Radio Vop.
According to medical and forensic experts, survivors of
firearm incidents
can carry bullets in their bodies for long periods of time
as souvenirs.If a
bullet remains embedded in the body for a long time, it
termed as a souvenir
bullet.
Bullets can be lodged in bone or soft tissue
in any firearm incident without
causing any serious damage or may be located
in an area where surgical
removal could prove fatal. It is advisable to
leave the bullet as such if it
is too dangerous to manipulate or if it is
lodged in an innocuous area
without any potential risk or
complication.
Foreign bodies such as bullets can remain silent for a long
period of time
without giving rise to clinical symptoms. It is important for
the surgeon to
consider removal of a foreign body/bullet only if there is a
serious health
hazard, keeping in mind the possibility of causing a
pathologic fracture.
“ I think the government has to find a way to pay
compensation to survivors
and families of those who perished during the
massacres, ” said
Mnguni.President Mugabe described the massacres as “ a
moment of madness by
his government. ”But he has not publicly acknowledged
the killings or pay
compensation to survivors.
According to columnist
Farai Chikowore,the collective communities in
Zimbabwe have never come
forward to condemn the original sin of Gukurahundi.
The reasons of standing
back and keeping quite are not justifiable in that
silence, fear and moving
on are open to interpretation. Zimbabweans
communities have been silent on
this issue for a long time and one should
not blame the victims for assuming
the meaning of the silence.
The idea of moving on has obviously been proven
wrong the current
developments but the idea also carries an element of
misunderstanding and
lack of practical rationality. Those who are not
directly Gukurahundi
victims indirectly understand the impact of this
horrific crime. Having said
that the idea of moving on is not only wrong but
it is an insult to the
victims. Moreover it raises the question whether one
is on the side of the
victims or the perpetrators.
The logic that
Zimbabweans fear to talk about Gukurahundi demonstrates a
lack of vision.
The fear of talking about Gukurahundi is the most
unjustified of all fears
because we have already taken a stand against
oppression. If Zimbabweans
fought the liberation struggle to free people
from oppression then they
should condemn Gukurahundi publicly because
genocide is a violent form of
oppression. What's more is that its impact
will affect the younger, future
generations and generations of generations
if it's not dealt
with.
-Thabo Kunene
http://www.africa.com/
Monday May
23, 2011, 16:37
by The
Africonomist
Agro-industrial businesses in Africa are playing an
increasingly important
role in the global food supply chain as the cost and
demand for commodities
rise and as the world’s population
expands.
Pat Devenish, the group CEO of AICO Africa Ltd., a
Zimbabwe-based
agro-industrial business that has been connecting small-scale
African
farmers to markets overseas for at least a decade, said the
African-based
agribusinesses not only provide a way for Africa to become
self-sufficient
but also offers investors sustainable profits, in an
interview with the
editor of Africonomist, David Dankwa.
Devenish, a
member of the Frontier 100 initiative, which aims to increase
investment in
Africa by forging partnerships between CEOs in Africa and the
United States,
discussed with the Africonomist some of the opportunities he
sees in
agribusiness and why he thinks it is the most important sector in
Africa.
The following is an edited version of the
interview.
What opportunities are there in agribusiness in Africa for
foreign
investors?
Devenish: I think agriculture is certainly the
most important sector in many
African countries. Getting towards
food-sufficiency is very important to
those countries that are not food
self-sufficient, and so is moving toward
exports or value-added
beneficiation for those countries that are. The
companies that I represent
are very interested in small-scale farmers. We
see them as a highly
motivated and highly diligent group of people who are
able to take advantage
of opportunities when presented with them. AICO
Africa owns three companies,
one of which is a hybrid seed company. We sell
seed in about a dozen African
countries and have large operations in about
half a dozen. In the countries
we operate, you will find that it is not long
after we get there that those
countries become food self-sufficient. We also
fund the production of cotton
with 80,000 small-scale farmers. These are
some of the investment
opportunities that I can recommend directly. There
are other agricultural
opportunities in Zimbabwe, including a dairy business
with great products
and brands and a company focused on crushing cotton
seeds and soybeans into
oil. Ultimately, I think the big opportunity in our
world is in the improved
seed space. Genetically-manufactured organisms have
not yet come to Africa
outside South Africa, but we think it is not a
question of if, it’s a
question of when.
As an investor in this space, how do deal with the
inherent volatility in
commodity prices?
You deal with that like any
business has to deal with it. There has been
huge volatility in the minerals
sector as well. You saw [the] copper price
rise very high prior to 2008, and
now it has recovered. We are seeing cotton
prices at historical highs, and
everyone in this business is enjoying that.
