Calls for UN intervention as soldiers are tortured in Zimbabwe

NEWS ALERT

11 November 2009

Brutal torture is being meted out to 120 Zimbabwean soldiers at KG V1
Barracks in Harare as members of the army's military intelligence, the
military police and the Central Intelligence Organisation intensify
interrogation of personnel following the alleged theft of guns from the
armoury two weeks ago.

            According to news just in from reliable sources, shifts of
militia are being transported into the barracks day and night to beat and
torture the soldiers.

            Today the state-owned newspaper, The Herald, reported that Major
Maxwell Samudzi had committed suicide in the military cells.  However, the
sources warn that he was in fact beaten to death.

Colonel Garira, who is alleged to have master-minded the theft of the
weapons, is believed at the time of writing to be close to death.

On October 31, The Zimbabwean newspaper reported that at least 12 soldiers
had died the previous week after they were brutally tortured by military
intelligence agents following the disappearance of an assortment of guns and
bombs from Pomona barracks.

This took place just two days after the government barred United Nations
torture expert Manfred Nowak from visiting the country on a mission to probe
torture and the treatment of prisoners.

Twelve soldiers died at Two Medical Company Hospital at KGV1 in Harare,
while additional soldiers were admitted to hospital following interrogation
at the hands of the Military Intelligence Division.

In a sinister twist, soldiers who spoke to The Zimbabwean reported that
foreigners were being used for the torture sessions and that they were
possibly Congolese or Angolan nationals.

Expressing grave concern for the safety of the soldiers, leading human
rights activists warn that once again crimes against humanity are taking
place in Zimbabwe.

They are calling on the country's transitional government to ensure
immediate access by medical and legal practitioners to these members of the
Zimbabwe National Army.

Calls for UN intervention

The human rights activists are also calling for the urgent intervention of
the United Nations Human Rights Council, the highest political body of the
UN dealing with human rights.

After Mr Nowak was expelled from Zimbabwe, he told a news conference in
Johannesburg that he would ask the UN Human Rights council to investigate
the situation in Zimbabwe.  He also said the UN would not abandon its work
in Zimbabwe.

"I am still very concerned by the serious and credible allegations of
torture, ill-treatment and inhuman prison conditions in the country," Mr
Nowak said. "Each hour is critical," he added.

On December 2, 2008, it was reported that 16 soldiers accused of rioting in
Harare had been executed by members of the Presidential Guard death squads.
Three additional soldiers were reported to have died during torture
sessions.

Torture is used extensively by President Mugabe and Zanu PF in their
desperate bid to retain power.

Trial of Roy Bennett

Today the Harare High Court ruled that lawyers representing Roy Bennett, the
Movement for Democratic Change Deputy Minister of Agriculture designate, who
is facing terrorism charges and a possible death penalty, could raise
allegations the main witness against him was tortured.

            Prime Minister Morgan Tsvangirai says the charges against
Bennett are trumped-up and politically motivated.

            The planting of arms caches in order to jail political opponents
on treason charges - or accusations of the theft of weapons - are favoured
ploys used by Zanu PF in order to neutralise or eliminate political
opponents.

ENDS

News release supplied by Zimbabwe Democracy Now

www.zimbabwedemocracynow.com

Soldier commits suicide while in detention

http://www.thezimbabwetimes.com/?p=24911

November 12, 2009

By Our Correspondent

HARARE - Major Maxwell Samudzi (48), one of the soldiers charged with theft
of firearms from Harare's Pomona barracks last month, committed suicide
under unclear circumstances while in army detention on Sunday
night.According to Wednesday's Herald newspaper, Samudzi, who was the Deputy
Officer Commanding One Engineers Support Regiment at Pomona Barracks, was
found on Monday morning lying dead on the floor.

A black electrical code was tied around his neck while blood was coming out
of his nose and mouth.

Samudzi allegedly carried three packets containing cotrimohazole aspirin and
nevirapine in his left trousers pocket.

It was, however, not clear who brought him both the cord he allegedly used
to hang himself or the tablets.

The cause of his death, it is said, is being investigated by Braeside Police
Station.

Samudzi had been detained at One Commando Detention Barracks for allegedly
conniving in the theft of 20 AK47 rifles and a shot gun.

He was among 13 soldiers who now stand accused of breaking into an armoury
at Pomona to steal the weapons.

The names of the other soldiers were given as Sungiso Musa, Darlington
Kanyingwe, Nyaruwata Lawyers, Charles Muzondo, Dzingai T Chibutwaka, Stanley
Mvindwa, Chamunorwa Chinyere, Cosmore Mangenda, Misheck Kangwa, Callistus
Mutero, David Hamandishe and Farai Chitsiko.

Reports say the soldiers were initially thrown into the Harare Remand Prison
by a joint group comprising members of the army's military intelligence, the
military police and the Central Intelligence Organisation (CIO) two days
after the guns disappeared.

Ten junior officers were arrested over the same case. Their whereabouts have
remained a mystery since their arrest.

Following the alleged theft of the firearms, police raided a house belonging
to MDC secretary general and Zimbabwe's Finance Minister, Tendai Biti
allegedly in search of the missing firearms.

