The ZIMBABWE Situation
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MDC accuses ZANU PF of rolling out terror campaign

http://www.swradioafrica.com

By Lance Guma
20 November 2009

The MDC has accused ZANU PF of mobilizing its militia to re-open torture
bases countrywide, to intimidate the electorate into accepting the
controversial Kariba Draft constitution. Prime Minister Morgan Tsvangirai's
party says it has unearthed evidence that meetings are being convened to
revive terror squads to harass, intimidate and torture people to endorse the
draft constitutional document, which leaves sweeping presidential powers
largely intact.

A Parliamentary Select Committee is supposed to be leading the constitution
making process to ensure that Zimbabweans have a say in any new
constitution. The co-chairperson of the committee, Douglas Mwonzora, told SW
Radio Africa that their outreach teams would begin their work around the
country on 29th November.

With these public hearings now imminent, ZANU PF is reportedly beginning the
deployment of 'terror squads', to force people to accept the Kariba Draft.
Meetings to discuss these deployments are already taking place. At Chief
Nhema's homestead in Zaka North, Masvingo, ZANU PF official Shenu Jeya
openly told villagers that all militia bases set up last year during the
violent presidential run-off had to be re-opened. Another meeting in Murehwa
at Zihute Hall saw one district chairman, known as Siwela, telling the
gathering that 'if they heard their neighbours screaming at night, they
should remain indoors.' He also warned that ZANU PF youths were monitoring
the movements of everyone in the area.

In the mining town of Bindura, where Tsvangirai began his career as a mine
foreman, 43 war veterans called for a meeting at Killstone Farm. The meeting
was chaired by a retired army colonel known as Siya, who said it was
impossible to convince the electorate to vote for the Kariba Draft and as a
result it was necessary to use violence. The MDC say similar meetings are
being held in all the country's 10 provinces.

The party has also expressed concern at the way victims of last years
election violence are being forced to surrender blankets, tents and other
kitchen utensils donated to them by aid organisations. At the end of October
Nyepanai Chimusakati was forced into surrendering his building materials, to
Roy Chihota Jenami, an aide to Chief Mutasa. Chimusakati, whose home was
burnt down in June 2008, had 6 asbestos sheets, 2 window frames, 1 door
frame and 6 bags of cement forcibly taken from him.

Meanwhile ZANU PF has postponed its December congress, following reports
they were struggling to raise money to sponsor the delegates to go to
Harare. Sources say in the past the money came from the Reserve Bank, under
Gideon Gono's 'quasi-fiscal' activities, but with the dollarisation of the
economy and the MDC running the Finance Ministry, such siphoning-off of
resources is now much more difficult.


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Zimbabwe power cuts worse on low generation, imports

http://af.reuters.com

Fri Nov 20, 2009 10:34am GMT

HARARE (Reuters) - Zimbabwe's state power firm has deepened electricity cuts
due to inadequate imports and after maintenance at a major plant and less
generation at another cut power supply, state media reported on Friday.

Most urban areas have for the past three weeks experienced unplanned power
cuts, at times lasting for 12 hours.

A combination of reduced output at the 750 MW Kariba hydro power station due
to annual maintenance and the shut down of one unit at the 400 MW Hwange
thermal plant has reduced electricity generation by 600 MW.

Zimbabwe produces around 1,100 MW of electricity against a peak demand of
2,000 MW and imports up to 500 MW during peak periods, but power is fast
becoming scarce as suppliers in the southern Africa region face rising
internal demand.

The bulk of Zimbabwe's electricity imports come from Mozambique, but it also
buys from Zambia and Democratic Republic of Congo.

ZESA spokesman, Fullard Gwasira told the state-controlled Herald newspaper
that the company was only managing to buy half of its electricity import
requirements.

"The current load shedding that is being experienced in the country is a
result of the annual maintenance at Kariba Power Station, depressed
generation at Hwange and low imports," said Gwasira.

"Owing to power generation challenges being experienced by our traditional
suppliers, Zimbabwe has only been able to secure half of its import needs
from the region."

Maintenance at Kariba is scheduled to end on Sunday but Gwasira said this
would only slightly ease the power cut.

The electricity cuts are hurting an economy that has just started to recover
from a decade of decline.

Industrial output has increased from 10 percent at the start of the year to
40 percent after a new unity government formed between President Robert
Mugabe and Prime Minister Morgan Tsvangirai in February brought stability.

Energy and Power Development Minister Elias Mudzuri told Reuters last month
that ZESA planned to ramp up output at Hwange to 750 MW by restarting
another generating unit at Hwange while another 90 MW would be produced from
a smaller plant.


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MDC-T launches attack on MDC-M for delaying talks

http://www.swradioafrica.com

By Tichaona Sibanda
20 November 2009

The mainstream MDC on Friday launched a stinging attack on negotiators from
the MDC-M, branding their counterparts as 'mischievious and insincere' for
delaying talks to resolve the outstanding issues in the unity government.
In a statement posted on their party website and widely circulated by email,
the MDC-T said it was extremely concerned at the lack of urgency shown by
ZANU PF and Arthur Mutambara's party, in resolving the outstanding issues as
soon as possible, as instructed by the guarantors.
'The deadline set by the SADC troika for the resolution of outstanding
issues has once again been missed because of the intransigence, mischief and
insincerity exhibited by the political players who are not taking the plight
of the people of Zimbabwe seriously,' the statement said.
SW Radio Africa is reliably informed that dialogue between the parties will
now begin on Monday, though low level consultations will be held over the
weekend. Negotiators from the MDC-T and ZANU PF have been on standby since
Monday, waiting for the return of Ncube and Mushonga.
When negotiators from the MDC-T and ZANU PF met on Monday Welshman Ncube and
Priscillah Misihairabwi-Mushonga, the lead negotiators from the MDC-M, were
absent. Both are reported to be in Europe attending a World Trade
Organization (WTO) ministerial conference.
The SADC Troika summit that convened in Maputo, Mozambique on 5th November
resolved that the political parties' who were signatory to the GPA must
engage in dialogue within 15 days and not any delay this beyond 30 days.
The summit also said dialogue should include all outstanding issues in the
implementation of the GPA and that Jacob Zuma was tasked to evaluate
progress and report back to the chairperson of the Organ on Politics,
Defence and Security Cooperation.
The MDC is extremely concerned about the delays in appointing provincial
governors, ambassadors and other senior government officials and the fact
that Mugabe unilaterally re-appointed the Attorney General and the Reserve
Bank governor.
ZANU-PF meanwhile is only interested in the lifting of targeted sanctions on
the ruling elite and the closure of external radio stations broadcasting
into the country.
The 15 day deadline set by SADC is Saturday and its clear the parties will
not meet that timeline. This has left the MDC-T seething.
'For two weeks, Zimbabweans have waited in vain for the political gridlock
to be unlocked. We note with concern that the body language from both ZANU
PF and the Mutambara-led political outfit does not show sincerity and
faithfulness to resolve the outstanding issues,' the party said.
 'Ncube and Mushonga have chosen to prioritize flying to world capitals at
the expense of resolving critical issues that will deliver real change to
the people of Zimbabwe. We expect that all parties, especially those that
have chosen to ignore the important time-frames, targets and deadlines set
by SADC, should urgently meet and clear the deck of the outstanding issues,'
the MDC said.
Mujonzi Mutandiri, the National Constitutional Assembly coordinator for
South Africa, said the reason why the MDC-M is delaying the talks is the
realization that 'very soon' they would be history, if the GPA is
implemented fully.
'They are buying time, just like their colleagues from ZANU PF. These guys
are unelected, they were rejected by the people so they don't have a
constituency that they serve apart from their own vested interests,'
Mutandiri said.


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Nominations expose deep divisions in ZANU-PF

http://www.fingaz.co.zw

Friday, 20 November 2009 13:03

Brian Mangwende, News Editor

THE intrigues and simmering tensions that played out last weekend over the
nominations to the presidium exposed yet again the political shenanigans
within the various factions in ZANU-PF that are repositioning themselves to
influence the party's succession.

