UN rights chief Navi Pillay told veteran Zimbabwe President Robert
Mugabe in talks on Wednesday to ensure fair and violence-free elections when
the country finally votes to pick a new leader.
Pillay is in Zimbabwe
for a five-day visit at the invitation of Mugabe's government.
“I
also urged him to ensure that the future elections will be free and fair,
and free from violence,” Pillay said after the 90-minute meeting with Mugabe
at State House, in the capital Harare.
Deadly violence engulfed the
last presidential election four years ago.
In a speech marking the
country's 32nd independence anniversary last month Mugabe urged Zimbabweans
to shun violence ahead of polls whose date is not year set, but which he
insists be held this year.
“I commended the president for making a call
that there should be no violence in the future elections and urged him to
continue to make such calls,” Pillay said Wednesday.
Mugabe did not
speak to reporters after the talks.
But Pillay said their meeting was
“very important”, adding that the 88-year-old leader had recounted “the past
history of Zimbabwe and attributed some of the current problems to the
past.”
Pillay also met earlier in the week with Prime Minister Morgan
Tsvangirai, who joined the long-ruling Mugabe in a unity government formed
in 2009 to halt the election-linked bloodshed that killed more than 200 of
the premier's supporters.
Mugabe, 88, has ruled Zimbabwe since
independence from Britain in 1980.
The unity government is meant to clear
the way to new elections, but preparations are lagging years behind and no
date has been set. – Sapa-AFP
Robert Mugabe has reportedly blamed Zimbabwe’s current problems
on historical influences, in a meeting Wednesday with the visiting United
Nations High Commissioner for Human Rights, Navi Pillay.
The UN Human
Rights chief met with Mugabe at his state house offices and told reporters
the ZANU PF leader had admitted the country currently faces problems. But he
blamed historical influences for the ongoing political and economic crisis
.
Pillay was invited by government for a week-long mission to assess the
human rights situation in the country. She had already met with civil
society groups and Prime Minister Morgan Tsvngirai on
Tuesday.
Mugabe’s explanation follows total denial by Justice Minister
Patrick Chinamasa, who told Navi Pillay on Monday that there was no
state-sponsored violence in the Zimbabwe. The Mugabe regime has tried to
paint a rosy picture of the situation in the country, ahead of elections
expected in the coming year.
Thabani Nyoni, spokesperson for the
Crisis in Zimbabwe Coalition, described Mugabe’s explanation as a “desperate
act” from the leader of a party that has found itself cornered. Nyoni told
SW Radio Africa that Mugabe and ZANU PF have had 30 years since independence
to re-define
Pillay is quite aware of the human rights abuses in
Zimbabwe, as she was once part of the Universal Periodic Review of Human
Rights, which made recommendations to improve the situation in Zimbabwe,
that were rejected by the regime.
“It’s clerar she is aware. We
presented to her concrete and comprehensive evidence of cases of human
rights violations that have taken place since independence,” Nyoni
explained. He said the visit the UN rights chief is important because it
brings the issues of rightsd violations into the spotlight and focuses
global attention on Zimbabwe.
The drafting of a new constitution was said to be ‘back on track’
after COPAC reached ‘common ground’ on contentious issues during a meeting
in Harare on Wednesday.
All parties to the GPA attended the meeting,
the first in two weeks after a period blighted by a ZANU PF boycott of the
process. Senior figures from ZANU PF, including COPAC co-chairperson Paul
Mangwana, were present when COPAC took a step torwards finalising the
drafting of a new charter.
The breakthrough comes as the SADC regional
bloc was putting pressure on all parties in the GPA to work together to end
the current impasse, amid reports that Zimbabweans are fed up of waiting for
a new constitution while the process dragged on indefinitely.
SW
Radio Africa is reliably informed the SADC chairman, Namibian president
Hifikepunye Pohamba has been pushing for all sides to put aside partisan
differences so they can resume work to serve the people, and restore
confidence in the process.
Douglas Mwonzora, the MDC-T co-chairman in
COPAC told us ‘ZANU PF is back in the fold, cooperating and beginning to
sound reasonable. He explained that the party had tried to derail the
process by introducing some completely new and unacceptable issues in their
“position paper”.
‘We completely rejected that 29-page document and said
that we should work on the draft the way we’ve always done. We are happy to
say that we reached common ground today and that we will try to finalize
this process by the end of next week,’ Mwonzora said on Wednesday.
He
further explained that they made it clear they were not going to agree to
new issues being brought by ZANU PF. He said anything they are going to do
by way of revision of the process was going to be confined to documents they
‘all agreed to and signed’.
Copac representatives from the former
ruling party disengaged from the exercise following immense pressure from
Paul Mangwana, the ZANU-PF’s negotiator in the constitution-making process
and party heavyweights. The heavyweights, mostly politburo members have
rallied against the new draft constitution, which they see as being aimed at
bringing regime change.
The contentious issues in the draft constitution,
which was endorsed by the two MDC formations, include a proposal for
reducing the powers of the president and delegating some of them to
parliament.
The draft was drawn by COPAC after collecting views from
Zimbabweans on what they wanted in the document. The proposal has, however,
been rejected by some in ZANU PF, especially those allied to Defence
Minister Emmerson Mnangagwa who cannot tolerate the idea of a weakened
presidency. The proposal has caused a crack in ZANU PF with two factions
battling to succeed Robert Mugabe wrangling over the draft. An analyst told
us there is confusion in ZANU PF because the interests of the warring
political elites or factions are not secure in the draft constitution.
Zimbabwean President
Robert Mugabe expressed frustration in cabinet Tuesday with the slow pace of
the new constitution making process and demanded that the incomplete draft
be handed over to the principals at the end of the week.
Cabinet
sources told VOA that Mr Mugabe made the remarks after parliamentary and
constitutional affairs minister Eric Matinenga presented his report to
cabinet on the state of the new constitution.
The new constitutional
effort started three years ago and has stalled several times due to
disagreements among the three political parties in the unity
government.
The parliamentary select committee and the management
committee were supposed to meet this week to discuss a 29 page document
tabled by Zanu PF that analysts say would have altered the draft as the
party backtracks on a number of issues such as the powers of the president
and the attorney general that had been agreed by the parties.
The
meeting has been postponed to next week. But sources say it hangs in the
balance as it remains unclear whether Mr Mugabe now wants the principals to
take charge of the process.
Hardliners in Mr Mugabe's former ruling
Zany-PF party and senior army officials backing him are said to be demanding
that Mr Mugabe take charge as Copac is delaying the process to frustrate
calls for elections this year.
Matinenga told VOA that Mr Mugabe's
demands are unrealistic.
Thomas Chiripasi & Tatenda Gumbo |
Harare/Washington
The visiting United Nations human rights chief,
Navi Pillay, in Harare to assess the rights situation, called on authorities
Tuesday to ensure the Human Rights Commission is activated before the next
elections.
Addressing journalists after meeting with Prime Minister
Morgan Tsvangirai, Pillay said the commission should be up and running
before the nation’s next polls that President Robert Mugabe and his Zanu PF
party want held this year.
"This commission is very important and is
needed to play a role during the election, and I do appreciate the prime
minister's interest in addressing that particular issue," she
said.
The commission, which was appointed some time last year, has yet to
start operating because parliament is still discussing the Human Rights
Commission Bill, which will give it powers to investigate rights violations
in the country.
The bill, however, says the new organization cannot
deal with past abuses.
Pillay, who also met with the Zimbabwe Human
Rights Commission and the parliamentary thematic committee on human rights,
said her meeting with Mr. Tsvangirai also focused on rights violations that
occurred in the run-up to the June 2008 presidential
run-off.
Meanwhile, Mr. Tsvangirai said the unity government is doing all
it can to ensure that human rights are promoted and protected, especially
during election time.
"I must say we raised a number of issues, we
explained the situation in the country, before the formation of the GNU and
after the formation of the GNU," said Tsvangirai. "There is nothing to hide
but also need to highlight there has been progress since the formation of
the GNU."
NGO groups that boycotted the parliament meeting, charging that
they were not safe at the August house following the violence that ensued
last year during the Human Rights Bill public hearings, also met Pillay
separately.
Director Abel Chikomo of the Zimbabwe Human Rights NGO Forum,
said the organizations that included the National Constitutional Assembly
and the Zimbabwe Lawyers for Human Rights, managed to present their case to
the UN envoy.
But before Pillay could even complete her mission,
police besieged the offices of Zimbabwe Human Rights NGO Forum in central
Harare looking for Chikomo who was not present at the time.
VOA could
not independently verify why the police were looking for the rights
activist.
Elsewhere, youth organizations have come out against what they
say is lack of transparency in commissioner Pillay’s visit, alleging the
government is micro-managing her activities in the country.
The
organizations say government officials should have given them the
opportunity to meet with the rights chief to discuss the situation in the
country, as they see it.
Practical Empowerment and Networking Youth
Association director Hillary Musarurwa says youths in Zimbabwe have
continuously been exploited and not given a proper chance to air their
views.
