http://www.swradioafrica.com/
By Tererai
Karimakwenda
22 November 2012
Members of the Kimberley Process Civic
Society Coalition, who monitor
Zimbabwe’s diamond industry, walked out of a
breakfast meeting organized by
the Mines Ministry on Wednesday, following
threats by the Mines Minister
Obert Mpofu and Attorney General Johannes
Tomana.
Speaking in Harare on Wednesday, at a meeting meant to review the
just ended
Victoria Falls Diamond Conference, Mpofu accused local civic
society
organisations (CSOs) of “deliberately peddling falsehoods” and
“malicious
reports” on Zimbabwe’s diamond industry.
“Let me warn our
colleagues in civil society that if you do not want to work
with us, then we
will go it alone and we will be very hard on you,” Mpofu
fumed.
He
added that he will not continue to tolerate, “a bunch of individuals
masquerading as representatives of the people” and diminishing the
government’s efforts and gains through “unjustified vilification” of the
diamond industry.
Adding to Mpofu’s threats, Attorney General
Johannes Tomana told the CSO
representatives that the country “will not
hesitate to evoke laws” against
individuals and organisations who
“deliberately seek to derail” the economic
interests of the
country.
“Our economy is protected by the way. Anybody who threatens our
economic
interests violates the law and the laws are there. Anybody who
threatens our
security interests as a nation is violating the law and we
have those laws,”
Tomana is quoted as saying.
Thabani Nyoni,
spokesperson for the Crisis Coalition, told SW Radio Africa
that the threats
are not new but they are taken very seriously by the CSOs.
Nyoni insisted
that CSOs would continue to hold government accountable, in
spite of any
threatening rhetoric from politicians.
He pointed to the recent arrest of
activists from the Counselling Services
unit (CSU), who were taken from
Harare to Bulawayo without being charged and
then released on bail. Nyoni
described this as “persecution by prosecution”,
saying no crime had been
committed.
“We know a number of CSO representatives will be arrested,
some will be
detained and some intimidated, especially as we build up
towards the next
election. But no amount of threats will stop us from
holding the state
accountable, especially if they continue selling diamonds
without
accountability,” Nyoni explained.
A Crisis report quoted
Cephas Zinhumwe, CEO of the National Association of
Non-Governmental
Organisations (NANGO), blasting Minister Mpofu for his
comments and blaming
him for the deteriorating relationship with CSOs.
“There is now serious
mudslinging and instead of engaging freely the
Minister wants us to wash his
feet and hero-worship him. As civil society we
continue to call a spade, a
spade, come rain or thunder. That is our
mandate”, Zinhumwe is quoted as
saying.
Asked what the CSOs want next, Zinhumwe told SW Radio Africa:
“What we are
looking for in terms of all mineral resources and anything our
government
does, is the issue of accountability. It’s a long journey but we
are looking
at various mechanisms until we are all accountable.”
The
Mugabe regime has always been critical of civic groups in the country,
accusing them of being agents of the Western countries with a regime change
agenda. The groups have also been accused of working with opposition
political parties, particularly the MDC-T.
The truth is that civic
society exists as the eyes and ears of the people,
to monitor, document and
expose the activities of government officials,
political parties, councils,
in fact anyone in the system who needs to be
held to account. As such, they
represent a threat to anyone guilty of human
rights abuses and corruption.
http://www.swradioafrica.com
By Alex Bell
22 November
2012
There has been an angry reaction to comments by the Mines Minister
Obert
Mpofu, who has offered to pay off civil society organisations using
diamond
proceeds.
Mpofu was speaking at a review meeting of this
month’s international diamond
conference in Victoria Falls. He said that
organisations who have been
investigating the situation at the controversial
Chiadzwa diamond fields
were being funded by ‘hostile governments’ and were
against ‘national
interests’
“Why should a Zimbabwean be funded and
supported by a foreigner? If we
brought our civil society on board on all
issues and prepared a budget for
them, I think they would be behaving
differently. One who pays the piper
calls the tune,” Mpofu said.
He
added: “We can say all diamond producers should set aside a small levy of
about 1 percent for the NGOs. As a matter of principle, to make progress we
will consider some allocation from the diamond producers towards the civil
society. The permanent secretary and his colleagues will work on that and I
will persuade the diamond producers.”