We would rather see a more
consistent price which is stable and good for
everyone. There are ways to
smooth out those peaks and troughs, but I just
think it is one of the
hazards of doing business. It requires good
management to make sure you
benefit in the good times and don’t get busted
in the bad times.
What
about the severe weather conditions. Is that also a part of doing
business
in Africa?
Weather, especially drought, is always an issue in Africa. We
have been
lucky in the last few years with drought, although Kenya had a
terrible
drought in 2009. I think that is part of life in the agricultural
space and
it depends on the length of the view you take and what part of the
industry
you are in. From an investment perspective, drought over time is
not a huge
issue.
What do you think are the biggest barriers to
investing in Africa?
I am probably the most optimistic person about
Africa so I don’t see that
many barriers. That said, I think currency in
some countries may be a
barrier. The perception of corruption in some
countries may be a barrier.
Liquidity of investments and ability to exit on
time may be barriers as
well. However, I am very positive about Africa as an
investment destination.
The growth of the middle class amongst several other
factors is going to
lead to huge growth.
How do you promote liquidity
in Africa when that’s an issue that even
developed markets struggle
with?
If you look at my country, Zimbabwe, where we have just come
through a very
tough 10 years, the decision by our government in February of
2009 to
dollarize our economy has had an incredible impact on the way
business is
done. It has removed a lot of those barriers to both incoming
and outgoing
investment. So I think some kind of dollarization or
quasi-dollarization
would make a big difference to a number of African
countries and could
promote liquidity.
Do you think it is critical
for Africans to invest in themselves in order to
attract foreign
investors?
The large African pension funds are very well-invested
domestically.
Certainly in southern and eastern Africa, I am not aware of
pension funds
investing massively overseas. If I look at the pension fund of
Seed Co., for
instance, it has recently come down from the high-90 percent
in equity down
to around 85-90 percent. Just about all their investment is
in equity for
very obvious reasons. The same applies in South Africa, East
Africa, and
those markets where currencies are most stable.
The
Africonomist, launched in February 2009, is a financial newsletter
focused
on investments and economic development in Africa. Its primary goal
is to
inform our readers about the people and events shaping the economic
landscape in Africa.
http://www.newzimbabwe.com/
23/05/2011 00:00:00
by Staff
Reporter
A NEW film being promoted as the “definitive account” of
President Robert
Mugabe is set to get its first screening at an
international festival in
South Africa next month.
“Whatever Happened
to Robert Mugabe?”, an 80-minute film by Simon Bright,
has been given
opening night billing at the 13th Encounters South African
International
Documentary Festival to be held in Cape Town and Johannesburg
from June
9-26.
In advance publicity material, the festival’s organisers said the
documentary “tells the stories of Rhodesia’s transition to Zimbabwe and the
personal journey of Robert Mugabe, using one to explain the other, finally
suggesting why Mugabe chose the road he has”.
“As a biography it has
everything – first-hand accounts of Mugabe’s early
life with a desperately
poor Catholic mother, what he was like at school,
the effects of a Jesuit
education and his rage against his absent father,”
the organisers said in a
statement.
They added: “The parallel story of the transition is equally
well
researched, as are later episodes of importance, notably Lancaster
House,
the Matabeleland genocide and the growing role of global business in
Africa’s
economies.
“But it’s the behind-the-scenes jostling for
power which Bright exposes that
are the most riveting, and from it Mugabe
emerges as unquestionably one of
history’s most canny, devious leaders. It
is a haunting film, the music an
achievement in itself, a mix of liberation,
folk and contemporary sounds.”
Bright was co-producer of the 1996 Zimbabwe
liberation film, "Flame".
Although many books have been written about the
mercurial Zimbabwean
strongman, 87 this year, fewer biographies have been
released on film.
http://www.sokwanele.com/thisiszimbabwe/archives/6699
May 23rd, 2011
In Zimbabwe the
operational environment and respect for human rights has
drastically
worsened, even with further decline in 2011, with arrests of
innocent
citizens under the nefarious POSA for various reasons, most of
which are
flimsy and unsustainable. Following uprisings in the Middle East,
the army
was deployed in both urban and rural areas to harass and intimidate
people –
the very same people who they are supposed to protect.
What has surprised
most Zimbabweans is that these same forces are being sent
outside the
country on peace keeping missions. In fact, the United Nations
has lauded
the Zimbabweans as disciplined when peacekeeping in foreign
lands. Why is it
their discipline at home is entirely questionable?
