One of the most powerful methods of currying favour with potential voters in a country wreaked with severe drought and hunger is the issuing of farming supplies and food.
In the footage below, various meetings are recorded in which both Zanu-PF and the MDC use the promise of farming supplies to loyal and often desperate supporters in a bid to secure votes in the scheduled elections in July.
In a country that was once hailed as the 'bread basket' of Africa, many believe the political influence of the ruling and opposition parties has ironically created the humanitarian food crisis they claim to be able to solve through the sparse distribution of farming supplies, particularly maize seeds.
People interviewed in the footage said that food aid is dependent on their political leanings, and one MDC supporter said only the Zanu-PF supporters got grain to plant, and that if you were an MDC supporter, the ruling party would not support you.
Further questions are also being raised as to where the political parties are getting the supplies used in the campaign as there is a huge shortage nationally that has required humanitarian organisations to intervene by supplying food supplies, some say the same that the parties are using to gain votes for the upcoming election.
The African Development bank warned in April this year that Zimbabwe’s food reserves had been depleted, and that at least 1.6 million people relied on food aid in the country.
http://www.swradioafrica.com/
By
Alex Bell
SW Radio Africa
30 May 2013
A Chinese firm that was
granted a special permit to begin mining activities
in the Gwayi
Conservation area is set to go ahead with its major development
plans,
despite warnings of the devastating impact such activities will have
there.
The warnings have been made predominately by conservation
groups ever since
news of the mining plans surfaced. The firm, a joint
venture between the
Chinese and a Zimbabwean company, was granted special
permission by Robert
Mugabe in 2011 to undertake a major project, including
coal mining, methane
gas extraction and thermal power generation.
The
firm, China-Africa Sunlight Energy, is run by retired army Colonel
Charles
Mugari, and it is suspected that his military links have seen the
project
being given the all clear. Mugari has insisted that he has done
everything
legitimately and has followed the proper environmental assessment
procedures. But there are serious questions being asked about an
Environmental Impact Assessment report that approved the firm’s
plans.
Stakeholders in the Gwayi area have said they have been side-lined
from the
assessment process and accused Environment Guardian Services (EGS),
which
did the assessment, of dishonesty in giving the project the thumbs
up.
A copy of this assessment, seen by SW Radio Africa, raises many of
the same
concerns voiced by conservation groups, pointing to negative
effects like
river siltation, pollution, erosion, community displacement and
even crime
and prostitution. The assessment states that while it is “naļve
to imagine
that developments of this nature cannot degrade the environment,
what is
important is that stakeholders in the situation should work together
for a
win – win situation.”
Johnny Rodrigues, the chairman of the
Zimbabwe Conservation Task Force, said
this week that he doubts the validity
of this assessment and called for an
independent, professional one to be
conducted. Rodrigues told SW Radio
Africa that from the start the process
has been suspicious, and there are
grave concerns about the future of the
conservation area.
“Normally when projects like are done it should be
publicised and a proper
assessment done. The whole deal has been so secretly
done. There are a lot
of things hushed up,” Rodrigues said.
He
explained that the firm has already started fulfilling its plans, saying
“the actual projects are taking place.” He said the destruction is already
under way, despite the assessment only being done in recent
months.
“We should be preserving these areas and try and bring tourism in
because
there is more money in tourism in the long term, because what
happens when
you take the minerals out? Nothing is being explained,”
Rodrigues said.
Meanwhile, there is concern about illegal hunting taking
place in
neighbouring Hwange National Park, where gunshots are still being
heard by
tourists. The Park is home to the Presidential Elephant Herd and is
meant to
be protected from hunting.
Rodrigues said that the mining
projects being dished out in the conservation
areas threatened the safety of
these areas. He speculated that the illegal
hunting might be linked to the
mining activities, in an effort to clear the
area of animals.
See
China Africa Sunlight Energy (Gwayi) – Press presentation -
http://www.swradioafrica.com/Documents/China%20Africa%20Sunlight%20Energy.pdf
http://www.thezimbabwemail.com/
By Nduduzo Tshuma 12
hours 24 minutes ago
DESPITE his love-hate relationship with
President Robert Mugabe, one of Zanu
PF’s founding fathers Enos Nkala
believes the party cannot survive beyond
the aged leader.
In a
wide-ranging interview on Tuesday punctuated by bursts of laughter from
the
former minister, Nkala tactfully ducked questions, with the trade mark,
“I
have not exercised my mind on that.”
Never one to shy away from
controversy, the former Defence minister waded
into the Zanu PF succession
politics, saying he believes Defence minister
Emmerson Mnangagwa is a better
leader than Vice-President Joyce Mujuru.
“Zanu PF is already fragmented,
I am not sure if it will survive if Mugabe
leaves, these factions will grow
beyond what our present politics may take,”
he said.
“Zanu PF is an
old party, it has made many mistakes during the time it has
been in power,
and maybe that is what may cause its defeat in the next
elections.”
Nkala, recently discharged from hospital over heart and
kidney
complications, walks with the aid of a gold-coated stick and
complains that
age has taken the strength from his knees, but the light in
his eyes does
not reflect that the body is ailing.
His eyes light up each
time he speaks of Zanu PF, a party he helped form.
Commenting on
revelations by Zambian Vice-President Guy Scott that Mugabe
wanted to leave
politics, Nkala said Zanu PF would collapse without the
veteran
ruler.
“If he does not stand in the elections, Zanu PF will lose to
MDC-T,” he
says. “You know Mugabe is a good speaker and commands a lot of
respect, if
he leaves and someone takes over I do not know who that is,
maybe Joice
Mujuru, she may not be able to command the respect that Mugabe
enjoys.”
However, Nkala said Mnangagwa was a better-suited leader and
would lead Zanu
PF better in a post-Mugabe era.
“I think Mnangagwa,”
he said. “Well he knew what he was doing, he had a
programme for his own
leadership and I think if he were given the
opportunity to put that
programme into operation, he would have done very
well.”
Pressed if
Mnangagwa has always had ambitions to lead Zanu PF, Nkala said:
“like
anybody else, people have ambitions, they maybe hidden, but they have
ambitions.
“If you dig into them you will find that they have ambitions,
they maybe
loose or solid ambitions.
“Mugabe has done very well and
has been in this game for a long time, his
strengths overcome his
weaknesses.”
Nkala does not believe that grooming a Mugabe successor
would have helped
avoid divisions in the party.
“Do you groom or
someone grooms and projects themselves and become
acceptable?” he said. “I
am not so sure that you can groom somebody, it is
what that individual is
made of.”
The Zanu PF founder ominously said army generals wielded
immense influence
on the country’s politics and he was not certain what
would happen if Mugabe
lose elections.
“I am not sure what would happen
if Mugabe left because the generals have a
lot of influence and some of them
date back to the days of the liberation
struggle,” he said.
Nkala
shares memories of the late Matabeleland North governor Welshman
Mabhena
coming to invite him for Mugabe’s wedding with First Lady Grace.
Mugabe and
Nkala were not on speaking terms then and the President
reportedly sent
Mabhena as an emissary.
“I’m not sure whether really we were not on
talking terms or we had grown
apart,” the former minister said with a burst
of laughter.
Nkala believes that Zapu president Dumiso Dabengwa would
have been an
automatic successor for the late Vice-President John Nkomo had
he not left
Zanu PF.
Blamed in many circles for his involvement in
the Gukurahundi massacres that
reportedly killed 20 000 people, Nkala
believes Dabengwa, charged at the
time with treason alongside Lookout
Masuku, would have even risen to the
presidency of the party and
country.
“I would have thought of Dabengwa himself, but it is hard now
since he left
Zanu PF,” he said. “I do not know whether Naison Khutshwekhaya
(Ndlovu) or
Obert Mpofu would make it.
“I have not been exercising my
mind on those things. It is hard to see
anyone beyond
Dabengwa.”
Nkala said he was not sure whether Simon Khaya Moyo,
considered by many as
the front runner, qualified for the
position.
“But if he rises, he would be acceptable, each person has
qualities that
make for leadership, he cannot just be devoid of those
qualities,” he said.
Nkala defended the late Vice-President Joshua
Nkomo’s signing of the Unity
Accord in 1987, saying the nationalist,
“rescued Matabeleland from violence,
remember there were flashes of violence
so when he went into unity, peace
was established, I think he should be
applauded for that”.
Commenting on Callistus Ndlovu’s appointment to
chair the Zanu PF Bulawayo
provincial structures, Nkala said he had the
ability to turn the party’s
fortunes.
On a lighter note, Nkala says he
cannot wait to lay his hands on the first
edition of the Southern
Eye.