"Its sad that youth have been sidelined once again, yet when
politicians want to carry out their acts of violence they put the youth on
the forefront," said Musarurwa,
"Its unfortunate when we talk of
human rights people look at the political perspective, but we forget the
socio-economic rights which are very fundamental in the development of young
people."
The facilitation team of South
African President Jacob Zuma is expected in Zimbabwe next week to check on
progress made by the unity government in fine-tuning the election roadmap
the Southern African Development Community says is necessary before the
country's next polls.
Mr. Zuma is the SADC-appointed mediator in Harare,
following the disputed and bloody 2008 presidential
elections.
President Robert Mugabe and his Zanu PF party have
consistently called for elections this year, even in the absence of a new
constitution.
But the two MDC formations in the coalition government
insist critical democratic reforms are implemented before any fresh polls
are called, in particular the writing of a new constitution.
But
analysts say SADC's mediation role in Zimbabwe has reached its full
potential and is losing steam as conflicts over the same issues remain in
the unity government with no solution in sight.
Mr. Zuma’s
international affairs adviser, Lindiwe Zulu, told VOA that the South African
team will hold progress meetings with all the parties in Zimbabwe during the
visit.
“The facilitation team is going back to Zimbabwe to do the work
that we normally do as a facilitation team," said Zulu. "We have meetings,
and we are following up as we have been mandated by our principal President
Jacob Zuma.”
United Kingdom-based Zimbabwean analyst Nkululeko
Sibanda said the South African facilitation team now needs to re-strategize
and begin a new discussion that involves other key players, who can bring
fresh ideas to the negotiating table to move Zimbabwe
forward.
Sibanda said political parties will continue to disagree because
“they are serving other interests that are outside and away from the
table.”
“I think we have got to bring other people onto the table and say
where do we go so that it is an all stakeholders conclusion on how we go
forward, and this is the problem we are having with the constitution, and
this is why people continue to complain,” Sibanda added.
HARARE (Reuters) - Zimbabwe's Mimosa Mine expects to lose 75,000
tonnes of platinum ore when it restarts production next week, it said on
Wednesday.
Production was suspended after a fire trapped
miners.
The company also said it had sufficient stocks to meet its
platinum output target for the month and quarter.
Around 60 miners at
Mimosa's mine in south western Zimbabwe were trapped underground on Tuesday
but were brought back to the surface without injury.
Mimosa's managing
director Winston Chitando said in a statement operations at the mine would
resume on Monday and that production would initially average 70 percent
during the first 19 days before hitting full capacity.
"The mining
production loss during this period is estimated at 75 000 tonnes of ore
which is more than covered by the current surface stockpile of about 140,000
tonnes of ore," Chitando said.
"As a result production of platinum ounces
for the month and the quarter will not be affected and is expected to be on
budget."
Mimosa is a joint venture between South Africa's Impala Platinum
(Implats) and London-listed Aquarius Platinum Ltd.
The platinum miner
produced 104,000 ounces of platinum group metals in its 2011 financial year.
Higher Education Minister and ZANU PF MP for Masvingo South, Dr
Stan Mudenge, is being accused of squandering US$80 000 meant for the
completion of construction work at Gurajena Hospital in Masvingo.
The
allegations were made by Escort Chawatama an MDC-T councillor for Ward 1 in
the Masvingo North constituency. He said the local development committee
sourced the funds from well wishers between 2010 and 2011 but Mudenge
imposed himself on the project before looting the funds.
“The local
development committee sourced donations from well-wishers in a combined
fundraising programme that involved traditional leaders and councillors. It
was an operation targeted at fitting window panes, construction of blair
toilets, sinking of boreholes and the setting up of ablution facilities,”
Chawatama said.
The project also “intended to erect two water tanks with
a holding capacity of 10 000 litres each and we also intended to purchase a
600kw generator. Part of the funds was intended to be channelled towards the
construction of staff quarters.”
Things however fell apart when
“Mudenge came up with a hospital committee comprising ZANU PF apologists and
blew up the funds after the MP had imposed himself on the project. The noble
community project has been turned into a Mudenge project,” Chawatama
claimed.
“The MP and his committee looted funds and are sitting on
development plans,” and the result is that “construction work has been
stalled for years,” Chawatama said. “It is sad to note that a project that
is expected to help thousands of people has been retarded by one
individual,” he added.
On Wednesday MDC-T Masvingo provincial spokesman
Harrison Mudzuri told SW Radio Africa that they had enlisted Chief Gurajeni
to resolve the matter but to no avail. They were now considering ‘making it
a police matter.”
If the project is ever completed, the hospital, with an
admission capacity of 107 patients, 45 staff quarters, will serve the Zimuto
and Mutema communities in Gutu District as well as Chirumanzu in the
Midlands province.
Both the House of Assembly and the Senate
resumed sitting for only three days last week after a lengthy recess, and
adjourned again this week without tackling several critical Bills that were
pending.
The Bills included the Human Rights Commission Bill and the
Electoral Amendment Bill, both of which are urgent Bills that need to be
completed before the next elections are held.
Progress on the Human
Rights Commission Bill was expected to begin with The Committee Stage on
17th May, but the Minister of Justice and Legal Affairs, Patrick Chinamasa,
did not attend. As a result the amendments he has tabled could not be
debated.
The importance of the Human Rights Commission Bill was conveyed
to the visiting UN Rights Chief Navi Pillay on Tuesday, by the Human Rights
Commission chairperson, who said their work cannot begin until this Bill has
been enacted into law.
The development comes at atime when
parliamentarians are being criticised for not bunking parliamentary sessions
while collecting their fees. Some observers have questioned whether there is
any point in continuing with the current parliament while drafting a roadmap
towards fresh elections.
In June last year the Minister for
Constitutional and Parliamentary Affairs, Eric Matinenga, admitted that
bunking off by ministers was a serious problem but he said he had no powers
to force them to attend.
INDUSTRY and Commerce Minister Welshman Ncube met with his
Mines counterpart in Harare Tuesday to discuss the stalled US$750 million
takeover of Ziscosteel by Essar Africa Holdings.
The meeting between
Ncube and Mines Minister Obert Mpofu came as the company’s workers appealed
to Parliament for help with many saying they had failed to pay examination
fees for their children after Essar suspended the payment of
salaries.
Essar, which has reportedly been spending about US$1
million on salaries since the deal was commissioned nearly 10 months ago,
told the company’s 1500 workers it could not continue to pay them while
there was no production taking place.
The takeover deal, which was
expected to help revive the collapsed steel producer now renamed NewZim
Steel, has hit the skids over the transfer of iron ore reserves to Essar
with Ncube and Ncube trading blame for the chaos.
But the Mpofu and Ncube
confirmed they had met Tuesday as pressure increases for the deal to be
implemented.
“We met and agreed that we will meet again soon and invite
Essar Holdings management to a conversation on how we can ensure that the
company operates smoothly,” Ncube told The Chronicle.
“The
issue is we transfer mining claims owned by NewZim Steel. We did not set any
dates because we first need to liaise with Essar Holdings.
“What I can
say is that the matter is being treated with urgency, as you know that the
workers have not been paid for nearly a year since the agreement was
signed.
“As the Government, we are doing everything we can to try and
bring this issue to finality.”
Mpofu added: “The most important thing
is that we are in consultation with the Ministry of Industry and Commerce
over this issue.
“Cabinet has directed us to look at the outstanding
issues with regards to the agreement with the view of reviewing the
matter.
“Essar Holdings will have to engage us on the mineral title or
special grants with a view of addressing some of the concerns that the
Ministry of Mines raised. However, we are hopeful that we will have an
amicable outcome.”
Workers representatives told a Parliamentary
committee Monday that hundreds of students in Redcliff could not register
for exams this year after parents employed by ZISCO failed to pay
examination fees.
"Most of the workers' children, who were supposed to
write their Ordinary and Advanced Level examinations, failed to register for
the examinations because we were told that we would not be paid just before
the deadline for registration," Ziscosteel Joint Unions Committee chairman
Benedict Moyo told the MPs.
"As we speak, our children, who are in
boarding schools, have started coming back home after school authorities
sent them away for failure to pay school fees. We have tried all avenues but
have been hitting brick walls."
Moyo said the town of Redcliff and
surrounding areas had been hit hard by the Essar’s decision not to pay
salaries.
"Zisco used to be the major supplier of water and electricity
in some areas in Redcliff because Kwekwe pumps water into the Zisco system
then the water would be pumped into the residential areas, which is the same
scenario with Zesa and at the moment none of those is there, so you can see
the plight that people are going through," he said.
Essar took over
60 percent a controlling stake in NewZim Steel (Pvt) Ltd and an 80 percent
interest in NewZim Minerals (Pvt) Ltd, formerly Buchwa Iron Mining Company
(Bimco).
But Mpofu has blocked the transfer of mining rights for Bimco’s
iron ore reserves amid fears the government may have sold a multi-billion
dollar asset for a song.
Essar – who took over ZISCO’s multi-million
dollar debts including US$12 million in unpaid salaries for the workers –
have refused to resume production until the mineral rights are
transferred.
Still, the workers said they should not be made to suffer
for mistakes that may have been made by Ministers.
"We were never
involved when this deal was being negotiated and for Essar to now come to us
and say they will not pay us if the deal is not signed is not fair," said
Moyo.