Nine out of the country's 10 provinces unanimously nominated President
Robert Mugabe to remain at the helm of the party, and consequently the
country, signifying the dominance the 85-year-old nationalist enjoys in
ZANU-PF.
While the Midlands Province deferred its nominations to Saturday citing
irregularities, it is a foregone conclusion that it will throw its full
weight behind the President although surprises cannot be ruled out on the
other three positions in the presidium; the two vice-presidents and that of
national chairman.
Barring any surprises at the ZANU-PF congress scheduled for next month, the
party has already cleared the way for President Mugabe to face Morgan
Tsvangirai, the Movement for Democratic Change (MDC-T) leader, in the next
elections for the third time since 2002.
In the 2002 election, the ZANU-PF first secretary narrowly won the race
against the MDC-T leader, but came second in the March 2008 poll. A run-off
that was meant to separate the two after Tsvangirai failed to wrap up the
contest in the first round, gave birth to the current inclusive government,
after it was declared a sham due to the systematic violence that resulted in
the former trade unionist pulling out of the race.
Joice Mujuru also retained her position at the weekend after eight provinces
rallied behind her. She secured nominations from Matabeleland North and
South, Mashonaland West, Central and East, Harare and Manicaland provinces.
While the Midlands Province is unlikely to nominate her because of the
rivalry between Mujuru and ZANU-PF legal affairs secretary, Emmerson
Mnangagwa, an influential figure in the area, Mashonaland East, where her
husband hails from, endorsed her candidature early in the week bringing the
number of provinces supporting her to nine.
Masvingo province broke ranks with the rest of the provinces by selecting
women's league boss, Oppah Muchinguri, to replace Mujuru as
Co-Vice-President.
Secretary for administration, Didymus Mutasa, was proposed by Manicaland and
Mashonaland Central to take over from John Nkomo as ZANU-PF national
chairman. Nkomo must be heaving a sigh of relief after securing nominations
from Bulawayo, Mashonaland Central, Manicaland, Masvingo and Matabeleland
South and North to emerge victorious from an overcrowded race for the second
vice-presidency that had seen the former PF-ZAPU elements failing to agree
on a single nomination.
Monday's decision by Mashonal-and East, West and Harare to support Nkomo's
candidature came as the icing on the cake.
One needs the nomination of not less that six provinces to sail through to
the presidium.
While as many as four people had thrown their hats into the ring for the
chairmanship, further mudding the waters, Zimbabwe's ambassador to South
Africa, Simon Khaya Moyo, shrugged off competition on Monday after securing
the backing of Mashonaland East, West, Central and Harare provinces to add
onto the other nominations he had received over the weekend.
While it has become the norm that the post of national chairman goes to
members from the former PF-ZAPU, this unwritten rule has been a major
talking point in ZANU-PF. Previously, that post has been held by
Vice-President Joseph Msika (now late) and then Nkomo. But in 1999 and 2004,
that post was challenged by non-former PF-ZAPU members who subsequently
lost.
The 1987 Unity Accord signed between President Mugabe and PF-ZAPU leader
Joshua Nkomo (now late) is silent on which party to the agreement should
permanently fill that slot.
There has been heated debate in the politburo, the party's supreme
decision-making body in-between congresses, over the issue soon after Msika's
death in August, but it remains unresolved.
Home Affairs Co-Minister, Kembo Mohadi, and Mines Minister, Obert Mpofu, had
also been selected for nomination to the position while deputy president of
the Senate, Naison Ndlovu, was chosen by Matabeleland North (along with
Nkomo) for Vice-President.
Mohadi exited from the race on Monday to support Moyo.
Ndlovu lost ground after Nkomo secured the support of six provinces over the
weekend. The outcome of the nominations from Harare and Mashonaland East put
Nkomo in an unassailable lead.
In Matabeleland South, Moyo outpolled Mohadi and Mpofu.
Observers say Muchinguri and Mutasa's nomination, which stunned all and
sundry, underline the discord in ZANU-PF over the manner its leadership has
been selecting candidates to fill top positions within the party.
ZANU-PF had clandestinely tried to whip the provinces into line to ensure
there was no opposition to Mujuru and Nkomo as the two Vice-Presidents. The
party had also attempted to block non-PF-ZAPU members from vying for the
chairmanship.
But in total defiance of a ZANU-PF politburo decision to stick to the
doctrine of seniority, Masvingo showed its opposition to Mujuru by
nominating a rank outsider to challenge the country's first woman
Vice-President.
Manicaland also played its card too quickly when it tried to hoist Mutasa
for the chairmanship, disregarding a gentleman's agreement between ZANU-PF
and the former PF-ZAPU.
The principle that it is democratic to compete against any member in
elections was also put to test in both the ZANU-PF youth and women's leagues
conferences earlier in the year where factionalism and violence reared their
ugly heads.
Muchinguri's challenge indicates that whereas there has been guided
democracy in ZANU-PF in the past, the party is now faced with a new
challenge where members are now questioning this wisdom.
Equally, the unveiling of Mutasa further strengthens suspicions that there
is much more than meets the eye. There seems to be a strong force behind his
nomination.
This begs questions such as: What is going to be the character of the
ZANU-PF congress come December? What are the alternative power bases saying
to this?
Analysts this week said last weekend's nominations are likely to be a
precursor to what could finally transpire at the party's congress.
The divisions seen during the run-up to the weekend nominations might
characterise the indaba as respective factions seek to outwit each other in
support of their candidates.
Observers say President Mugabe does not want the provinces to tamper with
Mujuru and Nkomo's nomination at this juncture to minimise friction within
the party ahead of the next elections where his party will face a resurgent
MDC-T.
In the March 2008 synchronised polls, the combined MDC factions, for the
first time since independence, upset ZANU-PF's majority in Parliament
because of the party's disconnection with the grassroots.
Political analyst and academic, Ibbo Mandaza, said the current jockeying for
top positions in ZANU-PF is reminiscent of the 2004 power struggles where
known factions were at each other's throats to reconfigure the presidium.
"It's repeat of 2004 where factions were fighting fiercely," Mandaza said.
"At the moment, the issue of hierarchy will dominate. It would be very
difficult to see how Mujuru and Nkomo would be disturbed.
"The hierarchy factor will dominate and the position of national chairman
will again go to the former PF-ZAPU. All this jockeying is not going to go
anywhere. I don't think ZANU-PF would want to go against its own rules of
engagement."
University of Zimbabwe lecturer, Joseph Kurebwa, said the current tussle for
power reflected the internal democracy within ZANU-PF.
He said: "These battles for power and jockeying for positions merely reflect
the democracy within ZANU-PF, which allows aspirants to be nominated.
"Between now and the December congress, there is going to be a lot of
anxiety within ZANU-PF. ZANU-PF congresses are always lively and
characterised by a lot of jockeying for positions.
"I do not think the so-called faction politics will play out at the congress
in my opinion."


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Mugabe's Spokesman Wields Too Much Power

http://www.radiovop.com

     
      Harare, November 20, 2009 - Presidential spokesman and the permanent
secretary in the Ministry of Media Information and Publicity, George
Charamba wields so much power at the only state broadcaster, the Zimbabwe
Broadcasting Corporation (ZBC), which has seen not only journalists, but
editors as well as board members being afraid of him, a report by the Open
Society Institute Southern Africa (OSISA) says.

      The report said journalists had complained about great interference by
officials from President Robert Mugabe's ZANU-PF party, which had greatly
affected professionalism resulting in the state broadcaster providing biased
news. Most journalists felt that broadcaster was being used as a "personal
empire" by those at the ministry especially, George Charamba.

      "Charamba wields enormous power here, is untouchable, and staff at the
broadcaster, including ZBC board is terrified of him" said one journalist in
the report.

      "One journalist who refused to be named said that Charamba was running
the corporation like his personal fiefdom and this was demoralising staff as
they felt that the core business of the broadcaster was no longer taking
precedence. "All this has made journalists believe that whatever they do
they have to be answerable to the government or individuals in the ministry
rather than the general public."

      The report on how to turn the ZBC into a truly public broadcaster, was
released and officially launched by the Prime Minister Morgan Tsvangirai in
Harare. Tsvangirai's MDC party has said it wants Charamba fired.

      "Politicians often give instructions to managerial staff on their
editorial preferences. It is also alleged that the divisions and
factionalism within the party play out in the newsrooms," said the report.


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Zimbabwe to overhaul voters' roll : Minister

http://www.apanews.net

APA-Harare (Zimbabwe) Zimbabwe's co-Home Affairs Minister Giles Mutsekwa on
Friday said that the coalition government was looking for technical
expertise and financial resources to overhaul the country's voters' roll
which is said to be in shambles.

Mutsekwa said the new regime in Harare was looking for funds to sponsor the
exercise which would include the recruitment of a team of qualified
personnel who would go through the voters' roll to weed out invalid names
due to various reasons such as deaths.

"I have personally told Tobaiwa Mudede, the Registrar General, that the
current voters' roll will not take this nation to the next elections,"
Mutsekwa said in the latest edition of a weekly newsletter published by
Prime Minister Morgan Tsvangirai.

A local pressure group last month reported that Zimbabwe's voters' roll was
in shambles and should be completely overhauled before the next general
election to eliminate cases of multiple entries and weed out ghost voters.

An audit of the existing voters' roll conducted by a pressure group
Sokwanele unearthed several anomalies in the current roll maintained by the
Registrar General's Office.

These include a surprisingly large number of people aged 100 and above. The
audit identified names of 74,021 voters aged above 100 years on the roll
used in last year's harmonised parliamentary and presidential elections.

There were also 82,456 people registered who are aged between 90 and 100
years old.

  JN/nm/APA 2009-11-20


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SA farming union insists Zim land grab victims be protected

http://www.swradioafrica.com

By Alex Bell
20 November 2009

South Africa's main agriculture and farming union has expressed concern
about the bilateral investment treaty agreed with Zimbabwe, which is set to
exclude South African owned farms that were expropriated by the Robert
Mugabe regime during the chaotic land 'reform' programme.