Southern Eye, published by AMH, will be launched on Monday, being
the fourth
paper in the stable after NewsDay, The Standard and the Zimbabwe
Independent. - NewsDay
http://www.dailynews.co.zw/
Thursday, 30 May 2013
10:44
HARARE - President Robert Mugabe ushered in wide sweeping security
sector
reforms when he inked the new Zimbabwe Constitution last
Wednesday.
Eleven security sector clauses immediately kicked into
operation, and
ensures that the security sector’s power is controlled
constitutionally to
ensure that civilians retain control of the affairs of
the State and stamps
out dictatorship by the military.
The new
Constitution now criminalises statements by the country’s security
chiefs
who recently signalled that they would not accept a victory by Zanu
PF’s
opposition, headed by former trade unionist Morgan Tsvangirai.
The army’s
statement was the latest blow to hopes for a free and fair poll
in the
country, which is locked in a deepening economic and social
crisis.
Clause 12.3 (3) of the new Constitution prohibits the security
services or
any of their members from acting in a partisan manner, to
further the
interests of any political party or cause or to prejudice the
lawful
interests of any political party or cause or indeed to violate the
rights of
any person.
“Members of the security services must not be
active members or
office-bearers of any political party or organisation,”
the new Constitution
says.
Parliament is required to enact a law to
ensure the political neutrality of
members of the security
services.
Significantly, the new Constitution sets a maximum threshold of
two terms
for Commanders of the Defence Forces or any of their branches.
Therefore,
the commander of the Defence Forces, the army commander, would
serve for a
maximum of two, five-year terms while there were no
constitutional term
limits in the Lancaster House constitution.
Prime
Minister Morgan Tsvangirai has openly declared that police chief
Augustine
Chihuri, who joined the law-enforcement agency at independence as
a patrol
officer, and Chiwenga, who joined the army as a private under the
name
Dominic Chinenge in 1980, must be relieved of their duties ostensibly
because they were partisan.
But the prime minister lacked the legal
powers to enforce what he wants,
which has been granted in the new
Constitution.
Clause 12.6 (3) states: “The defence forces must be
non-partisan, national
in character, patriotic, professional and subordinate
to the civilian
authority as established by this Constitution”.
The
Lancaster House constitution makes no specific provision for political
neutrality.
The new Constitution specifically has constitutional
rules that separate the
security forces from politics and prohibit partisan
political support by the
security services.
Alex Magaisa,
Tsvangirai’s political advisor, told the Daily News that with
the passing of
the new Constitution, security sector reforms at law have
been accomplished;
what remains is implementation.
“Therefore, while some may continue to
say no to security sector reforms,
the reality at law is that the
Constitution has ushered in security sector
reforms,” Magaisa
said.
“If you look at the Sixth Schedule of the new Constitution, it
actually
mentions section 208 as one of the clauses that came into operation
on the
publication date. This clause regulates the conduct of members of the
security services.
“It was so important that it had to be made
operational from the publication
date rather than from the effective date,
which is a later date. This means
that as of now, section 208 is operational
and requires members of the
security services not to act in a partisan
manner, not to further or
prejudice the interests of any political
party.
“Members of security services are also not permitted to be office
bearers of
any political party or organisation. Section 208 is therefore a
fundamental
piece of security sector reform.”
The Clause 12.5 of the
new Constitution also makes provision for the
establishment of an
independent mechanism for handling complaints against
members of the
security services.
The new Constitution specifically requires that all
the security services
must be regulated by law through Acts of Parliament
and makes a clear
constitutional statement that the conduct of security
services must adhere
to and uphold human rights, democratic values and the
rule of law.
The new Constitution, which replaces the 19-times amended
Lancaster House
constitution, requires that in securing national security,
it must be done
in accordance with the Constitution and the law — which also
includes
international law.
Under the new Constitution, the
intelligence service is recognised and
included as one of the security
services of Zimbabwe whereas there was no
such recognition under the old
constitutional order.
Emphasising political neutrality of the Central
Intelligence Organisation,
Clause 12.16 (2) states that “Any intelligence
service of the State must be
non-partisan, national in character, patriotic,
professional and subordinate
to the civilian authority as established by
this Constitution”.
The new Constitution proscribes the formation of
armed militias and
paramilitary groups outside the structures of established
laws and clearly
states that all armed groups must be formed in accordance
with the law and
must therefore be regulated by and adhere to the
law.
The new Constitution requires that membership of the security
services must
reflect the diversity of the people of Zimbabwe and ensure
that the security
forces reflect the demographic composition of
Zimbabwe.
On deployment of defence forces, Clause 12.8 specifically
requires the
president to inform Parliament within seven days of the
deployment of
defence forces to defend Zimbabwe against external
aggression.
More significantly, the new Constitution prohibits members of
a security
service from obeying an order that is manifestly illegal. There
was no
equivalent provision in the Lancaster House constitution.
For
example, torture is manifestly illegal and if a soldier is ordered to
torture an individual he cannot argue that he was obeying an order because
that order would be manifestly illegal.
Under the new Constitution,
individual members of the security services take
primary responsibility for
his or her actions and has the option to disobey
orders that are manifestly
illegal. - Gift Phiri, Political Editor
http://www.newzimbabwe.com/
30/05/2013 00:00:00
by Gilbert
Nyambabvu
WIN elections first and then you can reform and tweak
the country’s security
services to your heart’s eternal content, Prime
Minister and MDC-T leader
Morgan Tsvangirai was told on
Thursday.
Tsvangrai wants the country’s security establishment “reformed”
before
elections to end his unhappy coalition with President Robert Mugabe
can be
held.
His MDC-T party repeated the call in a statement
Wednesday saying: "Reforms
in the security sector and media have to take
place for the country to hold
free and fair elections.
"Other
processes which need to be observed before election date
pronouncements
include the mobile voter registration and verification
exercises that have
clearly set timelines."
Tsvangirai is frustrated by the unapologetic
partisanship of the country’s
military and other security services top
brass, a fair number of who have
said they would not serve under his command
and would actually work to
prevent the possibility.
But political
activist Margaret Dongo – who fought in the country’s
liberation war –
reminded the MDC-T leader that there was no reform of the,
perhaps, even
more partisan security establishment ahead of the Independence
1980
elections.
“We came from the bush with our soldiers but we inherited the
security
structures that were there and we had to reform the sector when we
were in.
General Peter Walls was in charge and (the late army commander
Retired
General Solomon) Mujuru saluted General Walls,” Dongo said in an
interview
with state media.
“Tsvangirai has to win the elections and
then start his reforms. Look at
South Africa, Zambia, Botswana, Britain and
America; political leaders in
those countries do not demand security sector
reforms as condition for
getting into polls,” he said.
The MDC-T
leader argues that the partisanship of top generals the main
reason he is
not in power, having beaten Mugabe in the first round of the
2008
Presidential elections.
Tsvangirai took 47.9 percent of the vote - short
of the required outright
majority - against 43.2 percent for Mugabe.
The
MDC-T leader however, pulled out of the run-off election, accusing
elements
in the security services loyal to Mugabe of brutalising his
supporters in
the lead-up to the decisive final vote.
He has recently toured the region
to drum up support from SADC leaders in
his bid to force Mugabe and Zanu PF
to allow the re-organisation of the
security services and other reforms he
insists are key conditions for
credible elections.
But Dongo
suggested that the MDC-T leader might have been better off taking
a holiday
cruise.
“South Africa cannot cause the security sector reforms. It’s Zimbabwe
that
will make the changes when it is necessary,” she said.
“The
Global Political Agreement expires next month and he (PM) should just
wait
for the elections and if he happens to win, the he will reform the
security.”
Zanu PF says there is nothing wrong with the country’s
security services and
dismisses as treachery any calls for
change.
Politburo member Jonathan Moyo reiterated the party’s position
saying: “It’s
foolhardy for any politician to think that the security should
be reformed
for the purposes of elections.”
Moyo also warned the
MDC-T leader.
“Security matters in all democracies in the world are not for
public debate.
They are confidential. Raising those sensitive matters to
foreign media is
provocative,” said the Zanu PF strategist.
“He
(Tsvangirai) is influencing other countries to undermine the country’s
security sector … A person does not become immune simply because he is a
candidate.”
http://www.swradioafrica.com/
By Tichaona
Sibanda
SW Radio Africa
30 May 2013
Popular disk jockey turned
politician, Ezra ‘Tshisa’ Sibanda, on Wednesday
scooped the right to stand
as an MDC-T parliamentary candidate for Vungu,
following his convincing
victory in the party primaries.
Sibanda polled 752 votes to beat his
closest contender Mark Moyo who polled
245, while Senzeni Mpofu managed a
paltry three votes. The primary elections
in the Midlands South province
also produced some interesting results.