"We don't want to be used as pawns in their (Ministers Ncube and
Mpofu) fight. All we want are bread and butter issues to be addressed."
The case against 29 MDC-T
members accused of murdering a police officer in Glen View in May last year
is set to crumble as the State’s evidence is weak, lawyers representing the
activists have said. 23.05.1203:50pm by Tapiwa Zivira
The
activists, most of whom are still being held in custody a year later, are
expected to appear before the High Court on June 4.
Allegations are that
the 29 allegedly took part in the murder of Asst Insp Petros Mutedza during
a confrontation between MDC-T members, who were holding a meeting in the
populous Glen View suburb, and the police, who had come to disperse the
meeting, claiming it was illegally convened.
The activists, it is
alleged, attacked the police with stones, resulting in Mutedza’s death.
Immediately after the murder, police launched a massive crackdown in most
southwestern suburbs.
Solomon Madzore, the MDC-T National Youth Chairman,
is among the accused – but was only arrested in September 2011. His repeated
attempts to be remanded out of custody have failed.
“About 25 of them
are saying they were not even at the meeting or the scene of the murder and
four are saying they were present but fled when the police arrived to
dismiss the meeting. They have strong alibis,” their lawyer, Charles
Kwaramba, told The Zimbabwean.
He said the autopsy shows that Mutedza
could not have been murdered by more than three people.
“The post
mortem shows one blow and a few bruises in the head and this cannot be said
to be a result of the actions of many people,” he said.
“The State’s
witnesses are also not claiming to have seen any single individual taking
part in the murder but are just saying they saw a group of people wearing
MDC-T regalia, which does not confirm that our 29 clients are the ones who
took part in the murder,” added Kwaramba.
The case demonstrates a
tendency by some politicians to victimise their clients, he
said.
“They (unspecified politicians) are just happy to have MDC-T people
in custody, and they do it carelessly because if the post mortem can show
that the murder was not committed by many people, why keep 29 people in
custody?” he said.
Turning to the activists’ treatment in custody,
Kwaramba said the accused were badly treated by prison
officials.
“They are not getting medical treatment. We have one who has a
broken arm after being assaulted in police custody and there is another
whose private parts are swollen but no doctor has come to see him,” said
Kwaramba.
A year after the Glen View incident, the trial has failed to
kick off and no evidence linking the 29 activists to the murder has been
presented in court. On numerous occasions, the High Court has failed to sit
because either the judge, Justice Chinembiri Bhunu, or the prosecutor have
been “not feeling well”, away doing “other business”, attending a funeral,
or “not ready to proceed”.
In a recent statement, the MDC-T lambasted
what it called the State’s and the Judiciary’s unjustified manoeuvres to
continue to “imprison, persecute and harass innocent and peace-loving
Zimbabweans whose only crimes are to be members of a political party that is
fighting to bring about democracy”.
The party has continually expressed
concerns that the accused are living in inhumane conditions, with two of the
female inmates, Rebecca Masvikeni and Yvonne Musarurwa, in solitary
confinement in the male section at Chikurubi Maximum Prison.
HARARE - Senior army and police officers from
Chimanimani district last week summoned Zanu (PF) ward representatives to a
crisis meeting held at Biriwiri High School.
Sources among the
representatives of all the 23 wards who attended the meeting told The
Zimbabwean that allegations of voting buying during the recent Zanu (PF)
District Coordinating Committee elections took centre stage, with some of
the delegates accusing aspiring member of parliament and senior Zanu (PF)
youth official, Joshua Sacco of rigging.
Sacco’s faction, believed to be
aligned to Emmerson Mnangagwa swept all the DCC’s posts. His personal body
guard, Brighton Muchuwa was elected the DCC chairperson.
“During the
meeting, the army chefs demanded a ward-by-ward report on what transpired
during the elections. Some losing candidates accused Sacco’s faction of
rigging the elections. There were also complaints about why the party was
keeping a white guy in its structures,” said a source who attended the
meeting.
Senior army officers present included officer commanding Harare
province, Senior Assistant Commissioner Clement Munoriarwa, National
Railways of Zimbabwe chief executive officer, retired Air Commodore Michel
Karakadzai and Brigadier-General Mike Sango.
War Veterans leader
Joseph Chinotimba, senior official Enoch Porusungazi and MP, Samuel Undenge
also attended. The soldiers promised to come back in the next few weeks with
a decision to either nullify the elections results or endorse
them.
During the meeting the soldiers also made it clear that Zanu (PF)
should win the next elections at all costs. The secretary for commissariat,
Webster Shamu, was last week ordered by the politburo to carry out a
thorough audit of the elections and nullify the results where
necessary.
Army commanders and senior police officers, some of whom want
to be candidates in the next elections have taken over Zanu (PF)’s campaign
drive.
Sacco’s secretary’s personal secretary, one Manyange, answered his
mobile phone when reached for comment. “I am sorry Mr Sacco is not available
for comment. He has travelled and will only be available next week,” said
the secretary.
Party spokesperson, Rugare Gumbo, said he was not yet
ready to comment on the army’s involvement in the party’s internal politics.
By Professor Matodzi Harare, May 23 May 2012 -
The National Social Security Authority (NSSA) has named and shamed
controversial army chief, Major General, Martin Chedondo among new farmers
who had not remitted workers' pension contributions between December 2009
and June 2010.
Court papers seen by Radio VOP show that Chedondo, the
Zimbabwe Defence Forces (ZDF) Chief of Staff, who owns Dindingwe Farm in
Marondera and employs 56 workers, was recently hauled to the high court by
NSSA which is demanding payment of $5 972.
Chedondo recently issued
brazen remarks that the army must interfere in politics and support
President Robert Mugabe’s Zanu (PF) party and labelled other political
parties as agents of imperialism.
“The defendant has despite demand
failed/neglected to plaintiff the total sum of $5 972 in respect of both
outstanding contributions and surcharges,” reads part of NSSA declaration
filed in the High Court.
NSSA has also sued Attorney General Johannes
Tomana, Munyaradzi Kereke, the former advisor to central bank governor
Gideon Gono, former Mashonaland West Governor Nelson Samukange, who owns
Rukoba Farm in Banket, Local Government, Rural and Urban Development
Minister, Ignatius Chombo, the Zimbabwe Broadcasting Corporation and its
reporter Reuben Barwe, who runs a farm in Norton and Air Zimbabwe over
unpaid pension contributions.
An estimated 250,000 households in rural Manicaland
are in need of urgent food assistance following poor harvests, according to
statistics from the Provincial Administrator’s
office. 23.05.1211:49am by Tony Saxon
Manicaland was affected
by drought and poor farming preparations in the 2011-12 season, with some
farmers failing to harvest anything. A cereal loan scheme introduced by the
government to help food in secure households has reportedly been hijacked by
influential individuals.
Mutare District Administrator Simon Sigauke
recently confirmed that grain meant for the scheme had run out before the
intended beneficiaries had received their monthly allocations.
Under
the scheme, each needy household is supposed to receive 50kg of maize every
month, said Sigauke, who added that hungry villagers were inundating the
district offices to inquire about the availability of the grain.
“My
office has been besieged by needy people who come to inquire when the next
delivery will be made. Each household is receiving a 50 kg bag of maize per
delivery, but this is not for big families,” he said.
Sigauke urged
government to make speedy deliveries of the staple maize in order to avert
hunger. The maize is being distributed through Grain Marketing Board depots.
There is growing concern that Zanu (PF) officials and Agritex officers are
diverting truckloads of food meant for the villagers to the black
market.
They are reportedly selling it at exorbitant prices to ready
buyers on the informal market. A source privy to the scandal said a tonne of
maize was being sold for a minimum price of $250.
Supporters of the
MDC have alleged that they are being side-lined in the distribution process.
The Minister of Agriculture, Mechanization and Irrigation Development,
Joseph Made, last week condemned the corruption.
“We are ready to weed
out such unscrupulous people. I am aware that the issue of distributing
grain is being politicised. Nobody should be denied access to grain. At no
point should the GMB and Agritex officials distribute grain. This should be
done by the traditional leaders,” said Made.
Meanwhile, The Zimbabwean
has learnt that the Manicaland Small Miners Federation has disbursed a $50
000 credit facility it received from South African based Nashell Mining
Trust last month to help its members produce minerals.
Steven Makata,
MSMF Chairman, said the funds were disbursed to miners throughout the seven
mining regions in the country.
“Regional representatives are giving this
money to registered miners who have been producing gold or any other mineral
mined in the region. They are disbursing the money and we are waiting for
feedback from them,” Makata said. The association is now looking for funds
from the Small Enterprises Development Corporation to assist small-scale
miners. “The association would repay SEDCO the loan using earnings from
gold. Out of the 25 000 small-scale miners whose operations were closed
under operation “Chikorokoza Chapera” a few years back, only 2,000 were
issued with environmental impact assessment certificates,” he added.
A coalition of clergymen from Southern Africa
has vowed to observe forthcoming elections in the
region. 23.05.1212:11pm by Mxolisi Ncube
The Southern
African Catholic Bishops’ Conference, which includes Zimbabwe, Botswana,
South Africa and Swaziland, announced this week it had joined forces to
observe upcoming elections in several countries, including
Zimbabwe.