Agri-SA this week said the land grab in Zimbabwe should form part of the
agreement, set to be signed with South Africa in Harare next week. The
organisation has urged the South African government "not to buckle under
pressure" from Zimbabwe to exclude the land 'reform' programme from the
agreement.
South African Trade and Industry Minister Rob Davies, last week told  South
African newspaper Business Day that the bilateral agreement with Zimbabwe
will provide security for any South African investor in any sector,
including agriculture, from now on. He said South Africa wanted to create
certainty for investments in Zimbabwe that would also help with its economic
recovery, without reopening 'old wounds'.
But Davies continued that it would have been impossible to negotiate this
agreement with a 'retrospective clause', with regards to expropriated land,
saying South Africa believed it was necessary to contribute to stabilising
the economy in Zimbabwe, which would also contribute to political stability.
But in a statement released on Thursday, Agri-SA expressed concern that the
content of the agreement had not yet been discussed with the South African
business community. Instead, business people have been invited to
participate in an investment seminar on November 27, in Harare, where the
agreement is to be signed.
"Expectations are still that the agreement should only be finalised once the
South African government has completed its policy review on bilateral
agreements, and that the government should not buckle under pressure from
the Zimbabwean government to exclude its land reform programme results from
such an agreement," Agri-SA said.

The group is set to hold a meeting next week to discuss a collective action
in response to reports that the South African government would sign the
investment protection agreement next week. Agri-SA and Zimbabwe's Commercial
Farmers Union (CFU) have invited all South Africans with farms in Zimbabwe
to attend the meeting, where a forum would be set up to raise collective
concerns with the South African government.
"The forum will also consider other mechanisms at its disposal to ensure
that fairness and justice prevails regarding the confiscation of assets in
Zimbabwe," Agri-SA said.

Several hundred South African citizens own agricultural land in Zimbabwe
and, like the majority of commercial farmers in the country, have been
stripped of their land and farming assets by Mugabe's regime. This includes
South African farmer Louis Fick, who is in the middle of a land wrangle with
Deputy Reserve Bank Governor, Edward Mashiringwani. Fick has received
absolutely no assistance from his own government, while Mashiringwani and
his hired men have forcibly seized the farm with complete impunity. At stake
are Fick's pigs and crocodiles that the farmer is desperately trying to save
from starvation, as Mashiringwani's men have refused to feed or water them,
to force Fick to give up the farm.
Fick meanwhile is one of more than 70 farmers who were awarded legal
protection of their land through the human rights court of the Southern
African Development Community (SADC) last year. The SADC Tribunal ruled that
the farmers had been unlawfully deprived of their property and that the
Zimbabwean government should restore their rights or compensate them. But
the ruling has been completely ignored, and the Tribunal itself snubbed by
the government, which has been charged with contempt. SADC meanwhile,
including former chair South Africa, has made no comment about the snub,
which included Justice Minister Patrick Chinamasa announcing Zimbabwe was
pulling out of the Tribunal.

Agri-SA said such silence, particularly from the South African government,
would amount to 'retrospective approval' of the Mugabe regime's unlawful
actions. The group said the ongoing silence would also "render suspect the
South African government's commitment to endorse legal principles and
rulings of SADC institutions, of which it forms part."


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Zim land deal - farmers threaten Davies

http://www.iol.co.za

     
          November 20 2009 at 03:12PM

      By Peta Thornycroft
      Independent Foreign Service

      More than 200 South African farmers whose land was seized in Zimbabwe
are threatening legal action against the South African government for
apparently excluding them from an investment protection treaty with
Zimbabwe.

      They have written to Trade and Industry Minister Rob Davies
threatening to take him to the High Court if he fails to provide a copy of
the Bilateral Investment Protection Agreement between the two countries, to
be signed on November 27 in Harare.

      Lawyers acting on behalf of the 244 South African farmers, most of
whom have been evicted from their land, wrote to Davies yesterday saying
their clients had to see a copy of the draft agreement by the end of
business today. If not, they would approach the High Court seeking an urgent
interdict to prevent signing of the long-delayed agreement.

      Davies told the media a week ago that the draft agreement had an
exclusion clause - unique among all South Africa's other investment
protection agreements. The clause excluded South African-owned farms seized
in Robert Mugabe's confiscation of thousands of white-owned farms since
2000.

      Davies said it would have been impossible to negotiate this agreement
with a retrospective clause, and South Africa believed it was necessary to
contribute to Zimbabwe's economic and political stability.

      Lawyers for the farmers said in their letter to Davies that their
clients had been involved in "long drawn-out negotiations" with the South
African government over their farms and had been given "certain assurances"
that the trade agreement would "cause the Zimbabwean government to de-list
South African owned farms".

      They had been left with "the expectation that their rights would be
observed" by their government.

      The farmers said they needed to see the draft agreement to ensure
their constitutional rights, as well as their expectations and provisions of
international law, had been considered.

      They also said they had to consider whether the ruling by the Southern
African Development Community tribunal last year, re-confirmed in June, had
been met.

      The tribunal ruled that more than 70 white farmers, including several
South Africans, had suffered racial persecution by Mugabe's government and
should be allowed to remain on their farms in peace. Those who had already
been evicted should receive fair compensation.

      The letter to Davies was sent on behalf of 244 known South African
farmers in Zimbabwe, but there may have been about 500 of them before land
seizures began in 2000. In July there were only about 12 left on small
portions of their original land.

      This article was originally published on page 10 of Cape Argus on
November 20, 2009


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State Invokes Act To Keep MDC Transport Manager In Custody

http://www.radiovop.com

     
      Harare,  November 20, 2009 - The State has invoked the notorious
section 121 of the Criminal Procedure and Evidence Act (CPEA) to deny
Movement for Democratic Change (MDC) transport manager Pascal Gwezere, who
is being accused of stealing 20 AK47 riffles and a shotgun from an army
barracks, his freedom.

      High Court Judge Justice Charles Hungwe had granted Gwezere a US$500
bail. Tawanda Zvekare, representing the state, invoked the section , saying
to appeal against the judgment.
      The State is given seven days to appeal against a judgment by invoking
section 121 of the CPEA and the suspects will have to remain in custody
during the same period.
      Justice Hungwe also revealed that the investigating officer failed to
prove that Gwezere know the other suspects who are still on the run. The
State had also failed to link Gwezere to the stealing of the arms as it
intends to call witnesses who will reveal that they approached Gwezere with
the intention of selling to him the stolen arms.
      It was also revealed during the hearing that the police had arrested
four people in connection with the arms theft and all the arms had been
recovered.
      Some of the people arrested are serving members of the army while
others are "known army deserters".
      A disappointed Alec Muchadehama said the decision by the State to
invoke section 121 was a clear abuse of the law.
      "This just an abuse of the section and you know we are challenging it
at the Supreme Court. This has been used since the year 2000 to harass MDC
activists and to anyone who they do not like. The judge had made a well
reasoned judgement that the right to liberty was a fundamental right," said
Muchadehama.
      He added that it was now in the public domain that there is a
selective application of "not only this section but the law itself". "The
Attorney General's office is now simply part of the State machinery, they
are more like the state security agent and the police," he said.
      In his judgement Justice Hungwe had said the right to liberty was the
most fundamental human right of all and Gwezere was entitled to his
liberty.

      "The State has failed to give a substantive reason to show that the
accused person is most likely going to abscond. In fact the submissions made
by the investing officer (Superintendent Charles Ngwirishi) shows that the
applicant (Gwezere) is unlikely to abscond."

      Applicant has got the right to enjoy his liberty until the trial is
heard by the courts. Therefore this application succeeds," said Hungwe
granting Gwezere bail.

      He also set that Gwezere will continue to reside at the given
residential address and report twice a week, that is, Mondays and Fridays at
the Harare Central Police Station as well as not interfere with witnesses.


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Senior Zimbabwe official admits media laws restrictive

http://www.zimbabwejournalists.com/

 20th Nov 2009 14:42 GMT

By a Correspondent

HARARE - A senior government official says plans are underway to reform
repressive media laws in the country that have seen the closure of many
publications such as the independent Daily News newspaper and its sister
publication, The Daily News On Sunday.

Laws such as the Access to Information and Protection of Privacy Act (AIPPA)
and Public Order and Security Act (POSA) will be amended to ensure they are
in sync with provisions of the African Charter on Human and People's Rights
(ACHPR), Justice Permanent Secretary David Mangota has said.

Mangota, who is leading the government delegation to the 46th Ordinary
Session of the ACHPR underway in Banjul, The Gambia, was responding to a
report presented by the Special Rapporteur on Freedom of Expression and
Access to Information in Africa Commissioner Pansy Tlakula.

"We want to advise the Commission that we have not received the (Commission's)
communication of 30 June 2009 but we are, however, aware of the shortcomings
of this legislation and we are already addressing this," said Mangota.