Inside Zimbabwe, the
Zimbabwe Republic Police (ZRP) is infamous for
arbitrary arrests and torture
of innocent women, students, MDC officials and
supporters, lawyers, human
rights activists and farmers.
It is ridiculous and surprising that the
United Nations (UN) in its wisdom
continues to put its faith in the much
discredited ZRP for international
peacekeeping duties. This is despite the
fact that it has been brutal,
corrupt, incompetent and partisan in its
discharge of duties at home.
One of the key duties of the international
peacekeeping force in war torn
countries is to protect innocent civilians
against warring parties in an
impartial manner and yet here at home the ZRP
has never been anywhere equal
to this task.
This entry was posted by
Bob Gondo on Monday, May 23rd, 2011 at 10:10 am
BILL WATCH
20/2011
[23rd May
2011]
The House of Assembly
met on 17th May and adjourned to Tuesday 14th June
The Senate is adjourned
until Tuesday 5th July
Parliamentary
Update
Senate The
Senate did not sit last week. It last sat, briefly, on 10th May, when it
adjourned to 5th July. Business awaiting attention includes the Public Order
and Security Amendment Bill and the Small Enterprises Development Corporation
Amendment Bill, both for Second Reading.
House of Assembly
Adjournment to June The House sat for less than ten minutes on 17th May without
transacting any business. Proposing the adjournment of the House to Tuesday
14th June, the Minister of Constitutional and Parliamentary Affairs said the
majority of members were “involved elsewhere”, a reference to their presence
being required in the ongoing Thematic Committees Stage of the
constitution-making process.
Order Paper for 14th June The House agenda for 14th June will be the same as the untouched
agenda for last Tuesday, including the Second Readings of two Bills – the
Deposit Protection Corporation Bill and the National Incomes and Pricing
Amendment Bill. [See Bill Watch 19/2011 of 12th May.] The Human Rights
Commission Bill, currently being printed, could come up for its First Reading
later in the week if it is gazetted before the end of May. [Standing Orders
require that a Bill be gazetted at least fourteen days before it is
introduced.]
Committee Meetings Regular ordinary meetings of House of Assembly portfolio committees
and Senate thematic committees remained suspended this week. But the Thematic
Committee on MDGs is holding public hearings on social protection programmes
from 20th to 23rd May, travelling to four rural districts. [For details see
Bill Watch Parliamentary Committee Series bulletin of 19th
May.]
Committee Reports At least three new committee reports will
be ready for tabling when the House resumes.
Two Acts
Gazetted
General Laws Amendment Act [No. 5/2011] [GLA
Act] This was gazetted on
Tuesday 17th May, coming into force immediately. [Electronic version
available.] 17 Acts are amended, including the:
· Reserve Bank Act, to stop sales in execution of Reserve Bank
property seized on behalf of creditors who have obtained court judgments against
the Bank for payment of debts [GLA Act, section 14]. This provision is
backdated to 10th June 2010, which is the date on which SI 115/2010 enacted a
similar provision under the Presidential Powers (Temporary Measures). Since
that SI expired in mid-December 2010, creditors have had the last few months in
which to take action against the Bank, and some have done so. The effect of the
backdating on completed sales in execution remains to be seen.
· Indigenisation and Economic Empowerment
Act, to substitute the word
“business” for “company” in section 3(6) of the Act. This will empower the
Minister responsible for indigenisation and empowerment to carry out
“indigenisation and empowerment assessment ratings”, not just for companies, but
for all “businesses” as defined in section 2 of the Act, i.e., companies,
associations, syndicates and partnerships conducted for the acquisition of
gain. [GLA Act, section 9.]
· Parks and Wild Life Act, to provide for heavy mandatory prison
sentences of 9 or 11 years for poaching of specially protected animals,
particularly rhinoceros. [GLA Act, section 11.]
Zimbabwe National Security Council Amendment
Act [No. 2/2011] This short
Act was gazetted on Friday 20th May, coming into force immediately. It makes
the Minister responsible for prisons [currently this is the Minister of Justice
and Legal Affairs] an ex officio member of the Zimbabwe National Security
Council. [Electronic version available.]
SADC Summit
Windhoek on 20th May
An Extraordinary Summit of Heads of State and Government met in
Windhoek on 20th May. The Summit did not discuss the situation in Zimbabwe
because South African President Zuma, the SADC facilitator of the GPA, was not
present – he was still involved in local government elections in South Africa.
The Heads of State and Government will now have an opportunity to discuss
Zimbabwe on the sidelines of the COMESA-EAC-SADC Tripartite Council and Summit
in South Africa on 12th June.