The SACBC said that, with the politically charged situation
in the region, much was at stake in some of the countries facing elections,
with election violence, intimidation and reprisals being among issues of
most concern.
“We call on the governments planning elections to guarantee
conditions that ensure they are free, fair and peaceful,” said Bishop
Nubuasah of Francistown, who is also the President of Imbisa.
“We
have seen how violence and insecurity affect the everyday lives of ordinary
people, denying them much needed development and the ability to lead
fulfilled lives,” he added.
The Bishops also called on the SADC to be
active in ensuring that its principles and guidelines on the conduct of
elections are fully respected.
“Election time is challenging time and as
witnesses on the ground, our hope is that our governments will respect these
guidelines, so that the lives and dignity of each and every individual can
be respected,” said Bishop Nubuasah.
MORE than 60,000 people on ARV therapy could have their
treatment cut off by year-end unless the government plugs the funding gap
created by donors who are withdrawing from the programme.
Addressing
the Parliamentary committee on HIV and AIDS Monday Acting Secretary for the
Ministry of Health, Dr Christopher Tapfumaneyi, said the government must
move in to prevent a possible disaster.
The government funds 15 percent
of the country’s Anti Retroviral Treatment (ART) programme with the balance
met by donors. But key donors, among them the Global Fund which finances at
least 35 percent of the national programme, are understood to be withdrawing
their support.
Dr. Tapfumaneyi said the development leaves some 66,000 at
risk of losing their treatments by the end of the year. About 420,000 are
currently on ART around the country.
"As a ministry we have already
noted that some of our partners are already not forthcoming with funding for
ART in Zimbabwe. We are aware that partners are mostly on their way out but
we have no choice but to rely on the Ministry of Finance," he
said.
"We used to have a situation where we had a 3 year supply for
everyone whom we put on ART but that has been reduced. By year end 66 000
people will not be able to access their medication.”
An official with
the Zimbabwe National Netowrk for People Living with HIV/AIDS (ZNNP+),
Memory Chigunye, said people living with AIDS (PWAs) like herself were
alarmed the development and urged the government to move with speed to
addres address the funding problem.
"We are greatly alarmed when the very
people who are in the forefront show us that there is a crisis that they
have no solution to,” she said.
“Where will the Treasury get the money to
save the 66 000 lives that are at risk? Why didn't they put alternative
mechanisms in place when the donors told them they would no longer fund the
programme?"
A decision by the World Health Organisation (WHO) to increase
the CD4 count level to 350 from 200 is also said to have excluded thousands
people in need of treatment from the programme.
Meanwhile, Dr.
Tapfumaneyi also lamented delays by the Ministry of Finance in releasing
funds raised through the AIDS levy.
"Unfortunately, we never get the
funding that we believe is adequate. This year we have not got funding for
any of our programmes," he said.
"We continue to rely heavily on the
Ministry of Finance because we cannot collect money from our people because
they do not have any."
As he teeters on the brink of the end of his
life-long political career, President Robert Mugabe is still using the
tactics of divide-and-rule that have served him so well in the
past. 23.05.1211:58am by Staff Reporter
Despite official
denials, political analysts are certain that he is about to reshuffle his
Politburo in a desperate attempt to weaken potential challengers to his
throne. A new Politburo was scheduled to be announced just after the death
of former army commander and Zanu (PF) kingmaker Solomon Mujuru last
year.
He had for a long time been seen as the leading figure in a faction
gunning for the presidency of the party and the country. He died in a
mysterious inferno at the farm he had occupied.
Throughout his tenure
as the iron-fisted ruler of Zimbabwe, Mugabe has encouraged factionalism as
a strategy to maintain his grip on power. He has successfully played one
group off against another – thus keeping himself in an unassailable position
as head of both party and state.
This strategy worked fine in the days
when Zimbabwe was a de facto one-party state. But now that there are other
political parties in the mix, factionalism has weakened Zanu (PF) to the
point where it appears likely to implode.
The hatred among the
various factions of the party is now so strong that Mugabe is the only
person acceptable to all – despite the fact that they all want him to go. He
is the glue that holds the party together – and everybody knows
it.
For years now Mugabe has offered one excuse after another to maintain
his position. At one time he said he couldn’t go before finishing the land
“reform” programme. Then he said he had to see the indigenization exercise
through – making sure some Zimbabweans were wealthy. Now he says he can’t go
because factionalism would destroy the party.
John Makumbe, a
political scientist and University of Zimbabwe lecturer, said Mugabe was
likely to trim the old guard to make way for more Young Turks.
‘‘It
is clear that he is increasingly seeing the old guard—the likes of Emmerson
Mnangwa, Sydney Sekeramayi and Didymus Mutasa—as problematic. He knows that
they need to be diluted with new blood,” said Makumbe.
‘‘But by moving to
get more of the so called Generation 40 into the Politburo, Mugabe is in a
fix. He knows he cannot really trust the Young Turks - yet they are crucial
for the party’s resurgence, if it will ever come,’’ he added.
He
singled out the likes of Saviour Kasukuwere, Walter Mzembi and Christopher
Mutsvangwa as some of the young leaders who are “unguided missiles”.
Kasukuwere, who holds the indigenisation brief in the current Politburo, was
fingered by Wikileaks as having several years ago admitted to a western
diplomat that Mugabe should go.
The Politburo is dominated by the old
guard, most of whom participated in the 1970s war of liberation. Many have
been rejected by the electorate and have had to be appointed by Mugabe as
senators in order to take up ministerial posts.
Defence Minister
Emmerson Mnangagwa, once considered Mugabe’s blue-eyed boy, has failed to
win his KweKwe seat since 2000. Despite being dependent upon Mugabe’s favour
for his political position, he recently indicated his wish to replace
him.
Makumbe said Mugabe could afford the luxury of side-lining the old
guard.
‘‘His real power at the moment lies with the army and security
forces. For as long as he keeps them on his side, there is not much people
like Mnangagwa can do,’’ he said.
The problem, Makumbe added, was
that some members of the army and security figures Mugabe relied upon to
keep him in power were aligned to factions led by the old guard. There have
been reports that Constantine Chiwenga, the Commander of the Defence Forces,
is now leading a ring of hardliners in a quest to take over as president.
ZIMBABWE’S tourism industry is now the fastest growing in
the world after China, contributing 8.2 percent to the Gross Domestic
Product (GDP), cabinet minister has said.
In an interview Tuesday,
Tourism Minister Walter Mzembi said the latest figures from the World Travel
and Tourism Council (WTTC) show that tourism’s contribution to Zimbabwe’s
GDP would average 8.2 percent for the next decade.
"This makes
Zimbabwe the second fastest growing tourism industry in the world second
only to China. It is a favourable rating by any standard but we have to work
hard to maintain those figures as the test of the pudding is in the eating,"
said Mzembi.
WTTC is a forum for business leaders in the Travel and
Tourism industry who work to raise awareness of travel and tourism as one of
the world's largest industries, supporting 255 million jobs and generating 9
percent of world GDP.
Mzembi was elected President of the African
Travel Association (ATA) for the next two years at the association’s annual
conference in Victoria Falls.
Zimbabwe Tourism Authority chief executive,
Karikoga Kaseke said used the conference helped give potential investors a
better understanding of opportunities in the country’s tourism and
hospitality sector.
"The hosting of this prestigious congress by Zimbabwe
is another great stride in the right direction as we look to enhance growth
and development in the tourism sector," Kaseke said.
ATA last held
its congress in the country in 1988. The meeting is largely seen as an
opportunity to market to
Vendors and informal beer sellers here
are doing brisk business, albeit illegally, selling cigarettes and opaque
beer smuggled from neighbouring Zimbabwe. 23.05.1207:56am by Chris
Ncube
Trade in such commodities is commonplace in Berea, Hillbrow
and Yeoville, the populous Johannesburg suburbs where most Zimbabweans in
South Africa live. While cigarettes smuggled from Zimbabwe have been sold on
Johannesburg streets over the years, a survey by The Zimbabwean established
that the traders have also found a viable market for opaque
beer.
Investigations established that syndicates, mostly informal
transport operators commonly known as omalayisha, were smuggling the beer
through the porous Beitbridge Border Post. They take advantage of poor
security or pay bribes to corrupt customs officials to facilitate the entry
of the goods.
They also pay bribes to police officials operating on the
highway between the border town of Musina and Johannesburg to avoid
confiscation of the beer. Once in the capital, where Chibuku Scud and
Ingwebu Calabash have proven popular, the beer is sold discreetly at the
termini where omalayishas operate.
Some shebeen operators buy in bulk
for resale. The products cost R15 - close to double the price they fetch
back home. “The R15 price enables us to break even and covers the money lost
through bribes to facilitate the entry of the beer,” said a malayisha who
sells opaque beer.
“Business is brisk, particularly among the low-income
earners who cannot afford bottled beer. Business is running so fast that I
have to go to Zimbabwe on a weekly basis to restock,” he
said.