Thirty days to repent

http://www.thezimbabwean.co.uk

     
      Written by JOHN MAKUMBE
      Wednesday, 11 November 2009 17:47
      The SADC Troika has given Robert Mugabe and Zanu (PF) thirty days to
resolve the MDC defined outstanding issues with regard to the global
political agreement (GPA). This is a commendable first time for the SADC
since all along the toothless bulldog has handled Mugabe with kid gloves.
      Some of us know very well that the old man does not respond very
positively to deadlines and time limits. At his age, this is quite
understandable. It remains to be seen whether any progress can be made to
get the inclusive government working again. The only problem with the SADC
Troika's demand is that there was no spelling out of the consequences of
failure to meet the set deadline. Mugabe will obviously take advantage of
this omission and drag his tired feet up to the time of the deadline.
      The MDC, for its part, now has to resume co-operating with Zanu (PF).
That means they have to attend Cabinet and Council of Ministers' meetings
again. This is necessary for the full government to work effectively. The
forthcoming national budget is desperately awaited, and nothing should be
allowed to stand in the way of that critical national planning effort. The
MDC have the formidable task of persuading Western countries to lift
targeted sanctions against Mugabe and some 200 of his close associates.
      There is no likelihood of any of the targeted sanctions being lifted
in the near future, unless Mugabe and Zanu (PF) take measures to
meaningfully repent from their evil ways within the stipulated timeframe.
Currently there is ample evidence that violence, the ugly monster, has
reared its head again in the name of Zanu (PF). Some schools have already
lost teachers who have been targeted by war veterans and Zanu (PF) militia
for allegedly supporting the MDC.
      Farm invasions are continuing against the few remaining white
commercial farmers. The state media has not relented in its hate language
against Tsvangirai and the MDC. We are unlikely to see any real change in
these matters in the next 30 days.
      It is very likely that Mugabe will finally agree to appoint the six
MDC provincial governors as per earlier agreements. But it is doubtful that
the geriatric will allow Gideon Gono, governor of the RBZ to vacate office.
Gono is Mugabe's meal ticket, and allowing him to leave the RBZ will be like
spiting one's nose for Mugabe. Tomana is easily dispensable and something of
a nuisance really. Mugabe will make a concession with the MDC by sacrificing
Tomana in order to retain Gono.
      The MDC will be wise to accept that compromise at this stage. Their
best bet is to get the legal reforms aimed at the RBZ through both the
Cabinet and Parliament as soon as possible so that Gono will not be able to
inflict his usual damage to the national economy.
      With regard to the swearing in of Roy Bennett as deputy minister of
agriculture, there is likely to be considerable contestation between the two
parties. It is my strong view that the MDC cannot afford to compromise on
this issue. The MDC did not dictate to Mugabe who he should appoint as
ministers and deputy ministers. Why should he be allowed to refuse to swear
Bennett into office? The issue regarding the pending court case is for the
judiciary to determine.
      For Mugabe to refuse to swear Bennett into office simply because he
has a pending court case is, in fact, an attempt to influence the judiciary
albeit in a subtle way. It is the hope and expectation of every Zimbabwean
that at the end of the thirty days the MDC and Zanu (PF) will have reached
an amicable arrangement for the sake of this agonising nation.

'ZANU PF won't yield to MDC ahead of congress'

http://www.zimonline.co.za

by Own Correspondent Thursday 12 November 2009

      HARARE - President Robert Mugabe and his ZANU PF party will resist
calls by Prime Minister Morgan Tsvangirai to fully implement last year's
power-sharing agreement until at least after the party's congress next
month, a top official told ZimOnline Wednesday.

      The official, a member of ZANU PF's inner politburo cabinet, said
Mugabe's party was keen not to portray itself as weakened ahead of the
December congress at which new leaders shall be elected.

      Part of the strategy to show ZANU PF as a party that remains alive and
strong included resisting all attempts by Tsvangirai's MDC-T party to have
the global political agreement (GPA) fully implemented, our source said.

      The GPA or power-sharing agreement is the document that gave birth to
Zimbabwe's coalition government and implementing the agreement in full would
dilute ZANU PF and Mugabe's hold on power.

      "It will be almost impossible to make any further concession for us
before the people's conference. That will be political suicide on our part
as this would appear as if we would have lost ground and made concessions,"
said the ZANU PF official who spoke on condition he was not named.

      The official said that Mugabe's position will not be challenged at the
elective congress but the ageing leader was eager not to appear to his
supporters as if he was bowing to pressure from Tsvangirai.

      He said: "If any concessions are made before the conference this would
appear as if the party has lost steam . . . besides if that is to happen
what will Mudhara (the old man or Mugabe) say at the conference as people
will say he sold out."

      ZANU PF spokesman Nathan Shamuyarira was not immediately available for
comment on the matter.

      But the disclosures by the ZANU PF politburo member dovetailed with
observations by several political analysts who told ZimOnline earlier this
week that Mugabe was unlikely to yield to pressure by MDC-T or by SADC to
speed up implementation of the GPA before his party's congress because doing
so would undermine his stature before his followers.

      The Southern African Development Community (SADC)'s organ on politics
and defence last week gave Mugabe, Tsvangirai and Deputy Prime Minister
Arthur Mutambara 30 days to resolve outstanding issues from the GPA.