Elected to stand on an MDC-T
ticket in Mberengwa North was Takavafira Zhou,
the President of the
Progressive Teachers Union of Zimbabwe (PTUZ). A young
medical doctor,
Cumming Hove got the nod to fight former ZBC-TV reporter and
ZANU PF MP for
Mberengwa East, Makosini Hlongwane in the general elections.
It is the
election of Sibanda however that has set tongues wagging both
inside and
outside the country. Once a popular MC in the flashy nightspots
of Bulawayo,
Sibanda has transformed himself from Master of Ceremonies to a
political
newcomer, who never hesitates to say what’s on his mind.
The former Radio
2 DJ will join former radio and TV personalities Eric ‘The
General’ Knight
and James ‘Junior 3’ Maridadi who also prevailed in the
MDC-T
primaries.
An elated Sibanda thanked the people of Vungu for electing him
and assured
them he will work with the community to bring development to the
area. He
said if elected to parliament, he will put the road network
rehabilitation
on top of his development agenda.
He expressed his
sadness that the Vungu constituency has remained
undeveloped since
independence, blaming the ZANU PF regime of neglecting the
area despite
being in power for 33 years.
Sibanda, who is likely to battle it out
against Josphat Madubeko of ZANU PF
in the elections, promised the people of
Vungu that an MDC-T government led
by Prime Minister Morgan Tsvangirai would
do everything possible within its
means to increase development.
‘I
have safely negotiated the first hurdle; the hard work begins with
working
hard to dislodge ZANU PF from Vungu. I urge the electorate to vote
MDC-T so
that development could be accelerated and not to make a mistake by
voting
ZANU PF because it is evident they have no capacity to bring
development to
the area,’ Sibanda.
He continued: ‘Today people are aware. They know what
is good or bad for
them. The real problem in Vungu is that the government
has not been reaching
out to the masses.’
The MDC-T holds two
parliamentary seats in the province and only Amos
Chibaya, the MP for Mkoba,
was confirmed by an electoral college in his
constituency.
The
incumbent legislator for Gweru Urban, Rodrick Rutsvara, failed to get
the
two thirds required for confirmation and will stand in the primary
elections.
Other candidates who were elected to represent the party
in the forthcoming
elections were Davis Shoko (Mberengwa South), Onismo
Manungo (Shurungwi
North), Munyaradzi Mutandavari (Shurugwi South),
Francisco Masendeke
(Chirumanzu), Clever Bhoko (Zvishavane Runde), Ishmael
Jeko (Chirumanzu
Zibagwe) and Michel Timveous (Zvishavane Ngezi).
The
exercise continues in Midlands North Thursday and will move to the three
Mashonaland provinces Friday before Manicaland on Saturday. Masvingo will be
last, next week.
http://www.voazimbabwe.com/
Thomas
Chiripasi
30.05.2013
HARARE — Some aspiring parliamentary candidates,
who lost in the on-going
primary elections of the Movement for Democratic
Change (MDC) formation of
Prime Minister Morgan Tsvangirai, have petitioned
the party’s leadership
seeking a re-run of the polls alleging the process
was fraught with
irregularities.
The official line from the MDC-T has
been that the on-going primaries are
proceeding smoothly and without
incident. But some aspiring lawmakers who
lost in the process think
otherwise.
They are challenging both the process and the outcome of the
elections with
others complaining that the party’s top hierarchy was
shielded from being
challenged though they are not popular in their
constituencies.
One such disgruntled aspirant is Alec Masomera who lost
to the party’s youth
leader Solomon Madzore in Dzivarasekwa
constituency.
But Nelson Chamisa, organizing secretary of the MDC-T, told
Studio 7 from
Kwekwe where he was supervising the party’s primaries in the
Midlands
Province, that all primary polls held so far were
credible.
Similar complaints have been raised in Harare’s Mabvuku and
Mbare
constituencies where former prominent ZBC disc jockeys James Maridadi
and
Eric Knight won the right to stand as MDC-T parliamentary candidates in
this
year’s crucial elections.
Another former disc jockey Ezra
Sibanda also won the right Wednesday to
stand for the MDC-T in Vungu
constituency.
Sources at Harvest House said an appeal has also been
lodged by some
candidates who lost to the party’s Harare provincial
chairperson Paul
Madzore in Glen-View South constituency.
Masomera
told Studio 7 that he now wants the party’s appeals committee to
nullify the
poll results in his constituency. Although allegations of
election rigging
have been raised in Mbare and Mabvuku, appeal letters are
yet to be
submitted to the party’s leadership.
Chamisa said MDC-T leaders will
handle each appeal as it comes, adding doors
are open for those who are
unhappy with both the election process and
outcome.
The MDC-T says it
will hold primary elections for its council
representatives when it has
finished selecting its parliamentary candidates.
Zanu-PF and other
political parties are yet to announce when they will hold
their primaries
although President Robert Mugabe and his party are pushing
for early polls.
http://www.dailynews.co.zw/
By Chengetayi Zvauya, Parliamentary
Editor
Thursday, 30 May 2013 11:12
HARARE - The Zimbabwe Electoral
Commission (Zec) has been summoned to appear
before the Parliamentary
thematic committee on peace and security for an
update on the electoral
body’s preparedness for the upcoming polls.
Zec is the body charged with
conducting electoral processes in the country,
but was exposed during the
abortive three-week mobile voter registration
blitz.
With another
round of voter registration in the offing, legislators are keen
to quiz Zec
to ascertain whether the body has made requisite corrections.
Damian
Mumvuri, Zanu PF senator and chairperson of the committee, told the
Daily
News that Rita Makarau, who chairs Zec, is expected before the
committee
next week.
“We have agreed as a committee that we need to meet all
stakeholders
involved in the running of the elections, and we are going to
be calling
Zec, the Zimbabwe Republic Police and media organisations since
they are
some of the major players in the elections,” said
Mumvuri.
He said the committee has written a letter to Makarau informing
her of the
need to furnish the committee on the finer details relating to
holding
elections.
“We are now in the election season and we need to
know what is happening
from all the stakeholders including Zec,” said
Mumvuri.
Past experiences of violence have seen legislators assume a
proactive stance
as stakeholders are keen on avoiding a repeat of the 2008
election violent
incidents.
“We are concerned that peace should
prevail before and after the elections,
this is why we are also going to
meet the police since they will be working
together with Zec during the
election period. As another arm of the
government we need to be informed,”
Mumvuri.
The new Constitution, signed into law by President Robert Mugabe
last week,
makes it mandatory for a 30-day mobile voter registration
exercise and
government has already secured $25 million for the blitz that
is starting
next week.
Dates for elections are yet to be announced as
Mugabe, Prime Minister Morgan
Tsvangirai fail to agree on the timing for the
critical exercise.
http://www.dailynews.co.zw/
Thursday, 30 May 2013 11:58
HARARE - As
Zimbabwe gears for elections whose dates are yet to be announced
this week
in the Guthrie Munyuki Interview, our Senior Assistant Editor
sought views
of the Zimbabwe Election Support Network (Zesn) a local civic
group involved
in the monitoring and observation of elections; below are the
excerpts of an
interview with its national director Rindai Chipfunde Vava.
Q: Are you
happy with the conditions that have been slapped on those who
want to
register and what are some of the concerns you might have regarding
voter
registration?
A: The fact that there will be a new voter registration
exercise is a
positive sign as the one that has just been completed was
clearly
inadequate.
What will be critical is that adequate
information supported by an objective
criteria should be used to determine
where, how many and for how long each
registration team will be in any given
ward and how to register.
It is also a positive sign that the
requirements for proof of residence have
been eased, but voters and
registration officials must be informed of these
changes.
In addition
Zec (Zimbabwe Electoral Commission) needs to assume its legal
responsibility
to supervise voter registration hence they should also define
what the goal
is for the mobile voter registration drive (i.e. how many
first time voters,
aliens, and transfers are the Zec expected to process
during the 30-day
registration exercise). For credible elections it is
critical that everyone
who wants to register to vote has a reasonable
opportunity to do
so.
Q: What is the length of time needed to give adequate notice on voter
registration and how key is this notice to meeting the standards of
providing voter education to the would-be voters?
A: What is critical
is not the overall length of the voter registration
exercise, but the
publicity, accessibility of the locations in which voter
registration is
conducted and for how long does voter registration last. It
is, therefore,
important for Zec to develop and launch a countrywide voter
education
campaign informing the electorate about the requirements for
successful
registration as a voter.
In particular, four categories of potential
voters, including first time
voters, aliens now allowed to vote, returnees
from the Diaspora and
transfers will require this information. Mobile voter
registration should
therefore be conducted in all wards (not districts) for
at least several
weeks.
This means more teams with professional staff
to meet the process.
