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Bennett Judge refuses to recuse himself

http://www.swradioafrica.com/

By Alex Bell
16 November 2009

The court case against MDC Treasurer General Roy Bennett hit yet another
snag on Monday, when Judge Chinembiri Bhunu refused to recuse himself from
the case. Bennett's legal team last week requested that Justice Bhunu hand
the trial over to another judge, saying his handling of the related Peter
Hitschmann trial in 2006 showed he might be 'prejudicial' to Bennett. But
Bhunu refused to hand the case over when proceedings got underway on Monday,
saying the cases of Hitschmann and Bennett were separate.

State prosecutors have indicated that Hitschmann, who was jailed for two
years for possessing dangerous weapons but was acquitted on the more serious
terrorism charge that Bennett is facing, will give evidence that will
implicate Bennett. But Bennett's defence has said that Hitschmann's
testimony will contradict a sworn affidavit and statements he made to the
High Court in 2006. Hitschmann himself has also made clear that he is not
prepared to be a state witness.

Monday's court proceedings saw Bennett plead not guilty to the charges laid
against him, and also saw the first state witness in the case take the
stand. SW Radio Africa correspondent Simon Muchemwa reported that the
witness, police superintendent James Makoni, kept alluding to statements
made by Hitschmann during the arms dealer's case in 2006. The defence argued
that the evidence was 'inadmissible' because Hitschmann himself has not yet
been called to testify. The trial will continue on Tuesday.


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Bennett denies charges as Justice Bhunu cautions State witness

http://www.sokwanele.com/thisiszimbabwe/archives/5226
 

ZLHR LogoZLHR Press Release – 16 Nov : Deputy Agriculture Minister-Designate, Roy Bennett on Monday 16 November 2009 pleaded not guilty to charges of insurgency, banditry, sabotage and terrorism after they were read to him for the first time in court by Attorney General (AG), Johannes Tomana.

Earlier on Justice Bhunu refused to recuse himself from presiding over the trial as requested by Bennett’s lawyers last week. He delivered his ruling in Chambers before Bennett’s lawyers Beatrice Mtetwa and Trust Maanda together with State lawyers, Tomana, Chris Mutangadura and Florence Ziyambi.

As the trial commenced in earnest, Tomana told the court that Bennett [who is facing several charges ranging from possessing weaponry for insurgency, banditry, sabotage and terrorism to incitement to commit insurgency, banditry or terrorism] plotted, together with Peter Michael Hitschmann, to depose a lawful government through the use of violence, insurgence, banditry, sabotage and terrorism.

Tomana alleged that Bennett was the financier to the acquisition of firearms and also planned the demolition of a Microwave link, which is a communication system that uses a beam of radio waves in the microwave frequency range to transmit information between two fixed locations.

After Bennett pleaded not guilty to the charges Tomana led evidence from the State’s first witness, Chief Superintendent Sipho James Makone of Criminal Investigations Department (CID) Mutare, who arrested Hitschmann on 6 March 2006 and is the investigating officer in the case.

However Mtetwa objected after Tomana started leading evidence she claimed was based on hearsay.

Justice Bhunu, who adjourned court before lunchtime to consider Mtetwa’s objection, ruled when proceedings resumed after lunch that Makone should restrict himself only to what he did and found out or discovered, and not hearsay.

Justice Bhunu then deferred the matter to Tuesday 17 November 2009 after Tomana asked for a postponement to consider Bhunu’s ruling which he said “he wasn’t anticipating”.


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Zim terrorism case is persecution, says Bennett

http://www.mg.co.za

     
      HARARE, ZIMBABWE Nov 16 2009 15:38

A senior official in Zimbabwe Prime Minister Morgan Tsvangirai's party
pleaded not guilty on Monday to terrorism charges in a trial that has raised
tensions in the unity government formed early this year.

Roy Bennett, treasurer general in the Movement for Democratic Change (MDC),
was arrested in February on charges of illegal possession of arms for
purposes of committing terrorism, insurgency and banditry.

Bennett's lawyer said he viewed the case as "political persecution".

Bennett is the MDC's nominee for the post of deputy agriculture minister,
but President Robert Mugabe has refused to swear him, saying that he should
be acquitted first.

Asked on Monday by High Court Judge Chinembiri Bhunu how he pleaded to the
charges, Bennett said: "Not guilty, my Lord."

Attorney General Johannes Tomana told the court that Bennett, together with
accomplice Peter Hitschmann, was involved in an anti-government plot to
destabilise the country between 2002 and May 2006.

Tomana said Bennett was the chief financier, at one time depositing $5 000
in Hitschmann's account to purchase arms, including rifles, eight machine
guns, ammunition and grenades.

"The grand plan included assassinating certain individuals in government,"
Tomana said.

The plot was supposed to be carried out in March 2006 when Mugabe was
attending a birthday function in the eastern city of Mutare.

Beatrice Mtetwa, Bennett's lawyer, said Bennett denied all the charges.

"The accused will contend that the state summary discloses no offence and
that this is continued political persecution from his rivals who continue to
stop his participation in the unity government," she said.

Judge Bhunu refused a request by defence lawyers for him to step aside from
the trial. The defence says he previously made certain comments that could
be prejudicial to Bennett's case.

State prosecutors have indicated that Hitschmann -- who was jailed for two
years for possessing dangerous weapons but was acquitted on the more serious
terrorism charge -- will give evidence that will implicate Bennett.

Defence lawyers say Hitschmann's testimony will contradict a sworn affidavit
and statements he made to the high court in 2006 and that he has also made
clear that he is not prepared to be a state witness. -- Reuters


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Gramara Farm ‘jambanja’d’ over the weekend

http://www.sokwanele.com/thisiszimbabwe/archives/5221
 

Colin Cloete of Gramara farm in Chegutu, Zimbabwe was harassed this weekend by a group of alleged “war vets”. The following sms was received from him during the incident:

“Am being harassed in my house at the moment. They want me to leave now. Go back to Britain. Making fire on my lawn jambanja* style. Police not responding.”

Soon after the message was sent two police officers did in fact arrive and they left with the “invaders”.

Apparently Colonel Kapanga’s wife is the main instigator behind the operation to hound Cloete.

Yesterday the police charged the invaders and it remains to be seen whether or not the charges will be acted upon. Cloete was upbeat and felt that the police had done their job for the moment; however, the past experience of other farmers inspires caution and the justice system stands to be tested today.

Although the invaders were in possession of a stamped and signed letter from the War Vets Association, the authenticity of the letter could not be checked.

The situation in Zimbabwe is such that individuals believe they are above the law as President Mugabe has given blanket authority to “take back” the land and the rule of law has time and again not been adhered to.

In 2008 Cloete was one of several white commercial farmers prosecuted for allegedly staying on their land, which had been forcibly acquired by the government under the violent land reform exercise. Cloete is part of the group of 78 farmers who fall under the SADC ruling that argued that the seizure of their farms constituted discriminated on the grounds of race, and did not afford them a hearing in court and above all violated the SADC treaty on property and human rights.

The SADC tribunal ruled that the farmers could go back on their farms and ordered the Zimbabwe government not interfere with their operations, however the Zimbabwe Attorney General and Minister of Justice has since denied the authority of the SADC appointed body.

Cloete has come under fire in the past for the stance he took as President of the CFU, but states that in his personal capacity he has never believed in or supported land invasions and he is determined to fight against injustice in Zimbabwe. He said,“As president of the CFU I was representing other people’s opinions, not my own opinion and executing the wishes of the organisation’s members.”

This latest farm incident coincides with Mugabe’s visit to Rome to attend the United Nations World Food Summit , taking with him a sixty strong delegation.

*Jambanja is Zimbabwean urban lingua franca or slang for ‘violence’ or ‘chaos’. Popularised after 2000, officials and the public used the word to describe the violent and chaotic farm occupations.


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MDC torture victim still being denied medical treatment

http://www.swradioafrica.com/

By Alex Bell
16 November 2009

The MDC transport manager who was severely tortured after he was abducted by
state security agents last month, is still being denied private medical
care, in what his lawyers say is a 'calculated' and 'deliberate' act by the
state.

Pascal Gwezere has remained behind bars at Chikurubi maximum security prison
after he was finally brought to court, a week after he was abducted from his
home. His lawyers have been fighting ever since for Gwezere to have access
to private medical care as a result of the serious injuries he sustained
after being tortured by his abductors.

But despite a court order issued more than two weeks ago, directing prison
officials to allow doctors to examine and treat Gwezere, this has still not
happened. According to the Zimbabwe Lawyers for Human Rights, Gwezere's
doctors said last week that a prison doctor, identified as Dr Makanza, who
had agreed to accompany them to see Gwezere on Friday, did not show up.

Gwezere's lawyer, Alec Muchadehama, has criticised prison authorities for
denying his client access to doctors of his own choice.

"It (denial of medical examination) is calculated and deliberate," said
Muchadehama.


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Tsvangirai meets with negotiators from MDC-T and ZANU PF

http://www.swradioafrica.com/

By Tichaona Sibanda
16 November 2009

Prime Minister Morgan Tsvangirai met in Harare with negotiators from ZANU PF
and the MDC-T on Monday, to set the agenda for the make-or-break
negotiations between the rival parties. James Maridadi, Tsvangirai's
spokesman, confirmed the meeting.

The talks between the negotiators were due to begin in earnest this week,
but have been postponed to next week due to the unavailability of
negotiators from the MDC-M. Both their negotiators missed the Monday meeting
with Tsvangirai.

The crucial talks will have to wait until the return of Welshman Ncube and
Priscilla Misihairambwi-Mushonga, who are both outside the country. Ncube is
expected back in the country on the 23rd November while Mushonga will be
back on Wednesday. It has been impossible to find out why two key
negotiators are unavailable for meetings, which have direct and vital
impacts on the lives and futures of all Zimbabweans.

 MDC-T national spokesman Nelson Chamisa said their negotiators were ready
but were only informed of Ncube and Mushonga's absence on Monday. The MDC-T
is represented by Tendai Biti and Elton Mangoma, while Patrick Chinamasa and
Nicholas Goche represent ZANU PF.

Ten months into the inclusive government, Robert Mugabe is still refusing to
share power and now negotiations will have to be guided by the SADC Troika
communiqué which urged full compliance with the letter and spirit, not just
of the GPA, but also with the decisions of the SADC Summit of January 27,
2009.