Hillbrow Police warned against such practices saying the culprits
would be dealt with. While beer smuggling is taking root, it is the
smuggling of cigarettes that remains one of the biggest headaches South
Africa faces.
The South African Revenue Services believes government
loses R2 billion in tax revenue to this practice. SARS spokesperson, Adrian
Lackay, recently told the media that illicit cigarettes were being smuggled
into South Africa mainly from Zimbabwe.
Widespread corruption at
entry points and along the porous Zimbabwe-South Africa border makes it easy
for the smuggling of contraband that also includes minerals, agricultural
products, guns, clothes and food items.
Some delegates
and Zimbabwean government officials who attended the five-day 37th annual
congress of the Africa Travel Association which ended Tuesday in Victoria
Falls say the event was a success though there is need to engage the
international community on political issues scaring away tourists.
The
delegates said as Zimbabwe assumes the presidency of the association, it is
necessary to now extensively market the country to potential tourists in
Europe and North America.
The congress identified lack of direct
airlines to Zimbabwe and tough barriers of entry into the tourism market as
hindrances for promoting the sector.
Ilala Lodge manager Siphambaniso
Moyo who attended the event told VOA Studio 7 Zimbabwe also needs to create
a conducive business environment for airlines and other
entities.
Tourism Minister Walter Mzembi said Zimbabwe hammered a $10
million deal with Wilderness Safaris for upgrading hotel infrastructure in
Victoria Falls.
The more than 600 participants who attended the ATA
event included tourism ministers and industry experts representing tourism
boards, tour operators and their product development executives, front-line
agents, ground operator companies, airlines, and hotels.
The Africa
Travel Association (ATA) is the leading global trade association promoting
travel and tourism to Africa and strengthening intra-Africa
partnerships.
Established in 1975, ATA serves both the public and
private sectors of the international travel and tourism industry. It
partners with the African Union Commission (AU) to promote
the sustainable development of tourism across Africa.
Zimbabwe Prime Minister
Morgan Tsvangirai has put to rest speculation about his love life after
customarily marrying Elizabeth Macheka, daughter of Zanu PF Central
Committee member Joseph Macheka.
Mr. Tsvangirai’s spokesman, Luke
Tamborinyoka, told VOA the Prime Minister paid lobola a few weeks ago and a
ceremony to welcome Elizabeth into the Tsvangirai family was held over the
weekend in Buhera, his rural home in Manicaland province.
On Monday
the Prime Minister officially introduced Elizabeth to his ruling partner
President Robert Mugabe and his deputy Joice Mujuru.
Mr. Tsvangirai was
in a marriage muddle last year when he paid some dowry to businesswoman
Locadia Karimatsenga-Tembo's family.
Just 12 days after marrying
Karimatsenga-Tembo, Mr. Tsvangirai split with her saying he suspected it was
sting intended to damage him politically.
The state-controlled Herald
newspaper reported at the time that Mr. Tsvangirai paid $36,000 and five
cattle lobola but no details have been released of the new
marriage.
In splitting from Karimatsenga-Tembo, Mr. Tsvangirai said: "My
genuine intention has been betrayed, and hearts have had to search long and
hard for the true meaning of this well-choreographed drama that has now been
hijacked to cause political damage to my person and
character."
Tamborinyoka told VOA's Studio 7 reporter Jonga Kandemiiri
that many now hope Elizabeth will assume the motherly role that Susan, the
Prime Minister's late wife, played in her husband’s MDC formation and the
country as well.
Both Mr. Tsvangirai and Macheka lost their spouses
in car crashes.
Reverend Levy Kadenge of the Methodist Church in Zimbabwe
said Mr. Tsvangirai’s new status will bring more respect.
The new democratic people driven constitution is one of the
deliverables of the Global Political agreement. For over three years
Parliament through the Parliamentary Select committee has been working on
this programme.
The Government of Zimbabwe as well as the development
partners have invested millions of dollars into this process. Just a few
weeks ago, Copac produced its first draft constitution and everyone was
happy that the long awaited constitution was slowly becoming a reality.
Unfortunately Zanu PF and its military junta have started making determined
efforts to derail this program.
Methods employed by Zanu PF to derail
the program include massive propaganda against the process channelled
through the state media, unwarranted attacks on the donor community and the
intimidation of the Parliamentary Select Committee members by some sections
of the military.
Recently Zanu PF brought to Copac what it termed its
position paper in a bid to drastically change not only agreed positions but
the views of the people. Zanu PF pretends as if it was not part and parcel
of this first draft constitution.
It is common knowledge that Copac
embarked on a comprehensive outreach program in which it sought to solicit
the views of the people of Zimbabwe. At the end of that program Copac had
national data comprising data gathered at outreach meetings, views from all
Zimbabweans at home and abroad.
Views from the outreach program were
compiled by an inter party technical team and that marked the drafting
stage. The constitutional draft which today, Zanu PF tries to disown is a
product of the three GNU political parties.
Below is a summary of the
outrageous demands by Zanu PF:
That the military should be allowed to
play an active part in national politics.
That the president should
appoint commissions without parliamentary approval. That there should
not be a constitutional court as demanded by the people. That there should
not be devolution of power to the provinces. That executive authority must
only vest in the president as opposed to the president and cabinet. That
there shall be no proscription of violence in elections. That the president
shall not be answerable to parliament on deploying troops within and without
Zimbabwe. That there should not be any constitutional limit to the number of
ministerial posts a president can appoint.
These demands run contrary
to the wishes of the people of Zimbabwe.
The MDC applauds the management
committee’s resolve to tackle this problem next week.
The
consequences of Zanu PF’s actions as follows:
Zanu PF is clear that
the people of Zimbabwe will overwhelmingly vote for the draft
constitution. Continued use of the current Lancester House constitution that
has a bias towards Mugabe and Zanu PF. More political chaos as the people
will reject the heavily patched constitution.
As a people’s party,
the MDC calls for the respect and fulfillment of the people’s aspirations as
far as the constitution making process is concerned.
The people’s
struggle for real change – Let’s finish!!!
Zimbabwe is probably the most exciting country
to live in at this point in time. There is no end to the fun and games,
especially on the political front. Never before have we seen Zanu (PF), the
former liberation movement, so disunited, disparaged and desperate than we
see it now. 22.05.1206:32pm by John Makumbe
The fights that
used to take place within that party behind closed doors are now coming out
in the open. The push has finally come to the shove; it is not a nice
picture. Media reports indicate that the succession dilemma has now been
openly discussed in the politburo, complete with naming and shaming. This is
a clear sign that the once formidable political party has now reached such a
level of disintegration that even President Mugabe is shocked and
frightened.
The cut-throat competition pertaining to the elections of
district coordinating committee officials is a case in point, as the two
major factions in Zanu (PF) compete/fight for grassroots support. Naturally,
the national political commissar has been asked to clean up the mess as soon
as possible. This, as we all know, is the time when the job of the national
commissar becomes a high-risk undertaking.
We sincerely hope that
these squabbles will be resolved amicably for the sake of our nation. I do
not hold any brief for the reeling party, but I know very well that an
unstable Zanu (PF) will impact negatively on the whole political system.
Take, for example, the sudden preference for the Kariba draft constitution
and the threat to reject the Copac draft, as expressed by Mugabe recently;
what is the rationale for this?
It is obvious that Zanu (PF) is
disappointed that Copac has managed to draw up one of the most democratic
constitution drafts in the world. They are fully aware that going for
elections under the Copac draft is like tying a noose around their own
necks. They will have less than half a chance of winning even a quarter of
the seats in Parliament. That is why some of them are calling the Copac
draft constitution “a regime change” document.
Spin doctors working for
the Commander in Chief and his disappearing party are doing their best to
discredit the Copac draft. They probably forget that their own political
party has an equal number of representatives on the Select Committee as the
MDC. Speaking on the ZBC weekly programme covering Copac work, Munyaradzi
Paul Mangwana, right at the end of the show aptly cautioned Zimbabweans not
to listen to “…messengers of evil,” a clear reference to some of these paid
spin doctors. So what is the best way forward? My suggestion is that the
nation should be allowed to go for a referendum when the Copac draft is
ready. On the ballot should be the two contending drafts – Copac draft, and
the Kariba draft.
The voters should vote for the draft they prefer.
Whichever draft commands the majority of the votes should be adopted as the
foundation law for this country.
I am certain that, if the plebiscite
is free and fair, the Copac draft will be the people’s choice by a large
margin, even if Zanu (PF) campaigns against it. The people of this country
have reached the stage where they regard anything and everything shunned by
Zanu (PF) as good for them. Chabvondoka. - makumbe60@gmail.com
What is it that they find disagreeable about the
proposed Constitution? COPAC last week announced a deadlock in the
constitution-making process.
The impasse
apparently emerged after ZANU PF came back from their inter-party consultation
process with substantive amendments that would change the draft constitution in
a significant way. This comes after months of negotiations in which all parties,
including ZANU PF, participated and agreed the substance of the draft
constitution.
A key area of
contestation is the President’s Office. The problem is a circumstance of our
recent history. Save for the first seven years of the ceremonial Presidency,
when the office was occupied by Reverend Banana, the office of the Executive
President has been occupied by one man: Robert Mugabe. It’s fair to say his name
has almost become synonymous with the Zimbabwean Presidency.
