The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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Zim Online

US$60 MILLION FUEL DEAL COLLAPSES
Fri 12 November 2004

      HARARE - Zimbabwe faces a dry festive season with reports that a US$60
million fuel supply facility with BP South Africa and another unnamed
foreign oil firm has stalled because the country has no hard cash to pay for
supplies.

      Under the deal, secured in September, the foreign oil firms were to
supply local oil companies under the umbrella of the Petroleum Marketers
Association of Zimbabwe (PMAZ) with 2.4 million litres of petrol and 36
million litres of diesel per month.

      Well-placed sources told ZimOnline that the fuel facility came unstuck
after the Reserve Bank of Zimbabwe (RBZ), that initiated the deal in the
first place, failed to guarantee payment in hard cash to the foreign
suppliers.

      BP South Africa and the oil foreign firm now want hard cash upfront, a
demand foreign currency-strapped Zimbabwean firms cannot meet.

      Another US$20 million oil tender floated last week is also understood
to be in a glitch with foreign firms that had been short-listed for the
contract now backtracking because the RBZ will not guarantee they will be
paid in hard cash.

      A senior state energy official, who spoke anonymously, said: "Nothing
has happened since the first tender was awarded because the companies
especially the foreign firms wanted an express RBZ guarantee that they will
be paid in hard currency. "They have been studying the trends on the foreign
currency auction market which have indicated that hard currency is in short
supply."

      Both the PMZA - which groups local fuel companies - and Energy
Minister July Moyo were mum on the latest fuel crisis.

      Reports of difficulties with the fuel supply deal, that had been
expected to ensure supplies throughout the festive period, comes as the
country ran dry with most filling stations across the country reporting they
had run out of fuel or were selling their last
      stocks.

      In Harare and in the second largest city of Bulawayo, long queues of
motorists waiting to fill up their cars could be seen at the few garages
that were still selling fuel.

      Fuel is only one of several vital commodities that also include
electricity and essential medical drugs in short supply in Zimbabwe because
the country has no hard cash to pay foreign suppliers. - ZimOnline

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Zim Online

Supreme Court throws out evicted farmer's appeal
Fri 12 November 2004

      HARARE - Zimbabwe's Supreme Court yesterday threw out an appeal by an
evicted white farmer saying he had no right to contest the government's
seizure of his land.

      In what was seen as a test case for President Robert Mugabe's
controversial programme to seize land from white farmers for redistribution
to landless blacks, the country's highest court ruled that farmer, George
Quinnell, could not recover his 1 200-hectare farm taken from him by the
government two years ago.

      Quinnell, who had owned the farm since Zimbabwe's independence from
Britain in 1980, is one of about 5 000 whose farms were seized by the
government under a chaotic and often violent land reform programme in which
at least eight white farmers were killed and several of their black workers
injured by government supporters.

      Mugabe says the land reform programme that destabilised agriculture
causing severe food shortages was necessary to right an unjust colonial land
tenure system that left a minority white community owning about 70 percent
of the best farmland while blacks were crammed on poor sandy soils.

      The court, sitting as a Constitutional Court, ruled 4-1 that
irregularities in parliamentary procedures when the government's Land
Acquisition Act was passed in 2002 were of a technical nature. The court
also held that the public interest of resettling landless blacks overrides
the private interest of Quinnell.

      The only opposing vote came from Judge Wilson Sandura, the country's
most experienced judge and the only surviving member of the court before the
government began purging dissenting jurists.

      Sandura said there were major errors in the way the seizure was
ordered and Quinnell should get his farm back.

      Quinnell's lawyers told the court when the matter was heard last May
that the government's land acquisition laws stripped farmers of their right
to a fair hearing. Under the land seizure laws, farmers are given at most 90
days to vacate their land and could be jailed for up to two years for
defying state eviction orders.

      The farmer, who told the Press he has been living on money raised by
the sale of his last crop and assets salvaged from the farm when he was
evicted in 2002, said he was now considering emigrating to Australia.

      Zimbabwe's food production plummeted by about 60 percent since the
farm seizures began because the black villagers settled on former white
farms by the government lacked financial resources, inputs or skills to
maintain production.