That communiqué refers specifically to the issues of provincial governors,
the Attorney-General and the Governor of the Reserve Bank and issues around
the National Security Council, which has met only once, four months ago,
since the formation of the new government in February.

These issues, including the appointment of provincial governors and the
swearing in of deputy minister of agriculture-designate Roy Bennett, are
threatening the existence of the unity government.

Weekend reports said a SADC ministerial team, that assessed
the implementation of the power-sharing arrangement, recommended that RBZ
Governor Gideon Gono should be 'reassigned' to save the coalition government
from collapse.

On Sunday Chamisa told The Star newspaper of South Africa that the parties
had no option but to fully implement what they agreed to when the GPA was
signed.

'This is a straightforward case which does not need days to complete because
everything was agreed by the parties. We therefore expect full
implementation of the GPA. All the chapters, commas, full stops, clauses,
punctuation marks, signatures and paragraphs must be respected and must be
complied with. The political parties must agree on implementation so that we
do not embarrass SADC, who are guarantors to the deal,' Chamisa told the
paper.

Last week, Mugabe, Tsvangirai and Mutambara met in Harare and reportedly
agreed to reforms pertaining to the media, electoral and human rights.

Media reports in South Africa over the weekend said Mugabe will soon
announce the various commissioners for the Zimbabwe Media Commission,
Zimbabwe Electoral Commission and the Zimbabwe Human Rights Commission.

But observers remain highly skeptical of such reports, as Mugabe is a master
at delaying tactics and has shown that he has absolutely no intention of
allowing a free media, a free electoral commission or a genuine respect for
human rights.


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Lawyers protest increasing state intimidation

http://www.swradioafrica.com/

By Alex Bell
16 November 2009

Scores of lawyers gathered in Harare on Monday to protest the increasing
intimidation tactics being used by the state against them, as they try to
defend various human rights activists in the country.

The group of about 60 lawyers, dressed in their black gowns, braved the
pouring rain in the capital to march to the office of Justice Minister
Patrick Chinamasa. The group had first attended Monday's High Court
proceedings, in support of their colleague Mordecai Mahlangu who was
arrested two weeks ago on charges of interfering with the course of justice.
Mahlangu was arrested after writing a letter to Attorney General Johannes
Tomana, saying his client Peter Hitschmann had no evidence to offer in the
treason trial against MDC Treasurer General Roy Bennett.

From the High Court the lawyers marched to Chinamasa's offices to hand over
a petition, calling for an end to the ongoing harassment of lawyers and
rights defenders alike. Lawyers have been routinely harassed by police,
often finding themselves facing trumped up charges. Magistrates too have
expressed concern about the state's overwhelming interference in the
supposedly independent legal system.

For example, Harare magistrate Chioniso Mutongi, has reportedly resigned on
the basis of state interference and harassment. The magistrate, who has been
presiding over the state's case against top civil rights lawyer, Alec
Muchadehama, said she had been 'undermined' after the state refused to carry
out sentencing of the state prosecutor that Mutongi had ruled was in
contempt of court. The prosecutor, Andrew Kumire, was facing a jail term as
a result of the contempt charges, after he was disrespectful to Mutongi
during court proceedings.

But Mutongi reportedly said she had endured a "torrid time during which I
was entirely abused and harassed at the hands of the State prosecution
(authorities)." She added that she felt she "did not get professional
protection from this office, as I reasonably anticipated."

Political analyst and lawyer, Alex Magaisa, said the situation "raises
questions yet again about the independence of the judiciary and more
significantly, about the plight of the officers in the lower echelons of the
judiciary."

"The independence of the judiciary must be protected and this goes
beyond concerns for judges in the superior courts but to all the men and
women who are the foot soldiers of the judicial system," Magaisa said.


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'Mnangagwa-linked official won't win ZANU PF Harare post'

http://www.zimonline.co.za

by Own Correspondent Monday 16 November 2009

      HARARE - Deputy Power Development Minister Hubert Nyanhongo will not
be elected ZANU PF chairman for Harare province because of his links to a
party faction led by Defence Minister Emmerson Mnangagwa, sources told
ZimOnline at the weekend.

      Nyanhongo, who is the only Member of Parliament from President Robert
Mugabe's ZANU PF party in Harare province, is appealing the results of last
week's provincial election in which he polled 807 votes but lost to Amos
Midzi who got 1 052 votes.

      A senior ZANU PF official speaking on condition of anonymity said
although Nyanhongo is contesting the results his links to Mnangagwa has cost
him the coverted prize.

      "Even if Nyanhongo has appealed last week's results he will not be
able to topple Midzi from the post," the source said.

      "He has serious links with Mnangagwa and everyone in the party knows
that. He is a Mnangagwa front, he spends his time at his farm in Kwekwe."

      ZANU PF, whose power is on the wane after it was defeated by the MDC
in elections last year, is riven by factionalism much of it linked to the
unresolved issue of Mugabe's succession.

      Two camps, one led by former army commander Solomon Mujuru and the
other by Mnangagwa, are fighting for control of the party when and if Mugabe
retires.

      "If Nyanhongo had won that post that would have somewhat tilted the
power balance between general Solomon's Mujuru's camp and Mnangagwa's camp
and that cannot be allowed to happen," the source said.

      Under the ZANU PF structures, Mnangagwa is the party's secretary for
legal affairs making him number five in the organisation behind Mugabe,
vice-president Joice Mujuru, national chairman John Nkomo and Didymus Mutasa
who is the party's secretary for administration.

      Although Nyanhongo was not reachable for comment at the weekend, last
week he said he was awaiting response from the party hierarchy on his
appeal.

      The source said Mugabe was "well aware of the Nyanhongo's links to
Mnangagwa and Ngwena cannot be trusted, but mudhara (the old man) wants him
to continue his ambitions of being elected to the presidium, but he is fully
aware that he is not popular in the party so he will not be elected anywhere
near the presidum." - ZimOnline


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Conflict diamonds mining begins in Zimbabwe

http://www.capetimes.co.za

November 16, 2009 Edition 1

Peta Thornycroft

Mining of "conflict" diamonds in eastern Zimbabwe by a web of companies in
which South African giant Old Mutual has a share, has begun, in defiance of
a Harare High Court order.

And the companies are setting up a diamond-cutting operation at Harare
airport which would allow them to export the diamonds without proper
certification that they are not blood diamonds.

Justice Charles Hungwe ruled in the Harare High Court on September 24 that a
British company, African Consolidated Resources plc (ACR) is legally the
lessor of some of the land now being exploited by two Zimbabwean companies,
Canadile Miners and Mbada Mining (Pvt) Ltd, working in joint ventures with
the parastatal, Zimbabwe Mining Development Corporation.

Canadile and Mbada have a complex list of shareholders, which include trusts
and South African- and Mauritian-based companies and individuals, among them
the Johannesburg company New Reclamation Group. Old Mutual has a nearly 6
percent share in New Reclamation Group.

High resolution satellite pictures taken last month showed that a plant
which can process 150 tons of concentrate was already on one of ACR's
Chiadzwa's sites, ACR says.

It was manufactured by a Johannesburg engineering company, Consulmet.
Consulmet confirmed on Friday that the plant was in Zimbabwe and that the
contract for the plant was ultimately paid for by New Reclamation Group.

ACR also says that the companies which have taken over its claims, are
planning to cut gem diamonds in Harare.

This would would allow them to be smuggled out of Zimbabwe - bypassing the
Kimberley Process set up to identify conflict or blood diamonds - as the
origins of cut diamonds cannot be identified.

Whereas the rough diamonds on ACR's claims, on its Chiadzwa diamond leases,
in the Marange district of the Manicaland Province in eastern Zimbabwe, are
easy to recognise as they are covered in a dense skin. On Wednesday Zimbabwe's
mines minister Obert Mpofu said

he had awarded licences to mine parts of the Chiadzwa diamond fields to
Canadile Miners and Mbada Mining (Pvt) Ltd, to operate joint ventures with
the parastatal,

Zimbabwe Mining Development Corporation.

ACR says both the claims which have been awarded to

Canadile and Mbada Mining overlap its own claims. The Zimbabwe Mining
Development Corporation is one of the

Zanu-PF-aligned businesses which is on the sanctions lists of many Western
countries and so their nationals may not buy the Chiadzwa diamonds.

Under Zimbabwean law, according to several legal opinions from Harare, any
diamonds extracted from ACR's claims by these companies, and then sold
either through local front companies, or smuggled to any international
market, would also be "stolen" goods.

Apart from the legal issue of ownership of the diamonds, is the ethical
issue. Human rights groups such as Global Witness say that Chiadzwa's stones
reflect the real meaning of "blood diamonds" which led to establishment

of the Kimberley Process. None of the companies involved, including Old
Mutual, has responded to questions about their involvement in the
exploitation of the Chiadzwa diamonds.


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Zimbabwean diamonds lose glitter for Mozambique's illegal traders

http://news.scotsman.com

Published Date: 16 November 2009
By Jane Fields in Vila De Manica, Mozambique
THE young dealer in a cap fiddles with his BlackBerry. As he reaches for a
beer, I see the stone he's holding.
His companion, a Malian, turns to me on this terrace in central Mozambique.
"You want?" he whispers.

Driven out of Zimbabwe's eastern diamond fields by police, illegal diamond
dealers now operate in this town ten minutes from Machipanda frontier post.

You know you are in diamond country when you reach the border. "You want
diamonds?" asks the official checking the serial numbers on our car engine.
"I can get you one: 16 carats," he promises.

Vila de Manica is not rich. Tea-bag-size sachets of washing powder are on
sale in a dusty market.

However, diamond money has changed the landscape here - literally. Dotted
among the drab concrete buildings are houses freshly painted in yellow and
purple. Coils of razor wire top the walls. There are satellite dishes, armed
security guards.

Outside the Flamingo Restaurant four dealers order rounds of Manica beer.
They speak bitterly of the brutality of Zimbabwean police.

The Marange fields were the scene of a frenzied diamond rush from 2006 to
last year. Schoolchildren threw their books into the bush and dug alongside
their teachers. Dealers booked into the Holiday Inn in the nearby city of
Mutare.

President Robert Mugabe's security forces ended the free-for-all last
November, moving into the fields with dogs and guns. Rights groups say 200
people were killed. The brutality nearly got Zimbabwe suspended from the
Kimberley Process Certification Scheme (KPCS), the global diamond trade
body.

Earlier this month, the KPCS gave Zimbabwe until June 2010 to implement a
plan to bring it up to international standards.

But military abuses reportedly continue.

"Zimbabwe is very bad," says a Somali dealer. He has a front tooth missing
after a beating in Marange last year, he says. Police stole £4,800 he was
carrying. "Our friend had both his legs broken two weeks ago. He lost
£21,000," claims a dealer from Mali.

The dealers say it's easier operating in Mozambique. The police leave them
alone if their passports and visas are in order. They travel to and from
northern Nampula province. The Zimbabwean diamonds they deal in go to Dubai
and then Asia. They say the stones are mostly industrial grade, used for
machines.

In a clothes store, a Lebanese man in an Emporio Armani T-shirt says he's
from Essex, where his three children go to school. His brother has bought
property in Vila de Manica. "Now I sell stones," he says.

He looks at my cheap flip-flops and moves away. I am obviously not a serious
buyer.

It's getting harder to smuggle Zimbabwe's diamonds. The authorities have
awarded contracts for Marange to two companies: Mbada Mining, a little-known
local firm, and Canadile Miners, which has South African investors. They are
investing heavily.

There's just one problem: according to a court ruling, the claim belongs to
African Consolidated Resources, a company listed on the London stock
exchange. Desperate for money - mines minister Obert Mpofu believes diamonds
can bring Zimbabwe £360,000 a day - the government has gone ahead with
mining, pending an appeal.

A pharmacy in Mutare is sparsely stocked but can sell you an electric
diamond scale for £20.


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NGOs boycott of Zimbabwe's government to continue

http://www.zimeye.org/?p=10502

By John-Chimunhu

Published: November 15, 2009

Harare  Non-governmental organizations in Zimbabwe have vowed to continue a
boycott of government functions in protest over continuing arrests of aid
workers, an official has said.

National Association of Non Governmental Organizations (NANGO) board
secretary Godwin Phiri told ZimEye that a boycott of a conference convened
by justice minister Patrick Chinamasa on October 28-30 was just a 'test case'
and more boycotts would follow.

"We cannot participate in meetings with the government when our leadership
is being arrested," Phiri said."We'll not create the impression that
everything is okay when they are arresting our leaders. Where government
invites us, we're not attending until the situation improves."

The measure was taken following the arrest of Nango chairperson Dadirai
Chikwengo and the organization's chief executive Cephas Zinhumwe in Victoria
Falls. The two were accused of holding a political meeting without police
clearance, a serious offence under the much-criticized Public Order and
Security Act. The pair said they spent two nights in 'filthy' cells. They
deny the charges, pointing out that the meeting in question was the NGO
directors' summer school, an annual event

Two officials from the Zimbabwe Election Support Network were arrested two
days later in Dete under the same law, while a day later United Nations
rapporteur on torture Manfred Nowak was detained overnight at Harare airport
before being deported.

Commenting on the failure by NGOs to meet with Chinamasa, Phiri said "in an
environment where the law is arbitrarily applied against NGOs it would be
improper to endorse the validity of such meetings through attendance".

Phiri said NGOs had a right to comment on policy issues and decisions and to
participate in 'political discourse'. The government has repeatedly
threatened to shut down NGOs that are critical of the Robert Mugabe's
policies.


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NGO Releases Political Violence Videos

http://www.radiovop.com/

     
      Harare, November 16, 2009 - The Solidarity Peace Trust has released
four videos to the media showing the victims and testimonies of the horrific
political violence last year towards June after President Robert Mugabe lost
to Prime Minister Morgan Tsvangirai in the first round of the presidential
elections in March.

      The videos which were shot last year as the country's political and
economic crisis worsened, shows victims, mainly opposition supporters
narrating their ordeals.

      On two of the videos titled Democracy: Missing Presumed Dead and After
the elections: A crisis in Zimbabwe, supporters of the Movement for
Democratic Change (MDC) narrate the ordeals they went through, how they were
abducted, beaten using various weapons that included chains,iron bars, whips
while others were burnt under their feet with burning grass for supporting a
'British' funded party.

      The other two videos are titled Death of a nation and A marriage of
in-convenience narrate the effects of the cholera epidemic and while the
other video chronicles stages to the formation of the inclusive government.

      The videos on violence shows property and houses that were burnt down
and destroyed which were for MDC supporters in various parts of the country
as Zanu PF supporters and state security agents reigned on anyone perceived
to be an MDC supporter.

      The role of the dreaded government spy agency the CIO, the police and
the army is told in the videos , how they were using state institutions to
suppress ordinary people and how they used cars without registration plates
to abduct and kill opposition supporters.

      Names of Zanu PF Members of Parliament, Newturn Kachepa, Edward
Raradza , Saviour Kasukuwere are mentioned frequently in the testimonies by
the victims of the political violence on their role in the violence against
MDC supporters.

      Mugabe's presidential run-off election campaign last year was
spearheaded and led by the military at the highest level leaving dozens
dead, thousands displaced and resulted in Tsvangirai pulling out of the
presidential race days before the polling day citing 'unprecedented'
violence against his supporters by Mugabe's Zanu PF supporters and state
security agents.

      The MDC has said over 200 of its supporters and officials were killed
in the violence towards the presidential run-off election after the March
general elections.

      Although the government formed an organ on national healing and
reconciliation led by the three political parties, victims of the violence
have called for justice to be done and for the police to arrest perpetrators
of violence.

      The Solidarity Peace Trust is a Non government organisation based in
South Africa and led by church leaders in Southern Africa who are committed
to human rights , freedom and democracy. The trust has already documented
rights abuses in Zimbabwe in the past years.

--------
      Comments
      "Public knowledge" by samaita of the N-pole at Monday, 16 November
2009 11:13
      What you say is on the tapes is largely public knowledge for people
who witnessed the elections referred to in the story.What makes the tapes
important is that we have a record of the ugly side of our country and its
leaders.The tapes can be very useful in future efforts to ensure that these
sad events do not revisit us.I know worse things about Kasukuwere and a lot
of people are not surprised to know he is frequently mentioned.What is
missing is the real force behind the violence, JOC and Bob.Hopefully those
messengers of the JOC can lead us to its doorstep and describe the
instructions given and who gave them and what they got in return.Most
important they can disclose where some people unaccounted for up to this day
have been dumped and how they were eliminated.Then and only then can the
nation be healed , what Nkomo and Holland and Sibanda are doing will not
give a sustainable measure of healing.We will get there
someday!!!!!!!!!!!!!!

Comment by Zvaigwadzavaisara at Monday, 16 November 2009 15:00
Zvichakupfukirai vanaKasukuwere. Rinamanyanga hariputirwi, hayo mavideo
ongobuda. Manje kana musingazivi kuti ngozi yerombe iganda nzara,
muchapfidza matadzo katatu samaRoma. Everything is well document, yo hands
are dripping from innocent blood yu massacred yu vampires. Manje let me tell
yu something mucharipa mhosva dzenyu iyodzo pasi nekudenga.


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Mugabe & 60 officials in Rome for UN food summit

http://www.swradioafrica.com/

By Lance Guma
16 November 2009

Robert Mugabe arrived in the Italian capital Rome on Saturday, for a United
Nations food summit. Despite European Union targeted sanctions that restrict
his travel Mugabe is allowed to travel to meetings that are under the
auspices of the UN. The travel restrictions were put in place in 2002 in
response to widespread human rights abuses, but many observers are critical
of the fact that despite this, Mugabe and his ruling elite still get to go
on plenty of shopping trips.

The ZANU PF leader, blamed for destroying Zimbabwe's economy through
corruption, mismanagement and bad policies, showed his penchant for
extravagance by arriving at Italy's Fiuminicino airport with over 60
officials. Exactly what this large entourage is meant to be doing is not
clear. What is clear is that once again the tax payer will foot the bill for
the hefty allowances given to this entourage.  Mugabe has brought hunger and
starvation to millions during his brutal reign, and the irony of him
attending a 'food summit' was not lost on anyone.

The UN's Food and Agriculture Organization is having a three-day World
Summit on Food Security which began Monday. More than 60 other heads of
state, (the same number of people in Mugabe's entourage) are expected to
attend the summit.

Mugabe remains determined to actively stop farmers growing food and back
home his loyalists continue to disrupt commercial farming operations by
using soldiers from the Zimbabwe National Army to harass the remaining white
farmers in the country. The Commercial Farmers Union predicts Zimbabwe will
have the worst harvest ever, with less than 500 tonnes of maize being grown,
against national requirements of 1.8 million tones.

In October pressure group Zimbabwe Democracy Now called on the UN to ban
Mugabe from attending UN meetings. They argued that in October a UN special
rapporteur on torture, Manfred Nowak, was detained at Harare International
Airport and told to get on the next plane out. Nowak was on an 8-day mission
that had previously been organized, and agreed to, by the government, before
Mugabe made a u-turn.

'The United Nations allows Mugabe (and his wife, and his ministers and
security people and various relatives and other hangers-on) to visit the
United Nations offices wherever they may be - in New York, Geneva or Rome.
The Mugabe's love this, because it's the only way they can get round the
targeted sanctions and Grace, the First Shopper, spends her 'crochet money'
on designer shoes and jewels,' the group said.'


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Booming Business For Zimbabwe Hotels

http://www.radiovop.com/

     
      Johannesburg, November 16, 2009 - Occupancy rates at hotels in
Zimbabwe, especially those for businessmen, have trebled since last year,
pointing to signs of life in the battered African economy, the country's
industry chief said on Monday.

      The improvement supports the claims of Zimbabwe's troubled
power-sharing government that business and investment activity has
mushroomed since the worthless Zimbabwe dollar was scrapped nine months ago.

      "Rates were below 30 percent but already in the last months -- most
notably in city-centre hotels -- they're up to 90 percent," Zimbabwe Council
of Tourism president Emmanuel Fundira told Reuters.

      "Much of this is business travellers coming in to look at investments
and things like that," he said on the sidelines of an investment conference
in South Africa. "That level of interest in Zimbabwe is extremely
encouraging."