In addition, based on the recently released 2012
Census Zesn has identified
232 Wards with the largest number of unregistered
eligible voters.
The 2012 Census data should be used to target particular
areas for extended
registration to avoid long queues so everyone who wants
to register to vote
has a reasonable opportunity to do so.
Q: Our
voters’ roll in its current state is said to have been cleaned
following the
removal of 1 million dead people. Has the Registrar General
done enough to
publicise the process and spell out the method used to delete
these dead
people from the voters’ roll? What is supposed to be the
methodology?
A: We have raised similar concerns regarding the
methodology used by the
Registrar General, however, in future before the
voters’ roll is finalised,
it must be displayed to the public.
This
act will enable voters and other stakeholders to ensure only eligible
voters
are registered and their personal details have been captured
correctly.
In the instances where errors have been made, voters
should be able to
request corrections by filling out a form.
As a
result, this display exercise is an excellent opportunity for Zec to
instil
confidence in the voter registration data to be used on election
day.
Furthermore, without access to an electronic copy of the voters’
roll it is
impossible for Zec, political parties and civic organisations to
assess the
quality of the voters’ roll.
The amended Electoral Act now
also makes it mandatory for electronic copies
of the voters’ roll to be
provided.
Thus, it is advisable that Zec take full advantage of this
amendment by
making it easily accessible to voters and
stakeholders.
The more voters who are able to validate the data, the
higher the confidence
level will be.
So, Zec would be advised to
conduct an information campaign dedicated to
informing the public about why,
where, when and how they can access the
preliminary voters
register.
Q: You have covered many international elections as an
observer. Does the
Zimbabwe Electoral Act provide the platform for holding
elections that are
consistent with the international best
practice?
A: Several shortfalls exist.
Q: What are the
shortcomings?
A: The critical issue in Zimbabwe has been and remains
implementation of the
law.
There have been important reforms in the
past that bring Zimbabwe in line
with the Sadc region, but what has been
lacking is implementation of those
reforms.
This is why Zesn observes
elections — to provide independent non-partisan
information about the
conduct of elections so that people can determine for
themselves if the laws
are being properly implemented.
For example, the law now says clearly
that voters requiring assistance to
vote can select a person of their own
choice, but for the Constitutional
Referendum Zesn observers overwhelmingly
noted election officials and
police assisting voters.
Also,
additional reforms are necessary and these include the creation of a
conducive environment, comprehensive voter registration and voter education
exercises, transparency in the whole electoral process, early accreditation
of local and regional observers and guaranteeing of their security,
capacitating Zec with adequate resources.
Furthermore, the law needs
to spell out how the proportional representation
system will work in
practice, the role of the police on polling day, the
results management
system and announcement.
Q: In the forthcoming elections Zimbabwe will be
using the Proportional
Representation and the Zebra systems in choosing
candidates.
Are these systems best suited to Zimbabwe given the problems
that were
raised when we were using the First-Past- the-Post?
A:
Proportional representation was an issue which people have strongly
supported back to the public consultations in advance of the draft 2000
constitution.
Neither proportional representation nor
first-past-the-post systems are
perfect.
Both have their strengths
and both have their limitations.
One advantage the proportional
representation system will have here is that
it will increase the number of
women MPs in Parliament. This is a positive
step for the country as we
strive to meet the 50-50 gender parity by 2015 as
stated in the Sadc
Protocol on Gender Development.
Q: How does Zesn rate the new
Constitution in terms of providing for the
holding of free and fair
elections?
A: The new Constitution includes important reforms, but what
is critical for
credible elections is the harmonisation of existing laws
with the new
Constitution and for the new Constitution to be
implemented.
Laws such as the Electoral Act, Posa and Aippa need urgently
to be reviewed
and amended to be in conformity with the new
Constitution.
Also, the new Constitution and the harmonised laws need
time to take effect
and change conditions on the ground.
Q: Does a
new Constitution guarantee free and fair as well as credible
polls?
A: The new Constitution can only provide the framework for an
election.
What is critical is the harmonisation of other laws such as the
Electoral
Act, Posa and Aippa as well as how the elections are conducted by
Zec.
There is need to instil public confidence that Zec will properly
oversee and
conduct the 2013 Harmonised Election.
However, the new
Zec chair, Justice Rita Makarau, has taken some initial
positive steps to
start to rebuild Zec’s credibility and we urge her to
continue doing so by
ensuring that there is transparency in the whole
electoral
process.
Q: What is your role in the holding of elections?
A: Zec
is the constitutional mandated (body) for conducting all aspects of
elections.
As in other Sadc countries, ZESN was founded to SUPPORT
the electoral
process. This is reflected in our name —Zimbabwe Election
SUPPORT Network.
Elections are incredibly important events, but they are
also incredibly
difficult exercises and hence it is important that (the)
whole country work
together for their success.
In support of credible
elections Zesn: 1) provides information to the public
about the election
process so that it is easier for voters to participate in
elections; 2)
deploys trained accredited observers to polling stations to
watch the
process in order to give the public confidence to go out and vote
on
election day; and 3) issues independent non-partisan reports on the
conduct
of elections for ZEC, ALL political parties and public so that they
can
assess for themselves if elections are consistent with Zimbabwean laws
as
well as regional and international standards.
Zesn has since its
formation in 2000 observed elections in a bid to not only
instil confidence
in the electorate but also to note if the elections were
done within the
confines of the law and to offer support based on best
international
practice.
Q: How has the recent harassment of Zesn by security agents
impacted on your
mandate as stakeholders in as far as elections are
concerned?
A: Unfortunately, the situation in the country remains highly
polarised.
Such conditions make credible elections impossible.
It is
critical that all stakeholders call for and take concrete steps to
make a
more peaceful environment for everyone.
Zesn is committed to credible
elections and to observing 2013 harmonised
elections in a non-partisan
manner as the organisation does not support or
endorse any political party
or candidate.
http://www.swradioafrica.com/
By Nomalanga Moyo
SW
Radio Africa
30 May 2013
Efforts to tackle Zimbabwe’s multi-billion
dollar debt took a step forward
this week with news that the Treasury is
close to signing a deal with the
International Monetary Fund
(IMF).
Finance Minister Tendai Biti last week used the monthly State of
the Economy
Report to reveal that government was close to reaching a deal
that will see
the country re-engaging international financial institutions
for more loans.
Zimbabwe owes external creditors an estimated $11 billion
and, since the
formation of the unity government, Finance Minister Biti has
expressed
concern at the huge strain this debt has on the country’s
finances.
The IMF-led staff monitoring programme (SMP) that Zimbabwe has
opted for, is
part of efforts to deal with this burgeoning external debt,
and is a key
condition towards access to international
lenders.
Minister Biti has in the past said this programme will be
implemented in
conjuction with home-grown policies aimed at accelerating
economic growth,
kick-starting sustainable job creation and poverty
reduction.
“The SMP is a key component of Zimbabwe Accelerated Arrears
Clearance, Debt
and Development Strategy and Zimbabwe Accelerated
Re-engagement Economic
Programme, the NewsDay newspaper quoted Biti as
saying.
The minister also stated that government had already written to
the IMF
expressing interest in the scheme, before adding that government was
“on the
verge of signing documents that will pave the way for an
SMP.
“This is key because without this, we cannot resolve the debt
problem of
almost 110% of gross domestic product. Once we succeed in the
SMP, it will
allow the international community to forgive and cancel some of
our debt,”
Biti explained.
Under the SMP, the IMF would help monitor
the country’s economic reforms and
policies, and facilitate arrears
clearance with official creditors.
However, debt campaigners are not
convinced that the government has chosen
the best path towards resolving its
debt dilemma.
Zimbabwe Coalition on Debt and Development official
Hopewell Gumbo told SW
Radio Africa that the government’s step was bold, but
questionable.
“It is easy to see how such an excessive debt would affect
any government’s
efforts to meet its social and economic
obligations.
“However, Zimbabweans will be skeptical about the route that
Minister Biti
has taken considering the IMF’s past dealings with the country
by way of the
Economic Adjustment Programme (ESAP) whose ravages we all
remember.
“Just as we saw with ESAP, the SMP scheme will see the IMF
dictating the
pace and manner in which the economy is run. To put it
crudely, while we may
not necessarily have to adopt an IMF flag, the scheme
gives a lot of power
to the institution.”
Gumbo added that instead of
running to international institutions for more
loans, government should be
seriously considering ways of augmenting its
resource
base.
“Borrowing should hinge on a need to augment one’s resources. Why
should we
borrow $2 million for example when we can raise that from diamonds
in
Marange, Murohwa, or from Makwiro Platinum, or even from the gold at
Falcon
Gold or Renco Mine?”