When therefore,
reforms are suggested in the Office of the President, some see it not as reform
of a national institution but rather as an attack on President Mugabe the man.
When suggestions are made to make the Office of the President more accountable
to the people through Parliament, it is seen as a direct attack on President
Mugabe.
There is no
separation between the institution of the Presidency and the individual holding
that office. Forgotten in all this is that President Mugabe is not going to
occupy the President’s Office forever; that someone – another person will one
day sit in that office. The focus must therefore be on the institution rather
than the individual. When discussing the Presidency, we must be asking
ourselves: What kind of President do we want? Do we want a President with
extensive powers, unlimited by Parliament or do we aspire for a Presidency that
is accountable to the people through their representatives in
Parliament?
I believe that we
must make a constitution to save ourselves from ourselves. This is because
history has proven that humankind cannot be trusted with unlimited power. We
have to put in place checks and balances to save ourselves from our own
excesses.
To identify the
differences, I have worked through the COPAC Draft Constitution and compared it
with the present Constitution in regard to the Office of the President. My
assessment is that there are significant differences and further, that the Draft
Constitution makes important improvements to the Office of the President, making
it more accountable to the people.
I had drawn a
table so that the comparative assessment would be easy on the eye. But the blog
space did not accommodate the table well – it became an eyesore – so I decided
to change format. Instead of presenting all the issues, I will start with the
first seven to be followed by more tomorrow.
Issue 1
Executive Authority
Current Constitution
There is no specific
clause stating the source of Executive authority
Draft Constitution
Clause 6.1 (1) states that
“Executive authority derives from the people of Zimbabwe …”
Change
The difference is that the
new Constitution specifies the source of executive authority as deriving from
the people of Zimbabwe whereas the current Constitution does not. This is an
important constitutional statement which makes it clear that whoever exercises
executive authority is ultimately accountable to the people because it is from
them that such authority is derived. It means that whoever is vested with
executive authority by the Constitution is exercising authority delegated by the
people of Zimbabwe. He or she exercises such authority at their pleasure. The
people from whom executive authority derives have the right to withdraw it from
whomsoever it is delegated in terms of the Constitution. It reaffirms the
principle of people power.
What they don’t
want:
The firm and clear
constitutional restatement that executive authority derives from the people.
Issue 2
Sharing Executive
Authority
Current Constitution
Section 31H states that
the executive authority of Zimbabwe shall vest in the President which he may
exercise directly or through the Cabinet, a Vice-President, a Minister or a
Deputy Minister.
Draft Constitution
Clause 6.1 (2) states that
the national executive authority of Zimbabwe vests in the President and the
Cabinet.
Change
The difference is that
whereas the current Constitution vests executive authority exclusively in the
President, the new Constitution would vest executive authority in both the
President and his Cabinet.The new Constitution specifically and directly vests
Cabinet with executive authority whereas the current Constitution makes it
exclusive to the President, delegating it to Cabinet as he or she wishes. The
new Constitution means Cabinet will be directly accountable to the people, from
whom, as we have seen, executive authority is derived. It also means Cabinet
will have to take their responsibility more seriously and the President will
also have to take the Cabinet more seriously.
Opponents of this clause feel it dilutes the
President’s executive authority which in their view should be held
exclusively.
What they don’t
want:
That executive authority
is shared between the President and Cabinet and that Cabinet is accountable
directly to the people from whom authority is derived.
Issue 3
Precedence
Current ConstitutionDraft
Constitution
Section 27 states that the
President takesprecedence over all other persons in Zimbabwe.
Draft
Constitution
Clause 6.2 simply states
that the President is the Head of State and Government and the
Commander-in-Chief of the Defence Forces but omits the clause that he shall take
precedence over everyone else.
Change
The difference is that
whereas the current Constitution gives precedence to the President over all
other persons which suggests superiority of one person over others, the new
Constitution omits this anachronistic clause consistent with equality and
non-discrimination provision in Clause 4.7 of the Bill of Rights which states
that “Everyone is equal before the law and has the right to equal protection and
benefit of the law”.There is no need for a provision that gives the impression
that the President is superior to those who elect him or her into office. The
idea that one has precedence over others derives from ancient monarchical
systems and modern democracies ought to be moving away from that archaic system.
What they don’t
want:
That the President is at
law equal to all other persons.
Issue 4
Presidential Duties
Current Constitution
Clause 31H simply provides
for a general duty to be observed by the President.
New Constitution
Clause 6.3 provides for
specific duties to be observed by the President.
Change
The difference is that
whereas the current Constitution makes provision for specific duties that the
President must observe, the current Constitution only provides for a general
duty. Not only does the new Constitution require the President to uphold the
Constitution and the laws of Zimbabwe but it also goes further to specify that
the must respect,o specifiy that he must e Constitution and the laws of
Zimbabwevision for specific duties that the President must observe, the obey and
defend the Constitution and ensure that it is faithfully observed. Therefore the
new constitution creates positive obligations on the President to take positive
steps to ensure respect for the Constitution. If others disobey or violate the
Constitution he must defend and ensure that it is respected. Also different
from the current constitution is the positive duty stated in the new
Constitution that the President must promote the observance and fulfilment of
fundamental human rights. This statement places specific obligations on the
President in the protection of human rights.
What they don’t
want:
The specific duties that
the President must observe, including the duty to promote the enjoyment of human
rights.
Issue 5
Legislative Authority
Current Constitution
Section 32 states that the
legislative authority of Zimbabwe vests in the Legislature which shall consist
of the President and Parliament.
Draft Constitution
Clause 7.1 the national
legislative authority of Zimbabwe is derived from the people and is vested in
and exercised by Parliament.
Change
There are two
differences:First, that unlike the current Constitution, the new Constitution
specifies that legislative authority derives from the people of Zimbabwe.
Second, and more importantly, unlike the current Constitution, the new
Constitution omits the President from the legislature. This means that the
President does not have the authority to make laws unless, of course, Parliament
delegates that power.
It keeps the President away from the law-making
domain of Parliament which is now given this exclusive power, consistent with
the principle of Separation of Powers.
What they don’t
want
The removal of the
President from the legislature and confining the office to executive functions.
Issue 6
Power of Mercy
Current Constitution
In terms of Section 31I
the President has a wide discretion to grant pardons, amnesties, reprieves, etc,
to criminal offenders.
Draft
Constitution
Clause 6.23 allows the
President to exercise the power of mercy but in exercising the power he or she
must consult an Advisory Committee on the Power of Mercy created under the
Constitution.
Change
The difference is that
whereas under the current Constitution the President acts alone in exercising
the prerogative of mercy, under the new Constitution he would have to consult an
independent committee when exercising this power. This acts as an important
check to minimise the abuse of the power of mercy which might be used to grant
pardons to political allies who would have committed offences in expectation of
getting reprieves. This would otherwise encourage a culture of
impunity.Secondly, by substituting the terminology of “prerogative of mercy”
with the new formulation of the “power of mercy”, the new Constitution moves
progressively away from the language and culture of prerogatives deriving from
ancient monarchical systems. It also opens the door for the judicial review of
the exercise of such powers. Judicial review is a known important check on the
exercise of executive power.
What they don’t
want:
Subjecting the President’s
exercise of the power of mercy to checks and balances and modernising the
language and concepts in the Constitution.
Issue 7
Presidential Terms of
Office
Current Constitution
No term limits.
Draft Constitution
Clauses 6.4 and 6.8
provide that a President will serve a maximum of two terms of five years
each.The Constitution also provides that a person who has served at least three
years will be deemed to have served a full term
Change
Change
The difference is that
whereas the new Constitution would provide for maximum term limits for the
President, the current Constitution provides for unlimited terms.
What they don’t
want:
Presidential term limits
allowing for life presidency.
As the nation transitions to
democracy, longtime Mugabe foe David Coltart has an upfront view of Zimbabwe’s
tyrant in his sunset years.
Most of the world
regards the 88-year-old president of Zimbabwe, Robert Mugabe, as a doddering
sadist, the man who once had a servant kneel at his
feet in front of foreign dignitaries after bringing him a
bowl of water to wash his hands.
It’s no wonder
Mugabe was one of the
inspirations for Sacha Baron Cohen’s new film, The
Dictator.
But in an
exclusive interview, one of Zimbabwe’s most renowned human-rights lawyers, a
longtime foe of Mugabe, said the dictator has his
charms.
In the 1980s,
David Coltart, who is white, represented dozens of families of people who the
regime had “disappeared.” He drafted a devastating report in the 1990s accusing
the government of overseeing a genocide.
Coltart’s activism
earned him the enmity of Mugabe’s regime. The dictator denounced him on state
television in 1998, and in 2003 a group of armed thugs camped out at his home
and then chased him when he got in his car in what Coltart considers to have
been an attempt on his life.
Today, though,
Coltart finds himself in a different position as the education minister for a
power-sharing government in Harare attempting to make the transition to
democracy. The government, formed in 2009, includes Mugabe but also the longtime
opposition leader, Morgan Tsvangirai. From this new perspective, Coltart has had
an upfront view of Zimbabwe’s tyrant in his sunset
years.