      About 5.5 million Zimbabweans or about half the country's 12 million
people have for the last three years survived on food handouts from
international relief agencies. - ZimOnline

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Zim Online

Grain Marketing Board incurs Z$302 billion loss
Fri 12 November 2004

      HARARE - The state-run Grain Marketing Board incurred a Z$302 billion
loss in the year ending March 2004 because the parastatal has been selling
maize and wheat at below cost, according to a confidential report on the
grain utility's finances leaked to ZimOnline.

      In the preceding year ending March 2003, the GMB which has a tight
monopoly on wheat and maize trade in the country, posted a loss of $24.8
billion. Foreign currency shortages also worsened losses for the GMB which
requires hard currency to pay for wheat and maize imports to augment
inadequate local production.

      The report prepared by the GMB's budget committee reads in part:
"GMB's trading activities in maize and wheat have remained unviable over the
last three years due to the current pricing policy where selling prices are
below costs. This will further worsen GMB's loss position.

      "The board is continuously making efforts to trade profitably on
non-strategic grains even though competition in trade of processed products
with other market players seems to be tight. Lack of foreign currency also
affected the 2003/2004 budget and will impact on trading activities of
crops."

      In a move dismissed by critics as a cheap and populist gimmick to
curry favour with the electorate ahead of next March's election, the
government last year ordered the GMB to sell maize to millers at $9 600 per
tonne while buying the grain from farmers at $130 000 per tonne.

      The parastatal was last year paying foreign suppliers about $170 000
per tonne of maize and $150 000 per tonne of wheat. It was selling wheat to
illers at $30 000 per tonne.

      The GMB is set to incur huge losses again in the 2004/2005 financial
year as it continues selling wheat and maize at below cost.

      The parastatal is buying locally produced maize at $750 000 per tonne
and imports the staple grain at $1.6 million per tonne but supplies millers
at $650 000 per tonne.

      The GMB pays local and foreign wheat producers $1.7 million and $1.8
million per tonne respectively but sells a tonne of wheat to millers at only
$900 000.

      Independent economist John Robertson said the losses being incurred by
the state-owned GMB would eventually be passed on to the taxpayer.

      He said: "The deficit incurred from the losses is a bill that will
eventually fall on taxpayers. It's not cheap maize but it will be paid for
in the form of high taxes because the GMB will need money to ensure
effective milling capacity." - ZimOnline
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Zim Online

Jailing of MP incenses Inter-Parliamentary Union
Fri 12 November 2004

      GENEVA - The Inter-Parliamentary Union (IPU) says it is "extremely
disappointed" with the jailing of Zimbabwean opposition parliamentarian, Roy
Bennet, and reports that he was being kept in poor conditions in prison.

      Secretary of the IPU's Committee on the Human Rights of
Parliamentarians, Ingeborg Schwarz, told ZimOnline the committee had taken
up Bennet's case with Zimbabwe Parliament Speaker, Emmerson Mnangagwa and
Justice Minister, Patrick Chinamasa.

      Schwarz said: "The declaration concerning the decision made by the
Parliament of Zimbabwe has been communicated to all relevant authorities in
Zimbabwe. We are waiting for responses from the authorities, that is the
Speaker and Minister Chinamasa."

      In a decision criticised by local and international human rights and
pro-democracy groups, ruling ZANU PF party Members of Parliament used their
majority in the House to sentence Bennet to 15 months in prison with three
months suspended for shoving Chinamasa during debate in May.

      Mnangagwa issued a parliamentary certificate barring the courts from
hearing an appeal by Bennet against the jail sentence.

      The MP's lawyers have however applied to the High Court challenging
the constitutionality of Mnangagwa's decision to bar the courts from hearing
his appeal.

      They also want the court to stay execution of the sentence imposed by
Parliament while they appeal  against it in court. - ZimOnline
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The Times

            Vaughan in and out of Zimbabwe
            By John Westerby

            AFTER the long months of argument, doubt and security checks,
England will depart on Monday for a controversial tour that includes five
one-day internationals in Zimbabwe between November 26 and December 5.
Michael Vaughan, the England captain, said: "It's not a tour that I'm
particularly looking forward to. We all want to get it over with."
            Vaughan has been included in the touring party at the insistence
of David Morgan, the ECB chairman, despite the desire of Duncan Fletcher,
the coach, to rest his captain. Only Marcus Trescothick and Andrew Flintoff
will enjoy that luxury, but Steve Harmison opted out on moral grounds.