Mpofu’s offer has been
described as an obvious ‘bribe’, as civil society has
been the most vocal
critic of the situation at Chiadzwa, where there are
ongoing reports of
abuse, smuggling and other illicit activities. ZANU PF
control of the area
and of the diamond proceeds has also been widely exposed
by civil society
groups, who have demanded transparency and accountability
at the diamond
mines.
Phillip Pasirayi, an activist with the Centre for Community
Development,
slammed Mpofu’s comments saying: “We as civil society utterly
reject this
offer.”
“Mpofu should be educated enough to know that
civil society cannot be forced
into being part of the ZANU PF patronage
system. We demand accountability
and we demand transparency,” Pasirayi
said.
He also criticised Mpofu for offering the diamond proceeds as a
‘bribe’ when
the money is so desperately needed by other sectors of society.
The Finance
Ministry has insisted that money from the diamond mines is not
being
directed to the national coffers, despite the struggling economy. This
means
dilapidated infrastructure is still falling apart, hundreds of
thousands of
people don’t have access to clean water, and civil servants are
earning a
pittance, among a host of problems.
“The cash generated
from diamonds should go into social services, and
infrastructural
development, and improving access to medical care and basic
service. That is
where the money should go,” Pasirayi said.
http://www.dailynews.co.zw
By Richard Chidza, Staff Writer
Thursday, 22
November 2012 10:05
HARARE - Veterans of Zimbabwe’s 1970s liberation war have
set their sights
on the contentious diamond money, 15 years after they
arm-twisted President
Robert Mugabe into a payout that precipitated a
national economic meltdown.
Zimbabwe National Liberation War Veterans
Association (ZNLWVA) secretary for
projects Andrew Ndlovu told the Daily
News that former combatants wanted
government to set aside a chunk of
diamonds money for them.
“We are not asking them to pay us from their
pockets. They do not have money
but this country is rich and we are making
lots of money from the sale of
diamonds. They should pay us from that,”
Ndlovu said in comments showing the
extent of the clamour for diamonds money
from pro-Zanu PF groups.
Ndlovu accused the state of infiltrating the
liberation fighters’ ranks to
weaken their resolve and demands.
“We
were infiltrated because some within the establishment felt threatened
by
our unity. We wanted the late Chenjerai Hunzvi to be minister responsible
for war veterans but after we chased away Witness Mangwende (then War
Veterans minister), the President never appointed anyone,” said
Ndlovu.
“We were then transferred to the Defence ministry as a department
and that
has weakened us.
“The reasons given were that we were and
are still too divided,” said
Ndlovu, showing frustration with the
government.
“War veterans were promised annual payouts after the initial
ZW$50 000 but
that never happened.
“The government embarked on a
sinister plot to destabilise us and brought
disunity. Now you see, we have
various groups led by opportunists
masquerading as saviours of suffering war
veterans,” he said.
Asked if the commitments by government were on paper,
Ndlovu said: “In the
military one never asks their commander for minutes of
a meeting or a
written agreement. It will show lack of trust and that is
never tolerated.
You can die for that kind of behaviour. Everything that
happened then was
recorded and we had no reason to think our leaders would
not honour it,”
said Ndlovu.
War veterans are viewed by many
suffering Zimbabweans as an ungrateful lot,
particularly after receiving
huge payouts in 1997 and getting farms under
the often violent land reform
programme spearheaded by Hunzvi, a “medical
doctor” turned land invasions
leader.
The 1997 gratuity payouts represented a rare capitulation to
pressure Mugabe
and, since they were not budgeted for, came at a huge cost
to the country’s
economy.
Analysts blame the payments for what came
to be known as the “Black Friday”
of November 14, 1997, when the Zimbabwe
dollar crashed and lost nearly half
its value in a single day.
The
stock market was also hit, losing about 46 percent of its value as
investors
scrambled for cover.
Ndlovu said former fighters who have been harassing
Finance minister Tendai
Biti for their “lack of welfare”, are knocking on
the wrong door.
“In as much as Biti is a Cabinet minister he does not
make a decision.