“He is 88 years
old, he is old and frail, but he is not doddering,” Coltart, who also serves as
a senator in the government, told The Daily Beast in an interview. “He chairs
cabinet meetings weekly between 9 a.m. and 12, and he is alert. He has
difficulty getting up stairs. But when I compare him to other 88-year-olds, he
is not doddering.”
“I don’t think he
is a sadist,” said Coltart. “I think he is an ideologue. I think he believes
very firmly in his role of ending white minority rule and to use any means to
achieve that goal. He has done terrible things, but it is always with a
political intent and objective. He has done very cruel things, but not for the
sake of cruelty.”
Mugabe at Zimbabwe
independence celebrations in Harare last April.
(Reuters-Landov)
While Mugabe has
presided over massacres, the expropriation of white-owned land, hyperinflation
and famine in a country renowned for its farmland, Coltart said he has seen the
leader’s human side. In 2010 Coltart’s daughter, Bethany, was attacked by a
lioness at a game preserve and nearly lost her arm. “In that instance, Mugabe
called me aside wanted to know what medical treatment she was receiving and
showed incredible compassion,” he said. “When my mother died, he expressed
sympathy and was supportive. I could tell it was not put
on.”
Coltart also
recalled a political moment of decency by the Zimbabwean president. When he
became minister of education in 2009, Coltart said, “We were in danger of seeing
a lost generation.” The previous year, there had been only 26 days when students
actually attended school. And yet in 2010, the U.N. Development Programme
ranked
Zimbabwe as the country with the highest literacy rate in
Africa. The ranking was meaningless, Coltart said, but members of Mugabe’s party
touted the figure to claim their education policies were
effective.
“Mugabe came in
and actually backed me up on this,” Coltart said, as the president told members
of his own political party, “We cannot afford to rest on our
laurels.”
“He has done
terrible things, but it is always with a political intent and objective. He has
done very cruel things, but not for the sake of
cruelty.”
Despite such
moments of civility, Coltart said he has never really confronted Mugabe over the
attempts on his own life, or the abduction of one of his aides more than 10
years ago.
“The closest I
came to discussing this was in February 2009 when I had a one-to-one meeting,”
Coltart said. “I told him a lot of water had flowed under the bridge, but it was
now time to move the country forward.” Coltart added that had he addressed the
incidents, he thought Mugabe would have just denied his
actions.
“I am a
human-rights lawyer, I know crimes against humanity have been committed in our
country; they have been perpetrated by people I have to meet with every week,”
Coltart said. “The way I rationalize this is that in 2008 Zimbabwe was lurching
towards being a failed state ... I believed in the interest of saving lives, of
preventing the country from being utterly destroyed, it was necessary to
compromise.”
Eli Lake is the
senior national-security correspondent for Newsweek and the Daily Beast.
He previously covered national security and intelligence for the Washington
Times. Lake has also been a contributing editor at The New Republic
since 2008 and covered diplomacy, intelligence, and the military for the
late New York Sun. He has lived in Cairo and traveled to war zones in
Sudan, Iraq, and Gaza. He is one of the few journalists to report from all three
members of President Bush’s axis of evil: Iraq, Iran, and North
Korea.
Yesterday, I had
the chance to speak with David Coltart, Zimbabwe's Minister of Education, Sport,
and Culture. A human rights lawyer who campaigned against the regimes of Ian
Smith and Robert Mugabe, Coltart was a founding member of the Zimbabwe's main
opposition party -- the Movement for a Democratic Change. He was among the MDC
politicians, led by Prime Minister Morgan Tsvangirai, who entered government in
an uneasy coalition with Mugabe's Zanu-PF following the disputed election of
2008.
We discussed why
he opposeses economic sanctions, why it would be dangerous for Mugabe to exit
the scene too quickly, and an unlikely role model for democratic transition:
Robert Mugabe
has called for elections to be held this year. Is the MDC preparing for them?
The call for
elections comes from hardliners within Zanu-PF. It doesn't enjoy support from
moderates within Zanu-PF, SADC [the Southern African Development Community], or
South Africa. If Robert Mugabe decides to align himself with the hardliners,
there's going to be a very high political cost to pay in terms of his support in
the region.
There's also a
financial cost they haven't confronted. The country's on a shoestring budget
because we've adopted the U.S. dollar -- we can't print our own money. So
they're going to have to find money from somewhere. What the region, all of us
in the MDC, and even moderates within Zanu-PF are saying, is that the process of
constitutional reform must be completed, the reform of electoral processes must
be completed. Once that's happened, then fresh elections must take place.
If they do go
ahead with these elections, they will be on the basis of the old laws. We may
not even contest those elections. So one will be left with just another crisis.
It won't resolve the political situation.
Robert Mugabe's
health has been the subject of a lot of speculation lately. Does that factor
into your political planning?
The bottom line is
that he's 88. He's old and he's clearly tiring. But from what I've seen, he's in
remarkably good health. So I don't think it helps to plan around Robert Mugabe.
I think one should make the assumption that he's going to be part of the
short-to-medium term political environment.
One of the ironies
is that Mugabe is necessary in the short term. If he went suddenly, the
divisions between Zanu-PF would come out in the open and cause a lot of turmoil.
I think that there are many within Zanu that recognize that he's the glue that
holds the party together.
Some might say,
"great, let Zanu fall apart." But there's a danger that it would fall apart in
such a way that there would be a lot of strife and the military would use
unscrupulous means to stay in power.
It seems to me
that certainly within the cabinet there's a fairly strong moderate wing forming
under Vice President [Joice] Mujuru. Whilst I don't
agree with many of the policies, on some of the basic issues they clearly are
committed to seeing this reform process through and are even prepared to
contemplate the loss of power.
It's been over
three years since you entered into this unusual power-sharing government. Do you
think it's possible to say now whether it's been a success?
One needs to go
back to where we were in 2008. Zimbabwe was lurching towards becoming a failed
state. There was hyperinflation, people flooding out the country, thousands
losing their lives to cholera, the prospect of virtually a lost generation. In
that context, despite all the problems, we've achieved a great deal. We've
stopped the cholera epidemic, we've reopened hospitals and clinics, we're
dealing with sewerage issues in cities, we're getting clean water to people in
cities.
Take education.
When I took over I had 8,000 schools closed and 90,000 teachers on strike.
Education was facing total collapse. We've got every single school open we've
progressively increased the salary of teachers, we've got the textbook-to-pupil
ratio down to one-to-one.
The same with the
economy. We had hyperinflation in 2008. This year's it's down to four percent.
Bank deposits are growing. Don't get me wrong. The economy is still in extreme
crisis. I liken the country to a jumbo jet that was in free-fall and we've
leveled it out about 200 meters above the ground. We could stall again but we
are gradually gaining altitude.
What are you
looking for from the international community?
First, sanctions
should go. They've outlived their purpose. They were always symbolic in many
respects and their primary purpose was to stigmatize those responsible for human
rights abuses. That stigma will not be removed with the removal of sanctions.
Ironically, sanctions are being used by hardliners as an excuse for ongoing
economic woes. Of course, it's a lie. But for a country that' starved of
information, it's a lie that people sometimes believe.
The second thing
is that the international community needs to support the social ministries
within the country and civic organizations -- not political parties -- that are
working to get a new constitution and get better electoral laws. Take education.
The United States in the last three years has put in a million U.S. dollars. In
relation to other countries, that's minimal. Germany has put in $18 million.
Finland has put in over 10 million euro. The contribution of the Germans and the
Finns has had a profound impact. Not just an educational impact but a kind of
peace dividend that shows people something can be gained through a fragile but
slow process of democratization.
If there's
improved health, and sanitation, and education, Robert Mugabe and Zanu-PF are
not going to get credit for that.
What are your
main priorities right now on education?
Our primary goal
this year is to make conditions for learning safe. We're looking at the
provision of water and sorting out sanitary conditions for children. We've had
two decades of neglect. So the physical buildings are collapsing. We need to get
toilets working, provide clean water, and repair roofs and windows. Nothing
grand, just stabilization.
We've just pushed
through a medium-term plan that has been approved by cabinet. A key component is
keeping teachers on board. We lost 20,000 teachers in 2007 and 2008. We've
attracted a lot of them back but we need to do a lot more.
How would you
assess America's role in Zimbabwe's democratization?
I thinks its
important to emphasize consistency in foreign policy. America's attitude toward
apartheid was to support the process [of reform.] People have very short
memories. We've forget about Magnus Malan and the military leaders
in South Africa, but the process succeeded because the international community
embraced it. We haven't seen this process [in Zimbabwe] being embraced by the
United States in the same way.
Even currently,
there's an inconsistency. We see the U.S and Great Britain opening up with
Myanmar. The military is still in effective control there -- more overtly in
Burma than in Zimbabwe. At least in Zimbabwe we have the fig leaf of a civilian
government. In Burma you don't even have that. Despite that, there's
encouragement for the process. I don't see that happening in Zimbabwe. All we
ask for is consistency.