            Vaughan emphasised that the players are not approaching this as
a normal tour. "I think it is clear we are taking a stance by going to
Namibia to prepare and not going to Zimbabwe till November 24," he said. "We
just want to get over there, get it done and get to South Africa."
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SABC

Zimbabwe govt and parliament differ on food shortages

November 12, 2004, 05:45

A debate over the extent to which Zimbabwe could experience food shortages
is raging between the Zimbabwean government and its parliament. This after a
parliamentary committee, set out to verify levels of food stocks, came out
differing sharply with the state's version of the extent of food shortages
in the country.

The government claimed a bumper harvest of 2.4 million tonnes of grain was
expected for the 2003/4 crop season. However the parliamentary committee on
land says only 500 000 tones will be delivered by year-end. The government
claims the 1.9 million tonnes shortfall is in the hands of communal farmers
who are withholding their produce. The committee says that is in dispute.

No need for aid
Robert Mugabe, the Zimbabwean president, and his government insist there
will be no need for food aid, as there will be enough to feed the country's
people. However, parliament's agriculture committee wants to know why bumper
harvests were expected even in drought-ravaged regions.

Food agencies have warned Zimbabwe will need close to 600 000 tones to
eliminate the food deficit. Zimbabwean economists agree and they say food
aid under the circumstances is necessary. John Robertson, an economist,
said: "It's very necessary if you want to keep the people alive, but the
government has already told the donors that they are not needed they have
taken us off their programme and if you tell them now we have changed our
minds they would have to admit it is a difficult situation."

Joseph Made, the agriculture minister, is expected to respond to the
parliamentary report next week.

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Activists critical of franchise denial to expats

[ This report does not necessarily reflect the views of the United Nations]

JOHANNESBURG, 11 Nov 2004 (IRIN) - Human rights activists have criticised
the Zimbabwe government for denying citizens living abroad the right to
vote.

"Zimbabweans' right to vote is enshrined in the constitution", Gabriel
Shumba, a human rights lawyer with the South Africa-based Zimbabwe Exiles
Forum, told IRIN.

He was dismissive of the argument made in parliament on Wednesday by
Minister of Justice, Legal and Parliamentary Affairs, Patrick Chinamasa,
that the constitution did not extend the franchise to people residing
outside Zimbabwe.

Parliamentary elections are due in March next year.

The official daily, The Herald, on Thursday reported Chinmasa as saying that
even if the constitution gave non-resident Zimbabweans the vote, their
registration would not be possible because Zimbabwean officials are banned
from travelling to most of the countries where expatriates are based.

"There is a travel ban against the Zanu-PF leadership, from the President
down to the lowest ZANU-PF [the ruling party] cadre, to travel to European
Union countries, the United States, Canada, Australia and New Zealand... How
could ZANU-PF be able to canvass for support of Zimbabweans in the diaspora
when its political leadership suffers from a travel ban in those countries?"
he remarked.

Emily Wellman, another Zimbabwean human rights activist based in South
Africa, cited estimates of three million Zimbabweans living outside the
country, and said most of them were probably critical of the ruling party.

Considering how closely the last parliamentary polls were contested, "even a
million votes could influence the outcome, so why would the ZANU-PF want
Zimbabweans living abroad to vote?" she asked.
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Tempers Flair During Telecel Bosses Remand Hearing

The Herald (Harare)

November 11, 2004
Posted to the web November 11, 2004

Harare

TEMPERS flared in court yesterday when a prosecutor accused the defence of
trying to conceal evidence during a hearing in which Telecel and its
directors are seeking to be removed from remand.

Magistrate Ms Memory Chigwaza had to briefly adjourn the proceedings to
allow the prosecutor, Mrs Venrandah Munyoro, and one of the lawyers, Mr
George Chikumbirike, to calm down.