SADC Tribunal The Summit considered the report of the
Committee of Ministers of Justice and Attorneys-General on the review of the
Role, Responsibilities and Terms of Reference of the SADC Tribunal and decided
as follows:
· to mandate the Ministers of Justice and
Attorneys-General to initiate the process of amending the relevant SADC legal
instruments and submit a progress report to the August 2011 Summit and a final
report to the August 2012 Summit
· not to reappoint members of the Tribunal
whose term of office expired in August 2010 and not to replace members of the
Tribunal whose term of office will expire on 31 October
2011
· to “reiterate” the moratorium on the
Tribunal receiving any new cases and hearing any cases until the SADC Protocol
on the Tribunal has been reviewed and approved.
[Comment: While this decision on the
Tribunal technically falls short of the “abolition” claimed by the Minister of
Foreign Affairs, its practical effect is much the same, because the Tribunal
will not be able to function and will soon have no judges at all. The report by
the Committee of Ministers of Justice and Attorneys-General has been not been
made public, but a drastic reduction of the Tribunal’s jurisdiction is
foreshadowed by the Summit’s decision and recent statements by Minister of
Justice Patrick Chinamasa. It also seems inevitable that the Summit will not be
taking steps to compel Zimbabwe to accept and act on the Tribunal’s decisions in
the Campbell case and other cases on the land question. Withholding the report
of the Committee of Ministers and AGs from public scrutiny is regrettable, given
that the independent consultants hired by SADC to advise the Committee are
reported as having rejected Zimbabwe’s contentions that the Tribunal was not
legally established.]
Update on Acts and
Bills
Acts Gazetted [see
above] [Electronic versions
available.]
· Zimbabwe National Security Council Act (No.
2/2011)
· General Laws Amendment Act (No. 5/2011)
[Note: Acts 1, 3 and 4/2011 have not been gazetted. They are in the
pipeline; see below.]
Bills Passed and Awaiting Presidential Assent
and/or Gazetting as Acts [Electronic versions available.]
· Criminal Laws Amendment (Protection of Power,
Communication and Water Infrastructure) Bill [still being
printed]
· Attorney-General’s Office Bill [printed and
sent to the President’s Office for the President’s assent]
·
Energy Regulatory
Authority Bill [still being printed]
Bills in Parliament [Electronic versions
available.]
Senate
· Public Order and Security Amendment Bill –
awaiting Second Reading
· Small Enterprises Development Corporation
Amendment Bill – awaiting Second Reading
House of Assembly
· Deposit Protection Corporation Amendment Bill
– awaiting Second Reading
· National Incomes and Pricing Commission
Amendment Bill – awaiting Second Reading
Bills Gazetted and Awaiting Presentation in
Parliament –
None
Bills Being Printed for Presentation in
Parliament [electronic
versions not available – texts not yet released]
· Human Rights Commission Bill [to be presented
by the Minister of Justice and Legal Affairs]
· Older Persons Bill [to be presented by the
Minister of Labour and Social Services]
Bills Referred for Drafting after Approval in
Principle by Cabinet
· State Enterprises Restructuring Agency
Bill
· State Enterprises and Parastatals Management
Bill
· Zimbabwe Investment Authority Amendment
Bill.
Statutory Instruments
and General Notices
[Electronic versions NOT
available.]
Gazette of 13th May
New Tariffs of Fees for Deputy Sheriffs and
Messengers of Court SIs 57
and 58/2011 enact new fees for services rendered to litigants by deputy sheriffs
and messengers of court respectively.
NSSA Notices SI 59/2011 prescribes various matters under
the National Social Security Authority [NSSA] Accident Prevention and Workers
Compensation Scheme, including amounts of compensation and employers’ assessment
rates for this year. SI 60/2011 deals with rates of contributions and benefits
under the NSSA Pension and Other Benefits Scheme.
Public Health By-laws for Norton SI 56/2011 contains Norton Town Council
by-laws covering sanitation, food premises, water pollution, keeping of horses
and other animals, nuisances, and other public health
concerns.
Gazette of 20th May
Radiation Protection SI 62/2011 contains the Safety and Security
of Radiation Sources Regulations, made under the Radiation Protection Act. The
regulations came into force on the date of gazetting, 20th May. They will be
administered by the Radiation Protection Authority.
Government Financial
Statements Also issued with
this Gazette were the Accountant-General’s Consolidated Statements of Financial
Performance for March 2011 and the first quarter of 2011. Gazetting of these
statements is required by the Public Finance Management
Act.
Requests for electronic versions that have
been offered should be emailed to veritas@yoafrica.com
Veritas makes every effort
to ensure reliable information, but cannot take legal responsibility for
information supplied