Nick Dearden of UK-based lobby group
Jubilee Debt Campaign said that
although the terms of the SMP are not yet
out, it is highly likely that
conditions will include Zimbabwe receiving new
loans to repay old ones.
“The price for IMF help will be imposed economic
policies such as
privatisation of the banking sector. The debt created
through the new loans
will not be eligible for debt cancellation when the
country gets to that
stage.
“The problem with such IMF schemes is
that they take the power away from the
people to sort out their issues and
place it in the hands of these financial
institutions, leading to the
creation of new debt,” Dearden said.
Dearden said a better way of dealing
with the country’s debt crisis would
have been a debt audit, “where the
people of Zimbabwe hold both lender and
borrow accountable for any loans
incurred.”
http://www.swradioafrica.com/
By Alex Bell
SW Radio
Africa
30 May 2013
11 workers from the Chisumbanje ethanol project
have been released from
police detention and cleared of having any
involvement in a fire, which
destroyed about US$5 million worth of sugar
cane.
The fire earlier this week wiped out an estimated 500 hectares of
sugar cane
belonging to the Green Fuel run ethanol plant.
11 people,
all workers at the controversial project, were picked up for
questioning by
police amid speculation that the fire was the result of an
arson
attack.
This was fuelled by state media reports which voiced speculation
that this
was a deliberate attempt to stop ‘success’ at the still idle
ethanol plant,
allegedly because this success would help ZANU PF gain
political ground in
Manicaland province.
But it has since emerged
that the 11 workers arrested after the fire were
targeted in an attempt to
cover up a mistake by the ethanol project’s
management.
Manicaland
police have said that no charges will be brought against the
workers, after
investigations found there was no ‘malicious intent’.
Reports have
suggested that a manager had started burning a section of sugar
cane ahead
of planned harvesting, but he lost control of the fire because it
was a
windy day.
http://www.herald.co.zw/
Thursday, 30 May 2013 00:00
Herald
Reporter
Air Zimbabwe’s new airbus A320 aircraft, which made its maiden
flight to
Johannesburg, South Africa, on Monday has been temporarily
grounded in that
country after a bird struck and cracked its
windscreen.
Senior Air Zimbabwe officials confirmed the incident, but
could not say when
the plane would fly again.
Air Zimbabwe introduced
the 150-seat mid-range plane on the Johannesburg
route only two days ago to
replace the long-range and costly Boeing 767 that
used to ply that route
daily.
Air Zimbabwe spokesperson Ms Shingai Taruvinga could not give
details on the
incident insisting that the airline’s chairman Mr Ozias Bvute
would issue a
statement later.
However, impeccable sources last night
told this paper that the airplane
would be back in the skies by
today.
The A320 is a fly-by-wire modern aircraft, fully automated with a
configuration of 12 business and 138 economy class seats.
It is more
fuel-efficient although it has less carrying capacity than the
767, which
makes it better equipped to meet demands of the regional route.
The plane,
went for its routine maintenance before it took to the skies.
http://www.newzimbabwe.com/
30/05/2013 00:00:00
by Staff
Reporter
THE MDC-T denied Wednesday allegations it was divided over the
timing of new
elections after party secretary general and Finance Minister
Tendai Biti
said confusion over poll dates was hurting the country’s fragile
economy.
The party dismissed suggestions Biti had gone rogue and "broken
rank" with
its policy when he called for clarity over the timing of
elections to
replace the coalition government.
“(Minister) Biti has
not at all broken rank and has no intentions of
breaking rank with his party
for any reason especially as he is very clear
that his party is going to win
the forthcoming elections.
“Like any other respected member of the party
(Biti) is clear that elections
will come but that certain processes have to
be exhausted before the
elections are held
“Calling for a
proclamation of a date for elections does not mean breaking
rank but a
reflection of the state of election preparedness in the MDC.”
Speaking to
reporters in Harare this week, Biti said: "The elephant in the
living room
evidently is the election and the sooner there is clarity on the
dates from
the politicians the better for the economy," Biti told reporters
in
Harare.
"I think the sooner that there is clarity on the dates, there is
clarity on
the processes, there is clarity on the funding I think we should
see the
return of greater business confidence."
State media pounced
on the remarks, interpreting them to suggest that Biti
was backing President
Robert Mugabe’s calls for early elections.
The Zanu PF leader wants the polls
to immediately follow the end of
Parliament on June 29 while the MDC-T says
a delay to October is required to
facilitate further, critical,
reforms.
The MDCT said it was united on the need for the reforms to be
completed.
“The party is clear and on record saying that the Global Political
Agreement
(GPA) conditions must be satisfied before elections are held. The
party
still maintains that position,” the statement added.
“If there
is anyone stalling the election process, it is Mugabe who still
thinks he
can unilaterally declare an election date when in actual fact the
current
legal framework no longer allows him to do so.
“It is indeed unfortunate
that Mugabe has got a very incompetent team of
legal advisors whose
interpretation of the legal guidelines for the holding
of elections in
Zimbabwe is conveniently skewed for political expedience.”
http://www.newzimbabwe.com/
29/05/2013 00:00:00
by Staff
Reporter
ZISCOSTEEL workers have gone for 36 months without pay as the
company’s
proposed US$750 million takeover by the India-based Essar Group
remains
stalled.
A representative of the workers union at the
Redcliff-based firm now renamed
New Zimbabwe Steel, Bennedict Moyo, said
no-one appeared to be interested in
their “dire” plight.
Moyo said
many among the company’s 2,500 idle workers were now living in
abject
poverty adding that at least 38 had died in recent months, unable to
buy
much-needed medications.
“The workers conditions are dire to say the
least,” Moyo told the Herald
newspaper.
“We have now gone for 36 months
without pay and our children are being
thrown out of school while some
families have disintegrated because of the
financial problems we are going
through.”
The government decided to let go of the company – perennial
drain on its
sparse purse – in 2011, handing a 54 percent controlling
interest to Essar
Africa, a unit of the Indian multinational.
The
company was virtually comatose at the time, having stopped production
some
two year before the conclusion of the deal with most of its problems
blamed
on poor management and political interference in its operations.
However,
Essar’s takeover was expected to help revive what was once one of
Africa’s
leading steel producers with Industry Minister Welshman Ncube
describing the
deal as “an investment of the decade” as the deal was signed
at the
company’s Redcliff base in March, 2011.
But Moyo said they have not heard
from Ncube since.
“The minister and his officials have never been here to
address our concerns
despite numerous pleas to them to do so,” he
said.
“We last saw him during the official signing ceremony in 2012 and
ever since
he has not set foot at the complex.
“As workers
representatives we want them to address us and tell us the real
position so
that we prevent workers from taking matters into their hands.”
The
company’s part-privatisation has stalled over the transfer of iron ore
resources to Essar with the Mines Ministry arguing that the deal agreed by
Ncube undervalues the asset.
Some government officials have claimed
that the mineral resource alone could
be worth up to US$30 billion adding
the company could, therefore, not be
given away for US$750
million.
Moyo said with the deal stalled, no one appeared to be in charge
on the
ground in Redcliff.
“Management is saying they are no longer in
charge while Essar is saying
precedent conditions to the agreement have not
been addressed so they cannot
pay us,” he said.
http://www.voazimbabwe.com/
Obert Pepukai
30.05.2013
MASVINGO — Outreach meetings
on Zimbabwe’s Income Tax Bill continued in
Masvingo on Thursday with the
chairman of the parliamentary budget and
finance committee, Paddy Zhanda,
saying the Bill is being rushed through
parliament without considering the
people's views.
The parliamentary portfolio committee on budget, finance
and investment
promotion is on a countrywide outreach programme collecting
people’s views
on the proposed law that has been criticised by some
stakeholders.
Zhanda said the outreach was an exercise in futility as
parliament has been
rubber-stamping laws as ministers continue to take the
House of Assembly for
granted, unwilling to incorporate sensible
contributions from the public
besides just noting the committee’s
reports.
Zhanda said in a normal situation, views from the outreach
should be
incorporated into the bill but says this has not happened in the
past and
will not happen next week when the Bill will be read in parliament
for the
second time Tuesday.
Zhanda told Studio 7 parliamentarians’
right to interrogate ministers and
proposed laws has long been taken away
from them.
He adds the current system has to change, saying it is not
healthy for the
nation to have a parliament that just rubberstamps what the
executive wants.
He believes that this is not healthy for the
nation.
Zhanda said his committee has the weekend to prepare its report
on the
outreach exercise and seek a meeting with Finance Minister Tendai
Biti on
Monday ahead of the Bill’s second reading, which does not leave
space for
any changes to the proposed law as Mr. Biti is anxious to have the
Bill
passed into law before the current session of parliament
expires.
The Income Tax Bill will replace the country’s old taxation
system, which
according to some experts, has outlived its usefulness and
does not meet
international standards.