The two had clashed after Mr Chikumbirike asked the court to stop the
prosecution from calling a witness arguing that Mrs Munyoro should first
finish with her submissions.

Mrs Munyoro intended to call an RBZ official to testify during the
proceedings.

"Your worship, I would like my learned colleague (Mrs Munyoro) to withdraw
her statements. These are serious allegations.

"We do not come here to hide anything and do not object (to the) calling of
witnesses but it should be procedural," said Mr Chikumbirike.

Ms Munyoro later withdrew her statements when proceedings resumed.

The prosecutor then continued with her submissions arguing that all the
three directors - Anthony Carter, James Makamba and Edward Mutsvairo - had a
case to answer.

She argued that the three should be answerable for the activities of the
company regardless of the type of directorship, that is, whether it is
executive or non-executive.

"Section 285 of the Criminal Procedure and Evidence Act is very clear.

"According to this section when an offence is committed any person who was a
director at the time of the commission of the offence shall be deemed guilty
unless it is proven that he did not participate," she said.

She said by simply being a director one would be answerable for the
day-to-day activities and policies adopted by a corporate body.

"A director in relation to a corporate body means any person who controls or
governs or a member of a board or a group of people who control or govern
the operations of that corporate body," said Mrs Munyoro.

She said the Companies Act did not make a distinction between directors,
saying it simply stated that any person occupying the position of a
director - even if they were called by different names - was liable for
prosecution.

She maintained that Makamba, who argued that he should not be charged
because he was a non-executive director, had participated in the commission
of the crime when he sat in a board meeting on May 17 last year.

Ms Munyoro also produced documents to prove that Mutsvairo was a director
during the time of the alleged offence.

She, however, conceded Carter was not part of the board meeting as he had
not joined Telecel at the time.

The State therefore dropped one of the three counts that were being levelled
against Carter.

Ms Munyoro also argued that Telecel Zimbabwe had committed the crime after
involving itself in unauthorised foreign currency dealings.

She said Telecel Zimbabwe had been authorised to apply for a loan outside
Zimbabwe but the company later failed to make full repayments.

"The State would like to place evidence in court that (most) of the payments
made by accused (Telecel Zimbabwe) were not for servicing the loan repayment
but other services which were not approved by the Reserve Bank of Zimbabwe,"
she said.

Ms Chigwaza is expected to make a ruling today.

Telecel Zimbabwe and its bosses are being accused of externalising US$4,5
million between January 2002 and August this year.
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Problems Hit Zimsec

The Herald (Harare)

November 11, 2004
Posted to the web November 11, 2004

Harare

DESPITE the many socio-economic setbacks, Zimbabwe's education system has
remained a shining beacon in sub-Saharan Africa.

Recording a youth literacy rate of more than 90 percent on a continent with
an average literacy rate of 50 percent and below is no mean achievement and
bears testimony to 24 years of well-oiled Government policies directed at
wiping out illiteracy in the country.

The achievements have made the country's education system the envy of many
countries across the globe as Zimbabweans land top jobs ahead of locals.

For instance, Zimbabwe's doctors, teachers and nursing staff are some of the
most sought after even in the so-called developed countries.

Inspired by the nation's eagerness to learn, the Government has been
investing billions of dollars in setting up universities and tertiary
colleges.

For years the education sector has been receiving the highest allocation of
Government support since independence.

And, indeed, the continued growth of education has been a marvel to watch,
not only to Zimbabweans, but even to the whole region who up to this day
revere the country's sound education policies.

It is against this background that several people have expressed concern at
the spate of irregularities at the Zimbabwe School Examinations Council
(Zimsec).

Leakages of examination papers, mix-ups in results and failure by the
council to deliver examination results on time to the candidates are
becoming quite frequent, raising fears that the country's education
standards may be compromised.

The introduction of a local examinations body was seen by many as a noble
initiative that was to ensure that the syllabi remained relevant to the
socio-economic needs of the country.

In advocating for the localisation of examinations, educationists felt that
this was one more step in the total "emancipation" of a colonial-designed
education system.

However, despite these accolades that were heaped on Zimsec, the examination
council has been dogged with serious problems such as allegations of
corruption, forging of results, and other discrepancies that are threatening
to bring the body to its knees.