      The outstanding issues include Mugabe's refusal to rescind his
unilateral appointment of two of his top allies to head Zimbabwe's central
bank and the attorney general's office.

      Mugabe has also refused to swear in Tsvangirai ally Roy Bennett as
deputy agriculture minister while the MDC-T is also unhappy by what it says
is selective application of the law to target its activists and officials.

      South African President Jacob Zuma who has taken over from his
predecessor Thabo Mbeki as facilitator in the Zimbabwe dialogue is expected
in Harare in about two weeks according to other sources to try to pressure
Mugabe and his coalition partners to quicken implementation of the GPA.

      But analysts said Mugabe was likely to only make token concessions
because of the impending ZANU PF congress.

      The politburo last August urged Mugabe not to make any further
concessions to the MDC insisting that ZANU PF had met all its obligations
under the GPA and that it was Tsvangirai's party which had not fulfilled a
promise to campaigning for lifting of Western sanctions imposed on Mugabe
and his top allies. - ZimOnline

Mugabe traded land with votes - War vets

http://www.thezimbabwean.co.uk

     
      Written by Staff reporter
      Wednesday, 11 November 2009 15:59
      HARARE - War veterans occupying former-Forester Estates in Mvurwi have
lambasted President Robert Mugabe and his Zanu (PF) party for using the
controversial land reform programme as a political campaign tool.
      The war veterans, who spoke to ***The Zimbabwean, said Mugabe had
treated the land reform programme as a purely political issue that has
destroyed the economy instead of taking the land reform as an economic
empowerment and a developmental programmeme.
      "I think Mugabe got it all wrong by politicizing this ill-advised land
reform programme. When we came on this farm in 2000 I thought that there was
a clear land policy in respect of the new farmers, our leaders just
spearheaded the invasions without any future plans laid down and that is why
this whole process has failed.
      "President Mugabe chose to trade this land with votes to the
unsuspecting masses under the disguise of empowering them while he knew it
was to his personal benefit and a few other party officials.
      "Had this land programme been done with a genuine concern, it could
have been a real success because it could have attracted support from the
international community," said a Mvurwi-based war veteran identified as Kufa
Kuda.
      Zanu (PF)'s poor planning
      Another angry war veteran at the same farm attributed the economic and
humanitarian crisis that has characterized Zimbabwe for the past decade to
poor planning on the part of the Zanu (PF) government.
      "We have had a situation where our government and cabinet were
occupied by economic and political criminals. Innocent civilians suffered
the most from the effects of a corrupt and unjust system being led by
ruthless and selfish leaders.
      "Had the government managed to pay us reasonable rates on our produce
over the years we have been on this land, most of us could now be
self-sustained and producing enough for this nation.
      "I have often wondered how this US$300 million that this country is
said to be owing China was acquired and how it was used as well, if the
state still fails to pay farmers for their maize," said another newly
resettled war-veteran.

      Other resettled farmers near Mvurwi also castigated Zanu (PF) for the
continued victimization of MDC supporters in newly resettled areas where
they are being ordered to vacate the farms because of their patronage to
MDC.
      The former Zanu (PF) government led by Mugabe has been widely
criticized for corruption and politicizing developmental programmes
alongside human rights abuses and lack of the rule of law.

Settlers on black-owned farms evicted

http://www.thezimbabwetimes.com/?p=24881

November 12, 2009

By Owen Chikari

MASVINGO - At least 500 people were left homeless in Masvingo Wednesday
after they were evicted from farms owned by black farmers.

They invaded the farms nine years ago.

Hordes of villagers besieged the Masvingo magistrate courts to make court
applications following the evictions from their settlements by the messenger
of court.

The villagers are accused of invading farms owned by black Zimbabweans which
had not been gazetted for resettlement by the government.

The homeless villagers, some as old as 90, could be seen with their
belongings by the roadside along the Masvingo-Mutare highway. They have been
evicted at the beginning of Zimbabwe's rainy season.

Most of the displaced so-called new farmers were evicted from Peinhest Farm
which, according to records, was owned by the late former Speaker of the
House of Assembly, Nolan Makombe.

Others said they were evicted from farms owned by the Minister of Defence,
Emmerson Mnangagwa and the late commander of the Zimbabwe National Army,
General Vitalis Zvinavashe.

However, the claim by the villagers that they had been evicted from farms
belonging to Mnangagwa and Zvinavashe could not be independently verified by
The Zimbabwe Times.

Mnangagwa and Zvinavashe owned adjacent farms in the Masvingo East
commercial farming area.

The villagers argued that they were legally settled on the properties by war
veterans at the height of the farm invasions in 2000 and have been in
occupation for the past nine years.

"I was given the land by the war veterans and I have been staying on this
property since 2000," said Patrick Chiwa.

"I do not know why we have suddenly become squatters, having stayed here for
nine years without any problem.

"We are calling on President Robert Mugabe to intervene because I think we
are just being victimised by some politicians."

Masvingo provincial administrator Felix Chikovo on Wednesday confirmed that
all those who had been evicted had occupied black-owned farms despite being
issued with eviction notices long back.

"The affected people you are talking about invaded black-owned properties
and as you know the land reform programme was initiated to empower blacks,"
said Chikovo.

"The owners of those invaded properties initiated their eviction and as
government we just have to look for alternative land to resettle them.