He was referring to the ACHPR's decision of June 2009 in which it ruled that
section 79 and 80 of AIPPA contravene Article 9 of the African Charter on
Human and People's Rights and should be repealed.

This followed a complaint filed against the government by the Independent
Journalists Association of Zimbabwe (IJAZ), MISA-Zimbabwe and the Zimbabwe
Lawyers for Human Rights (ZLHR) challenging the legality of sections 79 and
80 of AIPPA.

The sections in question deal with compulsory accreditation of journalists,
optional accreditation of part time or freelance journalists, prohibition of
the accreditation of non- citizens and abuse of journalistic privileges in
relation to publication of falsehoods and injurious statements.

Mangota's acknowledgement of the restrictive nature of the laws in question
comes on the backdrop of his earlier response to concerns raised by the
South African Human Rights Commission, Zimbabwe NGO Forum on Human Rights
and Human Rights Institute of Southern Africa (HURISA) over continued human
rights violations in Zimbabwe.

Mangota had said the problematic aspects of these laws had "since been dealt
with" following the outcome of the 2002 ACHPR fact-finding mission to
Zimbabwe.

He urged the Zimbabwe NGO Forum on Human Rights to stop lobbying the ACHPR
but to instead lobby Zimbabwean legislators to remove these laws from the
statute books.

MISA-Zimbabwe had raised concerns over the "stalled media reforms" as
pledged under the Global Political Agreement which gave birth to Zimbabwe's
inclusive government.

In turn, the Media Monitoring Project in Zimbabwe (MMPZ) brought the
Commission's attention to the government's non-compliance with its ruling
that section 79 and 80 of AIPPA be repealed as well as the delay in
constituting the statutory Zimbabwe Media Commission (ZMC).

Stewart Nyakotyo who is part of the government delegation, informed the
Commission that "media issues in Zimbabwe are being addressed by the
inclusive government and that parliament was seized with the matters at
hand.

On the ZMC, Nyakotyo said parliament has "been seized with the process and
recommendations had been forwarded to the President".

For us, it is work in progress and we would like to have this placed on
record that there are no delays as such," he said.

Meanwhile, following the government's  invitation during the 45th Ordinary
Session for the Commission to undertake a promotional mission to Zimbabwe
during its inter-session, Commissioner Musa Ngary Bitaye apologised on
behalf of the Commission for their failure to fulfil the mission due to
other tight schedules.

Commissioner Bitaye asked the government to extend another invitation to the
Commission. The ACHPR mission will comprise, among others, the Special
Rapporteur on Freedom of Expression and Access to Information and Special
Rapporteur on Prisons and Conditions of Detention in Africa.

The government responded by extending yet another invitation for the
Commission to undertake a promotional visit to Zimbabwe which was duly
accepted - the dates of which will be agreed upon.


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SA refugee group slams political leaders over xenophobia

http://www.swradioafrica.com

By Alex Bell
20 November 2009

South African refugee rights group, PASSOP, has slammed local government
officials for their handling of this week's outbreak of xenophobic violence
near Cape Town, which saw more than 3000 foreigners, mainly Zimbabweans,
flee their homes.

22 South African nationals have been arrested after scores of residents from
the De Doorns farming town in the Western Cape went on the rampage, driving
out foreigners in at least two informal settlements in the area. The
foreigners were forced to pack up their belongings and flee after tensions
over jobs and pay in the area boiled over on Tuesday. The groups of South
Africans, armed with sticks and rocks, tore down makeshift houses and forced
the foreigners to flee the settlements, accusing them of "stealing our
 jobs."

Earlier in the day, residents had physically prevented the foreigners from
climbing on to trucks used by local farmers to fetch casual workers for
daily labour. Many of the Zimbabwean workers, who are alleged to accept work
for less pay than South African workers, immediately fled the settlements,
fearing a similar uprising of xenophobic violence that last year resulted in
the deaths of more than 60 people across the country. By Tuesday evening
close to 2000 foreigners, mostly Zimbabwean, were taking shelter in De
Doorns town, where local police had set up a refugee camp at a sports field.
By Friday, more than 3000 foreigners were camped at the sports field, too
afraid to return to the communities that drove them out.
At the same time, many local farmers who helped the displaced workers, this
week received threats for aiding foreigners. The threats came on the same
day that the South Africa Minister of Labour, Membathisi Mdladlana,
threatened to come down 'like a ton of bricks' on farmers who employed
illegal immigrants, saying they fanned xenophobic violence. The threats were
apparently made by local workers, who have previously complained that
farmers are "excluding the local community," because they did not want to
pay them the daily wage the locals demand from the employers. The
Zimbabweans are said to accept about half of this amount, but the farmers
deny this.

PASSOP's Braam Hanekom on Friday lashed out at local authorities, accusing
them of not doing enough to prevent the attacks. He said the tensions in the
local worker communities have been building since last week, tensions he
said police and government officials were "more than aware of." Hanekom
explained that the government has since been more interested in "hiding how
serious this problem is ahead of the World Cup next year than actually
dealing with it."

Hanekom also described the dire situation facing the mainly Zimbabwean
population now taking refuge at the makeshift camp in De Doorns. He
explained how the conditions are becoming more unsanitary by the hour,
because there are not enough toilets or showers for the thousands of
foreigners camped there. He also explained how most people in the camp are
battling with hunger, because the food and clean water promised by aid
groups and the government, has not been arriving.

"There is no will to help these people and the government only seems
concerned in protecting its international reputation," Hanekom said.

PASSOP has also lashed out at the government's plans to reintegrate the
foreigners has soon as possible, a move that Hanekom explained does not take
into account the safety and security of the refugees. He said it was
'alarming' and 'insulting' that the officials are planning reintegration
without consulting the group of foreigners, who Hanekom explained are still
angry and afraid.

"No community which has been forcefully displaced can possibly reintegrate
successfully in such a short time without a proper process for healing,
counselling, and negotiations," Hanekom said.


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Zimbabwe: Internally displaced to receive protection and emergency assistance


A new programme focusing on the provision of emergency life-saving material and protection assistance to internally displaced persons (IDPs) and returnees is set to benefit about 18,000 displaced people (approx 3,000 families) in Zimbabwe's two main provinces, Harare and Mashonaland Central.

Both were hit hard by waves of displacements in 2008 due to political violence and various policy initiatives including farm acquisitions, the latter responsible for continuous new displacement.

Joint rapid assessments conducted by IOM and its partners in January, February, and June 2009 in 157 communities in 20 districts in Harare, Manicaland, and Mashonaland Central, East and West provinces revealed that 14,305 IDP households were in need of immediate assistance that included shelter, food and non-food items, livelihood and legal support and protection of their civic rights especially physical integrity and safety.

The programme, with US$ 410,000 of funding from the UN's Central Emergency Response Fund (CERF), will be jointly implemented by IOM and UNHCR through implementing partners.

A strategy to respond to the protection needs of the displaced has been developed. IOM will focus on measures to respond to threats on physical security and the persecution of displaced populations through the provision of emergency shelter, non-food items, psychosocial support to survivors of violence and the setting up of healing and reconciliation initiatives.

UNHCR will concentrate on rebuilding the destroyed livelihoods of IDPs and returnees, mobile clinics for legal advice and counseling and on establishing networks for community based workers.

"Investing in emergency life saving interventions is key because they provide much needed physical protection to the displaced. Shelter, basic necessities and an opportunity to earn a living are the surest way to protect displaced people. Without these, when they have already lost their homes and livelihoods, they are always vulnerable to all forms of violence and abuse," said Marcelo Pisani, IOM Chief of Mission in Zimbabwe.

Another CERF funded IOM-UNICEF project aimed at addressing malnutrition among children and adults in 11 "hot spot" districts across the country will ensure delivery of immediate lifesaving treatment. According to UNICEF, national acute malnutrition rates are at 7 per cent, poor according to standard WHO emergency thresholds.

IOM will deliver services through its mobile health teams that are already servicing IDP populations whilst UNICEF will provide overall coordination to ensure timely and appropriate treatment reaches children suffering from acute malnutrition in the 11 highly food insecure districts.

For further information, please contact Judith Chinamaringa, IOM Zimbabwe, Tel: +263 4 33 50 48, Email: JChinamaringa@iom.int Copyright © IOM. All rights reserved.


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Gweru Activists summoned to appear in court

http://www.thezimbabwean.co.uk

     
      Written by Bulawayo agenda
      Friday, 20 November 2009 06:26
      32 activists from the civil society in Gweru, including the Gweru
Agenda Field Officer Ntombiyezansi Mabunda have been summoned to appear in
court over a peaceful demonstration they held in December last year.

      The activists were arrested and charged with  contravening the Public
Order and Security Act on December 3 2008 but were later released on bail
and informed that the court would proceed by way of summons. However, the
charges in the summons are different from the original charge of POSA as the
activists are now being summoned to appear in caught for destruction of
property and chanting insults against the person of the president. The
hearing is set to be on November 20 and they are being represented by
Zimbabwe Lawyers for Human Rights.
      Meanwhile, Victoria Falls Agenda Field Officer Mziwandile Ndlovu still
has a pending case against him and is set to appear in Court on November 23.
He was arrested by police in Victoria Falls for failure to notify them that
he had changed the venue for a public meeting. His lawyer has insisted that
section 25 of POSA does not criminalize not notifying the police of a change
of venue.