It was a mixed bag in Masvingo
on Thursday where some supported the Bill
while others said it needs to be
fine-tuned in a number of areas.
Association of Certified Chartered
Accountants of Zimbabwe tax manager
Marvelous Tapera welcomed the Bill but
said Mr. Biti should review a number
of clauses in the Bill.
Tapera
said mining companies and others that are being forced to donate
money for
community share ownership trusts under the country's
indigenization laws
should be exempt from paying tax for a while.
The Income Tax Bill, which
is a residence-based taxation model, has been
criticised by stakeholders in
Mutare and other areas where the parliamentary
committee has been conducting
the outreach exercise.
It remains to be seen whether the finance minister
will next week
incorporate the changes that have been proposed by tax
experts, members of
the public and other stakeholders.
http://www.thezimbabwean.co/
30.05.13
by
Edgar Gweshe
JOMIC is set to take action in a case in which Zanu (PF)
activists from
Harare South allegedly assaulted and injured MDC-T supporters
who are
currently receiving treatment at a local hospital.
The
MDC-T alleges that the Zanu (PF) activists, led by Brian Katumbureni, a
woman only identified as Mai Chido, one Ndambonde and one Shaddy, attacked
its supporters at Crest Breeders Farm on Tuesday.
The Zanu (PF)
activists allegedly claimed they were acting under
instructions from Hubert
Nyanhongo (Zanu (PF) who is the Member of
Parliament for Harare
South.
The MDC-T identified the injured activists as Ward One Youth
chairperson,
Willard Dombo, Youth Secretary for Labour, John Saidi and
Laston Deure, who
is the party's Youth Secretary for International
Relations
JOMIC spokesperson, Joram Nyathi said: "Our officers are still
investigating
the case and we are yet to get an official report. I
understand there is
something that happened yesterday in that area so as
soon as the
investigations are completed, JOMIC will decide on the course of
action to
take."
An MDC-T official from Harare South who spoke on
condition of anonymity
said: "John Saidi sustained serious head injuries
while Dombo was sustained
neck injuries and is complaining that his right
rib is in pain."
The official told The Zimbabwean that his party's
activists were attacked as
punishment for holding MDC-T activities in a Zanu
(PF) infested area.
Police deputy spokesperson for Harare Province,
Assistant Inspector Tarirai
Dube said no arrests have been made so far in
connection with the incident.
Nyanhongo quickly cut this reporter off
when contacted for comment.
http://www.dailynews.co.zw/
By Jeffrey Muvundusi, Own
Correspondent
Thursday, 30 May 2013 11:16
BULAWAYO - A prominent Plumtree
businessperson has appealed to Zapu leader
Dumiso Dabengwa and his followers
to come back to Zanu PF — accusing him of
leading a nonexistent political
party.
Obedingwa Mguni, who has declared his interest to challenge the
MDC Mangwe
legislator and former Copac co-chairperson Edward Mukhosi under a
Zanu PF
ticket, told journalists at Bulawayo Press Club on Tuesday that his
party
did not recognise the revived Zapu.
He said if the revived Zapu
was the real original party founded by the late
Joshua Nkomo, Dabengwa
should produce the “divorce certificate”.
“If two people go into a
marriage they go to a court and both sign a
marriage certificate. When the
two intend to divorce the courts will annul
the marriage and give a divorce
certificate,” said Mguni.
“Officially I don’t recognise anything called
Zapu because I haven’t seen
them signing anywhere that they are pulling
out.”
But Dabengwa has scoffed at the idea of ever re-joining Zanu PF.
Late last
year he said two decades of intransigence by President Robert
Mugabe and his
ruling elite during the time of the Unity Accord compelled
him to quit the
party and respond to his former Zapu colleagues’ pleas to
revive Zapu as its
leader.
“I can never let the people who tasked me
to lead Zapu down by re-joining
Zanu PF for the sake of the vice presidency
post. Zanu PF would need to
undergo a radical “mental refurbishment” for me
to change that decision,”
Dabengwa said in response to suggestions that he
could have clinched the
vice presidency after the death of John Nkomo owing
to his seniority.
“I don’t regret ever pulling out of Zanu PF.”
By Violet
Gonda
SW Radio
Africa
30 May
2013
Zimbabwean businessman Mutumwa Mawere is taking steps to have the issue of dual citizenship addressed by the High Court. He wrote a final letter to Registrar General Tobaiwa Mudede on Thursday, seeking an official response to clarify this provision in the new constitution, which affects tens of thousands of Zimbabweans living abroad.
The country’s citizenship law came under the spotlight recently after Mawere, who is also a South Africa citizen, was told by the Registrar General that dual citizenship is not permissible in the country.
Mawere has now written to the Registrar General, who is the authority that administers the Citizenship Act, and has given him until Friday 31st May to make an official response explaining the status of the dual citizenship provisions in the Constitution, or he will seek redress in the High Court.
Mudede told Mawere, who is a South African by naturalization, that he would have to renounce his South African citizenship before he could apply for a Zim identification document.
Mawere said under the new constitution, signed into law by President Mugabe last week, an individual cannot be denied dual citizenship if they were born in Zimbabwe. There are tens of thousands of Zimbabweans in the Diaspora who were born in the country, but have taken citizenship in foreign countries where they now live and work.
Confusion has been caused as it appears the abridged version of the constitution says: “Dual citizenship is automatically permitted in respect of Zimbabweans by birth.” But the full constitution that was passed into law appears to only state that “persons are Zimbabwean citizens by birth if they were born in Zimbabwe” without elaborating on what that means if the same individual is also a citizen of another country.
Mawere told SW Radio Africa: “Mudede has to confirm whether the constitution provides for a person born in Zimbabwe, who qualifies to be a citizen, to be given that right in terms of the constitution. It would appear that any law that is inconsistent with the new constitution is ultra vires, and therefore is invalid to the extent that it conflicts with the new constitution.
“The citizenship portion of the new constitution is already operative from last Friday when there was a gazette. So under that constitution there is no qualification of citizenship that would allow discretion on the part of the Registrar General to deny citizenship.”
He said he wants confirmation that would enable other affected individuals to be able to assert their rights in terms of the new constitution without being ‘abused by the Registrar General’.
Mawere has instructed his lawyers from Nyakutambwa Legal Counsel to file a legal application in the High Court on Monday if they don’t hear from Mudede by end of the business day on Friday.
“If Mr. (Jealousy) Mawarire can go to court to get the president to proclaim a date for the elections surely we have to go to court to test whether this constitution means what is written on paper,” added Mawere.
Click here for full interview with Mutumwa on the Hot Seat programme.
http://bulawayo24.com/
by
Staff Reporter
2013 May 30
STATEMENT BY THE MINISTER OF TRANSPORT,
COMMUNICATIONS AND INFRASTRUCTURAL
DEVELOPMENT, HON N T GOCHE (MP), ON THE
NEW LICENCE FEES FOR MOBILE
TELECOMMUNICATIONS OPERATORS, 29TH MAY
2013
With the advent of the liberalization of the telecommunications era,
the
Government issued mobile licences to two privately owned operators,
Econet
Wireless and Telecel Zimbabwe in 1998. The licences were for 15 year
tenure,
and the basic licence fee for each licence was set at US$100
million. In
addition, operators also paid Annual Licence Fees, Spectrum Fees
and made a
contribution to the Universal Services Fund, whose objective is
to extend
services to rural and other under-served areas.
In line
with the terms and conditions set out in their licences, the
affected
operators have applied for their renewal. In this regard, over the
last few
months, the Government has been seized with a review process for
the licence
fees payable, as well as other terms and conditions of the
licences.
Specifically, my Ministry and the Ministry of Finance have
held
consultations with the players in the industry and other interested
stakeholders. Comparative studies were also done, both at regional and
international level to enable the Government to come up with an informed
decision which meets Government's expectations but also allows for the
industry to flourish. I am now pleased to announce that the licence fees for
the renewal of the mobile licence has been set at US$137.5 million for a 20
year tenure.
In addition, operators will pay an annual licence fee
(2% of audited annual
gross turnover), and contribute to the Universal
Services Fund (0.5% of
audited annual gross turnover). They will also pay
frequency spectrum fees
in accordance with their different requirements of
that limited national
resource.
The scope of the licence will remain
substantially the same as the current
licence. This means the licences will
cover the range of services that are
commonly referred to as 2G through to
3G. Services beyond that will require
formal licence
adjustments.
These licensing conditions will apply to all mobile
operators in the country
as and when their licenses come up for renewal. I
am, therefore, pleased to
announce that already one of the operators whose
licence expires on 10th
July 2013, Econet Wireless, has had its application
for renewal approved by
the regulator, POTRAZ, and a new 20-year licence
issued on the terms and
conditions that I have just referred to.