"Whether those evicted had invaded a minister's farm, it does not matter;
the fact of the matter is that the government has ordered those occupying
black-owned farms to move out."

It is understood court officials at Masvingo Magistrates Court were forced
to give the affected people temporary warrants to remain on the properties
until the eviction cases were finalised by the courts.

"We were ordered to give the affected families some warrants for them to
stay put on the farms until their cases have been heard in court," said a
court official who requested anonymity.

"This was just done on humanitarian grounds since the affected people had
nowhere to stay following their eviction."

The villagers have been evicted at the peak of the summer cropping season,
with most farmers already busy planting their crops.

Mugabe's government evicted nearly all the 4000 white commercial farmers
under a controversial land acquisition programme he says was designed to
redress the country's historical land imbalances.

Since 2000, Zimbabwe had to rely on imports to meet its food requirements.
The decline in food production was blamed on the controversial and sometimes
violent land reform programme which saw the original white commercial
farmers removed from the farms.

Abuse of Tsvangirai a major outstanding issue

http://www.thezimbabwetimes.com/?p=24894

November 12, 2009

By Tagwirei W. Bango

ANY chief executive dreads the day when immediate subordinates and staff
turn into a gadfly, especially with the tacit direction and blessing of the
board. When internally generated executive abuse becomes visible to
shareholders, striking at the heart of patience and motivation, it is folly
for a model principal to remain silent in the forlorn hope that tomorrow
shall sort itself out.

The essence of a legitimate and a successful national election is either a
confirmation of the status quo or outright regime change. Even, in a
traditional African setting, leadership succession in royal families is a
given, positive step for communal and national stability.

When Zimbabweans settled for Morgan Tsvangirai as their first choice for
leadership in the initial plebiscite whose results were clearly and
deliberately distorted by the incumbent and his institutions last year, the
people openly rejected the dominant political fiasco - for regime change.
Tsvangirai has since been vindicated: his short record and copious patience
in a clearly loveless union has spawned a temporary stabilizer; national
temperance; and optimism, at home and even beyond.

For close to 270 days, Tsvangirai - the man who won Zimbabwe's presidential
election on March 29, 2008 - has endured so much executive abuse that many
thought he would throw in the towel within hours of his being sworn-in as
the Prime Minister of the Republic of Zimbabwe. Cracks emerged early, hardly
before the ink had dried up after the curiously called Global Political
Agreement was signed.

Neither the abduction and torture of activist Jestina Mukoko and several
Tsvangirai agents nor the confusion at his swearing in ceremony at State
House and the first arrest of Roy Bennett achieved an expected effect. The
slow recognition of Tsvangirai's new official role by security service
chiefs attracted mealy-mouthed attention and no sanction from expected
quarters when convention and the Constitution are normally unkind to such
foul public manners.

Commander-in-chief Robert Mugabe, who presided over the ceremony, seemed
unable to notice the absence of his top military brass. To Zimbabweans that
meant little compared to a record-breaking climb-down and a rare act of
capitulation by one of Africa's remaining strongmen and a former liberation
war idol. The people urged Tsvangirai on; reflecting a national sentiment
that irked a trembling few.

Since then, Tsvangirai's abuse has never ceased.

Given the depth of the meltdown, perhaps Tsvangirai erred in assuming
unfettered political goodwill and an affirmative institutional hug to see
through a process that mirrored the changing milieu.

But eight months into a union, he remains officially homeless together with
Speaker Lovemore Moyo and all his out-of- Harare ministers and officials.
Suggestions for executive appointments in his office have to be vetted and
approved; and so far only four out of the proposed 11 have passed.

We are told, ad nauseum, and even by Mugabe himself that Tsvangirai runs a
parallel state administration with only four civil servants officially
accepted into his office thus far, in a country that employs more than a
quarter of a million public servants.

Mugabe insists he must first clear Tsvangirai's travel plans. But Mugabe
never returns the favour, nor consults him on his numerous foreign forays.
Mugabe determines the weekly Cabinet agenda, as all requests for public
debate; policy clarity and national issues for inspection have to pass
through the President's office.

Unilateral Zanu-PF decisions; sweeping policy shifts, positions and
statements; dubious state-sanctioned actions and arrests of political
activists; and partisan directives are often dumped on Tsvangirai's desk
devoid of courtesy or prior consultation.

Government institutions are forced to mask a unique Zanu-PF concern; symbols
of change are either downplayed or simply put off; routine state business is
either privatized or coated with Zanu PF paint; board and staff appointments
at public companies are re-furrowed to an old boys' network; and policy
generation and execution is still largely an exclusive Zanu-PF affair.

A traditional Zanu-PF bureaucracy still rules the roost, even though a
ministerial portfolio may officially be under an MDC politician. Even at
local government level, all the top executives are either Zanu-PF activists
or they sympathise with that party. They determine the agenda for action and
implement decisions at a pace and under the strict direction of Minister
Ignatious Chombo and Zanu-PF because of deliberate legislative distortions.

Hate speech, propaganda frames and blame abound - all directed at
Tsvangirai - and, specifically to show all that nothing of significance in
the area of governance has changed. Despite his commitment to work, a
deceptive, over-boiled line that kept Zanu-PF together about Tsvangirai's
past is often beamed and repeated, to thread a restless and confused Zanu-PF
constituency together.