Formed five years ago, Zimsec was seen as the answer to the problems that
were being faced by the education sector.

Its formation was supposed to cushion Zimbabweans from the exorbitant fees
that were being charged by the Cambridge University Examinations Syndicate.

The shortage of foreign currency also gave added impetus to the localisation
of examinations, which saw renowned educationists like Isaiah Sibanda and
Thompson Tsodzo playing the role of "midwives" in the birth of Zimsec.

For a while, things seemed to be going well until the council was enmeshed
in a leakage of examination papers and it has been embroiled in problems
since then.

Only last week Zimsec was forced to postpone the sitting of the Ordinary
Level Mathematics Paper 1 examination following a "localised" leakage in
Kadoma.

The body has, however, since distanced itself from the leakage saying it
occurred when spoilt papers were sent to a Kadoma-based paper mills by the
printers for destruction.

In a Press statement Zimsec director Mr Jabulani Ndanga said: "Zimsec
Mathematics Paper 1, that was scheduled for 10 November was leaked through
spoilages taken to Kadoma Paper Mills by the security printer for
destruction.

"Zimsec staff were not involved in the leakage, all arrests made so far do
not include Zimsec staff."

The above disclaimer notwithstanding, leakages and bungling of students*
results, where in some instances students have received results for subjects
they did not sit for, have characterised the local body since its inception
in 1999.

At one time an examination that was scheduled to take place in the morning
had to be postponed to 2 pm of the same day because some of the exam papers
had gone missing.

Faced with such glaring shortcomings in the running of the council, several
organisations and educationists are now calling on the Government to
institute investigations in the operations of the examination body.

"We need an explanation of what is happening at Zimsec," said Mr Tinarwo
Marere, a retired teacher.

He added that while it was normal for an examination body to slip up once in
a while in running and co-ordinating examinations, the continued errors by
the examination council were becoming a cause for concern and had serious
implications for the reputation of the country*s education system.

Last year the National Education Union of Zimbabwe (NEUZ) called for a
complete overhaul of Zimsec*s management for allegedly bringing the
education system of Zimbabwe into disrepute.

Delays in the release of examination results have not endeared Zimsec to
students who prefer to write their exams in two sittings. "I had sat for
some of my O-level exams in June with the hope of easing the pressure this
November, but I have since sat for the same exams because the results are
still not out.

"The (June) exams have proved to be a waste of precious time and money,"
said Sarah Manjengwa of Warren Park.

Last week 50 Girls* High pupils missed an African History exam owing to a
date mix-up. The date on the examination timetable compiled by Zimsec did
not tally with the date on the envelope containing the examination papers.

Only 132 students out of the 184 students who had registered for the exam
were able to sit for it. This was after the students had been told to go
home at the end of the morning examination. Those who managed to write had
to be contacted by phone. Those without contact telephone numbers lost out.

The council plans to resuscitate the Zimbabwe Junior Certificate exams, but
with the current problems bedevilling the O and A-level exams, questions are
being asked whether it has the capacity to handle an additional workload.

In the light of the on-going problems, there is now an urgent need for the
parent ministry to intervene and help clear the mess that has accumulated
over the last five years if the country's education system is to regain its
credibility.

A concerned parent, a Mrs Madzivire, worried about the perennial problems at
the examinations body, says the Government should give parents the right to
choose between Zimsec and Cambridge.

She said: "For fear of the unknown, my daughter will sit for the Cambridge
as well as the Zimsec examination because I have lost faith in the local
examining body."

"The fact that results are tampered with is something that I cannot ignore."

Zimsec's public relations manager, Ms Faith Chasokela, said that her
organisation was doing its best to resolve the administrative and
operational hiccups that have given the organisation a bad name.

She said that they were in the process of implementing a plan of action
which would improve things at the examination council.

Ms Chasokela, however dismissed, the accusations of bungling, saying that it
had occurred only once. She attributed the mishap to a faulty machine.

"The June results were late because we wanted to give ourselves time to do a
thorough job.

"We did not want to put ourselves under pressure, and the results are
pleasing because this time our results are accurate," she said.