Hon
N T Goche (MP)
MINISTER OF TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURAL
DEVELOPMENT
http://www.youtube.com/watch?v=SDFA9j3AITM&feature=youtu.
BILL
WATCH 17/2013
[30th
May 2013]
House
of Assembly and Senate adjourned until Tuesday 4th
June
Supreme
Court Nullifies Private Member’s Urban Councils Amendment
Bill
In
a judgment dated 20th May the Supreme Court unanimously declared that the
introduction of the Urban Councils Amendment Bill was null and void. [Judgment
available from veritas@mango.zw]
[See details of
case in Court Watch]
Effect
on other MDC-T
Private Member’s Bills This ruling adversely affects both the other
Private Member’s Bills that have been initiated by MDC-T
Chief Whip Innocent Gonese: the Bill to
repeal section 121(3) of the Criminal Procedure and Evidence Act and the POSA
Amendment Bill. Both must now be
dropped.
Three
Adverse Reports from Parliamentary
Legal Committee
Adverse
reports on three statutory
instruments
were tabled in the Senate on 21st May [available
from veritas@mango.zw]:
·
Zimbabwe
Youth Council Regulations [SI 4/2013] [The PLC’s
unsurprising conclusion is that the regulations are ultra vires the parent Act
in a number of important respects.]
·
Mangwe
Rural District Council (Sand Extraction) By-laws [SI 25/2013] [The PLC finds
the by-laws to be unconstitutional because they contain a provision stating that
a person convicted of a breach of the by-laws is liable to a penalty stipulated
by the rural district council rather than a penalty decided by the court – an
interference with judicial independence inconsistent with section 18 of the
Declaration of Rights.]
·
Mining
(General) (Amendment) Regulations [SI 29/2013]
[Last year the
PLC reported adversely on the SI that this SI replaced. Its adverse report on the present SI is based
on two findings: that it is ultra vires, because the Minister of Mines and
Mining Development has gone beyond the regulation-making powers conferred on him
by the Mines and Minerals Act; and that it is also unconstitutional
because
“it contains matters that are more appropriate for parliamentary enactment” and
are therefore in violation of Standing Order 201(1), “which was duly made in
terms of the Constitution of Zimbabwe”.]
Comment:
Will
the Government take more notice of the adverse report on SI 29 than it did of
the adverse report on its predecessor?
In
Parliament Last Week
Both
Houses sat on 21st and 22nd May only.
While Parliamentarians had a relatively relaxed week, attention was
focused elsewhere – on the signing and gazetting on 22nd May of the Act for the
new Constitution [see Constitution Watch
29/2013 of 22nd May].
House
of Assembly
Bills
No
Bills were dealt with.
Motions
On
21st May, after two brief contributions to the debate, the House approved the
vote of thanks to the President for his speech opening the Session.
Mobile
voter registration exercise
The
House then continued debating Hon Chikwinya’s motion on the just-ended voter
registration exercise – which called for a repeat exercise, this time with
proper notice to the public and adequate funding, of the just-ended mobile voter
registration exercise. ZANU-PF
Chief Whip Joram Gumbo said the motion was “meaningful” and supported by all
sides of the House. In winding up the
debate Hon Chikwinya read into the record, and commended to his colleagues, the
resolution passed earlier in the day by a meeting of civil society organisations
which stressed the need for a new and far more efficient voter registration
exercise
[resolution
available from veritas@mango.zw]. The House approved the motion without
opposition. [Note: A new countrywide registration exercise at ward
level is due to start on 3rd June, as required by paragraph 6 of the Sixth
Schedule to the new Constitution, a provision that is already in operation –
although the problem of funding does not seem to have been resolved.]
Question
Time
[Wednesday 22nd May]
Questions
without Notice
During the hour allotted,
Deputy
Prime Minister Mutambara and a few Ministers fielded questions on Government
policies. Topics raised included:
-
Voter
registration DPM Mutambara waxed eloquent on voter
registration, maintaining that we are going to have a bona fide voters roll if
two principles are upheld: (1) “if
you were on the voter’s roll in the year 2008 and you are not dead, you must be
afforded the opportunity to vote if you want to do so; (2)
“if you want to register and you are an
eligible voter in our country, we must allow you the opportunity to register and
vote. Now, I am speaking of the young people who are coming up, who are now
eighteen and above. They were not on the voter’s roll in 2008 because they were
below 18. I am also now talking about
the so called aliens who have been empowered by the new Constitution. These
people must be expeditiously and painlessly enabled to become voters. If we
uphold those two principles, we are
going to have a bona fide
voter’s roll”.
-
Science
education in schools The Minister of Science and Technology,
Professor Dzinotyiwei, told the House that Government policy on science
education calls for scientific-related curriculum content, including development
of ICT skills, to be at least 30% in primary schools and at least 60% in
secondary schools.
-
Use
of GMO crops in Zimbabwe Minister Dzinotyiwei, while acknowledging the
strength of the scientific case for GMO crops and the need for Zimbabwe
to move with the times, explained that reservations of other interested sectors
was preventing the adoption of pro-GMO policies.
Written
questions with notice
came next. Only two of the twenty-seven
questions on the Order paper were dealt with before the House adjourned. The Minister of Water Resources Development
and Management
reported
on the condition of the washed-away wall of Shagari
Dam in Gokwe district. The Minister of
Labour and Social Services explained procedures for accessing assistance from
the Disabled Persons Fund and for duty-free importation of special equipment for
disabled persons.
Senate
Bills In the absence of the Minister of Finance,
the two Bills received from the House of Assembly [Securities Amendment Bill and
Microfinance Bill] were not dealt with.
International
Agreement Approved On
22nd May, at the request of the Deputy Minister of Justice
and Legal Affairs
the
Senate approved the Protocol Relating to the Madrid Agreement concerning the
International Registration of Marks in terms of section 111B of the current
Constitution. The other three
international agreements approved by the House of Assembly the previous week
have not yet been laid before the Senate.
Motions
and Question Time There were no motions for discussion. Question Time did not take place, because the
Senate did not sit on Thursday. In any
event, there was only one question listed, a much deferred one for the Minister
of Mines and Mining Development about perilous conditions prevailing at Benson
Mine, Mudzi district.
Coming
up in Parliament Next Week
House
of Assembly
Bills
Government
Bills The Income Tax Bill [available
from veritas@mango.zw],
is due to come up again on 4th June, for continuation of the Second Reading
debate following Finance Minister Biti’s Second Reading speech on 7th May. No other Government Bills are listed. In preparation for the debate, the Portfolio
Committee on Budget, Finance and Investment Promotion is holding public hearings
on the Bill round the country from 28th to 31st May [see Bill Watch
– Committee Series 12/2013 of 27th May]. The
committee’s report will be presented by its chairperson during the debate.
Private
Member’s Bill Hon Gonese’s motion for leave to bring in his
Bill to repeal section 121(3) of the Criminal Procedure and Evidence Act is
item 11 on the Order Paper but it view of the Supreme Court judgement [see
above] will have to be dropped.
[Note
this Bill has delayed for one reason or another for over three years and these
tactics have paid off for the opponents of the reforms recommended in the
Bill]
Motions
Adjourned
debates
on a large number of motions await completion [see Bill Watch 13/2013 of 14th May for a
summary]
Question
Time on Wednesday 25 written questions, most carried forward,
await responses from Ministers. Two of
the newer questions highlighted in Bill Watch 16/2013 of 20th May are still on
the list: one for the Minister of Mines and Mining Development about the
value of the Government’s interest in diamond mines in Marange, and
related details; and the other for the Minister of Youth Development,
Indigenisation and Empowerment on the criteria used to select beneficiaries
of the indigenisation programme and a list of all
beneficiaries.
Senate
Bills The
only Bills on the Order Paper are the two Bills passed by the House of Assembly
two weeks ago: the Microfinance
Bill and the Securities Amendment Bill.
The Senate awaits the Minister of Finance’s Second Reading speeches on
both these Bills.
International
agreement for approval
The
Minister of Energy
and Power Development
seeks the Senate’s approval of the Statute
of the International Renewable Energy Agency [IRENA], in terms of section 111B
of the Constitution. This Statute has already been approved
by the House of Assembly.
Adverse
reports from Parliamentary
Legal Committee
The
three adverse PLC reports [see above]
are due to be considered by the Senate. The PLC chairman, Hon Mushonga, will
present the reports. If, after
discussion, Senators vote to adopt the adverse report/s, these SIs will either
have to be amended to accommodate the PLC’s objections – or, if that is not
done, will have to be repealed by the President – unless within 21 sitting days
after the Senate’s adoption of the adverse reports the House of Assembly
resolves that the SIs should not be repealed.