New poisoned arrows point at his legitimacy and credibility daily, ready to
wreak havoc on his executive authority.

The Council of Ministers (CoM) and the National Security Council (NSC) are
the only two significant power centres and institutions set up under the
GPA. Tsvangirai is supposed to chair the CoM and (on paper) is an
indispensable player in the NSC. I shall leave discussion on the two to
another date; suffice it to say the old Joint Operations Command (JOC) is
still very much alive.

The CoM has yet to cut its teeth into the political fray. The other
important institution is JOMIC. With all due respect, it is pointless to
bring this body into this debate.

Tsvangirai faces an enormous character test to survive the vicious temper of
a raging current as he swims against a well-honed and tested dose of
political wickedness, insincerity and executive abuse.

Zimbabwe is in danger as the terrain the country's Prime Minister is up
against presents a fresh, irregular dilemma at every turn.

When a spouse packs a few bags and leaves a matrimonial home, the decision
hardly resides in a latest abusive event. Experienced conflict managers
search deeper for telling words beneath the song before fostering counsel.
Tsvangirai maintains that he is still in the matrimonial home. He only came
out of the closet to allow Zimbabweans and their neighbours access into a
troubled home.

Tsvangirai's most vocal, public critics should know better: almost all of
them have performed dismally in their private, once voluntary marriages.
They know from armpit experience the difficulties of voluntary marriages,
let alone those of forced loveless unions.

As a genuine partner, Tsvangirai needs space, sovereignty and sense of
inclusion to remain true to his executive mandate. Zanu-PF and Mugabe are
unable to explain Zimbabwe today to their traditional supporters. Still
trapped in the nostalgic view that they are still solely in power, the fear
of regime change has become their belated war cry.

When Mugabe dined with "tea-boy" Tsvangirai in 2008, he realised late that
he had swallowed his own bile by surrendering 28 years of unrestrained
political supremacy. That day is historic in that Mugabe fully accepted an
irreversible process towards regime change.

The GPA clearly identifies the political players in charge of the present
caretaker regime in Zimbabwe. In the national interest, the inclusive
government shall facilitate a new Constitution, dispute-less election and a
definite change of regime: a legitimate government from a visionary party.

Today's horse and donkey blend has given us a mule - a mule cannot reproduce
itself. Tsvangirai can't change and replace a regime he leads. Mugabe can't
change or replace a regime he is part of as President by negotiation. And
either will have to give way in a few moons time - for regime change!

Slowly and frustratingly, but surely, change is coming to Zimbabwe.

(Tagwirei W. Bango was spokesman to Morgan Tsvangirai before he became Prime
Minister.)

Arrested unionists remain in custody

http://www.zimonline.co.za

by Patricia Mpofu Thursday 12 November 2009

HARARE - Zimbabwe Congress of Trade Unions (ZCTU) president Lovemore Matombo
and four other unionists spent the fourth day in jail on Wednesday after
police successfully applied to court for permission to keep the unionists in
detention pending trial.

Matombo, Michael Kandukutu, Percy Mncijo, Dumisani Ncube and Nhawu Ndlovu
were last Sunday arrested in Victoria Falls while addressing members of the
labour union for allegedly convening a public meeting without clearance from
the police.

They were detained overnight at Victoria Falls police station before being
transferred to Hwange where they have been kept since then.

ZCTU spokesperson Khumbulani Ndlovu said yesterday that the union's lawyers,
working with the Zimbabwe Lawyers for Human Rights were preparing a High
Court application for the release of the five unionists.

"Police have applied for further remand," said Ndlovu. "So our lawyers are
making an urgent application for their release," she said.

The government's draconian Public Order and Security Act (POSA) requires
Zimbabweans to notify police first before holding public meetings and
demonstrations. However professional and other special interest groups such
as the ZCTU are not required to notify police of meetings to discuss issues
specific to their work or field.

Human rights groups accuse the police of using the POSA willy-nilly to bar
meetings of any group perceived as unsympathetic to President Robert Mugabe
and his ZANU PF party.

On Monday the African Regional Organisation of the International Trade Union
Confederation (ITUC-Africa) wrote to Mugabe demanding the immediate release
of the trade union leaders who were arrested on a tour of the country
meeting ZCTU structures.

The arrest of the ZCTU officials comes barely two weeks after police
arrested two top members of the national association of non-governmental
organisations also in Victoria Falls where they were attending a meeting of
directors of NGOs working in the country.

Last year, Matombo was arrested and detained together with several human
rights activists after organising a mass action against the Reserve Bank of
Zimbabwe's unpopular cash withdrawal limits.  - ZimOnline

Mugabe's nephew takes the lead in prosecuting activists

http://www.thezimbabwean.co.uk

     
      Written by Stanley Chikomba
      Tuesday, 10 November 2009 17:44
      'We should never lose sight of the seriousness with which Michael
Mugabe takes his relationship with the president - Mafukidze'
      HARARE - He is a short, slightly built, dark in complexion and walks
with a limp. Many human rights lawyers, activists and MDC politicians and
activists know him as the state's conduit of legal repression.

      He is Michael Mugabe, the son of President Robert Mugabe's late
brother Donato.
      Michael has personified state repression by taking a lead in
prosecuting human and political rights activists, usually on blatantly
trumped up charges.
      His long list of victims includes prominent human rights activists
such as Jestina Mukoko, Alec Muchadehama, Tendai Biti, Roy Bennett, Mordekai
Mahlangu, Beatrice Mtetwa, journalists Vincent Kahiya, Constantine Chimakure
and even the Prime Minister Morgan Tsvangirai.
      Most of the cases against the above mentioned individuals have
something to do with Robert Mugabe.
      The wisdom of previous Chief Justice Gubbay eloquently explains how a
prosecutor should conduct himself.
      "Like Caesar's wife, the prosecutor must be above any trace of
suspicion," said Gubbay while passing a ruling some years ago.
      It is such wisdom that leaves the mind boggling as to why and how
Mugabe is always thrown into the fray whenever cases to do with the
president are brought to court.
      His deployment is never a mere coincidence. Allocation of sensitive
cases is a matter of serious consideration in the Attorney General's Office.
      Like Michael, the AG, Johannes Tomana, has publicly announced his
political affiliation, notwithstanding that he is required to discharge the
functions of his office in the public interest, without fear or favour.
      At the time of the announcement his political affiliation, Zanu (PF)
was the ruling party.
      Considering the political shenanigans that has surrounded the
abduction, detention, torture and ill-treatment of the accused persons by
faceless state agents, it is highly unlikely that anyone will get a fair
trial.
      Lawyer Tererai Mafukidze believes no accused person can get a fair
trial in a case involving Mugabe if it is prosecuted by Michael.
      "We should never lose sight of the seriousness with which Michael
Mugabe takes his relationship with the president," said Mafukidze.
      Early this year, media and human rights lawyer, Harrison Nkomo, who
represented Jestina Mukoko and Roy Bennett was arrested and charged with
"insulting the president" after Michael Mugabe laid a complaint against the
lawyer with the police. Michael alleged that Nkomo had asked him to inform
his "father" of the citizens' desire that he retires from office.
      "As a representative of the Attorney General (the public officer
constitutionally charged with prosecuting criminal offences) Michael is
required to be independent of any political or other influence in making
decisions relating to the prosecution of the accused persons," said
Mafukidze.
      Michael has often invoked section 121 of the Criminal Procedures and
Evidence Act as a way of prolonging and punishing any of his "father's"
perceived enemies.
      He was, however, cut down to size last month by High Court Judge,
Charles Hungwe, who gave him a tongue lashing telling him not to make a fool
of himself by abusing the law.

Farm workers admit defeat

Cultivating food security in the city

Doctor should be struck off

http://www.thezimbabwean.co.uk

     
      Written by Editor
      Wednesday, 11 November 2009 07:57
      We carry two pictures this week of Pasco Gwezere, the abducted MDC
transport manager, who was brought to court on Saturday for remand.

      It was evident that he had been severely tortured after being
kidnapped by the CIO. The magistrate ordered that he receive urgent medical
attention, which had been denied him for several days.
      We are shocked and appalled that a registered medical practitioner, a
Dr Dhobhi, who is in charge of the clinic at the Harare Remand Prison, has
refused to treat Gwezere.
      For a doctor, who took the Hippocratic Oath to save lives and relieve
suffering, to behave so callously, is horrifying in the extreme.
      We understand that Dhobhi has, since 2007, been part of the cabal of
prison officers who have been denying tortured prisoners access to media
attention. His name was mentioned in 2007 when he was responsible for
ordering the removal from the Avenues Clinic in Harare back into prison of
several MDC officials and a photo-journalist who had been badly tortured.
      We concur with the Zimbabwe Lawyers for Human Rights publication, The
Monitor, which expresses concern at the continued complicity of state
doctors in "torture, cruel and other inhumane and degrading treatment or
punishment of accused persons".
      This matter should be referred to the Zimbabwe Medical Association for
their urgent attention. So-called doctors, who have chosen to behave like
thugs - inflicting pain and suffering rather working to relieve it - should
surely be struck off the Medical Register.
      Gwezere's defence lawyer, Alec Muchadehama, with the consent of the
prosecutor, appealed to the presiding magistrate to order prison officials
to allow private medical practitioners to attend to him. His left leg was
becoming septic, he could hardly walk, his face was swollen and he was
evidently in severe pain.
      Despite all this, and the fact that it is un-procedural, the prison
officials deemed it necessary for him to appear in court in leg irons and
hand cuffs.
      Furthermore, we feel that the international community should show its
abhorrence at Dhobhi's behaviour by adding his name to the list of
individuals against whom targeted measures are applied.

Parents fork out for extra lessons

http://www.thezimbabwean.co.uk

     
      Written by ZWANAI SITHOLE
      Wednesday, 11 November 2009 16:24
      HARARE - Parents whose children are sitting for "A" and "O" level
examinations in Zimbabwe are spending a fortune on extra lessons for their
children as the country's education standards continue to plunge to mediocre
levels.
      Most parents in the country have resorted to hiring private teachers
to supplement the student's lessons which have been interrupted by incessant
teachers' strikes and the shortage of teaching staff and textbooks in
schools. The situation was particularly bad last term when students only
attended lessons for a month due to a crippling strike called by ZIMTA
demanding better working conditions and higher salaries.
      Parents who spoke to the ***The Zimbabwean this week said they had
lost faith in the quality of education which their children were getting
from formal schools. "I pay US$5 per day for extra lessons for my form six
son. Last term the boy did not learn anything as the teachers were on strike
and some left for greener pastures in South Africa. What is more disturbing
and painful to us parents is that the schools keeps on asking top up fees
while our children are not learning anything in schools,"  said a parent,
Tendai Moyo.
      Another parent, George Makaka, called on the government to urgently
address the current crisis in the education sector. "I have two children
writing national examinations this term. I am paying close to US$50 per
month for extra lessons alone and on top of that I need to pay for their
school fees. This is a heavy burden for us parents especially when we
consider that times are hard,' said Makaka. Some teachers are reported to
have left the profession this term to concentrate on offering extra lessons
to children.
      "I get more money by conducting private lessons than being a full time
teacher employed by the government. When I was employed my salary was US$150
but now I generate that amount in a day's work. The money is also not taxed,'
said teacher, Never Moyo.

Constitutional body to deploy outreach teams

http://www.zimonline.co.za

by Simplicious Chirinda Thursday 12 November 2009

HARARE - A special parliamentary committee leading Zimbabwe's constitutional
reform process said on Tuesday it will next week start sending out teams
countrywide to consult citizens on the proposed new constitution.

One of the committee's chairmen, Douglas Mwonzora, told ZimOnline that
outreach teams to gather people's views and ideas they want included in the
new constitution will be deployed next week.

"The deployment is starting next week and we are finalising on the numbers
at the meeting we are going to have this week," said Mwonzora. "We just want
to rationalise the number of outreach teams."

The committee's work had over the past two months stalled due to a lack of
funds but the government is understood to have released US$3, 5 million to
be used to kick-start the outreach programmes.

In addition to funding shortages, sharp differences have also emerged
between the political parties over the writing of the new constitution that
threaten to derail the reform process.

President Robert Mugabe's ZANU PF party has said any new constitution should
be based on a draft constitution secretly authored by the thre main
political parties on Lake Kariba and known as the Kariba Draft.

However, civic organisations and the MDC parties are opposed to it, saying
the document leaves largely untouched the wide-sweeping powers that Mugabe
continues to enjoy even after formation of a power-sharing government with
Prime Minister Morgan Tsvangirai and Deputy Premier Arthur Mutambara.

Under last year's power-sharing deal the country is supposed to have a new
constitution in the next two years to pave way for new elections.

The draft constitution will be put before the electorate in a referendum
expected in July next year and if approved by Zimbabweans will then be
brought before Parliament for enactment.

Once a new constitution is in place, the power-sharing government is
expected to call fresh parliamentary, presidential and local government
elections.

Zimbabweans hope a new constitution will guarantee basic freedoms,
strengthen Parliament and limit the President's immense powers.  - ZimOnline

We Are "Born Free, But Always in Chains"

http://www.thezimbabwean.co.uk

      Written by The Zimbabwean
      Wednesday, 11 November 2009 17:51
      Another day in the Matabeleland North Provincial Capital, Lupane, has
just taught me that "freedom" is just as much an overstated word as "Love".
How often do we hear people abuse the word love or the phrase "I love you"
forselfish gain? Today I learnt that being free does not necessarily mean
that one is outside prison. In as much as our parents and grand parents
didn't feel free during the colonial era and yet they of course were not all
locked up in prison cells. It reminds me of one of the late legend Lucky
Dube's songs: "Born free but always in chains" and well known local
playwright Raisdon Baya's work of theatrical art called: "Everyday
Prisoners". Just like some mental experts
      will tell you we are all abnormal in our small little way, we are also
prisoners in one form or another. Youths in Lupane and all over Zimbabwe are
prisoners of a destiny that only a new constitution can reshape.
      Presenting on a topic called "Youths and the Systems of Governance in
the New Constitution", Lupane based civic activist David Nyathi painted a
sad but real picture of the typical young person one will encounter in
Lupane. He said, apart from the young person that has left Lupane for other
towns and cities, countries or continents to seek a better life, "The
average young person you will meet in Lupane today represents one of the
saddest you will meet anywhere else in Zimbabwe. She/He is a young person
who is lucky to have reached and completed their O'levels, they are even
luckier if they make it to A' level".
      "She/He is unskilled and unemployed, she/he is of no fixed aboard and
depends on donor assistance for food and clothing. She/He is victim to all
kinds of inexplicable illnesses and has little or no access to treatment.
She/He cannot openly or proudly tell you where or how she/he gets the little
money she/he spends daily. She/He is an orphan taking care of little
brothers and sisters. She/He owns no birth certificate or identity document.
She/He will marry and have children by age 17 and be too much of a drinker
by age 15 with less
      opportunities and very little hope for the future."
      What makes Nyathi's account even sadder is the fact that Lupane is a
province rich in timber and under going immense growth through the
construction of a dam, university and a brand new government complex.
      Local timber of no benefit
      However, all these positives are hardly benefiting the locals of
Lupane let alone its young people. For starters, the timber that is grown in
Lupane is harvested by outside companies who hire outside labour to harvest
and process it outside of Lupane. When the timber is turned into furniture
Lupane locals have benefited nothing from it and cannot even afford to buy
      the furniture that it produces. The same tale is told of the
construction of the dam, university and government complexes. The
construction companies involved are from nowhere
      near Lupane, the labourers are not from Lupane and cannot even
communicate well with the Lupane locals. The programmes that have started
enrolling students to Lupane State University are based in Bulawayo making
it difficult for Lupane locals to presently benefit from the institution's
courses.
      What then can be said about the local leadership that has sat back and
watched this bias takes place unabated? According to local councillor, Kane
Kine Mpofu, their efforts have been thwarted by centralization of
government.
      Lack of youth action lamented
      "We cannot do this alone. Just last week I personally arrested some
criminals at the dam site and handed them over the police. If young people
like you do not help us to bring about the change then our efforts are
futile. We need to change the way our government operates and that can only
take place through a new people driven constitution and that can only come
      about if you participate fully. We need to call for the devolution of
power so that all our leaders can be accountable to us not to central
government," said Mpofu. Mpofu is one of the youngest councillors in the
Kusile district rural council, and he laments the lack of youth action in
Lupane despite the existence of over three youth civic society organizations
in the area. "We long for a vibrant youth movement that will speak on our
behalf and represent us like NYDT has been doing for the last six or so
months. We need our own youth council like the Bulawayo youth council. Maybe
we can call in the Kusile rural youth council." added a young person from
the gallery. Consequently, the parliamentary select committee will visit
places like Lupane soon to discuss what their wishes are for the new
constitution. Lupane youths have said they want devolution of power so that
they can control their own resources and determine the pace of their town's
development. Honestly, what can be said of a major timber production town
that has more bottle stores than shops and not even one furniture shop or
that many carpentry workshops for that matter?
      Someone up there just does not care, and it is time for young people
to make sure that they take part in this constitution making process which
will force leaders to care and be accountable to their constituents. Let us
change the meaning of being "born free" now, once and for all generations to
come. - NYDT