Ms Chasokela, however, did not express any sympathy or apologise for the
inconvenience caused to students who sat for the June exams with the hope of
easing pressure on the November exams.

"The June exam is a supplementary exam and not for first-timers, students
are actually lucky because we are one of the few countries within the region
who still offer the June examination."

Zimsec officials have argued that the same personnel who served during the
Cambridge era are the ones presiding over the examining body. This begs the
question: If this is the case then why are there now problems which were
non-existent before?

Most educationists are unanimous that localising Zimbabwean exams was a step
in the right direction, but the parent ministry should devise ways of
ensuring that this is done without tarnishing the image of otherwise
excellent education system.
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Noczim Bails Out Fuel Firms

The Herald (Harare)

November 11, 2004
Posted to the web November 11, 2004

Harare

QUEUES at several Harare service stations started moving yesterday evening
after the National Oil Company of Zimbabwe (Noczim) released fuel from its
Government stocks to help out the private sector, which is seemingly
immobilised by the new requirement for players in the sector to co-operate
when importing.

Little or no fuel has been imported by the private sector despite its
allocation of foreign currency since private oil importers were directed to
combine import orders.

The instruction was given after it was discovered that some private
companies allocated foreign currency through the auctions to buy fuel were
either selling this entitlement or were importing non-petroleum products.

The private sector was supposed to form a small unit in its Petroleum
Marketers of Zimbabwe Association that would combine requirements, make a
single order with each block allocation of currency, organise the shipment,
and then split the order when it arrived in Zimbabwe among the member
importers.

It was envisaged that this would improve efficiency and increase fuel
imports, since there would be no wastage and misuse of funds.

However, it appears the private importers have been unable to implement the
scheme, and no one knows why. The importers, normally quite vocal and open
about their operations, are now refusing to talk. There has been muttering
about "logistics" and using the pipeline, without any detail about just what
could be going wrong.

What is known is that the foreign currency has been made available and that
there were adequate Zimbabwean dollars to buy it. In fact, many service
stations have been asked to pay in advance for fuel yet to be delivered.

"We are just waiting for our supplies from the marketers' association and we
do not know what is causing the delay.

"We have since paid for our supplies and we also understand that the Reserve
Bank of Zimbabwe is supposed to have made the foreign currency available
more than two weeks ago," said a fuel marketer on condition of anonymity.

The delays in imports were bringing the operations of the private sector and
the ordinary motorist, both totally reliant on private sector imports, to a
standstill.

This is why the Ministry of Energy and Power Development took the initiative
and ordered Noczim to release fuel from the Government and public sector
stocks to help out the private sector and keep the wheels of Zimbabwean
business turning.

It was not known yesterday whether Noczim was selling fuel to the private
distributors or simply lending fuel that would be replaced once the
marketers' association had got its act together and had managed to import
fuel.

As news of the Noczim release spread, tankers were seen yesterday morning
pouring into the main Noczim storage depot in Msasa to line up to collect
the vital commodity.

The fuel was finally delivered at the service stations late in the afternoon
or early in the evening.

The Secretary for Energy and Power Development, Cde Justin Mupamhanga, said
the shortages that were being experienced would end after Noczim provided
fuel to marketers.

"There is fuel in the country and I can certainly assure the whole nation
that the situation will normalise in the next few days.

"Noczim has made fuel available to the petroleum marketers and the delay is
only due to logistical problems on the part of the marketers," said Cde
Mupamhanga.

He dismissed rumours that there were problems with using the pipeline.

"The pipeline system managers know how to operate the system basing on the
commodity on demand and this nullifies the speculation that the system might
be causing the problems," Cde Mupamhanga said.

The secretary's view is backed by what has been seen in the past. Poor
pipeline management does not result in no fuel; it results in only one type
of fuel being pumped for several days.

Cde Mupamhanga said Noczim prioritised critical Government departments but
also supplied other petroleum marketers for on-selling to retailers if the
need arose.

The Minister of Energy and Power Development Cde July Moyo last week told
Parliament that the Government would provide the commodity to fuel companies
for distribution.

He also said that following the deregulation of the fuel sector, private
fuel dealers had the responsibility to procure fuel and the central bank
provided them with the necessary foreign currency.
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