      President Robert Mugabe and his arch rival, Morgan Tsvangirai, agreed
to the unity government in September 2008 after disputed elections, but the
deal has yet to be implemented in full and disputes over economic policy
continue to unnerve potential outside investors.

      Despite this, the government this month projected economic growth for
this year of 3.7 percent, jumping to 12.5 percent next year and 15 percent
on average for the period 2010-2015.

      Occupancy rates at tourist-focused hotels, such as those near the
Victoria Falls in the northwest border with Zambia, had not fared so well,
currently enjoying only 40 percent occupancy, Fundira said.

      However, he said the government was still projecting tourism revenues
of $100 million for 2009, compared to just $40 million last year when the
country was riven by political violence.

      Shingi Munyeza, chief executive of Zimbabwe-based hotel firm African
Sun Limited, backed Fundira's view, saying some of his hotels in the country
were 70 percent full.

      Despite its problems, all the signs pointed to the Mugabe-Tsvangirai
power-sharing deal muddling through, Munyeza said, providing a modicum of
stability that has helped stop the economic rot of the last decade.

      "We don't gloss over the issues. But we also are very clear what is
the worst-case scenario from here. Will the guys pick up guns and start
fighting? We think that if that was possible, it would have happened a year
ago," Munyeza said.

      "The very fact that the parties that fought viciously with each other
are able to sit in parliament for nine months and come up with productive
policies, is a miracle." Reuters


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Hopes for an end to impasse in Zimbabwe

http://www.thestar.co.za

MDC says parties have no option but to honour deal

November 16, 2009 Edition 1

Stanley Gama

Zimbabwe's partners in the coalition government, the Movement for Democratic
Change and Zanu-PF, were due to meet in Harare today for make-or-break
negotiations.

Regional leaders have given the leaders until December 5 to resolve the
crisis.

Nine months into the inclusive government, President Robert Mugabe and Prime
Minister Morgan Tsvangirai are still haggling over outstanding issues from
the fragile Global Political Agreement (GPA) that brought about the
coalition government.

The impasse between Mugabe and Tsvangirai exploded last month when the MDC
temporarily pulled out of the government, leaving the government paralysed
and in a constitutional crisis.

This forced the guarantor to the unity deal, the Southern African
Development Community (SADC), to intervene, and on November 5 it gave
Tsvangirai and Mugabe between 15 and 30 days to make sure they implement the
outstanding issues.

President Jacob Zuma is expected to visit Zimbabwe on December 6 to assess
whether they have resolved the problem. He was assigned by SADC to
facilitate the implementation of the deal.

MDC spokesman Nelson Chamisa said the parties had no option but to fully
implement what they agreed to when the GPA was signed.

"This is a straightforward case which does not need days to complete because
everything was agreed by the parties. We therefore expect full
implementation of the GPA, and expect the negotiators to embrace the letter
and spirit of the GPA.

"All the chapters, commas, full stops, clauses, punctuation marks,
signatures and paragraphs must be respected and must be complied with. The
political parties must agree on implementation so that we do not embarrass
SADC, who are guarantors to the deal.

"We are, however, conscious of the stubbornness and insincerity in Zanu-PF.
They are dragging their feet and are reluctant to implement reforms, and we
hope that this time around they come to the meetings more serious so that we
can move the country forward," said Chamisa.

Efforts to obtain comment from Zanu-PF spokespersons and negotiators were in
vain. But it has been reliably learnt that Mugabe is already showing signs
of giving in on a number of issues, suggesting that today's meeting could
make a breakthrough.

Mugabe and Tsvangirai met last week in what insiders say was a fruitful
meeting, where the two political heavyweights agreed on a number of reforms
pertaining to the media.

"Mugabe and Tsvangirai agreed on the media reforms when they met last week,
and all what's left is for the president to announce the various media
commissions which will pave the way for the coming in of new players in the
media," said a top government official.

Among the outstanding issues the MDC wants implemented are the appointment
of provincial governors; the appointment of the attorney-general and the
Reserve Bank of Zimbabwe governor; the swearing in of deputy minister of
agriculture-designate Roy Bennett; and other complaints, such as the slow
progress in the constitution-making process and the continued harassment of
MDC supporters and officials.

Mugabe, on the other hand, wants the MDC to help remove targeted sanctions
and to stop foreign radio stations like the Voice of America broadcasting in
Zimbabwe. - Independent Foreign Service


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Poachers kill 65 elephants, 30 rhinos in Zimbabwe: official


(AFP) - 3 hours ago

HARARE - An international crime syndicate is behind an escalation in
poaching in Zimbabwe which has slaughtered 65 elephants and 30 rhinos this
year, a wildlife official said Monday.

"From January to October this year we have lost 65 elephants through
poaching," Vitalis Chadenga, operations director of the Zimbabwe National
Parks and Wildlife Authority told journalists.

"In the same period we have lost 24 black and six white rhinos. It is true
that we have witnessed an escalation of poaching nationwide, particularly on
private farms."

The black rhino is listed as critically endangered by the International
Union for Conservation of Nature and the white rhino is categorised as "near
threatened."

"We do have a group of international gangsters, who are funding poachers
around this part of the world and taking away many horns and it is a major
problem," Chadenga said.

He could not provide numbers from last year, but said poaching was on the
rise.

"We have arrested 2,500 poachers in the same period, ten poachers have been
shot dead since the beginning of this year," Chadenga said.

Zimbabwe has a population of nearly 100,000 elephants, which Chadenga said
has been growing over recent years, and is banned from international ivory
trade.

The southern African nation has 26 tonnes of ivory in its stocks and four
tonnes of rhino horns.

Last year, Zimbabwe auctioned four tonnes of ivory to buyers from Japan and
China getting 487,162 dollars (380,268 euros). During the same period,
Namibia, Botswana and South Africa sold a total of 102 tonnes of tusks.

The four countries are home to 312,000 elephants, and their government
stocks of tusks came from natural deaths or the culling of herds to keep the
population under control.


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Go, Gono go, but don’t go alone

http://www.thezimbabwetimes.com/?p=25099
 

November 16, 2009

By Takarinda Gomo

HOW refreshing it is to hear that the Sadc ministerial review team that recently visited Zimbabwe to review implementation of the Global Political Agreement (GPA) recommended that the Reserve Bank Governor should be relieved of his post.

Here is an excerpt of what the troika ministers recommended, among other things: “The Governor of the Reserve Bank should be assigned to another position as a way of conversion.”

Before you say chickens have come home to roost, listen to what Ephraim Masawi deputy to Nathan Shamuyarira in the Zanu-PF politburo told the Standard, in his capacity as party spokesman: “Gono is just a Governor to the RBZ (Reserve Bank of Zimbabwe). Whether he goes or stays, it does not affect Zanu-PF.”

In Shona language, the reflex reaction among many people would be, “Ho Nhai?” (Really?) So Zanu-PF is preparing to spit Gono out at long last?

Lest people forget, Gono became the centre of attraction in Zimbabwe in 2008 because everybody in Zimbabwe was affected, albeit in very tormenting ways. That is why ordinary people, except those who benefited from the loot, are baying for Gono’s blood.

In dispensing largesse to the Zanu-PF leadership, and to senior officers in the army, police, intelligence and prison services, Gono was paying insurance premium for future protection when the chips are down. That is why many people believe the change of tone displayed by Masawi is either mere bluff to divert attention, or perhaps it can be true that the chickens have indeed finally come home to roost.

Is it possible for Zanu-PF to dump Gono who keeps records of who was given what? Can all those recipients of tractors, combined harvesters, scotch carts, harrows and ploughs come forward and tell the nation that they received loans from the central bank to purchase that equipment, and that they are actually servicing the loans?

Can somebody ask Oppah Muchinguri and Olivia Muchena, who were last year  reported as having gone on a tour of RBZ vaults and come out driving new sleek KB Isuzu vehicles, now registered in their names, explain what really happened?

When push comes to shove, it is possible to just blow Gono out of the Reserve Bank, like someone blowing their nose. The problem is that time is ticking away and December 6, 2009, the deadline agreed in Maputo is just around the corner. The Umtshini Wami warrior, Jacob Zuma is coming to Harare to ensure that all GPA outstanding issues have been implemented. That is a tall order and some people just have to be sacrificed. Gono is dispensable, without causing much political turbulence among and between delegates who will attend the forthcoming “Congress of the People”, penciled in for December 8, 2009, just two days after Zuma’s visit!

The bone of contention is, should Gono go alone like a lamb led to the slaughter, or should he be allowed to name names of all those who benefited from his illicit largesse?

If this inclusive government in general and the two MDC formations in particular, want to be taken seriously, they should not just ask Gono to leave the central bank. He should also be held accountable for what he did during his tenure at RBZ. That is the essence of justice.

A Commission of Inquiry should be immediately be set up with sweeping terms of reference that allows it to hold public hearings. Among other things the Commission should:

  • Cause a forensic audit to be speedily done to establish how every cent was earned, dispensed to whom and why?
  • How were those motor vehicles acquired? Who authorized their acquisition, from where and at what price?
  • How many were bought from what authorized allocation, according to the financial systems of the bank?
  • What happened to all the assets under Project Sunrise?
  • Names of all the persons who received anything from RBZ including Bacossi handouts right up to combined harvesters, tractors, irrigation equipment and motor vehicles.
  • Those named must also stand before the Commission and testify how they acquired those assets.
  • If anything irregular is found, those assets should be confiscated by the State.
  • If anybody committed any criminal offence, the law must take its course; and
  • Whistle blowers need the protection of the State.

It is a fact that Gono did not loot as a lone ranger. He should be given an opportunity, during the open hearing, to expose those who have taken possession of State assets illegally, and if they are convicted, then Justice will not only have been done; but will also be seen to have been done.

Punishing evil doers has this cathartic effect that confirms the universal belief in the ultimate triumph of good over evil.


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JAG open letter forum - No. 679- Dated 15 November 2009



Email: jag@mango.zw; justiceforagriculture@zol.co.zw

Please send any material for publication in the Open Letter Forum to
jag@mango JAG OPEN LETTER FORUM - No..zw with "For Open Letter
Forum" in the subject line.

-------------------------------------------------------------------------------

1.  Will I be back? - Cathy Buckle

2.  What will Santa bring Zimbabwe? - Ed Cross

3.  Old Mutual issue - Kevin Grant

4.  LIFE IN MUGABE'S ZIMBABWE - Robb WJ Ellis

5.  Old Mutual issue - Dave Wood

6.  Time for Action and Prayer.- Namatai

-------------------------------------------------------------------------------

1.  Will I be back? - Cathy Buckle

Dear Jag

If you think things are back to normal in Zimbabwe, just walk into a
bank. It's something I haven't done for many months and flipping
through my last cheque book reminded me of the mayhem of our banks less
than a year ago. My cheque stubs look like something from a crazy
kindergarten. There's a payment for a telephone bill of four hundred
million dollars, another to a dentist for forty one billion dollars.
There's a deposit of four trillion, six hundred billion dollars and
another page showing a balance on hand of fourteen trillion dollars. One
page is slashed through in red ink with the words: "NB: Aug 08: 10 zeroes
removed by Gono." And then, in October 2008, also in red ink on a cheque
stub are the words: "Can't get in bank, queues of thousands."

It seems like a lifetime ago but in fact it's just a year ago that
this was happening and now of course Zimbabwe doesn't even have its own
currency - thanks to Zanu PF and Reserve Bank Governor Mr Gono.

Zimbabwe's much talked about sovereignty is long gone when it comes to
the economy and now we buy and sell in US dollars and South African Rand.
Having been taught since childhood to save, save save, I decided it was
time to get back into the banking habit.

I was the only customer in the newly refurbished international bank in my
home town last week. Yes I still have an account, they told me after
tapping in my numbers, but it's no longer valid. The balance left there
in January 2009 of trillions, or was it quadrillions, is gone -
apparently eaten up by devaluation and ledger fees, not converted to
'real' US dollar money. A new account number has been allocated to me,
the bank said but it's dormant and requires a deposit of 20 US dollars to
bring it to life. No, the bank say, the money left in my account doesn't
qualify to activate the new account, you must deposit REAL money they
insist. Once this has been done I enquire about a cheque book - oh no, we
haven't got any yet I'm told. And an ATM card - oh please, what planet am
I on to be asking such an insane question!

A week later with the account open and activated I take a deep breath and
embark on the first withdrawal. I am the only customer in the bank and my
shoes click loudly as I cross the polished floor. The lady at the
enquiries desk is applying her makeup and doesn't stop as I stand in
front of her. She won't tell me if my expected transfer has arrived. She
says I have to fill in a slip before she can tap the number into the
computer. She doesn't have any slips, I've got to get them from a man
sitting at a desk back at the entry door. I walk back across the banking
hall, the man is busy chatting and laughing to someone on the phone. He
ignores me until he is finished. I fill in the slip back at the enquiries
desk while the lady carries on with her face decorating, mirror in hand,
lips pouted.

Finally with a completed cash withdrawal slip in hand I approach the only
teller on duty. I am still the only customer but have to wait because the
teller is busy - chatting to a friend. At last I'm noticed, the friend
steps aside and I am served. My greeting to the teller is ignored. My
slip is checked, ticked and stamped and then all the information is
copied, written by hand into a ledger. This fools me completely because
the electricity is on and the computer screen at the teller's side
is working. The teller takes my ID, withdrawal slip and ledger book and
disappears. When he reappears he says: 'What about my commission?' What
commission I ask, saying I wasn't informed there would be a commission
and saying that I know the depositor paid bank transfer fees and
commissions at the other end. "No," he says, you have to pay a
commission." I am then told to deduct the amount and change and counter
sign all the amounts written in words and numbers on the now stamped and
signed withdrawal slips to allow the bank its commission.

Finally after 17 minutes and now with one other customer in the bank, the
money looks like it may be forthcoming. The teller shouts out through the
bullet proof glass to someone in the back to bring him bank notes. They
only have small denominations it turns out and finally these appear in a
locked steel box. Checked and rechecked below the counter, the teller
finally pushes a pile of notes across to me. No, I say, I wish you to
count the notes to me. "What?" he says. I repeat my request and he rolls
his eyes and with an audible sigh, the bank notes are counted to me. 26
minutes later and again the only person in this very well known
international bank, I leave.

Will I be back soon - I don't think so. This is the face of Zimbabwe for
investors and tourists, what a shocking disgrace both for a country and
an international bank.

Until next week, thanks for still reading, love Cathy

-------------------------------------------------------------------------------

2.  What will Santa bring Zimbabwe? - Ed Cross

The sense of insecurity and uncertainty has never been more foreboding.
Talk of the Reserve Bank printing a new currency behind closed doors and
in great secrecy and the President saying last week that the local
currency would be back by the end of the year. The sudden withdrawal of
the MDC from the transitional government and the subsequent negotiations,
have all thrown the Zimbabwean population into the slough of despond.

Whatever the truth, the community fears a return to the situation that
prevailed in 2008. Businessmen fear that they will wake up one morning
and find their hard currency accounts converted to a new local currency
that is basically worthless at a rate set by the Reserve Bank. They fear
the imposition of restrictions on prices and a return to the harsh regime
of the recent past.

The slow recovery in the banking system has evaporated, a run on the
banks has put severe strain on cash flows and this is not helped by
information that the Reserve Bank has been misappropriating the reserves
of the commercial Banks. People are suddenly reverting to a strictly cash
system.

The revelation that the Ministry of Youth and Empowerment has
clandestinely drafted new regulations that would expropriate, without
compensation, 51 per cent of the shareholding of all foreign firms with a
capital value of more than $500 000 has simply halted all FDI activity.
Firms that are already invested in Zimbabwe have frozen their operations
here and those thinking about new investments have stopped all
preparations and plans.

Without FDI there will be no significant recovery in the economy and no
growth in the mining and tourism sectors - the only sectors that
are likely to lead the recovery in the economy. Billions of dollars of
new investment in both these sectors are now frozen and will not be
invested unless the government moves to remove this uncertainty and to
clarify what our intentions really are. The damage is so severe that it
will take more than a few statements to remedy the problems.

The El Nino factor has suddenly intensified with the news that
temperatures in the Pacific have risen by 1,5 C. and this suggests that
we must anticipate a below average wet season. The early signs are not
encouraging and after a series of good seasons including a near perfect
season last year, we must expect a rough season. Even without the
problems of a dry season, this year is going to be another disaster.
Commercial farm production will be down even on last year. We are
distributing small quantities of seed and fertilizer to 600 000 families
in rural areas but this is scratching the surface of their needs.

Worse, I sense that the international community is weary of the ongoing
Zimbabwe crisis that seems to have no end. A needs survey is underway and
I am sure the outcome is going to shock the authorities - people
have no food stocks and the hunger season is about to start and resources
have declined and the global situation no longer makes it easy to raise
the funds needed to prevent starvation.

So what can we, as Zimbabweans expect for Christmas? Not much, I am
afraid. Talks to end the crisis in government started on Friday, the
deadline for their resolution looms and what then? Our experience tells
us not to expect too much. But so much is required to alleviate our
difficulties.

So long as we are forced to tread water by the grip that Zanu PF holds
over the reform process, we run the threat of being drowned by the waves
generated by the storm that rages above our heads. It is at times like
these that faith counts.

When Christ began his long walk to the Cross He knew the odds and the
likely outcome. His followers refused to accept the reality of that and
at the end they tried to use force to defend the man when His freedom and
life were threatened. Christ made no moves to defend Himself and went to
the Cross without complaint or struggle.

What followed was in fact more than His disciples could have asked or
imagined. His death was followed by a demonstration of God's
control over life and death and the final stamp of authenticity for
Christ's life and ministry. In weeks the ultimate defeat was turned
into victory and in 300 years the World worshipped the one they had
killed and who had then demonstrated absolute control.

Christ's teaching that "in the world you will have
tribulation" are more than true for the average Zimbabwean, but
somehow the truth of the next sentence "but be of good cheer, I
have overcome the world" suddenly changes everything. The man who
died at the hands of a corrupt Judge and on the whim of a cruel dictator,
actually was in charge and has made it possible for us to do the
impossible, including fighting on when all else seems to fail us.

So we turn to Christ at this season and suddenly find that He turns
lemons into oranges and failure into victory, death into life. All that
He asks is that "we walk by faith and not by sight", He knew
that if we kept our eyes on the storm, we would never see his hand
inviting us into the safety and security of the boat.

The sceptics say this is just mumbo jumbo and pie in the sky, however
those of us in the water, in the storm, know the reality is something
else. It is real and tangible and can be relied upon and all who
"call on the name of the Lord, will be saved" and if you read
the bible carefully it is not talking about pie in the sky.

For those of you who are of the faith, remember Roy Bennett this week.
Roy told me on Friday that he feared that no matter what the evidence
was, the authorities were determined to find him guilty and to sentence
him. The charges are serious but without foundation - the Judge is
clearly under instruction and from confidential documents we have seen,
the old regime is determined to press this case to a conclusion even if
they have to fabricate the evidence.

It is a statement of great faith and courage as well as commitment to his
country and our people that he remains here and goes to Court knowing
that the authorities are trying to find him guilty. This is tough on Roy
but also think of Heather, his wife, for whom the whole ordeal is so much
worse.

Eddie Cross

Bulawayo, 14th November 2009

-------------------------------------------------------------------------------

3.  Old Mutual issue - Kevin Grant

Dear Jag,

I am rather surprised not to see more comments on the Old Mutual issue,
because so many people must have lost their investments since the demise
of the Zim economy??However it is pleasing to note that Mr P. Mangwende
is keeping the issue alive and more recently, COSATU IN RSA, seems to
want to take on the OM about their shareholding in the Herald propaganda
machine!

Roger Freshman also raises another smelly issue, the Farm Workers Pension
Scheme?? What remains of that today? But my main contention remains, and
that is to get the OM to be answerable to where all our investments in
pension schemes over the past 20yrs have gone. They cannot be worthless!!

The OM led us to believe that their employees are financial experts, so
they must have hedged the wealth of OM, WHICH IS WHY OM IS STILL WEALTHY
IN ZIM-with shares worth something after all this time???Why then if they
hedged their own company wealth, did they not do the same with our
pension premiums?

As we paid in money, it was good, strong currency, but weakened over time
as the govt. became rotten. The clever fellows at Head Office must have
placed profits in floating assets that would hold value, in order to
retain the company value. But they didn't do the same for the policy
holders???

Between the Zim govt and Old MUTUAL THERE MUST BE A FAIR SOLUTION TO THIS
ISSUE. Pension schemes must surely be honoured at a reasonable value,
especially since the Old Mutual is still up and running and financially
strong.

A strong case now  perhaps, for us to be allowed to move our shares
offshore, since many of us have left Zim and reaching pensionable age??

The Old MUTUAL ARE IN DEFAULT AND HAVE AN OBLIGATION TO FULFIL.

Probably a pie in the sky, but on principle, why should the OM be allowed
to continue with impunity.

The OM IS FULL OF MONEY IN THE REGION AND INTERNATIONALLY, money made
from folks like us who trusted them. I would be surprised if they were
actually hurt by the Zim developments at all.

Old Mutual should, just like Nestle, should be exposed and be made
accountable for their irregularities.

Kevin Grant.

-------------------------------------------------------------------------------

4.  LIFE IN MUGABE'S ZIMBABWE - Robb WJ Ellis

In the free world, we manage to live quite easily from one day to the
next. We also have a little bit of money that allows us to enjoy life a
little more, whilst we live in houses that have all the amenities that we
would expect.

We have electricity and water.

We can walk into a shop and chose what we want to purchase, pay for it
and take it away with us.

If we are ill or sick, we can visit a general practitioner and get help
and medication to treat the problem. If we need surgery or specialist
treatment, we can get that relatively easily - and I should know as I
have been the recipient of specialist treatment and caring in the last
nine years since my accident.

Children are educated here, and if our motor cars need fuel, we go to the
petrol garage.

Even though the country is coming out of a worldwide recession, jobs are
pretty easy to get - although quite a bit harder to secure for the
handicapped and disabled.

Law and order seems to function well, and daily we read and hear of the
criminal element in society being punished for their crimes.

In other words, much of our lives here in the United Kingdom is normal,
affordable and quite comfortable.

Remember that Robert Mugabe rejects anything remotely English or colonial
- but bleats loudly because he and his wife (and many of his senior
followers) cannot visit here because of the targeted travel sanctions in
place against them.

My family left Zimbabwe eleven years ago - before the rapid deterioration
in the country began in earnest - and so my experience of a country on
its knees is limited to the experiences shared by writers and film makers
on the internet.

And you can't argue with basic video evidence that shows the
degradation of what used to be a beautiful country.

Don't get me wrong - much of the natural beauty is still apparent,
but it is the infrastructure that was built up to lend to the aesthetic
quality that now works against that beauty to offer it as a grim reminder
of what once was.

The roads in Zimbabwe are littered with potholes - potholes big enough to
rip an exhaust system off, tear a wheel off, or cause other damage that
few can afford.

The normal services such as garbage collection have virtually been
forgotten, with waste being piled high in the streets, the neighbourhood
dogs allowed free rein, fighting with the street people who dig anxiously
for something to eat, to wear, to sell.

Electricity - produced at Kariba Dam - is severely rationed, with some
coming from the Cabora Bassa in Mozambique. But it still isn't
enough with the country spending much of the day in darkness and without
power - without warning or excuse.

Water is a problem, insofar as there is never enough of it, and what does
get through is not treated and could carry all manner of water borne
illnesses.

Shop shelves are full once again, but unless you have the South African
rand, the British pound, or the American greenback, commodities are out
of reach - and if you have the currency, you are probably paying over the
odds anyway.

The problems in Zimbabwe continue to mount up, and, by way of comparison,
here in the United Kingdom, we may spend our days in the comfort of our
homes, warm, clean, fed and watered, whilst many, many people in Zimbabwe
spend their days wondering how they can get through today - just so that
they can do it all over again tomorrow

That's not a life!

Robb WJ Ellis

-------------------------------------------------------------------------------

5.  Old Mutual issue - Dave Wood

Dear JAG

In response to Roger Freshmans letter.

Roger, Roger, Roger, Roger!! Have you all finally woken up to the Old
Mutual saga this very minute? No one at the time, complained when they
were moving all our funds - amounting to hundreds of millions of Dollars,
to off shore accounts. Yes, it was all conducted with Gono's approval,
through the money market in Harare. We refer to it as "money laundering"
in the West. OM were working with the RBZ. We bought local shares and
redeemed them a few days later and were paid out in the UK. Everyone did
it!!! How do you think we managed to import our agric inputs during our
final farming days? What? Walk into Barclays and ask them for US$250
000-00 to pay my fert bill. No! We went to Mr. X, who did it all for us.

Anyway, OM are the tip of the iceberg! If you really want to talk
"skulduggery", then take a very close look at Anglo and Impala Platinum.
Our Organisation has had a direct inroad into both those organisations
for a very long time - not via office clerks, but through senior
management. All I am prepared to say for now, is that if one applies
pressure to these 2 then Mugabe and his lot are out pretty smartly! Don't
worry about Bob bringing in the Chinese to take over - it is easier said
than done. Yes, that is how bad it is. Between the two of them they
are entirely responsible for propping up Mugabe and his regime. By
pressure, I am not referring to the JAG forum, I am referring to
international pressure. So let's see what the JAG readers can come up
with. Then we can continue with Barclays, Billy Rautenbach etc. etc. to
name a few others.

To those of you who harp on about the plight of the farm workers- come
on, get real! We employed close on 250 people. The majority of them
during the early days were pro us all being kicked off our farms. You
must all remember, none of them had travelled to Zambia, Mozambique,
Angola, Tanzania, Uganda, Sudan, Somalia.... (In fact every square inch
of Africa) to see what it was like living under a black government and
having a black boss. So they had no idea it all would not work. But!
Today they know that the Western European will not let them starve. They
couldn't care less if they made a mistake - so what! So out comes the
begging bowl. They honestly couldn't give two hoots if commercial
agriculture does not exist. This is the reality of Africa folks! This is
how it works, this is how the senior men in African Governments want it
to be. It then becomes easier to loot, pillage and plunder. And do not
think for one minute South Africa is excluded. Out of 3200 farms bought
or expropriated by the SA Government 2800 have become non producers. Look
at what is happening with the CEO's of Escom and Armscor, look at the ex
chief of police - Selebi. The list is endless .. but the breakdown is
happening faster than you and I can blink. Don't get me wrong - I am not
a racist - I am a realist, I ask questions, before giving answers. If you
remember what Mobuto stole in the DRC and what Dos Santos is steeling in
Angola, and Chiluba, Banda, Museveni etc etc. then you must all realise
that Mugabe is no different.

As for Ben Freeths trip to the USA - Ben you are wasting your time and
effort. The West is not at all interested in our problems - we have
nothing to offer, we have no oil!! But, at the same time we are a
reliable dumping ground for their surplus food products - so why change
it all? If Tsvangarai can't even restore law and order on the farms how
do you expect Hilary to do it - she has enough problems on her hands with
that "old rogue dagga boy" Bill !

John, if JAG can get 100 farmers back on their farms I will personally
see to it that you are resettled on a nice farm in the heart of "Harley
Street" in London, care of the Queen! Do yourselves all a favour and buy
the book - " A Capitalistic Nigger". It is written by a black Kenyan
chap. It is well worth the read - he has hit the nail on the head in
every sentence, every paragraph and every chapter, in his book. How wrong
we all were when we thought the rot would stop at the Zambezi all those
years ago - it will only stop at Cape Aghulus, when they have destroyed
every inch of Africa - sad, very, very sad!

To the folk at JAG - I can only say "That it takes men on white horses
and not cockroaches on sticks" to try and achieve the unachievable! You
are the folk on the white horses, but unfortunately it is virtually
impossible to eradicate the cockroaches on the sticks- the rot
has unfortunately set in, and is here to stay. Reality, Reality, Reality,
Reality!!!!

May the Zambezi Valley remain the memory it once was - "Gods Valley".

Dave

-------------------------------------------------------------------------------

6.  Time for Action and Prayer.- Namatai

As a Black Zimbabwean citizen, I am deeply grieved by the stories of
continued farm occupation.  For the 10 years that these occupations have
been going on, there is nothing to show for it in economic terms except
disaster.  Yet with these compelling facts, the inclusive government
whose main priority is supposed to be Economic Development is doing
things that compromise this development.

The Socialist Agricultural system that we have adopted is seemingly not
working.  People are given "offer letters" and the land is supposed to
belong to the state for at least 99 years.  Whereas Ian Smith said "not
in a thousand years", it seems our government is saying "not in 99 years"
will we have private property rights again.  It's a cursed system I
believe.  As a Christian, I believe the system of property rights is
biblical.  The book of Joel speaks of God entering into judgement against
a nation that "divides the land of Israel."  What does it mean to divide
the land of Israel?  Israel represents land (property) and that property
has ownership just like God gave the various tribes of Israel ownership
of land.  When you disregard property rights, I believe you qualify into
that state of dividing God's land and eventually provoking his wrath.
The government must immediately honour property rights and abide by the
law if   we are to redeem our economy.

So, one may want to know, where do we go from here.  The people
in control are seemingly not wanting to reform to these biblical values.
But SADC has come out with a communiqué dated 5 November that calls
the parties to honour the GPA in its entirety and the SADC communiqué of
27 Jan.  The one of 27 Jan called for discussions on the offices of the
Attorney General and the Reserve Bank governor.  This was an effective
win for the forces of reform in government.  It's up to SADC
particularly South Africa to ensure the timeline is respected.  The
ruling of the SADC Tribunal must also be respected I believe.  Most
importantly "PRAY AND SEEK GOD'S FACE."  He will definitely hear us.
Winds of change are upon us and Victory in Jesus' name is close.

Regards

Namatai

-------------------------------------------------------------------------------

All letters published on the open Letter Forum are the views and opinions
of the submitters, and do not represent the official viewpoint of Justice
for Agriculture.


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Justice, Honesty & Integrity - The Three Missing Elements In Roy Bennett's Trial



If anyone were to use one word to describe the judicial system in Zimbabwe,
we might hope for words like 'fair' and 'just' - perhaps even a word like
'equal' may make the listing - but alas, such a list would be a lie.

I worked within the judicial system in Zimbabwe in the early to mid-1980s
and watched the legal wheels turn, and perhaps then my only criticism would
be that they turned ponderously slow.

But fast forward to the same system in the courts in Zimbabwe today and we
witness an entirely different story.

One of the cases which has sprung to prominence is the banditry, terrorism
and weapons charges which have been preferred against Roy Bennett, the white
commercial farmer who has become a regular target for the Mugabe
'treatment'.

Roy "Pachedu" Bennett has already spent time in Mugabe's disgusting jails,
having been imprisoned by Parliament for pushing Patrick Chinamasa to the
ground reacting to being the subject of a Chinamasa haranguing in which
Bennett's forefathers were labelled as 'thieves' and 'murderers'. But that
was only the last straw in the wholesale abuse of Roy Bennett, his family,
his farm and his farm workers. Prior to that, Mugabe sent the army in to
steal his farm. The army killed one his workers, brutalised and raped others
and the stress of this whole sorry saga caused his pregnant wife to lose
their child.

Mugabe makes no secret of his dislike of the whites in general and Bennett
in particular.

The evidence that Mugabe's prosecuting council - none other than his
unilaterally appointed Attorney-General - will use is fabricated, elicited
under duress and torture, manufactured and presented displaying the utmost
prejudice.

The State's key witness, one Michael Hitschmann, a former firearms dealer
from the Eastern Highlands town of Mutare, is alleged to have implicated
Bennett in his 'confession' obtained under torture. Hitschmann supposedly
heard and discussed with Bennett an intended conspiracy to assassinate
Mugabe.

Hitschmann spent 2 ½ years in Mugabe's prisons for his 'crimes'.

Mugabe's state council have worked tirelessly to present the Bennett case in
the worst possible light, and even went so far as to issue the indictment at
the courthouse and have his bail revoked. Bennett spent a few days
languishing once again in Mugabe prisons - possibly amongst the worst in the
world.

Mugabe has refused to swear Bennett into cabinet, stating that he is facing
serious charges - which carry the death penalty if a conviction is secured -
and prefers to wait for the court to 'exhaust their authority' before he can
consider any move.

Mugabe talked himself in full circle by bringing up the subject of pardons,
stating that any pardon can only be applied once the court has completed
their remit. How is it then that Mugabe was able to issue a blanket pardon
for all persons involved in the Gukurahundi in the early to mid-1980s in
Matabeleland and the Midlands?

Was he not obliged to wait due court process before issuing such an order?

Bennett has lost his Chimanimani farm, his wife lost a baby, and then he
sought refuge in South Africa - a safe haven - until it was deemed 'safe' to
return by none other than the South African government.

His very livelihood was plucked from his hand, illegally and with undue and
specific force. He and his family have had to realign themselves to being
displaced persons, dispossessed commercial farmers, and yet Mugabe is not
happy with that.

He wants Bennett to suffer. And so Bennett does. Under Mugabe's evil eye and
deathlike grip on Zimbabwe and the law courts, he has little option but to
rely heavily upon his legal representative to ensure that justice is
preserved.

Bennett is innocent. If there is anyone out there who believes in justice
and fair play and can put a stop to this farcical charade, justice will be
well and truly served.

The Attorney-General does not just do Zimbabwe an injustice by being where
he is - but the whole of Africa.

The man is ignorant of court procedure, and although the defence council,
Beatrice Mtetwa, is making mincemeat of him, the judge, who has already
sidestepped a defence request to recuse himself, will obviously do what he
is told rather than the right thing.

The Attorney-General has no respect for courts or legal system - what little
remains of it.

And since when does the Zimbabwean Attorney-General prosecute a case in
court? That has to be a first!

But it is Mugabe who should facing treason charges because he is the one
with the blood of thousands of innocent Zimbabweans on his hands.

There is a long list of people who have faced the very same charges that
Bennett currently faces. In every single case, the charges have been
dismissed. Mugabe has corrupted the judiciary to such an extent that he now
uses 'the law' and his judiciary as tools of oppression, as a method to tie
his victims up financially and to divert their attention.

What is different in Bennett's case is the extent to which the
Attorney-General's office have gone to create 'evidence'.

Mugabe desperately wants Bennett convicted.

Not the Mugabe justice that would see people die at the hands of his
minions, but the justice that every sane person in the world seeks. Justice
is the right to a fair hearing, reasonable punishment if found guilty - and
entire vindication if cleared in a court of law.

Justice should be blind - blind to colour creed and religion - but in
Zimbabwe it is prolonged, pro-Mugabe and pro-ZANU PF.

In Zimbabwe, the law has become an ass.
Robb WJ Ellis

The Bearded Man

http://mandebvhu.instablogs.com/entry/justice-honesty-integrity-the-three-missing-elements-in-roy-bennetts-trial/

 


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Bridging the knowledge gap - Part 1

http://www.zimonline.co.za

by Mutumwa Mawere Monday 16 November 2009

OPINION: Africa's future is our business. Its legacy is and should be shaped
by our own experiences, actions and choices. We have the power to change
Africa and yet many of us feel powerless.

We all know that the identity of any society is inextricably linked to the
actions of people who choose to be part of the social contract that
underpins the society's foundation.

This is the first part of 30 conversations whose themes are drawn from
selected comments and questions that have been directed at me by readers and
followers of my own personal business and professional journey.

On November 15 2009, I received the following message from a facebook
contact:

"I know sometimes people will ask from you as I am now, some things can
never be duplicated but if you can pass some of your legacy onto our
generation it would be most welcome. As a young Zimbabwean I fail to escape
the business mentality that has been prevailing. So I would like to learn
from you in any way possible to establish businesses that transcend
generations and that will inevitably set a higher standard in our country."

The question posed is no different from the many questions that I receive
everyday. Unfortunately, being only human there are limits to what I can
personally digest and more importantly respond to.

God has not made it easy on humanity.

Irrespective of one's station in life, there is little one can do to
increase the number of hours in a day.

Accordingly, rich or poor we all have the same access to God's time and,
therefore, it is important to organise ourselves. I have learnt that the
only enduring power that people who have no power is the power to organise.

If for instance, we decide to convert an idea like AHS to a bank or
insurance company, there is nothing that can stop us. However, if we bank
with people we purport to despise then there is no one to blame that the
people who make the wrong choices.

There is no conspiracy out there preventing us to conspire about Africa's
future let alone Zimbabwe's. No political leader will do for citizens what
they cannot do for themselves. After all citizens only get leaders they
deserve.

In the quietness of my time, I also have been reflecting on what is required
to establish institutions that transcend generations and that will have a
legacy impact.

I have come to accept that faith is the most powerful instrument to make
human beings do what ordinarily would be impossible to imagine. Each of us
is ordinary but together we can produce extraordinary outcomes.

If, for example, Jesus Christ were to come back to earth, he will no doubt
be pleasantly surprised that his legacy still lives on.

Equally, Prophet Mohammed's legacy is still intact. The number of
institutions that have been built on the back of faith are staggering.

It was Christ who said that if two or three people meet in my name then he
would be there.

If people choose not to meet in the name of Christ, then it would be
difficult to imagine how Christianity like other religions has managed to
prevail.

When the first Christian church was built, Christ was not there for people
to consult and yet many institutions have been built because of him.

People often want to blame leaders for their lack of progress.

What is even more remarkable is that they expect, for instance, that merely
because I have chosen to share my insights in the public domain that I have
superior answers to issues that confront many of us in life. This is simply
not the case.

Often we want to look for solutions from outside our circle of influence.

Each individual is sovereign and there is nothing one cannot do if they set
their mind to it.

Success is linked to attitude. A right attitude can make altitude elastic
and scalable.

When we are in the valley we are challenged by the steepness of the climb
but what makes the heights scalable is the idea that someone else has walked
the path.

It is never easy to scale the heights but what is satisfying is that the
experience inspires many in the valley to invest in hope.

People who understand and appreciate the true meaning or meaningless of life
are better builders of enduring institutions than people who live for the
present.

Human beings value immortality and yet generation after generation who have
come to learn that what we leave on earth are memories of our experiences.

To the extent that human life is perishable, all one can do in life is to
play one's part.  There is nothing that man has done in life that is meant
for the dead.

For those of us who have chosen business as a vocation, we all know that
shareholders do not own businesses and more importantly that human beings
are incapable of owning anything.

Through the instrumentality of companies, human beings can do more together
without suffering the burden of constantly dealing with the ownership issue.

Even the rich are not guaranteed a better life than the poor. In the final
analysis the poor may very well lead a stress-free life than the few who may
be privileged to have access to resources.

If in the construction of life as we know it human beings are incapable of
owning anything then the challenge is to bridge the knowledge divide on some
of the critical and fundamental principles that allow nations to progress.

One has to start appreciating the very idea of what it means to be African,
what heritage means and finally what obligations are imposed in terms of
nation building.

At the nation state level, we have to interrogate the notion of what it
means to be, for example, Zimbabwean. To be or not to be is a choice. Being
born in Zimbabwe does not entitle one to citizenship. One could be born in
Zimbabwe and yet choose to be a citizen of another country.

If Zimbabwe belongs to all who choose to be Zimbabwean then Africa ought to
belong to only those who choose to be African.

One has to accept that in as much as many black Africans may choose to be
citizens of foreign states, many who may be African need not be black.

I have to come to accept that shareholders like parents have to be selfless
for their children to succeed.

Shareholders do not own companies in as much as it is impossible for
children to be not owned by their parents.

The sole purpose of a company is to serve. If a company produces what
customers are not willing to purchase, it loses its reason to exist.

The real owner of a business, therefore, is the customer and yet many look
to shareholders as the true owners. If a company earns, for instance, US$1
million profit the profit does not belong to the shareholders but to the
company.

Shareholders are only entitled to income that the company does not need to
grow. A dividend is not a claim on a company rather it is a discretionary
allocation of income that is not required by the company.

In many cases a company may be liquid while its shareholders may be
challenged financially.

What is required for sustainability is that shareholders like directors need
to understand their rights and obligations to the company.

A company belongs to its stakeholders and what is required for durability is
that the company must be close to its customers.

One needs to enlarge the circle of influence to include customers,
suppliers, employees and many other stakeholders to succeed.

In many cases the company may benefit from the services of people who may
not hold shares in it and yet many owner operators are reluctant to
relinquish control to others.

It is not unsurprising that people who are outgoing and goal-getters are
more likely to succeed than people who spend their time looking at the
rear-view mirror in search of answers to current challenges from the past.

If we invest in knowledge, it will be easier to appreciate, for example,
that Jesus did not need to be alive for the first Church to be built.

What he left was an idea that was more powerful than his present. Jesus did
not leave cash with his disciples and yet faith pulled them together and
generation after generation has followed the tradition.

Religion transcends national borders and yet the same people who belong to a
global Christian family, for instance, are the very people whose minds never
transcend the race, gender, and ethnic barriers.

What is obvious is that in business we tend to be more selfish to the extent
that we invest in a misplaced notion that we will live forever and in so
doing condemn the institutions associated with us in life to failure after
we die.

We established AHS www.africaheritage.com as a response to our own personal
loneliness in business.

As first generation role players in business, we lack the support system
required for success. People who purport to know us rarely invest in
understanding what we go through to create the perception of success.

People who look up to us mistakenly believe that we are in control and only
need us for their own selfish ends rather than as partners in a pyramid of
opportunity and challenges.

We need to share business experiences and I intend to use the remaining 29
articles to do precisely this.

Through these kinds of exchanges we may discover that there is more that
unites us than divide us. - ZimOnline


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Bill Watch 39 of 15th November 2009 [Bills in House ofAssembly]

BILL WATCH 39/2009

[15th November 2009]

The House of Assembly will sit again on Tuesday 17th November

The Senate has adjourned until Tuesday 1st December

Update on Inclusive Government

Cabinet Meeting Cabinet met on Wednesday for the first time since MDC-T re-engagement.  The Prime Minister and other MDC-T Cabinet members attended.

Council of Ministers – the first post-re-engagement meeting of the Council of Ministers will be next Thursday 19th November, chaired by the Prime Minister. 

Meeting of Principals – the three party principals met on Friday afternoon as a start to the Troika-mandated dialogue. 

Meeting of Negotiators the full negotiating teams of the three GPA political parties will meet on Monday 16th November.  The have not met since the SADC Organ Troika meeting on 5th November, although there was an informal meeting of some members on Wednesday.  All team members are Ministers, and they have apparently been too busy attending to their Ministerial duties and other engagements to get together for the dialogue demanded by the Troika.

Can the Troika Timeframe be kept? – Already 10 of the 30 days allowed by the Troika for resolving disagreements between the two major parties have been lost.  President Zuma had offered to come to Harare about the 21st November for a preliminary assessment and to assist if necessary, but it is doubtful now whether he will come up so soon.  The parties have until 6th December [end of the 30-day period] to deal with all outstanding issues.  At that point President Zuma has to assess progress [or otherwise] and report to the chairperson of the Troika.

Forthcoming Statement by Prime Minister – in the House of Assembly on Wednesday the Prime Minister deflected a question about the feasibility of talking about national healing in the present political environment by saying “a more detailed response to the issues affecting the political environment will be in my statement in the near future”.  This referred to a statement he will make in the House of Assembly in his capacity as Leader of Government Business in Parliament during the week commencing 23rd November.

Ministerial Portfolios: Which Minister is in charge of what?

The SADC Summit communiqué of 27th January requires a review of the “allocation of ministerial portfolios” six months after the formation of the Inclusive Government, and the Troika Summit stipulated that this should be one of the issues the negotiators deal with.  This review is complicated by the current lack of clarity about the responsibilities attached to the existing Ministries.  Since the formation of the inclusive government, the President’s Office has failed to gazette revised lists of Acts of Parliament assigned to Ministries for purposes of administration.   The existing lists were gazetted in 2006; in some cases they refer to Ministries that have ceased to exist, they do not mention several of the current Ministries at all.  This has practical implications, such as the confusion about the responsibilities of the Ministries of Information Communication Technology and Media, Information and Publicity.  It is still unclear which Ministry, Justice and Legal Affairs or Constitutional and Parliamentary Affairs, is responsible for the Electoral Act and by-elections.  [See below for the growing number of Parliamentary vacancies requiring by-elections.]  Another example: when companies were recently “specified” under the Prevention of Corruption Act by the co-Ministers of Home Affairs, their lawyers pointed out that the Act had not been assigned to the Ministry of Home Affairs

Parliamentary Update

Proposed Private Member’s Bill to Amend POSA

There was no progress last week on Mr Gonese’s motion, and it has been carried forward to this week.  So far, no Ministers have contributed to the debate, not even the co-Ministers of Home Affairs, who are responsible for the administration of POSA and could be expected to explain the Inclusive Government’s attitude to Mr Gonese’s proposals.  Assuming that Mr Gonese is permitted to proceed with his Bill, its eventual passage or otherwise by the House cannot be regarded as assured, given the present delicate balance of voting strengths between the parties [Veritas will shortly be issuing a Bill Watch Special giving the current figures in both House of Assembly and Senate]. 

This Coming Week in Parliament

House of Assembly

Bills:  On Tuesday Minister of Finance Tendai Biti will make his Second Reading speech explaining the Public Finance Management Bill.

Debate on the Reserve Bank of Zimbabwe Amendment Bill will continue, but there may be problems ahead for Mr Biti, because, although the Bill was sanctioned by Cabinet, ZANU-PF Chief Whip Joram Gumbo has stated that the ZANU-PF Parliamentary caucus has decided to oppose the Bill in its present form, and has told Mr Biti he will have to agree to changes if he wants the Bill to be supported.  Mr Biti’s two other Bills, the Audit Office and Financial Adjustments Bills, may also come up for Second Reading during the week.  

Motions:  Debate will continue on motions carried forward from last week [see below].  Also on the agenda is a motion by Mr Matutu [MDC-T, Masvingo Urban] calling for an audit of the voters roll to rid it of inaccuracies and irregularities. 

Question Time [Wednesday]:  The written questions from last week have been carried over.

Senate:  The Senate will not be sitting.

Parliamentary Committee Meetings Open to Public:  Portfolio and Thematic Committee Meetings open to stakeholders or the public have been listed separately in Bill Watch Special of 14th November.

Last Week in Parliament

House of Assembly

Bills:  On Tuesday Minister of Finance Tendai Biti delivered his Second Reading speech explaining the Reserve Bank of Zimbabwe Amendment Bill. 

Motions:  Debate commenced on [1] the motion put forward by Kudakwashe Bhasikiti, ZANU-PF MP for Mwenezi East, calling for increased action against corruption, including the adoption of codes of conduct by executive, judiciary and legislature and the adoption by legislators of the Zimbabwe Chapter of African Parliamentarians Network Against Corruption, and [2] a condolence motion on the death of Senator R.C. Hove.  There was no further debate on the motion on the criteria used to declare national heroes; it remains on the Order Paper for continuation this week.

Questions:  A number of questions went unasked because the Ministers concerned were not present to respond to them.  The Prime Minister assured the House that this problem would not recur – it had been discussed in Cabinet and Ministers would in future be present to deal with questions.  In answer to a question about external [“pirate”] radio stations, Deputy Prime Minister Mutambara said that once the Zimbabwe Media Commission is in place and has started issuing licences for additional internal broadcasters, there would be no need for external broadcasters.

Parliamentary Legal Committee [PLC]:  The PLC presented a non-adverse report on the Minister of Finance’s Public Finance Management Bill, clearing the way for its Second Reading.  It is still considering the Audit Office Bill and the Financial Adjustments Bill. 

Senate

The Senate sat briefly on Tuesday and Wednesday afternoons [less than hour on each occasion] before adjourning to Tuesday 1st December.  The only business was continued debate on the President’s Speech at the Opening of Parliament,

Senator Roy Bennett: High Court Trial

Senator Bennett’s trial did not start on Monday 9th November, as it was supposed to.  Preliminary procedural points raised by both State and defence were dismissed by the presiding judge, Justice Bhunu, on Wednesday.  On Thursday the defence applied for Justice Bhunu to recuse himself, arguing that this was necessary because of views expressed by him when dismissing a bail application made in 2006 by Peter Hitschmann, who is listed as the principal State witness in the Bennett case.  The judge is due to give his decision on the recusal application on Monday 16th November.

Blessing Chebundo MP acquitted

On 10th November the regional court in Gweru returned a not guilty verdict in the trial of Blessing Chebundo, MDC-T MP for Kwekwe Central, on a charge of rape.

Constituency Vacancies Awaiting By-elections

New vacancy in the House of Assembly – with the death of John Nyamande, MDC-T MP for Makoni Central, on 7th November in a road accident, the number of House of Assembly vacancies requiring the holding of by-elections has risen to 10.  In the Senate there are 6 constituency seats vacant.  So the country now awaits 16 by-elections.  Under the Electoral Act the new vacancy must be notified to the President as soon as possible, and the President must within the next 14 days gazette a proclamation fixing dates for lodging of nominations and polling for a by-election to fill the vacancy.  No proclamations have ever been gazetted for any of the earlier vacancies.  The latest explanation offered for this breach of the Electoral Act was that the inclusive government had decided that all by-elections should wait for the setting-up of the new Zimbabwe Electoral Commission.  The failure to call by-elections is unconstitutional, being in breach of sections 34 and 38 of the Constitution, which require Parliamentary vacancies to be filled in accordance with the Electoral Act, and of the new section 23A [“political rights”], which gives Zimbabwean citizens the right to free, fair and regular elections for Parliament.

Update on Independent Constitutional Commissions

There is still no news of any appointments being to the Human Rights Commission, the Electoral Commission and the Media Commission, and the President has not initiated consultations with Parliament on appointments to the Anti-Corruption Commission.

Legislation Update

Acts – the Appropriation (Additional)(2008) Act [No. 7 of 2009] was gazetted on 6th November.  All Bills passed by Parliament this year have now been gazetted.  The Acts previously gazetted are:  Constitution Amendment (No. 19) Act; National Security Council Act;  Finance Act; Appropriation (2009) Act; Finance (No. 2) Act; Appropriation (Supplementary)(2009) Act.

Bills in Parliament – Reserve Bank Amendment Bill [HB 7, 2009], Public Finance Management Bill [HB 9, 2009], Audit Office Bill [HB 10, 2009] and Financial Adjustments Bill [HB 8, 2009]  [Electronic versions available on request.]  [See Update on Parliament above.]

Statutory Instruments

SI 179/2009 – suspension of customs duty on civil aviation security equipment, effective 13th November.  

 

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

 

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