Enough of the talking already!

Whenever the crisis in Zimbabwe looks to be in danger of collapsing the
fragile unity government, the principals call on SADC - who invite them all
to a conference!

Life for one Robert Gabriel Mugabe must be quite easy because he can cause
whatever pandemonium he wants with garish acts, raids and other dubious
activities and when someone doesn't like it, the answer is to go somewhere
and talk about it.

They say that talk is cheap - but in this case it is exceedingly costly.
Costly insofar as lifestyles in Zimbabwe are concerned. Costly insofar as
the deteriorating standards of life in Zimbabwe are concerned.

And costly insofar as hosting the various negotiators, mediators and other
interested personages in a foreign country are concerned.

Look at what Mugabe has achieved for more than a year of talking.

He has not done anything for the people of Zimbabwe, has not stood by the
signed agreements he has with the two factions of the MDC (even though he
says he has) and somehow, even though he lost the election in March 2008,
his party continue to run (ruin?) Zimbabwe.

He is happy that his party do the 'acceptable minimum' to keep the perceived
wolf at bay - and for some reason SADC are happy that his 'efforts' reflect
his 'commitment' to the power-sharing government.

I do realise that nine times out of ten, talking, discussing, negotiating -
call it what you will - has a place in resolving issues and making plans to
sort things out - i.e. time frames - but when was SADC, the AU, the UN and
the free world going to realise that nothing that Mugabe says or signs means
anything more than a delay?

A delay in the achievement of democracy in Zimbabwe. A delay in the coming
storm that Mugabe and his senior apologists will have to ride if they want
to remain outside of a prison cell.

I have said it so many times in the recent past - each day that Mugabe
remains in power is victory for him - because it is another 24 hours that he
has withstood the wishes of the people, another 24 hours that he has stood
on his own pathetic principles - and he remains standing.

I often ask why it is that the free world allows Mugabe to get away with
murder - and let's face it - what Mugabe is doing to the Zimbabwean people
is resulting in deaths, deaths that he could have avoided.

Is the free world afraid that Mugabe might shout at them? He does that
whether the free world says anything or not, so that excuse falls way short
of the mark.

Is the free world afraid that Mugabe may insinuate that the resistance to
his continued rule in Zimbabwe might be racially based? He will play the
race card as often as he wants and has played it very liberally in the past.

Is the free world afraid of what they may find in the event that Mugabe is
forced from the top job in Zimbabwe (by democratic means)? We are already
beginning to see the destruction that his rule has wrought.

The Auditor General has already given us facts of corruption within just one
governmental department - much more of this must be just waiting to be
found.

Mugabe protects the governor of the Reserve Bank of Zimbabwe who helped
himself to foreign currency held in accounts held at the central bank.
Mugabe claims that Gono is 'no thief', but the majority of that money
remains unaccounted for.

Is this not theft? Is there anything new in this in Zimbabwe?

But the international bodies refuse to stand up and say, "Enough!"

"Enough of the talking, the excuses, the delays, the deception and the
duplicity!"

Well, in the forlorn hope that someone with a backbone and the power to
stand up against Mugabe may hear me, I say, "Enough of the talking already!"

Robb WJ Ellis
The Bearded Man

http://mandebvhu.instablogs.com/entry/enough-of-the-talking-already