Government
Gazette dated 24th May 2013
Statutory
Instruments
Control
of firewood, timber and forest produce
SI
70/2012 retrospectively – and very belatedly – changes the effective date of the
important main regulations [SI 116/2012] from 2nd July 2012 to 2nd June
2013. There are other minor amendments
to the main regulations. For a note on
SI 116/2012 see Bill Watch 28/2012 of 29th June 2012.
Local
authority by-laws
SI
73/2013 – Harare Hawkers By-laws
SI
71/2013 – Victoria Falls Licensed Premises By-laws
Medicines
and Allied Substances Control
SI
72/2013 enacts changes to the First Schedule to the main regulations of 1991
which lists fees payable to the Medicines and Allied Substances Control
Authority.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
COURT WATCH
5/2013
[30th May
2013]
Supreme Court Decision on
Private Members Bills
Supreme
Court Nullifies Private Member’s Urban Councils Amendment
Bill
Background In
October 2011, in accordance with Standing Orders, Parliament’s House of Assembly
passed a resolution giving MDC-T MP Tangwara Matimba permission to introduce a Private Member’s Bill to
amend the Urban Councils Act. Hon Matimba in due course introduced his Bill [available from
veritas@mango.zw]
on 28th February 2012.
Its main purpose was to reduce drastically the powers of central
government, through the Minister of Local Government, Rural and Urban
Development, over municipal and town councils.
The Bill received a non-adverse report from the Parliamentary Legal
Committee, signifying that the PLC saw no inconsistency with the
Constitution. But the Minister of Local
Government, Rural and Urban Development asked the Speaker and the Clerk of
Parliament to stop the Bill, arguing that for the duration of the GPA, Article
20.1.2(c) of the GPA, as enshrined in Schedule 8 to the Constitution by
Constitution Amendment No. 19, allowed only Government Ministers to introduce
Bills in Parliament, and took away the normal constitutional right of private
members to do so. [For a legal counter
argument to this see Bill
Watches 20 and 21/2012 of 15th May 2012.]
When
this request was turned down, the Minister took his argument to the Supreme
Court and the Speaker, citing the Standing Order embodying the sub judice rule, suspended further
discussion on the Bill pending the Supreme Court’s decision.
The
Supreme Court hearing On 24th January, a five-judge bench of the Supreme Court
[Chief Justice Chidyausiku and Justices Ziyambi,
Garwe,
Gowora and Omerjee]
heard the lawyers for the applicant
[Minister Chombo] and the respondents [Parliament, the Speaker, the Clerk and
the proposer and seconder of the Bill] argue both sides of the case, and
reserved judgment.
The
Supreme Court’s decision
In
a judgment dated 20th May the judges unanimously declared that the introduction
of the Urban Councils Amendment Bill was null and void because it was prohibited
by article 20.1.2 of the GPA as set out in Schedule 8 to the current
Constitution. [Judgment
available from veritas@mango.zw]
Speaking
for the court, Justice Garwe accepted the argument put
forward on behalf of the Minister of Local Government, Rural and Urban
Development, Hon Chombo, that “... since the country was going through a
transitional period which was to be steered by three political groupings, the
intention [of Article 20.1.2 of the GPA] was that private members would not be
permitted to upset the inclusivity of decisions.”
Justice
Garwe went on to say, however, that the right of
private members had not been removed entirely:
“I would only qualify these
remarks by emphasising that the prohibition is restricted only to proposed
legislation that deals with government policies and programmes. The corollary to this therefore is that
whilst a private member has no right to introduce a Bill that deals with
government policies and programmes during the subsistence of the Interparty
Political Agreement, he is however still empowered to do so ... where he
introduces a Bill that does not deal with such policies or programmes.”
Comment:
it is extremely difficult to see what sort of Bill the court envisaged as still
permissible, because any Bill enacted into law would necessitate government
enforcement.
Effect
on other MDC-T
Private Member’s Bills This ruling adversely affects both the other
Private Member’s Bills that have been initiated by MDC-T
Chief Whip Innocent Gonese: the Bill to repeal section 121(3) of the Criminal
Procedure and Evidence Act and the POSA Amendment Bill. Both deal with matters of Government
policy. Both must now be
dropped.
Comment: Fortunately, this decision will be of no
lasting significance, because it is based on an extraordinary GPA provision that
has no parallel in the new Constitution.
But it does mean that there is now no chance at all of any pre-election
reforms being brought about by Private Member’s Bills. A decision the other way might conceivably
have allowed just enough time for such Bills to be rushed through over
ZANU-PF
objections in the six weeks that remain of the life of the present
Parliament.
Opinion:
The Supreme Court’s decision does nothing to dispel the widespread notion that
Parliament as an institution has been unduly subject to the control of the
Executive. Those who had hoped for a
straightforward application of the Constitution’s explicit provision
giving Private Members the right to introduce Bills into Parliament [Schedule 4,
paragraph 1(c)] will be disappointed by the court’s willingness to read into the
general words of GPA Article 20.1.2, as incorporated in Schedule 8 of
Constitution Amendment No. 19, an implicit limitation to this right. In particular, as it is a basic rule for
interpreting a constitution that one provision should not be regarded as
overriding another unless the intention to override is expressly stated, which
in this case it was not [more detail in Bill Watch 20/2012 of 15th May 2012.]
It
is hoped that the new Constitution’s provisions for the separation of powers is
strong enough to allow Parliament to fulfil its legislative and oversight
functions without being subjected to Executive interventions and without so many
appeals to the Judiciary.
Case against Zimbabwe Election
Commission to Provide Voters Roll
ZAPU leader Dumiso Dabengwa vs ZEC
Early
this month, frustrated by the failure of all his attempts to obtain an
electronic copy of a ward voters roll for testing its accessibility for purposes
of analysis ahead of the coming elections, ZAPU leader Dumiso Dabengwa filed a High Court
application citing the Zimbabwe
Electoral Commission
[ZEC] as respondent. The filing of the
application resulted in a meeting between Mr Dabengwa’s lawyer and ZEC chairperson Justice Makarau and commissioner Professor Feltoe, following which the lawyer was eventually supplied
with an electronic copy of the required ward voter’s roll on a CD against
payment of the prescribed fee of $5,00.
The
CD contains the voter’s roll in PDF format, which is readable and analysable
[and an improvement on the JPEG format in which electronic copies were supplied
on previous years]. However, the CD came together with a letter
from the Registrar-General
to Mr Dabengwa’s lawyer personally, imposing
conditions on what can be done with the information on the CD – e.g. that it
cannot be reproduced, and its contents must not be misrepresented, and also
drawing attention to criminal penalties for misuse of the CD. It seemed clear
the conditions were imposed by the Registrar-General, not by ZEC. Mr Dabengwa’s
lawyer has protested to ZEC about these conditions and asked ZEC for
clarification. He is awaiting a
reply. Meanwhile the High Court
application is on hold.
Comment: the
conditions laid out in the Registrar-General’s letter –
especially the vague term “must not be misrepresented” – would seem to set a
unacceptable precedent.
Another
Case Requiring a Response from Government and ZEC
ACHPR Measure to Allow
Diaspora Vote in the Coming Elections
In Constitution Watch 22/2013 of 16th March we
reported that the African Commission on Human and Peoples’ Rights [ACHPR] had
passed a provisional measure allowing exiled Zimbabweans and Zimbabweans living
abroad to vote in the Referendum on Saturday 16th March and in the general
elections to be held thereafter.
Specifically, the measure directed the Zimbabwe
government to provide all eligible voters living outside Zimbabwe with the same
voting facilities it affords to Zimbabweans working abroad in the service of the
government.
The ACHPR decision upheld a
complaint by Zimbabweans currently based outside the country that they were
being denied their rights, and ruled that the applicants had made out a prime facie case that the present
position was in breach of the African Charter on Human and Peoples Rights.
Provisional measures of the
ACHPR are binding on a State to stop or prevent a human rights
violation. The State concerned is requested to comply
until a final decision is taken in the case, and its Government is obliged under
AU rules to report back to the ACPHR on its implementation of the provisional
measure.
The facilities currently
available to Zimbabweans working abroad in the service of the government, and to
their spouses, are those provided by the postal vote machinery detailed in Part
XIV of the Electoral Act.
There has been no evidence
of State recognition or reaction to this ruling. No postal voting facilities were provided for
the Referendum, even to the Government officials entitled to them under the
Electoral Act. The excuse was lack of
time to implement the time-consuming procedures involved.
It remains to be seen
whether the Electoral Amendment Bill that is currently being discussed by the
GPA negotiators, but still very much under wraps, will comply with the ACHPR
ruling by extending the postal voting provision to registered voters in the
Diaspora.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied