TEXT only 4 September 2013

• Zim economy staggers along
• Can Zanu PF pull off Houdini act on economy?
• Highest level of food insecurity in years
• Zanu PF youths push for revival of national service
• Schools Send Home Pupils for Not Paying Fees
• MDC-T condemns endless attacks on its supporters
• More Zim companies face indigenisation threat
• SADC went beyond its mandate on exiled media
• Mtetwa’s trial postponed
• Legislators should find common ground: Madzongwe
• Jacob Mudenda sworn in as Speaker
• MDC-T to approach SADC over “erroneous” endorsement of polls
• Mining community challenges government
• Business as usual as MPs sworn-in
• Elections compliance per SADC Principles and Guidelines
• Hunger on the rise in Zimbabwe: UN
• Schools open amid teacher shortage
• Broad money supply declines
• MPs undergo induction
• State pursues Mwonzora’s 1999 case
• Of heroes, anti-heroes and heroics heroics
• The struggle for democracy continues
• Tendai Biti Strips Down Dictators
• BILL WATCH 43/2013
• Beatrice Mtetwa Trial

Zim economy staggers along by ZimSitRep – 09-03-2013
via Zim economy staggers along – DailyNews Live by Roadwin Chirara As Zimbabwe emerges from an election hangover, it seems all is gloom and doom for an economy only forecast to grow by a mere 3,4 percent this year. According to former Finance minister Tendai Biti, a global slowdown in metal prices and non-performance of the agricultural sector were unfavourable for the local economy to achieve the initial 5 percent target. The big question on everyone’s mind now is will Zimbabwe be able to meet the revised target? “It is inevitable that in the immediate, short future, there will be no meaningful post-election recovery and improvement, but that the economy will remain relatively static,” economist Eric Bloch said. He notes that critical policy pronouncements and an implementation commitment will have a significant bearing on the fortunes of the country. “On the one hand, no growth can be achieved until there are substantial policy changes. And on the other hand, not only will such policies have to be implemented, but potential investors, businesses and the population in general will need time to become convinced that the policy changes are not only declarations of intent, but are actually and effectively implemented, on an on-going basis in contrast to being only temporary, deceptive, transition,” the economist said. “If a Zanu PF government is to achieve confidence in it and in the business and general populace, it needs urgently to announce and vigorously implement diverse policies,” Bloch said. He attributed the more than $1bn loss in value by the Zimbabwe Stock Exchange (ZSE) following the announcement of the election results to investor concerns on a possible prolonged dispute to its legitimacy and intense investor fears that Zanu PF will determinedly pursue economically-destructive policies. Bloch also noted market concerns that the disharmony and divide between Zimbabwe and many other countries will not only continue, but will intensify, with consequential negative economic repercussions. “As a result, very many investors, and especially foreign investors, deemed it prudent to disinvest rapidly, in order to minimise potential losses.  For like reasons, there were very few potential buyers, and hence prices fell rapidly. “As they did so, more and more investors became motivated to dispose of their investments as expeditiously as possible, further driving down prices,” Bloch said. The ZSE is currently struggling to find direction with mixed trade mainly characterising its performance. The respected Bulawayo-based economist touts the restoration of cordial relations with Western countries, and especially USA and those constituting the European Union, in pursuit of motivating Foreign Direct Investment (FDI). Zimbabwe only managed to rake in a paltry $400 million in FDI’s last year, compared to neighbouring countries, Mozambique and South Africa which got $5bn and $4,6bn respectively according to the United Nations Conference on Trade and Development (Unctad) report of 2013. Bloch said the downward revision of governmental expenditures, which as at March 22, according to government figures stood at $221,9m against the monthly target of $252,1m. Of the amount, recurrent expenditure was at $206m while capital expenditure accounted for $6,3m, with employment costs for its 230 000 civil strong civil service, accounting for 75.4 percent at $155,3m. According to the Finance ministry figures, government’s wage bill gobble nearly $2,6bn, which translates to 70 percent of the government’s total revenue collections. He said modification of the land reform policies, including availability of rural, agricultural lands to persons of all races, tribes, and gender, conditional only upon the constructive and effective usage of the lands, and such lands being available as collateral security for the sourcing of working capital funding. “Concurrently, there must be assuredly timeous availability of agricultural inputs, and de-control of pricing of agricultural produce, all prices being driven by market forces,” Bloch said. The country’s agricultural sector, according to the International Institute for Sustainable Development, generated 18,5 percent of GDP and, at best, 40 percent of total export earnings through the export of tobacco, cotton and horticultural produce, among others; employed 66 percent of the country’s labour force and accounted for about 60 percent of all raw materials for the local industry. He said an extensive revision of direct and indirect taxation legislation would also be important for the recovery of the economy. “This will render it conducive to investment, facilitative of exports, devoid of negative impacts upon domestic manufacturing costs and become non-punitive to below the Poverty Datum Line (PDL) income earners.” Bloch said the total, or partial privatisation of key parastatals and State enterprises including Zimbabwe Electricity Supply Authority Holdings (Zesa), National Railways of Zimbabwe (NRZ), Air Zimbabwe, and TelOne, would also be critical, following the enactment of the State Enterprises and Parastatals Management Bill and the State Enterprises Restructuring Agency Bill that were expected to improve their efficiencies, thereby achieving their recapitalisation and access to state-of-the-art technologies, enabling critically necessary service delivery enhancement, greatly needed by industry, mining, agriculture, and other economic sectors,” he said. Bloch said continued implementation of the indigenisation policy in its current form, where all foreign-owned firm are required to have locals holding a controlling 51 percent stake, would not be favourable. “Pursuit of the currently prevailing indigenisation policies is economically disastrous, can only intensify the economic decline, and instead they must urgently be revised,” he said. “Restoration of foreign investor confidence as to investment security, with especial regard to substantive and constructive revision of the Indigenisation and Economic Empowerment legislation and policies, to very considerable reinstatement of investor security confidence and genuine and extensive widespread national economic empowerment.” Zanu PF in its 2013 election manifesto, had forecast its government will be able to create $7,3bn in value from 1 138 indigenised firms  across 14 key sectors of the economy. It said the programme would create 2, 265 million jobs across key sectors, contribute to export earnings, food security and to government coffers, and drive the country’s average economic growth rate to nine percent by 2018 up from the current 4,4 percent, while unlocking $2tn into the economy. Economist Vince Musewe concurred on the challenges posed by the election outcome and the indigenisation drive. “Our politicians are not helping here and the reputational risk placed on Zimbabwe by our recent elections and the politically driven indigenisation crusade will continue to be an albatross upon our necks,” he said. Musewe said funding would be critical to resuscitate, sectors identified as key to the recovery of the country. “We must focus in reviving agriculture as this will trigger growth in upstream industries. We need a fresh approach that acknowledges the mistakes of the past in this sector. We must have accountability and further investment in our mining sector. “These must be our engines of revival for the short to medium term. We can generate adequate money to then look at infrastructure rehabilitation which in itself is a huge opportunity to create jobs and also trigger our industrial revival. “If we only focus on these for now we will begin to steer Zimbabwe in the right direction,” he said. “But remember that these sectors need new money which means that we must see an attractive investment climate emerging first. Where will the money come from is the question on everyone’s mind right now.”

Can Zanu PF pull off Houdini act on economy? by ZimSitRep – 09-03-2013
via Can Zanu PF pull off Houdini act on economy? – DailyNews Live Reviving Zimbabwe’s battered economy will not be a walk in the park for the incoming Zanu PF government, as there is so much that needs to be done. During the campaign for the harmonised elections held on July 31, both the “winning party” Zanu PF and the loser MDC promised the electorate that they had the right remedy for the country’s ailing economy. Since the MDC “lost” the elections, the ball is now in Zanu PF’s court to deliver on their promises. Zanu PF promised to create 2,265 million jobs across key sectors of the economy and ensure food security. The party also said it is targeting to create value of $7,3 billion from the indigenisation of 1 138 firms and over $1,8bn from the idle value of empowerment assets unlocked from parastatals, mineral rights and claims. Zanu PF also promised an average gross domestic product growth rate of nine percent by 2018, up from the current 4,4 percent. Burt making promises has never been a problem for politicians, Zanu PF included. The sticking point is implementation, and making good on such promises. Does Zanu PF have the means to end the country’s economic stagnation? The party’s trump card to economic glory is the indigenisation and economic empowerment programme. Critics believe the policy will actually be its biggest undoing, as it has already resulted in loss of investor confidence and capital flight. I believe it would have to be a Houdini act for Zanu PF to deliver on its promises to the Zimbabwean populace. Even if there is the will power to deliver, circumstances and size of the task might be the biggest drawback. One thing Zanu PF must not forget is that the country does and will not be operating in a vacuum; its recovery and growth will also depend on events happening across the globe, particularly in China and the US. In the past two or so years emerging markets as well as frontier markets have been recording solid growth rates on the back of strong demand from China for commodities, as well as spillovers from the US’s Quantity Easing Policy. China has been the world’s largest consumer of a broad range of primary commodities. As a percentage of global production, China’s consumption during 2010 accounted for about 20 percent of nonrenewable energy resources, 23 percent of major agricultural crops and 40 percent of base metals. Chinese demand however seems to have faltered, and this will take its toll on investment and exports for many countries across the globe, Zimbabwe included. China’s slowdown in growth will have a significant impact on commodity producers such as Zimbabwe, where exports are dominated by minerals. Plummeting commodity prices suggest that mining will not easily help Zimbabwe recover unless there are serious adjustments to the costs of production or mining. The normalisation of monetary policy in the US is also going to weaken investments across the globe. As of March 20 2013, the Federal Reserve under Ben Bernanke had added $2 101 trillion to the base of the US money supply since September 2008. Much of the new money spilled into the developing world, as investors desperately sought better returns in new markets. Countries that were previously shunned by international investors suddenly received windfalls as they managed to access international capital for the first time. This year, Zimbabwe got its fair share with the stock market recording a 39 percent year-to-date gain as at May 30 after foreign investors poured money onto the market. With the Fed eyeing an exit from loose monetary policy, emerging markets are coming under pressure. Bernanke has already said if all went well, the Fed would begin tapering off sometime, the party cannot last forever. His words have echoed loudly in emerging economies as growth is already slowing, and could slow further. Obviously this is not the kind of economy that the “New Zimbabwe” would want to contend with, as chances of a recovery will be very slim. Foreign direct investment and loans could become scarce, which would also impact the country’s attempts to improve productivity and growth. Looking into 2014 and probably a few more years down the line, Zimbabwe will have to move mountains to be able to make a strong growth comeback given these events happening elsewhere in the world. In theory, the new Zanu PF government is expected to bring in much-needed stability in terms of policy formulation and implementation, and help soothe investor fears currently characterising the economy. However, it’s no guarantee that conditions are significantly going to improve in the next two or so years. Aside from the obvious China susceptibility and the presumed end of US quantitave easing, the country faces a myriad of domestic problems, particularly in terms of over indebtedness. Corporate balance sheets are in a poor state and the Zimbabwean consumer is heavily leveraged, which might lead to a seize-up in domestic demand. The country’s manufacturing sector is deeply in the red, while the mining sector is feeling the crunch of plummeting commodity prices. Even so, the country remains extremely uncompetitive, with constraints such as aggressive wage legislation and obsolete machinery at most companies all likely to impede the recovery process.

Highest level of food insecurity in years by ZimSitRep – 09-03-2013
WFP News Release 3 September2013

HUNGER LOOMS AS ZIMBABWE FACES HIGHEST

LEVELS OF FOOD INSECURITY IN YEARS

HARARE – Hunger is on the rise in Zimbabwe with an estimated 2.2 million people – one in four of the rural population- expected to need food assistance during the pre-harvest period early next year. This is the highest since early 2009 when more than half the population required food support. The extent of predicted hunger is revealed in the recently-published Zimbabwe Vulnerability Assessment Committee (ZimVAC) rural livelihoods report which estimates food security levels and identifies affected areas. The study is led by the Government with support from the UN and other partners. “Many districts, particularly in the south, harvested very little and people are already trying to stretch out their dwindling food stocks,” says UN World Food Programme (WFP) Country Director Sory Ouane. “WFP is working closely with the Government and partners to respond to the looming food crisis and will start food and cash distributions to the most vulnerable in October.” To meet the increased needs, WFP and its partners will provide regionally-procured cereals as well as imported vegetable oil and pulses. Cash transfers will be used in selected areas to afford people flexibility and help support local markets. Distributions will be gradually scaled up from October until harvest time in March next year. The current high levels of food insecurity are being attributed to various factors including adverse weather conditions, the unavailability and high cost of agricultural inputs such as seeds and fertilisers and projected high cereal prices due to the poor maize harvest. WFP monitoring in rural markets has found grain prices 15 percent higher than this time last year. In 2012, for the first time, the Government of Zimbabwe contributed some US$10 million worth of grain from domestic stocks towards a joint relief operation with WFP and partners. This programme provided food assistance to some 1.4 million people in 37 rural districts. To help people withstand future droughts and other shocks, WFP has been implementing a Food for Assets programme in rural Zimbabwe since June. Under this programme, vulnerable communities receive food while taking part in projects such as the construction of community irrigation systems and deep wells.

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  WFP is the world’s largest humanitarian agency fighting hunger worldwide. Last year, WFP reached more than 97 million people in 80 countries with food assistance.   Follow us on Twitter @wfp_media AND @wfp_Africa   For more information please contact (email address: firstname.lastname@wfp.org): Victoria Cavanagh, WFP/Harare, Tel +2634252471, Mob. +263778620233 Tomson Phiri, WFP/Harare, Tel. + 2634799215, Mob. +263772911519 David Orr, WFP/Johannesburg, Tel. +27115171573, Mob. +27.829081417 Elisabeth Byrs, WFP/Geneva, Tel. +41 22 917 8564, Mob. +41 79 473 4570 Gregory Barrow, WFP/London, Tel. +44 207 240 9001, Mob. +44 796 8008474

Zanu PF youths push for revival of national service by ZimSitRep – 09-03-2013
via Zanu PF youths push for revival of national service from Newsday by Obey Manayiti ZANU PF youths have said they want the National Youth Service training camps to be revived to beef up the party’s campaign. Addressing party youths in Mutare on Sunday, Talent Kadzima, spokesperson for the Zimbabwe Revolutionary and Patriotic Youth Network (ZRPYN), a Zanu PF-affiliated empowerment organisation, said the youth training camps should be reintroduced soon to teach youths about Zanu PF’s founding principles. “We want the National Youth Service revived. We need that orientation, that foundation for our people,” said Kadzima. “It has links with our foundation. That is where youths are taught values and integrity such as anti-greed and the sense of nationhood. That will be the basis of youth participation,” she said. The National Youth Service programme was launched by the late Youth minister Border Gezi in 2001 to “transform and empower youths for nation building through life skills training and leadership development”. The programme was, however, discontinued due to lack of funding and after recruits had been widely accused by opposition parties of inciting political violence especially during election time. The service claims to instill in young Zimbabweans a sense of national identity and patriotism. While it proposes to unite people above party lines, it also condemns “foreign influence and intervention” in national politics. Speaking at the same occasion, ZRPYN president John Dambaza threatened to expose Zanu PF ministers and top party officials involved in corrupt activities. “We know there is corruption within our party. Some of the bigwigs are converting resources set aside for youth empowerment to their personal use. In the previous governments, we know several ministers who were corrupt,” said Dambaza. “This time around we will take them head-on. Even the President (Robert Mugabe) knows that some of his officials are corrupt and we will present him with evidence. “The Youth Empowerment Fund never benefited the intended people. Even on land, we know there are party bigwigs who have multiple farms yet we don’t have farms. We should encourage transparency. The new Cabinet should also reflect that aspect of transparency,” he said. At the meeting, Manicaland Zanu PF spokesperson Charles Samuriwo said youths should demand 60% of all opportunities on the basis that they make up more than 60% of the country’s population.

Schools Send Home Pupils for Not Paying Fees by ZimSitRep – 09-03-2013
via Schools Send Home Pupils for Not Paying Fees by Jonga Kandemiiri Schools opened Tuesday with both public and private schools turning away pupils who have not yet paid fees and levies for the new term. A parent in Marondera, Mashonaland East province, who preferred not to be names, told VOA Studio 7 that the majority of school children in the small town were sent back home and told to come back with money to cover their fees. He said pupils were turned away at public school, Godfrey Huggins, and the Roman Catholic-run Naggle House, among others.  The news was the same in most parts of the country, including Harare and Chitungwiza. Some parents said schools were disregarding government policy which says no pupil should be turned away for failing to pay fees. At the same time, the Progressive Teachers’ Union of Zimbabwe said as the schools opened Tuesday, some of its members were being transferred unnecessarily by some school heads. The union said it is seriously concerned with this development which it called “unlawful and vindictive.” “This is a continuation of challenges we have been facing and we believe this is very unfair,” said Majongwe. PTUZ secretary general Raymond Majongwe said some teachers who stood as candidates in the just-ended general election on MDC tickets were also being victimised. Majongwe said their salaries have been suspended with officials referring them to the Public Service Commission.

MDC-T condemns endless attacks on its supporters by ZimSitRep – 09-03-2013
via MDC-T condemns endless attacks on its supporters | SW Radio Africa by Nomalanga Moyo MDC supporters are facing a campaign of violence and harassment at the hands of ZANU PF activists, in what is being seen as post-election retribution. On Saturday in Mutoko North, MDC-T losing parliamentary candidate Givemore Chinopfumbuka and four others, were hauled before the area’s headman for allegedly insulting traditional leaders during the run up to the July 31st elections. Chinopfumbuka told SW Radio Africa correspondent Lionel Saungweme that they have been summoned to appear before Headman Rutsito after a week, to face judgement. The MDC-T activists fear being banished from the area if found ‘guilty’. In Mberengwa East, suspected ZANU PF activists are making anonymous phone calls to MDC-T members and threatening them with unspecified action. According to Saungweme the caller, who claims to be based in Harare, usually tells his victims that he is aware of their MDC-T related activities before threatening to “sort them out”. “This has been going on for more than a week. A report has been made to the police but so far, there have been no arrests,” Saungweme added. In Uzumba Maramba Pfungwe, ZANU PF militia reportedly attacked and displaced an MDC-T local council candidate for Ward 5 in the recent elections. In a statement the MDC-T said Gift Kapawu, his wife and four children have since sought refuge elsewhere. The MDC-T said: “The ZANU PF militia, who were heavily armed with knobkerries and machetes, accused Kapawu of daring to contest against their candidate in the just ended disputed elections. The thugs went on to destroy Kapawu’s homestead and stole some household goods. “Kapawu reported the incident to the police at Chitsungo police station, but no action has been taken,” the party said. Condemning the attack on Kapawu, the MDC-T said it was disturbed that ZANU PF continued with such attacks, even when they claim to be victors in the just ended elections. “The continued persecution of people of dissenting and divergent views by ZANU PF clearly exposes the level of intolerance entrenched in the party,” the MDC-T said. Across the border in Musina South Africa, a surge in refugee numbers has been observed since the disputed election result. Pastor Simon Sithole, a patron at Musina Compassion Refugee Centre, told The Zimbabwean newspaper that the centre was struggling to cope with the influx of refugees who were fleeing political victimisation. “We need support to manage these escalating numbers because now we have more than 8,000 Zimbabweans at the centre and most of them are sleeping in the open,” Sithole told the paper.

More Zim companies face indigenisation threat by ZimSitRep – 09-03-2013
via More Zim companies face indigenisation threat | SW Radio Africa by Alex Bell About 100 Zimbabwean companies have been handed a 14 day ultimatum to officially register their compliance with the controversial indigenisation laws, or face serious punitive measures. In a statement published over the weekend, the National Indigenisation and Economic Empowerment Board (NIEEB), issued the ultimatum giving companies whose indigenisation plans have been approved, two weeks to apply for certification. The NIEEB also said that companies trading in the reserved sectors of the economy, such as retail, had until January next year to comply with the laws. This was followed by a warning that failing to do this would result in punitive action, including a fine or even prison time. “Any person who operates a business in the sectors prescribed under the Third Schedule without an indigenisation compliance certificate from 1st January 2014 shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment,” the NIEEB statement read. The ZANU PF led indigenisation campaign has been characterised by threats against foreign owned firms across different business sectors, leading to serious uncertainty. This in turn has led to some companies closing their doors, including the shut-down last week of Dalny gold mine near Kadoma. The mines Canadian parent company announced last Friday that 900 workers have been sent home on unpaid leave, blaming the indigenisation scheme, among other issues. Toronto-listed New Dawn Mining also warned that it was uncertain about the continued viability of its other operations in Zimbabwe, including Old Nic and Turk-Angelus mines in the Matabeleland regions. Camperdown and Golden Quarry mines in the Midlands could also be affected, along with Venice mine near Kadoma. In a statement last Friday, the company said it was putting Dalny Mine on ‘care and maintenance’, listing a number of problems, including delays in reaching an agreement with the government over its indigenisation compliance plan. The company said uncertainty over the issue was adversely impacting its operations. “A major underlying factor contributing to the Dalny Mine’s current difficulties has been the more than two year delay in the still incomplete approval process for the Company’s proposed Plan of Indigenisation,” New Dawn said. It added: “After years of underdevelopment, had an investment program in the Dalny Mine been implemented and completed as originally anticipated, the Dalny Mine would have been positioned to maintain profitable operations in today’s environment of lower gold prices and increasing costs.” This development means that the 900 mine workers and their families, which is estimated to be almost 4,000 people, have been left with no access to a basic salary. The country is already battling more than 90% unemployment and a looming hunger crisis, and it is feared this will not be the last company to close its doors. Economist Masimba Kuchera said the economic climate is “very tense,” saying there is a “free for all” underway in terms of the indigenisation scheme. “The NIEEB is acting independently without any government guidance because there is no cabinet to direct the policy. So there is this vacuum that is adding even more tension to the market,” Kuchera said. He said the political tensions that have followed the elections and the anti-West rhetoric being voiced by ZANU PF was also adversely affecting the situation. “The investment market has indicated the uncertainty and this can be seen by the downward spiral of the stock exchange. So really what is needed now is clarity and a clear policy direction to be implemented,” Kuchera said.

SADC went beyond its mandate on exiled media by ZimSitRep – 09-03-2013
via SADC went beyond its mandate on exiled media | SW Radio Africa By Tichaona Sibanda SADC overstepped its mandate of observing the July 31st elections, by advocating for the immediate closure of exiled radio and TV stations broadcasting into Zimbabwe, according to analysts. Political analysts and journalists interviewed by SW Radio Africa on Tuesday condemned the recommendation and described it as retrogressive. Gideon Chitanga, a PhD candidate in politics and international studies with Rhodes University in South Africa, said the recommendation can only be described as going beyond their mandate to observe elections. He said the SADC mandate did not ask them to make recommendations about the country’s media laws. Chitanga told our weekly program Padare-Speak out that the observer mission, led byTanzanian Foreign minister Bernard Membe, may have misdirected itself for demanding the closure of exiled media. Presenting the report in Harare on Monday, Membe said the conduct of the July 31st elections, was ‘free, peaceful and generally credible.’ ‘This is hypocrisy on the part of SADC. ZANU PF refused to reform media laws in Zimbabwe and SADC kept quiet. The reason we have these private radio stations operating outside the country is because they were denied operating licences by the Broadcasting Authority of Zimbabwe. ‘A ZANU PF government will never accept interference by other countries in its internal affairs. So why should we accept foreign interference designed to buttress a system that is expected to suppress the flow of information,’ queried Chitanga. Wonder Guchu, a former Zimpapers journalist now working in Windhoek, Namibia said SADC’s intentions were meant to deprive Zimbabweans of alternative voices. ‘In Zimbabwe we only have ZBC radio and TV stations controlled by ZANU PF. And the other two independent radio stations are controlled by Supa Mandiwanzira, (a ZANU PF MP) and Zimpapers. ‘The reason why these stations were established outside the country is simply because they were not allowed to operate in Zimbabwe. In Namibia there are about ten state and independent radio stations, and so why is it a problem to create space for others to operate,’ Guchu said. While the regional body applauded Zimbabwe for holding peaceful elections, it did not mention the rigging accusations made by the MDC-T and civil society organizations.

Mtetwa’s trial postponed by ZimSitRep – 09-03-2013
via Mtetwa’s trial postponed to September 24 | The Zimbabwean by Edgar Gweshe THE trial of prominent human rights lawyer, Beatrice Mtetwa, resumed today at the Harare Magistrates Court with the second witness lined up by the State to testify in the case completing his evidence before the court. The State has lined up nine witnesses to testify in the case while the Acting Director of Public Prosecutions in the Attorney General’s Office, Tawanda Zvekare, is leading the prosecution. The trial, which was heard before Harare Magistrate, Rumbizai Mugwagwa, is set to continue on September 24. Mtetwa was arrested on March 17 and charged with contravening Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act for allegedly defeating or obstructing the course of justice. Her lawyer, Harrison Nkomo, of the Zimbabwe Lawyers for Human Rights, confirmed that cross examination of the second witness, Detective Assistant Inspector Wilfred Chibage , was completed today. “We finished with the cross examination of the second witness. The trial is set to resume on the 24th of September and that is when cross examination of the other witnesses that have been lined up by the State is going to resume,” said Nkomo.

Legislators should find common ground: Madzongwe by ZimSitRep – 09-03-2013
via Legislators should find common ground: Madzongwe | The Zimbabwean by Nelson Sibanda Members of Parliament from across the political divide should have unity of purpose and formulate laws serving the interests of all Zimbabweans, says incoming President of the Senate, Edna Madzongwe. Madzongwe who was re-elected President of the Senate today following the swearing in of Senators in Harare, said: “Laws and motions passed in the August House should be beneficial to Zimbabweans from all walks of life, irrespective of political affiliation.” She said she was delighted to be part of ‘the unique’ Senate serving the country under a new people-driven constitution. Madzongwe attributed her Senate Presidency to Zanu (PF) policies which she said empowers women. Madzongwe was duly elected to the presidency with Chen Chenhamo Chimutengwende as her deputy without opposition. The two Zanu (PF) Senate presiding officers were officially sworn-in by the Chief Justice, Godfrey Chidyausiku. MDC-T did not participate in the electoral process. Speaking in the Senate, Chief Fortune Charumbira said parliamentary business should be aimed at improving lives of Zimbabweans. “People expect their representatives in parliament to make Zimbabwe create jobs, quality education, health services among other needs,” said Charumbira. He said parliamentary debates should reflect Zimbabwean culture. The 8th Senate of Zimbabwe has 80 members, 37 Zanu (PF), 21 MDC-T, two MDC, two representatives of people living with disabilities and those representing traditional chiefs.

Jacob Mudenda sworn in as Speaker by ZimSitRep – 09-03-2013
via Jacob Mudenda sworn in as Speaker of Parliament | The Zimbabwean by Nelson Sibanda Zanu (PF)’s Jacob Mudenda was today sworn in as Speaker of Parliament by Chief Justice, Godfrey Chidyausiku in Harare, and will be deputised in the House of Assembly by Mabel Chinomona from the same party. They were uncontested following their endorsement by the Zanu (PF) politburo and after MDC-T boycotted the swearing in of legislators. The process did not go to the election stage since no other candidates came up to contest against the suggested Zanu (PF) contestants. The Clerk of Parliament, Austin Zvoma, presided over the swearing in of elected MPs. The National Assembly now has a total of 270 members while Senate has 80 members. The number of legislators in the National Assembly rose following the new constitutional provision which created 60 more seats reserved for women under the proportional representation system. Out of the 270 National Assembly legislators, 197 are Zanu (PF), MDC-T has 70, MDC 2 while one is an independent. Mudenda takes over the position from former MDC-T Speaker, Lovemore Moyo. He is a former governor of Matabeleland and a board member of the Zimbabwe Human Rights Commission. Zanu (PF) legislators broke into song and dance immediately after the swearing in of its members. Following the swearing in ceremony, Parliament is expected to be officially opened by President Robert Mugabe on September 17

MDC-T to approach SADC over “erroneous” endorsement of polls by ZimSitRep – 09-03-2013
via MDC-T to approach SADC Chair over “erroneous” endorsement of polls: Tsvangirai | The Zimbabwean by Edgar GwesheMDC-T leader, Morgan Tsvangirai, today said his party would be approaching the Southern African Development Community to register their displeasure over the recent endorsement of the July 31 elections by the regional body. Tsvangirai is on record claiming that the just ended Zimbabwe polls were a farce. He cited a chaotic voter registration, shambolic special vote exercise, fake voter slips, bussing of voters and a high number of assisted voters. Yesterday, the SADC Electoral Observer Mission endorsed the poll outcome which they said reflected the will of the people of Zimbabwe, drawing the ire of the MDC-T. Tsvangirai revealed his party’s intentions today at Chikurubi Maximum Prison where he had paid a visit to the MDC-T Deputy National Chairperson, Morgan Komichi, who is facing allegations of vote fraud as well as two other activists, Last Maengahama and Solomon Mapanzure who were arrested on charges of murdering a police officer in 2011. “We will be visiting the Chairperson of SADC and the Chairperson of the Troika just to say perhaps you arrived at this conclusion erroneously. We cannot stop engaging SADC over this issue,” said Tsvangirai. Tsvangirai bemoaned that the final SADC report on Zimbabwe’s elections was more of an amplification of Zanu (PF’s) propaganda. In his address yesterday, SEOM Chairperson, Benard Membe, made reference to the sanctions imposed on Zimbabwe in 2002 the height of human rights abuse which he said had made the two MDC formations unpopular among the electorate. Said Tsvangirai: “How do you talk about sanctions and that we have been campaigning for them and that is why we lost.” He said that SADC, by endorsing Zimbabwe’s election outcome, had largely compromised on their set standards and guidelines concerning the conduct of democratic elections. “The final report is not different from the initial endorsement. In Maputo, SADC was clear that reforms were necessary and secondly SADC has its own guidelines and we have been waiting for it to see if our elections conform to these set guidelines,” said Tsvangirai. He dismissed chances of a political uprising by his party saying “we do not act with motion but with conviction”. With regards his incarcerated party members, Tsvangirai said “their spirits are high” although he said their long incarceration and the charges being leveled against them were a serious cause for concern. “The charges they are facing put a very serious dent on our justice system. We hope our lawyers will succeed in securing bail for them,” said Tsvangirai.

Mining community challenges government by ZimSitRep – 09-03-2013
via Govt, develop communities: CCDA | The Zimbabwean by Clayton Masekesa The Chiadzwa Community Development Association has challenged President Robert Mugabe and his government to come up with a law governing the mining industry, which will compel companies to re-invest in the communities in which they mine. Speaking at a community meeting in Mutare, CCDA chairman, Joseph Chatora, said it should be mandatory for investors in the mining industry to be responsive to community needs. “Zimbabwe’s legal, policy and institutional frameworks governing the mining sector do not effectively promote good governance, transparency and accountability,” said Chatora. “This view is shared by all stakeholders ranging from immediate communities, Members of Parliament and some of the companies themselves.” Residents from Chiadzwa said they were being forced to pay $3 per household for the rehabilitation of Mukwada Clinic, their local health centre. “We all want a good clinic in our area, but if we are ordered to pay $3 per household then there is a problem,” said Lovemore Mukwada. “We are sitting on the richest land in the country but our diamonds are not benefiting us. Why not compel the diamond mining companies to help us build this clinic?” Mbada Diamonds, Anjin Investments, Diamond Mining Corporation, Marange Resources and Genani are some of the companies mining diamonds in Chiadzwa.

Business as usual as MPs sworn-in by ZimSitRep – 09-03-2013
via Business as usual as MPs sworn-in | The Zimbabwean by Adrian Mutigwe It was business as usual in Harare today despite the swearing in ceremony of just under 400 legislators for the country’s 8th Parliament in both the upper and lower houses. President Robert Mugabe’s Zanu PF which won two thirds of a disputed election a month ago once again failed to galvanise the Zimbabwean capital’s mood still trying to come to terms with a poll result most citizens say they do not know where it came from. A couple of hundred slogan chanting and swaying Zanu PF supporters singing liberation war songs tried in vain to create a festive atmosphere but for most people it was business as usual. “Well, there is nothing to celebrate and you can read the mood yourself. This is a non-event if you ask me,” Tichaona Munda, a vendor along Nelson Mandela Avenue a few meters from Parliament building. Tecla Musipa, an office worker who was passing by said, “Zimbabweans are tired of this madness. We had expected SADC to deliver a more people centered verdict on the elections. “How can they (SADC) pass the elections as representing the will of the people when the same organization cannot say whether the elections were free or fair? It is disheartening really,” she said. However a Zanu PF activist in flowing party apparel who refused to be identified claimed Zimbabweans across the divide have welcomed the demise of the MDCs. “Zimbabweans do not want this MDC nonsense that is why they voted for Mugabe and his troops. We are in (tapinda). We celebrate in our own way and that does not mean coming here in thousands. [People did not have transport money and food. Normally we have these that is why you see so few people,” he said. Mugabe won 61 per-cent of the vote in the July poll beating arch-foe outgoing Prime Minister and MDC-T leader Morgan Tsvangirai who garnered 43 per-cent of the Presidential poll. Mugabe’s Zanu PF in power since majority rule from Britain 33 years ago also swept 160 of the 210 seats on offer in the lower house giving the nonagenarian Zimbabwean strongman unfettered power he had lost in 2008. Tsvangirai has disputed the poll outcome calling it a “monumental fraud” and calling for fresh election before year-end. Regional power block SADC had endorsed the poll despite refusing to pass the elections as fair and giving a qualified grade on the credibility of the poll. Western countries led by Britain and the USA have refused to endorse the poll outcome and called for an audit while regionally western neighbor Botswana has stuck out as a sore finger coming short of calling for a fresh election.

Elections compliance per SADC Principles and Guidelines by ZimSitRep – 09-03-2013
via Measuring the Zimbabwe 2013 Harmonised Elections’ compliance in accordance with the SADC Principles and Guidelines by Crisis in Zimbabwe Coalition From our assessment it is difficult to accept the SADC Election Observer Mission (SEOM) report as a true reflection of the credibility of Zimbabwe’s 31 July 2013 harmonised elections In respect of the 15 guidelines and standards we assessed, there was virtually no compliance in regard to 8 (53.3%) and only partial compliance in line with 6 (40%). Only 1 (6.7%) principle was fully complied with which relates to the holding of elections at regular intervals. One of the most important guidelines regarding the existence of an updated and accessible voters’ roll was not complied with at all. It is our contention that this is the regionally accepted guideline that informed the SADC Election Observer Mission (SEOM), as highlighted by Mr Bernard Membe on 2 September 2013 in Harare. From our table below the first column itemises the issues; the second outlines the SADC principle or guideline as extracted from the SADC Principles and Guidelines and the third column provides our judgment on whether or not the conduct of elections satisfied the particular SADC principle or guideline. The scale of classification shows whether in respect of each principle or guideline the conduct of elections was: Compliant; Partially Compliant or Non-Compliant.

Hunger on the rise in Zimbabwe: UN by ZimSitRep – 09-03-2013
via Hunger on the rise in Zimbabwe: UN – Times LIVE The United Nations on Tuesday warned hunger in Zimbabwe is on the rise and 2.2 million people will need food assistance next year. The level of need is the worst since 2009, when Zimbabwe scrapped its own currency in favour of the US dollar in order to end record-breaking hyperinflation and attempt to stabilize an economy in a tailspin. “The food security situation is deteriorating and is at the worst levels since 2009,” said Victoria Cavanagh, a spokeswoman for the UN’s World Food Programme in Harare. “A quarter of the rural population will need food assistance in the pre-harvest season next year,” she said, referring to the first three months of 2014. Food prices in Zimbabwe are already on the rise — in some cases up by 15 per cent — and could go even higher as the availability of commodities likes grains and cereals diminishes. The country has been hit by a number of factors, including erratic rains this year and rising costs of goods like fertilizers. Zimbabwe suffers from very high unemployment — some estimates put it as high as 70 per cent of the workforce — which means people cannot cope with higher prices. The WFP will be providing food aid and also cash to the poorest, so that they can purchase goods on the local market. This should add some stimulus to the weak economy. Zimbabwe was once self-sufficient for its food needs, but the agricultural sector has been badly hit over the last 15 years, in part because of land grabs of white-owned farms by the government. The government itself estimates food production is half of what it was in 2000. Investors, with their desperately needed foreign capital, remain wary of Zimbabwe as President Robert Mugabe, who was re-elected in July for another term to continue his 33 years in power, has pledged to expand nationalization schemes.

Schools open amid teacher shortage by ZimSitRep – 09-03-2013
via Schools open amid teacher shortage by NewZimbabwe Schools opened across Zimbabwe on Tuesday amid a serious teacher shortage, blamed on a government directive ordering a freeze on the recruitment of temporary teachers. The Civil Service Commission (CSC), a successor to the Public Service Commission, last Thursday ordered a freeze on the recruitment of new public sector workers. Schools, which are short by at least 22,000 teachers, take on temporary teachers on a term-by-term basis to bridge the deficit. But the CSC directive has caused great uncertainty and anxiety in the education sector, a teachers’ union warned. “So far, the Commission has not given the direction on what will happen to the education sector. We feel the government, through the CSC, should have created a transitional mechanism in the recruitment of teachers,” said Zimbabwe Teachers Association CEO, Sifiso Ndlovu. The problem has been exacerbated by the lack of an Education Minister, with President Robert Mugabe yet to announce his cabinet following his inauguration on August 22. David Coltart was the Education Minister in the previous government. Said Ndlovu: “This being a transitional period, this uncertainty will affect the learning process. We hope the posts will be unfrozen, and the system decentralised to provinces and districts so that pupils do not suffer.” Boithatelo Mnguni, the provincial education director for Matabeleland North, said the third term was critical as some pupils were preparing to write their final examinations. “As schools open, this will affect the learning process because there are schools that are run by temporary teachers. From the directive, it looks like no one should assume duty until we get approval,” she said. “We are not very clear of what to do. Although our officers had made some recruitments, it means those teachers cannot assume duty until we get approval from the CSC. We will, however, keep those records until we get the go ahead.” The directive which sparked the uncertainty was issued by CSC secretary Pretty Sunguro on Thursday last week. She said the country’s new constitution had abolished the Public Service Commission and in its place introduced the CSC. She said the Commission had withdrawn and cancelled all its circulars and general letters that delegated the power to appoint members of the civil service to heads of ministries. “Henceforth, appointment of any member of the civil service will be the sole mandate of the Civil Service Commission. Therefore, any appointment made by any head of ministry or any other member than the Civil Service Commission shall be null and void,” she said. “Any member who authorises such an appointment shall be personally liable for the employment costs of such appointments.” The Salary Services Bureau (SSB) had directed provincial education officers to submit names of new teaching staff by September 8 to ensure they get their salaries on time, but Mnguni said unless teaching posts were unfrozen urgently, they were unlikely to meet the deadline. “This means teachers will delay assuming duty and that means delay in their salaries also. We will now have a challenge of hunting for these teachers and their deployment especially to remote schools will take longer. It is unfortunate that we got the directive when our districts had done some paperwork,” she said.

Broad money supply declines by ZimSitRep – 09-03-2013
via Broad money supply declines – DailyNews Live by John Kachembere Zimbabwe’s annual broad money supply growth declined by 18,8 percent in the 12 months to May 2013 as the country’s economy suffocates under liquidity constraints among other challenges. According to the African Development Bank (AfDB)’s monthly economic review for July 2013, the country’s broad money supply growth — defined as total banking sector deposits — dropped from 31 percent to 12,2 percent during the period under review. The regional bank noted that higher growth rates recorded in the past were a result of the low base from which the money supply was growing when the economy adopted the multicurrency system in 2009. “The present low levels of growth in money supply are consistent with the level of economic activity,” said AfDB. The institution indicated that on a month-on-month basis, money supply went down from 4,4 percent in April 2013 to 1,3 percent in May 2013 while savings and short-term deposits declined while long-term deposits increased. “Among other factors, if the economy’s external balance of trade improves, and Zimbabwe is able to attract more foreign direct investment (FDI) and portfolio investment, then the liquidity constraints in the economy would improve,” it said. AfDB said annual total banking sector deposits increased to $4,02 billion from $3,58 billion. On a month-on-month basis, total banking sector deposits for May 2013 increased to $4,02 billion from $3,97 billion recorded in previous month. The group attributed the increase in total bank deposits in May 2013 to the significant 28,29 percent increase in long-term deposits. “However, demand deposits, savings and short-term deposits fell by 1,98 percent and 4,14 percent respectively. The increase in long-term deposits by 28,29 percent indicates an improved depositors’ confidence in the banking sector, despite the uncertainty surrounding the post-election period.”

MPs undergo induction by ZimSitRep – 09-03-2013
via MPs undergo induction – DailyNews Live by Chengetai Zvauya Members of Zimbabwe’s 8th Parliament yesterday went through their induction programme in Harare with some promising to carry out their duties diligently. MDC members participated in the morning session as Zanu PF legislators were attending their party’s parliamentary caucus at the party headquarters. Zanu PF MPs did their induction later in the afternoon. James Maridadi, MDC MP for Mabvuku Constituency, said he was looking forward to start his work as an MP. “Being in Parliament for the first time is quite an experience, as people in my constituency have a lot of expectations from me,” he said. “I have to debate national issues and I expect less heckling and name calling from MPs across the political sides. “We should leave partisan politics outside parliamentary chambers and focus on debating important motions as the people who voted us expect to be represented fully.  However, I know that I am still a new MP and I am going to stand guided by my party, but it does not mean that I have to rubber stamp everything that will be brought before the house without debating on it.” Maridadi, who was the former chief of protocol in ex-prime minister Morgan Tsvangirai’s office, defeated Zanu PF member and lawyer Godwills Masimirembwa in the July 31 elections to clinch the Mabvuku seat. Jonathan Samukange, an independent MP for Mudzi South, said he was ready to serve his country. He defeated Eric Navaya who had been nominated by Zanu PF as its candidate. “I have been working as a lawyer for the past 30 years and I am now going to be a legislator and want to contribute in bringing good laws to the country,” Samukange said. “Bad laws like Public Order and Security Act (Posa) and Access to Information and Protection of Privacy Act (Aippa) have to be repealed because they are of no use in a democratic country. “These laws have been abused in many instances as I represented people who were charged with Posa but were cleared by the courts. Under Posa, people are charged for insulting President Robert Mugabe, I believe that we don’t have to fear the president but we have to respect him. “I have not supported Aippa as I don’t like the way it has been applied against journalists.  If one feels that he has been defamed by a newspaper article, you can sue the newspaper and the reporter for civil defamation as I have done in the past.” Samukange confessed that he was a Zanu PF member and was going to be supporting and voting with them in Parliament. “I am Zanu PF at heart and I am de facto MP for the party but de jure independent MP.” Joseph Chinotimba, Zanu PF MP for Buhera South, expressed joy in coming to Parliament and said he wanted to perform better than his predecessors. He was in a humorous mood. “People of  Buhera expect Chinotimba to repair the roads and put tarred roads,  I want to ask them what Morgan Tsvangirai did for them,” Chinotimba told the Daily News. “Did he put up tarred roads when he was prime minister but they now expect Chinotimba to do that for them. I am a small politician compared to Tsvangirai, who did not do anything to them. “Former MP Naison Nemadziva had turned the constituency office into a private office and  I have to open it to the public and this is why the people did not vote for Tsvangirai and his party, because they were cheating people.” The MPs, who are expected to be sworn in today will elect a new speaker of the National Assembly and president of the Senate through secret ballot conducted by Zimbabwe Electoral Commission (Zec). Clerk of Parliament Austin Zvoma will administer the oath.

State pursues Mwonzora’s 1999 case by ZimSitRep – 09-03-2013
via State pursues Mwonzora’s 1999 case – DailyNews Live by Tendai Kamhungira MDC spokesperson Douglas Mwonzora has been dragged to court over a 1999 case, which the State is pursuing despite the complainant withdrawing the matter. Mwonzora, a lawyer by profession, was yesterday summoned to appear before a Harare magistrate for allegedly fleecing his client Lameck Kunjeku of Z$300 000 in 1999. Kunjeku yesterday told the court that he is no longer interested in the case, but the State insisted it was proceeding to trial. Regional magistrate Themba Kuwanda was surprised at the State’s insistence, adding that the actions created “unnecessary suspicion on the system”. “General law of practice says once a complainant says he is no longer interested, the matter is withdrawn,” Kuwanda said. He queried who resuscitated the case and why the State was insisting on going to trial yet the complainant had made it clear that he was not interested. “Why should you behave like that, what is the reason for that?” Kuwanda asked. He, however, ordered the State to convert the amount being alleged in State papers, into United States dollars. Mwonzora gave notice that he was going to apply for refusal of remand when the matter comes for trial on September 12. He said it was impossible for him to be tried now over an issue that happened 14 years     ago and have been withdrawn twice before. “I am being persecuted in this matter and I need protection from this court against abuse by State officials,” Mwonzora said. Allegations against Mwonzora arose after Kunjeku bought a Mazda 626 in 1999 from someone only identified in court papers as R Masuku. It was later discovered in 2001 that the vehicle had been stolen. Kunjeku, who was being represented by Mwonzora, allegedly won a Z$300 000 lawsuit against Masuku in 2003. When the judgment was delivered, it is alleged that Masuku was in prison and hence it could not be executed. The court heard that Mwonzora later received the money from Masuku’s relative in 2005 and failed to remit it to Kunjeku.

Of heroes, anti-heroes and heroics heroics by ZimSitRep – 09-03-2013
via Of heroes, anti-heroes and heroics heroics — Nehanda Radio By Dumisani Muleya Mugabe at the burial of national hero, Zanu PF founder and former minister Enos Nkala, gave a profound narrative of the life history of the man he described as his personal friend. It was a heartfelt account, devoid of the usual ranting and raving which sometimes make it rather agonising to listen to him. Mugabe gave insights into Nkala’s personal and political life; painting a picture of a man who dedicated most of his lifetime to the liberation of Zimbabwe. He spoke about his family issues, including his first wife’s infidelity, children, his academic interest and political activities, as well as his passionate resistance to oppression. He described Nkala as an “unyielding” nationalist who fought tenaciously against white colonial rule and settlerism. Mugabe also touched on his own life and political history as he sought to explain the nexus of events and how he came across Nkala and became friends with him. Nkala’s deep involvement in the struggle came out clearly as Mugabe narrated the history of Zimbabwe’s national liberation movement, from the days of the Southern Rhodesia African National Congress, the National Democratic Party, Zapu, Zanu, and the Patriotic Front, as well as negotiations that ushered in Independence. This inevitably brought in the issues of political activism, nationalist campaigns, arrests, restriction camps and jails. Mugabe went down memory lane, touching on luminaries like Joshua Nkomo, Ndabaningi Sithole, Leopold Takawira, Jason Moyo, Herbert Chitepo, George Silundika, Joseph Msika, George Nyandoro, James Chikerema, Maurice Nyagumbo, Eddison Zvobgo, Edgar Tekere, Nkala and himself. He mainly covered the period after the rise of the conservative Rhodesian Front, successor to the Dominion Party, and its leader Winston Field and later Ian Smith. However, Mugabe’s narrative was deliberately incomplete ––selective amnesia set in. His account –– which bordered on revisionism –– left out dark chapters in Nkala’s history, in a calculated move designed to justify his friend’s divisive hero status. Steeped in patriotic history and employing hagiography to advance his agenda, Mugabe spoke of Nkala the legend, an undisputed hero with epic bravery, made all the more colourful by his bold and dramatic exploits. In the process, Nkala’s later life bad activities and criminal heroics were buried under Mugabe’s eulogies. His role in the deadly Entumbane clashes between Zipra and Zanla, Gukurahundi massacres and the Willowvale Motor Industries scandal was totally erased from his profile. Although Nkala fought doggedly during the liberation struggle, he later squandered his legacy by engaging in petty and vindictive politics, leading to killings of thousands of innocent civilians during Gukurahundi. He was also involved in corruption on a grand scale as Willowgate shows. Nkala was in the end a hero-turned-villain; an anti-hero walking the dark side of life, or simply a hero with blood on his hands. Although the full scale of the impact of Gukurahundi is yet to be forensically established, the grisly atrocities are certainly a scar on the conscience of the nation. But then this is Mugabe and Zanu PF we are dealing with. Nkala’s case fits the bill of their inconsistencies. Thenjiwe Lesabe, for instance was denied hero status, while some controversial characters like Border Gezi, Chenjerai Hunzvi, Cain Nkala, Elias Kanengoni and Mernard Muzariri were buried at Heroes Acre. Controversies still swirl over cases of Lookout Masuku, Nyandoro, Chikerema, Canaan Banana, Tekere and now Nkala. I left out Sithole because his case is very different if we are to believe Rhodesian intelligence chief Ken Flower. Heroes generally act in defence of certain ideals and for the greater good. They sacrifice voluntarily, knowing potential risks and costs of their actions and they do so without anticipating personal gain. Simply put, then, the critical element to heroism is a concern for the people –– defending a moral cause, knowing there is a personal risk, and doing so without expectation of reward. So the question is: Among those currently lying at Heroes Acre, who are the genuine heroes and who are not? Dumisani Muleya is the editor of the Zimbabwe Independent and this article was initially published under the Editor’s Memo

The struggle for democracy continues by ZimSitRep – 09-03-2013
via The struggle for democracy continues — Nehanda Radio Opinion by Takura Zhangazha When the inclusive government came into existence, discourse over and about the “struggle” shifted significantly. Whether this discourse was about narratives of “arrival”, or alternatively, “continuity”, the conversations were always inconclusive. In the aftermath of the July 31 2013 harmonised elections, questions that are now coming back to haunt or even re-focus many comrades relate to fundamentals. What is the struggle? Where is it placed? Has it come full circle? How does it continue (if it still exists)? In saying the above, I am aware of the “judgment calls” that will be made on any assumed self righteous assessment of the state of affairs in the mainstream national political opposition. This is because the answers are in and of themselves judgment calls on those that were leading the struggle. A struggle which I remain persuaded exists and does not end with the 2013 electoral defeat of the MDCs (and components of civil society) by Zanu PF. This is because the struggle for a social democratic Zimbabwe has always been much more holistic and more important than all of the parties that were part of the July 31 electoral contest. At this juncture, it becomes important that I define the “struggle”. Our post independence struggle has been a struggle for social democracy in Zimbabwe. It is a struggle that has its roots in the values of the liberation struggle wherein, social and economic justice was the key deliverable for a majority of the people of Zimbabwe (even if by default). It is a struggle that celebrated the achievement of national independence and a joyous desire to participate in the return of our people to the making of Zimbabwean democratic, people centred and self-determining history. Where we welcomed our first majority rule government, we remained cognisant of not only its challenges, but also its primary mandate which was to fulfil the aspirations of the liberation struggle. This was and remains a mandate of all subsequent post independence governments. In our collective understanding of these matters, we measured Zanu PF (as the ruling party) on the basis of its ability to address and achieve the aspirations of our nation’s founding values and principles. A decade after independence we were to find it necessary to challenge the political narrative of Zanu PF and the fundamentals of the manner in which it was governing the country. We were there both in spirit and form at the formation of the Zimbabwe Unity Movement and sought to challenge the ruling party’s hegemony. We sought to initiate a narrative that the country did not belong to one party or specifically that the collective understanding of our national liberation was not singular. Interpretations of the values of the liberation struggle were always going to be varied but without undermining the revolutionary historicity of the same. Similarly, the fact of participation in the liberation struggle was not the singular prerogative of the right to govern as regularly argued by our former liberation movements. Contrary to this view we recognised the posterity component of the struggle. One in which we knew and felt that the progenitors of the same said struggle knew and know that the “baton” will be carried forward by subsequent generations. Unfortunately, this latter understanding of our national politics let alone of the significance of the liberation struggle did not find resonance in the ruling Zanu PF party. This was where and when it had disembarked from the revolutionary path and undertook elitist policies like Economic Structural Adjustment Programme (Esap) that negated the values of the liberation struggle. We therefore, and correctly so, took to exercising our liberation struggle won rights of assembly, association and expression, to oppose the hegemony of Zanu PF. This was done through not only opposing Esap via the Zimbabwe Congress of Trade unions (ZCTU), but also challenging the systematic narrative of political and human rights abuses stemming not only from our new found knowledge of the tragic events and state brutality that occurred in the Matabeleland regions in the early 1980s, but also the failure of the state to meet socio-economic performance legitimacy requirements. We correctly began to question the meaning of the liberation struggle for the majority. We remained aware of the ineptitude of government but were even more significantly aware of the challenges and responsibilities of alternative national leadership. That is why toward the 20th anniversary of our national independence the Movement for Democratic Change (MDC) was formed. True to its founding intentions, the MDC went to the people and began the process of reclaiming the country from the elite and back to the masses. This is why, in the elections of the new millennium, the MDC was to gain ground in both parliament, as well as eventually end up as part of the executive branch of government with the assistance of the Sadc in 2009, only 10 years after its formation. The reality of the matter is that the latitude that the MDCs had during their tenure in the inclusive government was intended to allow them to demonstrate their ability to not only govern, but to demonstrate greater commitment to the holistic aspirations of the liberation struggle. Both as envisioned in the past as well as in lived reality. The above is a key point to explain, because, whereas it was and has been claimed that the mainstream opposition did not have any ideology, the truth is that its genesis was premised on the basis of social democracy. Both in relation to its articles of Constitution, as well as in its political origins via the labour, womens’ and student movements. That the leaders of this counter-hegemonic project failed its own aspirations is an indictment of their ahistorical approach to it. This point brings me to the particular issue of the struggle as I have defined above. It continues. It has to. Not because of individual egos or particular party aspirations. But more because this struggle for social democracy has and still belongs to the people of Zimbabwe. Therefore, whether this generation of leaders genuinely and organically take it up or not, it shall certainly be taken up by subsequent ones. Its new path however must be one that acknowledges past successes and failures, and one that specifically departs from celebrating cults and individuals, instead of principles, values and objectives.

Tendai Biti Strips Down Dictators by ZimSitRep – 09-02-2013
via Tendai Biti Strips Down Dictators – Zimbabwe Election: Latest News & Voting Information FFZE by Tendai Biti All dictators are sustained by fear, patronage and chaos. The arsenal of this group of people is huge ,sophisticated but essentially predatory, brutal and short term. Power must be surrendered to one individual; the godfather. That power is normally acquired from a military coup ,a liberation struggle in the case of most of African dictatorships or some civil war triumph. Yoweri Kaguta Museveni being a good example of this. The most complex and entrenched dictator is the Founder of the new African Nation. He who held the chains at the time of transition from colonialism to independence. The Founding father of the nation. Power must be surrendered to one individual; the godfather. That power is normally acquired from a military coup ,a liberation struggle in the case of most of African dictatorships or some civil war triumph. Yoweri Kaguta Museveni being a good example of this. The most complex and entrenched dictator is the Founder of the new African Nation. He who held the chains at the time of transition from colonialism to independence. The Founding father of the nation. This lot personalise the State and have both de jure and de facto power. They are essentially the State .They are constantly reminding everyone of history and their unique role in liberating the country. One of Kamuzu Banda s famous regular statements was to remind Malawians of “how they were all dogs ” before he liberated them. To the extent that they own they state the culture of entitlement and impunity is the constant order of the day. Hardly anyone of them ever gives up office voluntarily .They die in office or are removed in a violent coup. Director Kelvin Kevin Macdonald made the Last King of Scotland in 2006 that made star Forest Whitaker win an Oscar for playing the life of dictator Idi Amin Dada but trust me all these dictators are so amazing so ingenious and yet so outrageous in respect of what they can do for power and money.Each deserve his Hollywood block buster. They belong in different categories.They are those like Togo s General Gnassinge Eyadema. A young man who become President at the time of Togo s independence from the French but vandalized the same and ran a personalized dictatorship for 41 years until his demise in 2000. He is in the category of those that assumed office immediately after independence The Founding Fathers of the Nation. There are a notorious bunch. Try Omar Bongo Odimba of Benin ,who took power in 1967 at the time of independence and died in office in 2009. Try Mzee Kenyata, and Hastings Banda. The egnimatic Felix Houphert -Boigny falls in that category.He assumed office at Cote de Ivoire s independence in 1960 but died in office in 1993. hung on to power through a complex mixture of bribery and coercion of the country powerful historical tribes and generous accommodation of army officials. None of his predecessors were able to do that plunging the country into civil war. That is one of the threat points of these omnipotent autocrats. They became the State itself such that their demise creates a vacuum that can never be filled effectively thus creating conflict or down right collapse of the State. We saw this in post Siad Barre s Somalia.After his death in 1991 war lords who had benefited from his patronage and protection simply turned on each other. The story of dictator Francois Tombaibaye of Chad is little known but deserves reference too.The eerie looking man took power at independence in 1960. He was so bad that when his officers killed him in 1975 there were parties and orgies in Chad s capital of NDajemena . But lets not create the impression that all of post independent Fathers were so dictatorial and predatory . .Mwalimu Nyerere despite challenges in economic management was a charming humane person. I find great humanism too in Kenneth Kaunda despite his many challenges mistakes and omissions . The poet President Leopold Senghor who ruled Senegal from independence in 1960 to 1980 was a brilliant philosopher who was moderate by the standards that were being proffered by his contemporaries. He did not die in office and handed power to an associate the lanky chocolate black Abdou Diof. But if you thought the first generation of dictators were horrible ,take a look at what I call the second generation class.This is a large group of monsters that acquired power ,mainly through coups against the autocratic founding Father. This lot do not have the legitimacy ,and sometimes the popularity and appeal of the Founding Father. So the dictatorship is more vicious.Further to the extent that they betrayed,and they organized a coup ,they know that what they did to the Founder can also be done against them. This lot therefore tends to be more paranoid ,does not trust anyone and is absolutely ruthless to the point of idiocy . .That is the point about Idi Amin Dada exposed in the Last King of Scotland. With great respect to Idi Amin Dada,the godfather of this lot has to be Joseph Mobutu Seseseko. The history of the country we now know as DRC is tortured and painful.I have no intention of uncovering it but the various mutations of this vast peace of beautiful rich but cursed land tell a story on its own. These names include Congo Free State,Belgian Congo,Republic of the Congo,Zaire and now the DRC. Mobutu carried out his American backed coup in 1965 following a paralysis brought about by a stand off between the President Joseph Kasavubu and the Prime Minister the late and great Patrice Lumumba. From then on Mobuto defined new horizons of theft and kleptocracy.He turned DRC into a one party state at the same time building a personal fortune that ran into billions.He was so wealthy that he could pay off his country s sovereign debt and and regularly lent money to his treasury. This man was a monster in the same league of the chief looter if the Congo ,King Leopold of Belgium. Another notorious second generation gangster is the unbelievable,Emperor Jean Bedel Bokassa of the Central African Republic.The fellow took power in 1979 .This son of a kraal head ceased power in a 1966 coup against his cousin David Dacko . Therein after came a circus of repression abuse and state failure of such unbelievable proportions . The French had to remove this clown by military intervention in 1979 but not before the country had been rendered so dysfunctional.Empty coffers ,chaos and unbelievable patronage . If you visit the CAR s international airport today ,Bangui Mokoto International Airport ,the Emperor s legacy hits you in the face.Road runners scrounge for food whilst ,vendors sale tomatoes and exotic equatorial fruit at the same. The immigration officer has to be fetched from somewhere while poor passengers wait. Add to this list the likes of Paul Biya of Cameroon who assumed office in 1982. Also add Blaise Campaore of Burkina Faso who carried out his coup against his friend ,the great Thomas Sankara in 1987. I suspect Gambians would complain if we left out their own Yahya Jammeh who carried his coup in 1994 against another long timer ,Sir Dawda Kairaba Jawara who had ruled Gambia since 1964. But the last mention must surely go to Africa s longest serving dictator. It is not whom you are thinking of but his buddy Teodoro Obiang Nguema Mbasogo ,the dictator from the Equatorial Guinea who ceased power in 1979 through a coup against his uncle ,another notorious dictator Francisco Macais Nguema who had been in power since independence in 1968. Despite the Equitorial Guinea being one of the richest countries on the continent due to its oil,this is a country which is characterized by corruption,repression ,poverty and massive suppression of the media. A real tin pot dictatorship in a sea of wealth. It is just amazing the democratic deficit still on this continent . It is amazing how African populations can seat and watch helpless without power to fight back and regain their spaces against these dictatorships. Five decades after independence this is not on. It’s just about time that new generations rolled back time and rewrote their own history . This balance sheet of failure is an embarrassment to all Africans. And I did not even mention all of them. Zikomo.

BILL WATCH 43/2013 by ZimSitRep – 09-02-2013

BILL WATCH 43/2013

[2nd September 2013]

Swearing-in of MPs of 8th Parliament

The swearing-in proceedings for members of the new Parliament will take place at Parliament on Tuesday 3rd September as follows:

• ·      for members of the National Assembly, commencing at 9 am
• ·      for Senators, commencing at 2 pm.

After members present have been sworn in, each House will proceed to elect its presiding officers – the Speaker and Deputy Speaker in the case of the National Assembly, and the President and Deputy President of the Senate in the case of the Senate [see Bill Watch 42/2013 of 27th August for more detail about these elections, who is eligible for election, who presides over the elections, etc].

Ceremonial Opening of Parliament by the President

Date not yet announced, but probably Tuesday 17th September

Update on Legislation and Government Gazette

In the closing days of the last Parliament before it expired on 28th June, five Bills were passed.  Three of them have now been gazetted as Acts, joining the Constitution of Zimbabwe Amendment (No. 20) Act which enacted the new Constitution on 22nd May.  Two other Acts still await gazetting.  [See lists below.]

2013 Acts already gazetted

Constitution of Zimbabwe Amendment (No. 20) Act [Act 1/2013] 

Gazetted:               22nd May 2013 [“publication day”]

Commencement:  22nd May [sections 1, 2 and 3 of the Act, and certain provisions of the new Constitution which was set out in the Schedule to the Act.  These provisions were specified in paragraph 3 of the Sixth Schedule to the new Constitution,] 22nd August [remainder of new Constitution] This Act enacted the new Constitution, which is set out in the Schedule to the Act.  The entire Constitution is now in force, as indicated above.

Securities Amendment Act [Act 2/2013]

Gazetted:               30th August 2013

Commencement:  30th August 2013

This Act makes important amendments to the Securities Act, the Collective Investment Schemes Act and the asset Management Act. Microfinance Act [Act 3/2013] Gazetted:               30th August 2013 Commencement:  30th August 2013 This Act provides for the registration, supervision and regulation of microfinance businesses in Zimbabwe, and amends the Moneylending and Rates of Interest Act and the Banking Act.

Money Laundering and Proceeds of Crime Act [Act 4/2013]

Gazetted:               28th June 2013

Commencement:   28th June 2013

This Act was hastily gazetted on 28th June after being rushed through Parliament to comply with Zimbabwe’s obligations as a State party to the International Convention for the Suppression of the Funding of Terrorism, adopted by the General Assembly in December 1999 and approved by Parliament earlier this year [see Bill Watch 26/2013 of 25th June]. In the process, the usual proof checks were not undertaken, resulting in many textual errors appeared in the gazetted Act.  The Law Reviser has invoked his powers under the Statute Law Compilation and Revision Act to revise the Act and has gazetted a statutory instrument making extensive corrections to the text of the gazetted Act [Statutory Instrument [SI]123/2013, gazetted in a Government Gazette Extraordinary on 16th August]. This statutory instrument will be followed in due course by the publication in the Government Gazette of the revised version of the Act.  [Note: The announcement of the publication of the revised version of the Act made in General Notice [GN] 395A/2013 was premature.]

2013 Acts not yet gazetted

Only two further Acts of the Seventh Parliament await gazetting: Electricity Amendment Act [Act 5/2013] Income Tax Act [Act 6/2013]

Recent Statutory Instruments

Census of “establishments” from June to October

Note: According to the Census and Statistics Act, section 2, the term establishment means “an enterprise or part of an enterprise that is situated in a single location” [at which it is the main activity]. SI 113/2013 contains regulations for a census of “establishments” being carried out by the Zimbabwe National Statistics Agency [ZIMSTAT].  Most of the SI is taken up by a lengthy form listing the details to be recorded for each establishment.  Section 3 of the regulations places responsibility for ensuring completion of forms on owner or heads of establishments: it provides that if by 30th October this year the census form has not been completed for an establishment, its owner or head must report that fact to a ZIMSTAT officer – and failure to do this within 7 days after 30th October is an offence punishable by a fine or imprisonment.  It is also an offence for the owner or head of an establishment to fail to supply the prescribed particulars.

Suppression of terrorism

Implementation of UN Security Council resolutions against Al-Qaida and the Taliban

SI 112/2013 contains regulations made by the co-Ministers of Home Affairs, with the consent of the President, under the Suppression of Foreign and International Terrorism Act.  The object is to implement UN Security resolutions 1267/1999 and 1373/2001 designed to prevent and suppress the financing of Al-Qaida and the Taliban.  The regulations:

• ·      designate Al-Qaida and the Taliban as foreign or international terrorist organisations for the purposes of the Act, which allows any assets of the organisations in Zimbabwe to be wound up and disposed of.
• ·      designate the Bank Use Promotion and Suppression of Money Laundering Unit of the Reserve Bank as the entity empowered to designate individuals as foreign or international terrorists and notify such designations in the Government Gazette.  This designation may trigger action against such individuals by the Attorney-General under the Money Laundering and Proceeds of Crime Act.

Collective bargaining agreements

Government schools industry  SI 127/2013 specifies wages for employees of school development associations and committees for the period 8th May to 31st December 2013. Printing, packaging and newspaper industry  SI 114/2013 specifies wages for 2013. Cigarette and tobacco manufacturing industry  SI 121/2013 sets out complete conditions of service for workers in the industry.   Tourism industry  SI 124/2013 sets out complete conditions of service for the tourism industry. Local authority by-laws Chitungwiza Municipality  Two statutory instruments specify lodgers’ fees, service, supplementary and water charges [SI 119/2013] and rents for residential properties [SI 120/2013]. Zvishavane Town Council   SI 117/2013 enacts Hawkers and Street Vendors By-laws.  SI 118/2013 enacts Clamping and Tow-Away By-laws. Social workers as probation officers SI 125/2013, made by the Minister of Labour and Social Welfare under the Children’s’ Act,  provides for registered social workers to be registered with the Ministry for engagement to perform certain specified functions of probation officers for the purposes of the Children’s Act. Telecommunications licensing SI 122/2013 [republication with corrections of SI 115] specifies new licence fees for licences other than private radio station licences, backdated to 10th July 2013.

Toll road tolling points

SI 116/2013 specifies three new tolling points on trunk roads:

• ·      Harare – Mutare road, 34.5 km from Harare
• ·      Harare – Gweru road, 17km before Gweru
• ·      Bulawayo – Victoria Falls road, 28 km before Hwange.

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Beatrice Mtetwa Trial by ZimSitRep – 09-02-2013

IN ZIMBABWE, TRIAL OF HUMAN RIGHTS LAWYER MTETWA CONTINUES WITH STUTTERING WITNESSES

THE trial of persecuted human rights lawyer Beatrice Mtetwa resumed on Monday 2 September 2013 at the Harare Magistrates Court with the second witness out of nine lined up by the State testifying. Detective Assistant Inspector Wilfred Chibage testified as the second witness before Harare Magistrate Rumbidzai Mugwagwa after Mtetwa and her lawyer Harrison Nkomo finished cross examining Chief SuperintendentLuckson Mukazhi. Chibage appeared to be damaging the State’s evidence which it is relying upon to secure a conviction after he indicated that Mtetwa could not have interfered with the police search of outgoing Prime Minister Morgan Tsvangirai’s research and communications office located in Avondale suburb as she was under arrest and detained in a police vehicle and at the same time hand cuffed. Mtetwa, who was arrested on 17 March 2013 was charged with contravening Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act for allegedly defeating or obstructing the course of justice. Tawanda Zvekare, the Acting Director of Public Prosecutions in the Attorney General’s Office is leading the prosecution. During Mtetwa’s trial, some truncheon wielding police officers loitered inside the court house. Some of the State witnesses who are lined to testify include Detective Constable Ngatirwe Mamiza, Detective Sergeant Taizivei Tembo, Assistant Inspector Thabani Nkomo, Chido Chawanikwa, a police officer, Stembiwe Vera, a caretaker at Prime Minister Morgan Tsvangirai’s research and development office, Brian Mutusva, a computer technician in the PM’s Office and a driver, Zororai Mudariki. Meanwhile, the trial of Arnold Tsunga, the MDC-T Member of Parliament-elect for Dangamvura-Chikanga constituency together with 49 other MDC-T supporters commences on Tuesday 3 September 2013 at Mutare Magistrates Court. Tsunga was arrested on 19 July 2013 together with 49 other MDC-T supporters and charged with committing criminal nuisance in contravention of Section 46 (2) of the Criminal Law (Codification and Reform) Act Chapter 9:23. The 50 MDC-T supporters were arrested while exercising their political rights to association and expression after conducting a door to door political campaign on the eve of the harmonised elections. Tinoziva Bere of Bere Brothers Legal Practitioners, Blessing Nyamaropa of Zimbabwe Lawyers for Human Rights and Passmore Nyakureba on Maunga Maanda Legal Practitioners are representing the 50 MDC-T supporters.

6^th Floor, Beverley Court

100 Nelson Mandela Avenue

Harare, Zimbabwe

Phone+263 4 764085/705370/708118

Email: info@zlhr.org.zw

www.zlhr.org.zw

@ZLHRLawyers