Do you think
that the kind reform from within we've seen in Myanmar over the past two years
could be a possible future trajectory for Zimbabwe?
The great fear
about Zimbabwe is that we could revert to what Burma was prior to this period of
relative enlightenment -- that the military will exercise their power directly.
Having said that, I think we're far further down the road than Burma in terms of
a new constitution. Morgan Tsvangirai has had a lot more effective power than
Aung San Suu Kyi. We've got actual control of whole ministries. So I think if
the international community supported that process more proactively, one could
argue we have an even greater chance of getting to effective democracy.
Bill Watch 22/2012 of 23rd May [Urban Councils Amendment Bill suspended sub judice: Parliamentary Update]
BILL WATCH 22/2012
[23nd May 2012]
The House of Assembly has adjourned until Tuesday 5th
June
The Senate has adjourned until Tuesday 12th
June
Private
Member’s Bills
Speaker’s
Sub Judice Decision
Private
Member’s Bill to amend Urban Councils Act suspended pending Supreme Court
decision
On
Tuesday 15th May – the first sitting of the Parliamentary week – before any
other business, the Speaker informed the House that debate on the Private
Member’s Bill to amend the Urban
Councils Act was suspended.His
announcement read “following
the Minister of Local Government, Rural and Urban Development’s decision to
approach the Supreme Court regarding the proposed amendment of the Urban
Councils Act, debate stands suspended in terms of Standing Order 62(d)until a judicial decision on the matter has
been made.”There was no discussion.The Bill is now listed at the very end of the
House of Assembly’s Order Paper, where it will remain until there are further
developments.It is impossible to
predict how long this suspension will continue.The Minister’s application seeks a Supreme Court order stopping further
consideration of the Bill; he claims that during the subsistence of the GPA it
is unconstitutional for private members to introduce Bills.[For
comments on the Minister’s application,
the sub judice rule and the implications for the principle of separation of
powers and Parliament’s legislative efficiency and efficacy,
see Bill Watches 20 and 21/2012 of 15th May.]
Possible effect on other Private Member’s
Bills
There are other Private Member’s Bills before Parliament, neither of
which was discussed last week:
·POSA
Amendment BillThe Senate is part of the way through a
debate on Mr Gonese’s motion to restore this Bill to the Senate Order
Paper.The Bill – passed by the House of
Assembly over a year ago – lapsed at the end of the last Parliamentary session
in September 2011.
·Proposed
Private Member’s Bill to repeal section 121(3) of Criminal Procedure and
Evidence ActThe House of Assembly is part of the way
through its debate on Mr Gonese’s motion requesting leave to introduce this
Bill.
It remains to be seen whether the two presiding officers of
Parliament – the Speaker and the President of the Senate – will apply the sub judice rule to suspend discussion of
these Bills also on account of Minister of Local Government, Rural and Urban
Development’s pending application in the Supreme Court.[Note: Although the Minister’s application specifically
refers only to the Urban Councils Amendment Bill, a court ruling in favour of
his main argument would stop all Private Member’s Bills as long as the GPA
lasts.If these Bills too are affected,
important reforms will be considerably delayed as finalisation ofapplications to the Supreme Court often takes a long
time.]
No
Movement on Key Government Bills
There
was no discussion of the two key Government Bills on the House of Assembly Order
Paper:
·Zimbabwe
Human Rights Commission BillThe Committee Stage of this Bill was expected
to start on 17th May, but the Minister of Justice and Legal Affairs, who is the
responsible Minister, did not attend.The Minister has already tabled amendments he intends to propose for
adoption during the Committee Stage; these include changes to meet objections
from the Parliamentary Legal Committee [PLC] [for
details see Bill Watch 14/2012 of 28th March].This
is an urgent Bill – as the Human Rights Commission chairperson told the
visiting UN Human Rights Commissioner Navi Pillay during their meeting
yesterday.He said the Commission cannot
start work until this Bill has been enacted into law.
·Electoral
Amendment BillThe PLC’s adverse report on this Bill,
announced by the Speaker on 27th March, means that the House cannot proceed to
the next stage [Second Reading] of the Bill until it has considered the adverse
report and decided whether or not to adopt it.The fact that there is an adverse report has been announced in the House,
but the report was not tabled for discussion.If the House adopts the adverse report, any clause found to be
inconsistent with the Constitution will have to be dropped from the Bill or
amended so as to remove the inconsistency.[Note:
The official text of the PLC report isnot
available until PLC chairman has tabled it in the House.] In
the past it has sometimes been the practice for the Minister responsible for a
Bill to hold discussions with the PLC and agree to introduce amendments himself
which will obviate the need to table an adverse report.This happened with theZimbabwe Human Rights Commission Bill
[see
above].
Last
Week in the House of Assembly
The
House sat on three afternoons last week, on the 15th, 16th and 17th May
BillsThe
two other Government Bills on the House of Assembly Order Paper did not come up
for discussion:
·National
Incomes and Pricing Commission Amendment BillThis is waiting for the introductory speech
from the Minister of Industry and Commerce Welshman Ncube.The Bill was introduced during the last
Parliamentary session, which ended in September 2011.This Billhas
been on the Order Paper for many months without any move from the
Minister.
·Older
Persons BillThis Bill still awaits the PLC’s report.It was referred to the PLC on 20th
March.
International
Agreements Approved
The
House approved two agreements in terms of section 111B of the
Constitution:
·International
Plant Protection Convention of November 1997
·Convention
for the Establishment of the African Centre for Fertilizer Development of
1985.[Zimbabwe hosts this centre.It has been operational since
1991.]
Motionson Portfolio Committee reports took up most
the House’s week:
Willowvale
FlatsThe committee chairperson wound up the
debate and the motion was adopted.
Vocational
Training CentresThe Portfolio Committee’s report, based on
visits to 14 centres countrywide, was introduced by its chairperson and was
debated at length.Underfunding,
lack of resources and loss of land to the land reform programme were noted, as
well as previous misuse of VTCs for partisan political purposes during election
campaigns.MPs of all parties supported
the VTC concept as long as that misuse was avoided.
Local
authority service delivery in Gutu and ChiredziThe committee’s report was presented by its
chairperson.Debate will follow when the
House resumes.
ZIMRA
operations at border postsThe committee’s report was presented and
sparked lively debate from MP of all parties.Debate will continue when the House resumes.
[All
these reports available from veritas@mango.zw
– please specify which is/are required.]
Question
Time [Wednesday]This
tookup the first two hours of the
sitting, with Deputy Prime Minister
Mutambara fielding many of the questions in the absence of other Ministers.Of interest was his response to a question on
the election road map [this
will be covered in detail
in
the next
Bill Watch].He read out a reply from the Minister of
Transport explaining the “new” motor vehicle registration number system, but not
the current innovations affecting vehicle licensing.The DPM also talked about the need for a
proper valuation of mining rights, relating this to the problems over ZISCO and
ESSAR’s iron ore mining rights.Minister
of Energy and Power Development Elton Mangoma responded on power shortages and
related issues, citing failure to maintain and development infrastructure for
decades, and revealing that the Batoka Gorge hydro-electric power project could
proceed soon.On the Chipinge ethanol
project he referred to the confusion prompted by the involvement of several
Ministries.
Last
Week in the Senate
The
Senate also sat on three afternoons last week, the 15th [for 23 minutes
only],16th and 17th May.
Bills
POSA
Amendment BillThis agenda item was adjourned without
discussion [see
above in Private Member’s Bills].
Other
Bills
There were no other Bills on the Order Paper.The Senate is waiting for Bills from the House of
Assembly.
International
AgreementsOn the 17th May the Senate approved the two
agreements approved by the House of Assembly earlier in the week [see above].
MotionsDebate
continuedonmotions on Thematic Committee reports
on (1) the provision of education in resettled areas and
(2) the ARV therapy roll-out programme, and on Senator Mohadi’s motion calling
for assistance to farmers in drought-stricken agricultural region
5.
Question
Time [Thursday]Questions
without notice took up an hour of the sitting on 17th May, with Deputy Prime Minister
Mutambara providing the answers.On
electricity supply problems he said the long-term solution lay in hydro-electric
power, e.g., the Batoka Gorge project with Zambia [7 years to complete once
agreed], and the Inga Dam project in the DRC [which would have the capacity to
supply not just Southern Africa but the entire continent and therefore needed
regional and continental co-operation].On resuscitating industry in Bulawayo, he mentioned the slow draw-down
from the $40 million Distressed and Marginalised Industries Fund on account of
stringent conditions set by banks.
Government Gazette 18th May
Acts and BillsNone
Statutory Instruments [electronic copies NOT available from Veritas]
Local authority rents and charges by-lawsChinhoyi Municipal Council
[SI 90/2012]
Other local authority by-lawsBindura [clamping and
tow-away by-laws – SI 87/2012]. Bindura [hairdressers shops – SU 88/2012];
Chinhoyi [cemeteries charges – SI 91/2012]; Gokwe [cemeteries – SI 86/2012]
General Notices
Government financial statementsGN 165/2012 notifies the
publication as supplements to the Gazette of the Government’s consolidated
statements of financial performance for the month and quarter ending 31st March
2012.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied