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Will Zimbabwe’s Medium-Term Recovery Plan work?

http://www.sokwanele.com/thisiszimbabwe/archives/5245
 

The document published as the successor to STERP, the Short Term Emergency Recovery Programme, is the MTP, or Medium Term Plan, the Zero Draft version of which has now been released by the Ministry of Economic Planning and Investment Promotion. The document’s 133 pages carry detailed and well-prepared descriptions of the current state of the economy’s major sectors and go on to describe how much more effectively each sector will perform when policies that will overcome current handicaps have been adopted.

However, descriptions of current problems and assurances of how much better things will work in the future do not constitute a plan.

Various ideas can be assembled to define or describe a plan, such as:

  • A detailed proposal for doing or achieving something
  • The preparations made to handle an expected event, or to deliver an intended result
  • The most sensible course of action.
  • An organized programme of measures taken in order to achieve a goal.
  • An outline of the steps required to reach an objective by making the best use of available resources.

Other concepts might need to be considered, such as scale, or urgency. Every country has to occasionally make momentous decisions – the sort of decisions that affect the entire destiny of the country for years to come. These decisions have to address the biggest and most important issues facing the country’s population, so a definition of strategic planning must encompass the need to take big decisions and the ability to follow through in good time.

In this document, many of the descriptions of the success awaiting Zimbabwe are based on assumptions, such as that the country’s relations with those international bodies that can support development plans will become normalised, and that their offers to Zimbabwe of Balance of Payments support will therefore become a major source of funding. But when the document is examined to find the backing for such assumptions, they cannot be found.

Policies to restore manufacturing output assume that:

  1. Manufacturers will have access to facilities for re-capitalization as well as affordable working capital;
  2. The agricultural sector will be revived and grow for the duration of the plan period;
  3. ZISCO will be rehabilitated and perform efficiently;
  4. The liberalized pricing regime will be maintained for the entire medium term plan period;
  5. Manufacturers will have access to imports without foreign currency restrictions;
  6. Institutional mechanisms will be in place to facilitate foreign direct investment in the sector;
  7. Investment in physical infrastructure, especially for the key enablers will be given priority, given the importance of water and electricity in the manufacturing process; and
  8. The liberalized trade regimes in the regions such as COMESA customs union and SADC Free Trade Areas will be maintained, meaning there will be no tariff protection. Local firms will have to rely on productivity and competitiveness.

Points (iv) (v) and (vii) are within government’s power to stipulate, but the other assumptions could be more accurately described as wish-list items that will remain a long way out of reach until other wishes have been fulfilled. The plans needed to make them come true are missing, despite the frequent references to their importance. Without question, they are recognised, but despite being recognised under headings such as Proposed Strategies and Policy Measures, the references to them do not become strategies or policies and no Plan to ensure their achievement can be traced.

Zimbabwe’s need to become a low-cost globally competitive country, says the MTP, will be achieved through increased productivity, quality products, economies of scale, and appropriate technologies. These, it states, will be realized through:-

  1. Provision of affordable working capital facilities;
  2. Promotion of value addition and export competitiveness;
  3. Maintenance of multicurrency business environment;
  4. Maintenance of a competitive pricing policy;
  5. Increase in investment in both the small and large scale industrial sectors;
  6. Promotion of the acquisition and development of technologies that are appropriate for local conditions;
  7. Increased research and development skills in the sector; and
  8. Capital Market Development.

While these are all valid requirements for success, the government’s recognition of their essential nature does not convert them into components of a Plan.

Some blunt statements invite the reader to assume the existence of facts, but when examined, these claims turn out to be nothing more than questionable opinions. For example, on the Land Reform Programme the MTP states:

The GPA identified the completion and rationalisation of the Land Reform Programme as one of the first steps towards resuscitating the agricultural sector. In this regard, the Government will carry out a comprehensive non-partisan land audit for the purposes of establishing accountability, gender equity and eliminating multiple farm ownerships as well as ensuring restoration of full productivity.

But because the Land Reform Programme did the damage to agricultural output, no possibility exists that completing it will help resuscitate agriculture. In economic terms, the Land Reform process permitted the State to gain ownership of land that had been previously owned by private individuals or companies. Before that happened, these properties could be used as collateral for bank loans and, backed by a robust land market, these loans helped fund Zimbabwe’s largest productive sector.

The completion of a non-partisan land audit and attending to accountability, gender issues and multiple farm ownership will not restore productivity to the land because these steps will neither unlock flows of funds, nor will they provide the needed environment in which farmers can make difficult and expensive medium to long-term plans.

Currently, Zimbabwe’s broader options can be placed into three categories:

The first is that the country remains committed to its efforts to make about a million small-scale farms work, despite their limited access to modern methods. Their relatively low yields in average to good rainfall years would keep Zimbabwe dependent on food imports, and in bad years imports would be needed even for basic consumption. In both cases, imports would be needed to keep most industrial processing plants in operation.

Also, small farms need subsidies. Even the brilliantly equipped and expertly run farms in Europe need subsidies because farms almost throughout Europe are small. Zimbabwe, as a developing country, cannot afford subsidies.

Subsidies that rescue farmers from inadequate performance, if not bankruptcy, also relieve them of the need to improve their operating techniques. Therefore subsidies help perpetuate low yields, and this they do at very high cost.

Zimbabwe is currently on this track and it has carried the country into ever-deepening deprivation and poverty. The longer Zimbabwe stays on it, the more certainly will the rural areas in Zimbabwe become patchworks of derelict farms. More people will migrate to the already over-crowded cities in which uncertain levels of industrial investment will inhibit employment growth. Social pressures will carry Zimbabwe into worsening chaos, increasing conflict and deepening political instability.

The second possibility is that Zimbabwe could try to make its new farmers productive under the discipline of State-run central planning authorities that depend upon the considerable involvement of the military, other uniformed services and prisons. At best, these management methods might lead to gradual improvements in output, but subsidies will remain essential. From the experience of other countries that have tried the same policies, it can be argued that Zimbabwe’s economy will still be floundering in years to come.

The third option is to restore large-scale, expertly run agro-industry farms. For these, Zimbabwe will have to encourage experienced farmers to return to the land. These people would set tough requirements, but international assistance that would certainly be denied under the first two options would undoubtedly become available if this third route were chosen. To succeed, Zimbabwe would have only to re-install the components needed to make commercial farming function as a big, successful industry in a modernising economy.

These components are property rights, title deeds, security of tenure and legal procedures to permit the transferability of land in an open market.

Between them, these essential elements will give the land the collateral value the farmers need to access essential bank funding and they will give the farmers the confidence to make long-term commitments to create a productive and profitable, subsidy-free industry.

The skills and experience that had been accumulated over several generations by Zimbabwe’s commercial farmers were vital national assets and their investments over the years had resulted in intellectual as well as physical capital. However, when government believed it had successfully legalised the confiscation of all their assets, the farmers still walked away with their biggest assets of all – their knowledge and experience.

As it was many of the recent political policy decisions that destroyed investor confidence, the major changes now needed are political, not economic. Property rights were major casualties of political policy choices, so if the country’s fortunes are to be changed for the better, property rights have to be restored.

Zimbabwe could start the recovery process almost immediately by re-engaging farmers who know what to do now. With government’s acceptance of the need to harness the available skills as well as economies of scale, the knowledge, experience and dependable output of large-scale farmers would soon become principal driving forces in Zimbabwe’s economic recovery.

The balance of the needed Medium-Term Plan to establish a workable economic recovery process should, first, concentrate on the policy changes needed to place the Rule of Law onto a sound footing and to repeal all laws and regulations that interfere with the acquisition, ownership and marketability of property, whether these be areas of land, mining claims, company shares or financial instruments.

Secondly, the Medium-Term Plan should identify the sequences of events needed to restore Zimbabwe’s physical and social infrastructure to acceptable levels of efficiency and dependability. Preliminary estimates could be made of the scale of restoration work needed to bring existing roads, railways, airways, power, telecommunications, municipal water supplies, hospitals, schools and colleges back to acceptable operating standards.

With further estimates of the time and funding that would be needed by each of these, formal proposals could be drafted to invite the participation of local and international bodies. If Zimbabwe were considered to be deserving of assistance by virtue of extensive policy changes, its prospects of floating syndicated long-term loan stock issues on international capital markets would improve once the first signs of success had become evident.

For some of the challenges, proposals for the privatisation of certain parastatal organisations could be presented in correctly drafted prospectuses. Others might require work to be put out to international tender to meet the requirements of funding organisations or donor countries, while for certain projects the main concern might be the contracting of skilled personnel.

A Medium-Term Plan that contained these elements would be totally unlike all the other plans that have been issued, each of which has been forgotten about within months of its date of issue. Political problems will no doubt remain and will present other challenges, all of which will deserve careful thought and special attention. But Zimbabwe must prevent these from derailing efforts to achieve full recovery.

Undiluted attention has to be focused on actions that can deliver recovery and growth. Achieving success and restoring dependable flows of income from the efforts of people with proven technical and managerial skills will leave Zimbabwe far better placed to deal with the challenges caused by past errors of judgement.

Investors will hopefully have confidence in their own abilities already, but they will also seek reasons to feel confident that they will not be derailed by issues over which they have less, or no control. They will want to feel that the investment climate within the country and region concerned is acceptable and will remain acceptable.

They will also want assurances that the conduct of other people who can influence the investment climate will not be too unpredictable and that the investment incentives on offer will provide the needed protection.

However, people who take the initiative to accomplish something usually behave very differently. They show energy, vision, enterprise and courage in initiating a process that is intended to lead to something new.

They are innovators or originators and therefore in a class of their own. They will often cause the changes they want, if necessary by becoming directly involved in creating the environment that is needed to fulfil their ambitions.

As investors can range from housewives to multinational corporations and as their conduct can be influenced by anything from supermarket loss-leaders to syndicated sovereign debt yield curves, they are always ready to let people try to persuade them with incentives.

In the context of economic development, the incentives are supposed to overcome the investors’ reluctance to move into unfamiliar territory, or lessen the investors’ misgivings about performance prospects in the country concerned.

Initiators of development projects are working from an entirely different base, even if they appear to be very much the same as any other investor. People who seize the initiative usually see potential that others missed and they create opportunities for themselves. They certainly do not wait for others to identify them, repackage them with enticing incentives and then offer lists of them at development conferences.

Disincentives of many kinds come to mind, but in referring to them, I feel it necessary to make the point that they are equally discouraging to local investors as they are to foreign investors.

The fact that so many African administrations permit conduct that is resented by their own people needs to become an accountability issue on every agenda. The following list of disincentives is far from exhaustive:

  • From its own officials, Zimbabwe’s government tolerates conduct that would be considered entirely unacceptable in the developed world.
  • Government takes for granted that its officials will derive significant incomes from bribery and extortion.
  • Government accedes to traditional leaders’ demands that their rights and privileges should take precedence over the requirements of citizens.
  • Governments imposes layer after layer of irrelevant controls on the movement of goods, money and people.
  • Government imposes hidden taxes through licensing laws, project approval regulations, exchange controls and price controls, and through the proliferation of regulatory authorities who have to be bought off before investors can make headway.

Corruption in Zimbabwe appears to have been authorised and institutionalised, and the conduct is defended on the grounds that senior party officials are merely exercising their privileges of office. They therefore do not accept the corruption accusations.

However, the perceptions of investors, who see their own hard-earned capital as the principal target of eager wealth-redistributing officials, have been negative in the extreme. They have mostly chosen to take their knowledge, or go to other countries with their knowledge, plus their ambitions, money and investment plans, and this has brought economic growth in Zimbabwe to a stop. The Medium Term Recovery Plan is supposed to be a plan that will revive economic growth. I regret that it does little more than describe what needs to be fixed.

So what should the Zimbabwe government do?

  • Restore the Rule of Law
  • Restore an independent judiciary
  • Repeal the Indigenisation and Economic Empowerment Act
  • Repeal POSA — Public Order and Security Act
  • Repeal AIPPA — Access to Information and Protection of Privacy Act
  • Remove the restrictions against the formation of independent broadcasting companies and newspaper publishers
  • Restore Property Rights
  • Restore the efficiency of the institutional support needed to survey land, register properties and register ownership, and of the procedures needed to legally change ownership of property.

What about the previously disadvantaged?

We have to recognise that most of the problems we face today have arisen from the decisions taken to restore historic imbalances, to correct past inequities, or to rectify past injustices.

But I would argue that the decisions taken have not improved the situation for the previously disadvantaged. They have not corrected inequities or brought justice to those who suffered injustices because they have so badly damaged the base upon which all of us are trying to stand.

The unintended consequences have been enormous. The population’s wealth has been cut by half, employment is down to its level of forty years ago, all the social services have been damaged and the list of problems could take hours to get through. So the decisions taken were the wrong decisions. Government has to correct its wrong decisions.

Clear and urgent distinctions must be made between what might eventually help to make amends for past failings and what is needed right now to ensure future success.

But this is just a draft. We must all get involved now and add the lines that will turn this document into a PLAN.


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Rautenbach's fast and furious ride to riches

http://www.mg.co.za/

SAM SOLE | DURBAN, SOUTH AFRICA - Nov 20 2009 10:59

Muller Conrad "Billy" Rautenbach, born on September 23 1959, is a
controversial Zimbabwean businessman who has parlayed his closeness to the
Zanu-PF government into a personal fortune and an aura of untouchability -- 
despite being a fugitive for a decade.

Rautenbach fled South Africa shortly after the then Investigating
Directorate for Serious Economic Offences launched a raid in November 1999
on his Wheels of Africa (WOA) Group, which included Hyundai Motor
Distributors.

Between December 1999 and January 2000 most of the South African and
Botswana registered companies in the WOA Group were placed under
liquidation, leaving debts in excess of R1-billion in South Africa and
R900-million in Botswana.

Rautenbach was sought in connection with fraud relating to the manipulation
of import tariffs and the siphoning-off of company cash to himself and
others using fictitious invoices.

Eventually he reached an agreement earlier this year in which one of his
companies pleaded guilty and tendered a R40-million fine, though he
personally did not admit liability.

Rautenbach's closeness to Zimbabwean political heavyweight Emmerson
Mnangagwa led to his appointment, in November 1998, as chairperson and
managing director of Gecamines, the state-owned mining company of the
Democratic Republic of Congo (DRC).

Zimbabwe had sent troops to the DRC to prop up then-president Laurent Kabila
and various business ventures were set up to repay the Zimbaweans for their
support.

Rautenbach was removed from this position after an audit by Ernst & Young,
mainly because, as described in a later United Nations report "some of
Gecamines's best cobalt-producing areas were transferred to a joint venture
between Mr Rautenbach's Ridgepoint Overseas Developments Ltd and the Central
Mining Group, a Congolese company, controlled by Pierre-Victor Mpoyo, then
minister of state".

In 2000 the DRC government withdrew Rautenbach's mining concessions,
reportedly after he had failed to pay over the government's share of the
profits.

But the death of Laurent Kabila in January 2001 opened the door for
Rautenbach to get back in. By April 2002 he had reached a settlement with
the DRC government and had been reallocated several lucrative concessions,
including half the Mukondo mine being run by his Zimbabwean compatriot and
rival John Bredenkamp.

His popularity in Kinshasa has waxed and waned -- he was deported in 2007 -- 
but his ability to extract value from the country remains undiminished. He
has made an estimated US$50-million from the recent sale of his shares in
the United Kingdom company Camec into which he had folded many of his DRC
and Zimbabwean mining interests.

Camec was key to his ongoing relationship with the Zimbabwean government.
The company, through its purchase of Lefevre (an opaque British Virgin
Islands company thought to be controlled by Rautenbach), got access to two
platinum concessions in Zimbabwe that had been wrested away from their
orginal owner, a division of Anglo Platinum by the Zimbabwe government.

In return Camec granted Lefevre a US$100-million loan "to meet its
obligations to the Zimbabwean government" -- at a time, in April 2008, when
the Mugabe regime was desperately short of cash.

Where other white farmers have faced dispossession, Rautenbach was granted
access to a huge tract of land, the Nuanetsi Ranch, where his Zimbabwe
Bio-Energy was to set up a huge cane-growing area to produce feedstock for
ethanol production.

In the end resistance from local Zanu-PF barons forced the project to
relocate to a different part of Zimbabwe. But when local farmers at Nuanetsi
were reluctant to move, they were allegedly treated to Rautenbach's blunt
style of doing business. According to a British documentary screened earlier
this year, one farmer told interviewers: "He said 'what part of fuck off do
you not understand?'"


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Diary of a traveller: tasting elephant dung

http://www.newzimbabwe.com
 


Bitter sweet ... Tasting elephant dung at the Hwange National Park

20/11/2009 00:00:00
by Scott Ramsay
 
Lurking danger ... A buffalo at the Hwange National Park
 
RELATED STORIES
Day 1: Diary of a traveller
Day 2: Diary of a traveller
Day 3: Diary of a traveller
This is the fourth entry in Scott Ramsay's travel diaries from Zimbabwe. Our travel writer spent two weeks as a guest of the Zimbabwe Tourism Authority. See PART ONE, PART TWO and PART THREE of the five-part series:
 
Tuesday, October 20

OUR Tuesday morning was spent rafting the rapids near the Victoria Falls with Wild Horizons, one of the several rafting operations.

We gathered at the top of the gorge, and walked down the steep sides to our rafts. We climbed in and our “pilot” gave a comprehensive safety briefing, a necessity given the various Level 5 rapids we’d be tackling.

Ranking of rapids range from Level 1 to Level 6, the highest being “life threatening”. There was one of these in our morning, but we were going to walk around it, thankfully. People have died doing what we were about to do, so there was a real sense of apprehension in our boat!

The rafting starts very near the base of the Falls, and we were treated to a spectacular view from the bottom of the gorge. All of us on the raft agreed that it was probably the best view of the falls.

We started paddling, and our pilot guided us expertly through all the rapids. We were one of the few rafts on the river not to capsize. It’s a great experience, and something that everyone should do.

The waters are huge, but everyone wears lifejackets and helmets, and the guides are experienced and comforting. You do feel like you’re in safe hands.


Roadblock ... Baboons troop across the Victoria Falls-Hwange highway

Wednesday, October 21

Wednesday saw us travel to Hwange, the largest wildlife wilderness area in Zimbabwe, covering a massive 14,600 square kilometres. It boasts more than 100 mammal species, and more than 400 bird species.

There are apparently more than 30,000 elephants in Hwange, far beyond the number which is sustainable. But it does make for some of the better wildlife viewing. Having visited most of the major wildlife areas in Southern Africa, the amount of game that I saw in just one day in Hwange was superior to anything I have seen elsewhere.

We saw lion, elephant, buffalo, kudu, sable, zebra, giraffe in one afternoon. Lucky perhaps, but impressive nevertheless.


Barely legal ... Hitch-hikers sit precariously on a small pick-up truck

We stayed at Wilderness Safari’s Makololo Plains camp in Hwange. The camp’s name describes its situation well, looking as it does over a vast plain of open land, with a waterhole right in front of the dining area. It’s a very special setting, and made all the more special by the first rate service, food and people.

What’s also particularly nice is the lack of people. The “camp” is small, with only a limited number of people able to stay. It’s also very remote, so you do feel like you are all alone in Africa.

Rooms are well appointed, and very comfortable, and spread out far from each other along raised board walks. They look out over the plain too, and because the camp isn’t fenced, the guides walk you back and forth from the main lodge area during the dark hours.

Our stay at Makololo was, for me, something I’ll never forget. And that is in large part due to our guide, called OB, for the duration of our stay. Not only did he seem to know everything about anything in the bush, including animals, plants and local folklore, but he was also very entertaining in his approach.

He has been living and working in amongst the wildlife areas of Zimbabwe for more than 40 years, and has spent a few years in the anti-poaching team.

He came into his fore during the after-dinner drinks, with wild and funny stories of his time guiding people, including an hysterical portrayal of how he removed a tick from one of his clients (no further details will be forthcoming here – you’ll have to visit Makololo and ask OB yourself to find out more).

But perhaps most memorable was when he took us for an early morning walk. He pointed out all the little things, and made them as interesting as sightings of the Big Five. He showed us how to make rope from bark, and he scooped up a tiny ant lion, showing us how the tiny insect hunts ants.

OB also asked us to taste the difference between male and female elephant dung – something which sounds plain disgusting, but in reality is hilarious and educational. (Female dung tastes sweeter, while male dung is more sour – important, OB said, because when you are tracking elephant, it’s important to know whether it is a male or female you are going to encounter).

He made my stay more than memorable – probably unforgettable. Thank you OB!

(Scott's travel diaries will continue on Monday)


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OUTSIDE LOOKING IN: A letter from the diaspora

http://www.thezimbabwean.co.uk

     
      Written by Pauline Henson
      Friday, 20 November 2009 16:26
      Dear Friends.
      Long ago when Rome was the centre of the greatest empire in the known
world, a fire broke out in the city. The story goes that the Emperor Nero
who was, to put it mildly, a trifle eccentric, climbed up onto the palace
roof to get a better view of the conflagration and, while the city burnt
beneath him, Nero played his fiddle. Hence,'To fiddle while Rome burns,'
meaning 'to amuse or divert oneself from crucial issues.'
      There was more than one 'eccentric' in Rome last week and the subject
under discussion was certainly crucial, nothing less than world hunger.
Ironically, Robert Mugabe, Zimbabwe's president was there; the man whose
so-called Land Reform has destroyed his country's capacity to feed itself
and made thousands of his own countrymen and women jobless, homeless and
facing starvation. But there he was in Rome with his wife, that notorious
shopaholic - and where better to shop than Rome with its sumptuous boutiques
and designer shops! Mugabe was there to attend the UN World Food Summit
accompanied by a 60 strong delegation. (It needs an awful lot of suitcases
to carry back all his wife's purchases!) Rather like Emperor Nero of old,
'fiddling while Rome burns' Mugabe too was entertaining himself with this
diversion while his country waits for him to play his part in putting out
the flames that threaten to destroy the Unity Government.
      Interestingly, the only member of the G8 countries to attend the
Summit, was Sylvio Berlusconi, Italy's President and another 'eccentric'.
Attendance at the UN Summit was a diversion from the Milan courtroom where
he is due to appear on tax fraud charges. Instead, Berlusconi was on hand in
Rome to introduce the current chairman of the AU, Colonel Muammar Gaddafi to
address the assembled company. One eccentric introducing another, you might
say. In recent years Berlusconi's sexual escapades have been extensively
covered by the Italian media but last week the Italian papers were full of
another story, not of a sexual nature, though it certainly looked that way
at first glance. 500 beautiful young 'hostesses' recruited from a
hospitality agency had been invited to the home of the Libyan Ambassador in
Rome with strict criteria: they must be between 18 and 35, and at least 1.7
metres tall. There was more, they must be pretty, no mini skirts allowed and
no plunging necklines. The fee was $50 a head and they were to present
themselves on Sunday evening. The unknown host was none other than the Chair
of the AU, Mummar Gadaffi and his reason for hiring the 'hostesses' was
nothing less than to convert them to Islam! Despite the fact that it was
Rome and the headquarters of the Catholic Church, Gadaffi was on a
proselytising mission. Like Mugabe, Gadaffi was in Rome for the World Food
Summit but in his spare time he lectured the girls on the superiority of
Islam, the failings of Christianity and the position of women in the western
world. The UK Independent carried the story and showed the girls leaving the
Libyan Embassy, all carrying heavy copies of the Koran. When he finally got
round to the matter in hand, ie. the World Food Summit, Gadaffi and Mugabe
were as one, singing from the same hymn sheet, ranting on about the evils of
the west and their exploitation of the world's poor. Robert Mugabe's speech
to the Summit was classic Mugabe-speak. It was "hostile interventions and
hostile sanctions that have had a negative impact on our farmers. Our
neo-colonialist enemies are determined to make us fail." Mugabe claimed.
Nero-like he plays his increasingly bizarre propaganda instrument while,
back home very little changes. In a painful reminder of Murambatsvina four
years ago, municipal police in Harare beat up vendors, white farmers and
their workers continue to be harassed and intimidated by police and greedy
chefs, even High Court judges, all aided and abetted by top army officers
and scores of soldiers. Students are arrested on trumped up charges of
weapon possession and Roy Bennett's trial continues on its agonising way and
the anti-MDC and blatantly racist rhetoric of the government press rolls on.
The President of the Council of Chiefs joins in the anti-white chorus and
attacks the Minister of Education, claiming that he is "charging exorbitant
school fees to incite people to topple Mugabe from the presidency." And he
adds, "We heard that a white man is now the minister of education.What's
that, to have a white man in government?" In the same week a white Catholic
priest is brutally beaten and humiliated by Mugabe's soldiers while in Rome
the Pope celebrates mass attended by, among others, one Robert Gabriel
Mugabe, a baptised and practising Catholic. 'Giving the Catholic Church a
bad name' must be the least of the charges that can be made against Robert
Mugabe.
      Today, November 15 marks the expiry of the SADC deadline to initiate
the process of settling the deep divisions between the two sides in the GNU.
Zimbabwe teeters on the brink of disaster but Nero-like, Robert Mugabe plays
on, the same old tune. Speaking at a good governance conference in Tanzania
this week, the Sudanese telecom billionaire, Mo Ibrahim, remarked (about
Africa generally) "Something is drastically wrong. I think we have the right
to ask our leaders are they really serious." Well, Robert Mugabe is very,
very serious about just one thing and that is staying in power - whatever
the cost.
      Yours in the (continuing) struggle PH.aka Pauline Henson author of
Case Closed published in Zimbabwe by Mambo Press, Going Home and Countdown
political detective stories set in Zimbabwe and available from Lulu.com an
Amazon.


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Bill Watch of 19th November 2009 - Legislative ReformSeries - A Private Members Bill

BILL WATCH LEGISLATIVE REFORM SERIES

[19th November 2009]

Private Member’s Bill to Amend POSA

On Thursday 5th November, the chief whip of MCD-T, Innocent Gonese, introduced a motion seeking leave from the House of Assembly to introduce a private member’s Bill to amend the Public Order and Security Act [POSA].  The motion was debated and this afternoon it was approved by the House and Mr Gonese handed in a copy of his Bill in accordance with Parliamentary procedure.

What is a private member’s Bill?

A Bill is a draft piece of legislation which is presented to Parliament for approval.  If it is passed by the House of Assembly and the Senate, and if it is assented to by the President and gazetted, it becomes an Act of Parliament and has the force of law.  Parliamentary procedure allows for several types of Bills:

A government Bill is one which is presented to Parliament by a Vice-President, Minister or Deputy Minister, having been approved by Cabinet; it seeks to advance government policy and is drafted by government lawyers in the Attorney General’s Office.

A private member’s Bill is presented to Parliament by a member of the House of Assembly or a Senator who is neither a Vice-President nor a Minister or Deputy Minister; he or she can be a member of the governing party or a member of the opposition.  The Bill may or may not reflect government policy.  The drafting is the responsibility of the member presenting the Bill. 

Both government Bills and private members Bills are classed as public Bills: they affect the public generally or broad sections of the public by seeking to alter the law in the public interest.  Nearly all Bills fall into this category.  Mr Gonese’s Bill will, if enacted, affect the public generally, so it falls into this group.

Note: There can also be a Private Bill [not the same as a Private Member’s Bill]:  A Private Bill affects only particular people or groups of people and there are special procedures for introducing such Bills into Parliament.  Private bills are rare – an example would be the Bill which led to the Zimbabwe Institution of Engineers (Private) Act.

What can be Dealt with in Private Members’ Bills?

There are restrictions on private member’s Bills.  Most importantly, they are not allowed to impose or increase taxes or charges on State funds, nor can they waive debts due to the State, condone unauthorised expenditure or a failure to collect taxes, or empower the State to raise loans; these things can only be done in a government Bill [Constitution, Schedule 4, paragraph 1(4)].  Mr Gonese’s Bill does none of these things, so it cannot be challenged on the ground that it exceeds the restrictions on private members’ Bills.

The Procedure for Passing Private Members’ Bills

Private members’ Bills pass through Parliament in much the same way as government Bills, and like government Bills they can be introduced in either the House of Assembly or the Senate.  We shall deal here with the introduction of a private member’s Bill in the House of Assembly, but if a Senator were to introduce one in the Senate the procedure would be the same.

Note:  Parliamentary Standing Orders are sketchy on private members’ Bills and need revision to eliminate potential confusion, but the Clerk of Parliament has confirmed that Parliament will follow the procedure outlined below:

· First, the private member must get leave from the House to introduce the Bill.  He or she does this by introducing a motion seeking such leave, and must give notice of the motion in the House’s order paper.  The motion must set out the long title of the Bill and must be seconded by another member. 

· On the day fixed for the motion, the member addresses the House, explaining why it should allow him to introduce his Bill, and the House debates the motion.  If at the end of the debate the House votes in favour of the motion [i.e. resolves that the member should be allowed to introduce the Bill] the member gives a copy of the Bill to the parliamentary officials sitting in front of the Speaker’s chair.  This is the stage at which Mr Gonese’s Bill stands at present.  The way is now clear for the Bill to be gazetted by Parliament for public information.  [Note: Government Bills are not subject to this preliminary procedure; any Minister or Deputy Minister handling a government Bill can bring a Bill to Parliament without getting the leave of the House.]

· The procedure from gazetting onwards is the same as for government Bills – as follows: 

·   Immediately after gazetting the Bill is referred to the relevant portfolio committee, in the present case, the Portfolio Committee on Defence and Home Affairs, which will report back to the House during the second reading stage of the Bill.  The Portfolio Committee can if they feel it necessary, call a stakeholders or public hearing on the Bill.

·   When at least 14 days have expired after gazetting, the Bill can be introduced and given its first reading – which means that the Clerk of Parliament reads out the title of the Bill.

·   The Bill is then referred to the Parliamentary Legal Committee [PLC], which has 26 business days within which to report on whether or not the Bill is constitutional.  If the Bill gets an adverse PLC report, the House can either resolve to ignore the PLC report or require changes to the offending provisions.  If the Bill has a “non-adverse” report it proceeds to the second reading stage.

·   At the second reading stage, the member sponsoring the Bill [in this case Mr Gonese] makes a speech introducing the motion that the Bill be read a second time and outlines the broad principles of the Bill.  It is usually then that the Portfolio Committee chairperson reads out and speaks to the Portfolio Committee’s report on the Bill.  The House can debate the principles of the Bill, but does not yet go into its details, before a vote is taken on the motion to proceed with the Bill .  If the motion is approved, the Clerk of Parliament reads out the Bill’s title again and it is set down for the Committee Stage.

·   In the Committee Stage the whole House sits as a committee and considers the Bill clause by clause.  It is during this stage that amendments can be proposed and a vote is taken to accept or reject any amendments.  If the Bill passes the Committee Stage without amendments it then goes to the next and final stage in the House.  If there have been amendments, the Bill as amended has to be resubmitted to the PLC and cannot be finalised unless a “non-adverse” report is given.

·   In the Third Reading the Bill’s proposer introduces a motion that the Bill be read a third time and if this is passed the Clerk of Parliament again reads out the Bill’s title.  This is usually just a formality although theoretically this is the final chance for the House to vote to reject the Bill.

Having passed all these stages in the House, the Bill is then transmitted to the Senate, where the proceedings in the House are replicated:  it goes through a First Reading, a Second Reading, a Committee Stage and a Third Reading all over again.  If the Senate amends the Bill, the Bill with the Senate’s amendments must be approved by the PLC before the Third Reading.

Note:  Mr Gonese will not be able to introduce his Bill in the Senate because he is not a Senator.  Instead he will have to get a sympathetic Senator to pilot it through the chamber on his behalf.

If the Senate has passed the Bill without further amendments, the Bill can be sent to the President for assent without further discussion in the House.  But if the Senate has amended the Bill, it has to be transmitted back to the House for approval of the amendments.  If the Bill is rejected by the Senate, or if the House of Assembly and the Senate cannot agree on the Senate’s amendments, the House of Assembly can, having waited for 90 days, pass a resolution to send it to the President for signature in the form in which it was passed by the House of Assembly [Constitution, Schedule 4, paragraph 4].

If a Bill has been passed by both the House of Assembly and the Senate, and if any amendments have been agreed by both Houses, the Bill is transmitted to the President for his assent.  If the President assents to the Bill, it is published in the Gazette as an Act of Parliament. 

If the House of Assembly does not pass the Bill that kills the Bill, and it may not be reintroduced during the rest of the Parliamentary session [Standing Order 130 states that no Bill of similar substance to a rejected Bill can be introduced until the following session].  A typical Parliamentary session lasts for one year, from July to June; the present session started late, in early October, but may end in June 2010. 

If the Senate does not pass the Bill the Bill may after 90 days be sent to the President for signature in the form in which it was passed by the House of Assembly [see above].

Can the President refuse to assent to the Bill?  Yes he can.  After receiving the Bill from Parliament, he must within 21 days make up his mind either to assent to the Bill or to withhold his assent [Constitution, section 51(2)]. 

What happens if the President refuses assent?  If the President does not assent, the Bill must be returned to Parliament.  The House of Assembly then has six months during which it can resolve by a two-thirds majority of all its members to send the Bill back to the President.  If that is done, the President must either sign it within 21 days or dissolve Parliament.  If he dissolves Parliament, he thereby triggers new elections [as elections are now “harmonised”, this would entail holding Presidential, Parliamentary and local government elections].  As the combined MDC formations have nothing like a two-thirds majority in the House, the President’s refusal to assent to the Bill would in fact be final [Constitution, section 51(3b)]. 

What are the chances of the POSA Private Member’s Bill passing through Parliament?

The two formations of the MDC have a slight majority in the House of Assembly, so the Bill may well be passed by the House.  In the Senate, however, it could pass only if some non-MDC Senators were to support it.  If the Senate rejects the Bill, the House could resolve to send it to the President after waiting 90 days, but, in those circumstances it would seem most unlikely that President would assent to it.  If the President refuses his assent that would virtually kill the Bill, as the two MDC’s do not have the two-thirds majority needed to overrule the President’s veto.  Even if some ZANU-PF members have supported the Bill in the House, they would be unlikely to lend their support at that stage.

So unless enough support in the Senate is forthcoming, the chances of its becoming law are slim indeed.  But Mr Gonese probably knows that.  Perhaps he is simply trying to send a signal to the inclusive government that it is high time they took steps to implement articles 10 and 12 of the GPA, i.e. “free political activity” and “freedom of assembly and association”, which POSA is being used to block, and to ensure that more is done to open up democratic space in Zimbabwe.

What has happened to previous Private Member’s Bills

There have been several attempts since independence to introduce private member’s Bills, but they have either fallen foul of the rule that such Bills cannot involve a charge to the fiscus, or they have been abandoned – under the virtual one party system Bills would be unlikely to go through that had not been introduced by the government.  In some cases the relevant Minister would discuss the Bill with the private member resulting in its withdrawal and portions of the Bill being incorporated into a forthcoming Government Bill [an example of this was a Private Member’s bill on War Veterans].

 

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

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