“He cannot pay us on his own, he gets direction from a
collective Cabinet
and we want the government and in particular those who
lead it, to do
something now,” he said.
Biti has consistently urged
the former fighters to confront Mines minister
Obert Mpofu and Zanu PF, whom
he accuses of running a separate government
outside the coalition authority
through diamonds money siphoned from
Marange.
Mpofu and government
have repeatedly dismissed the allegations as baseless.
http://www.swradioafrica.com
By Tichaona Sibanda
22
November 2012
The commander of the Zimbabwe Defences Forces, General
Constantine Chiwenga,
is likely to incur the wrath of the MDC-T after he
slung mud at the party by
linking it to Mozambique’s Renamo
forces.
At a meeting with war vets at One Brigade headquarters in
Bulawayo last
week, Chiwenga told them ‘the MDC-T neRenamo zvinoshanda
zvese’ (MDC-T and
Renamo work together).
The country’s top military
commander also admitted that the army owns shares
in the diamond mine
company. This contrasts sharply with Defence Minister
Emmerson Mnangagwa’s
statement last week challenging people to prove that
the army does have an
interest in Chiadzwa diamonds.
But it is his statement on Renamo that
will offend and infuriate Prime
Minister Morgan Tsvangirai’s party. Our
correspondent Lionel Saungweme told
us that four war vets who attended the
meeting confirmed what Chiwenga said.
‘Many of those who attended
perceived his statement to be part of a
propaganda campaign against the
MDC-T,’ Saungweme said.
Recently Renamo leader Alfonso Dhlakama was
quoted as saying his army will
return to war and destroy Mozambique, unless
the government of President
Armando Guebuza meets several demands, key among
them political reforms and
a revision of the 1992 peace accord.
The
peace accord ended the country’s civil war and led to the integration of
former Renamo fighters into the army, police and state institutions. But
Dhlakama left his home in the port of Nampula last month and led an
estimated 800 armed Renamo back to base at Casa Banana, at the foot of Mount
Gorongossa.
He said he was fed up with President Guebuza’s failure to
share government
posts, reform the political system and integrate ex-Renamo
rebels into the
security forces.
Immediately after this Jameson
Timba, Tsvangirai’s foreign policy advisor,
said his party noted with
concern a possibility of looming insecurity
arising from the political
dispute between Dhlakama and the Frelimo led
government.
‘As a party,
we believe in dialogue, as the only humane, civil, mature and
democratic way
to a resolution of any political disputes and other hot baton
issues. Gone
are the days where armour, military takeovers and violence were
the means to
achieve political objectives in Africa.
‘The sovereign right to govern
must be derived solely from the people and
not from a few in military
fatigues and wielding bayonets. We urge the
political leaders in Mozambique
to take this seriously and give dialogue a
chance,’ Timba
said.
Retired army Colonel Bernard Matongo told SW Radio Africa that
Chiwenga’s
statement was an attempt to whip up emotions within the army to
try and
create a backlash against the MDC-T.
‘The only problem with
that is most people in Zimbabwe, including the army,
know the MDC is not a
party that takes up arms to fight Mugabe or his ZANU
PF. His statement will
not have any takers, even amongst his troops and they
all know this is
election season so he’s bound to do that to whip up support
for ZANU PF,’
Matongo said.
http://www.voazimbabwe.com/
Blessing
Zulu
21.11.2012
WASHINGTON — Remarks by Zimbabwe National Army
commander, Lieutenant General
Philip Sibanda, that the military would not
allow former colonizers to
recolonize the country through the back door
using what he said are
“misguided elements”, has renewed calls for security
sector reform in the
southern African nation.
The state-controlled
and Zanu PF leaning Herald newspaper quotes Sibanda as
making these remarks
at a pass out parade in Magunje, Mashonaland West
Province, a few days
ago.
Human rights groups and Prime Minister Morgan Tsvangirai’s Movement
for
Democratic Change (MDC) formation have accused the 30,000 strong ZNA of
unprofessional behavior.
The MDC charges that the military and other
arms of the security service are
loyal to President Mugabe's Zanu PF party
and not the people of Zimbabwe.
Several senior military officials have,
since 2002, threatened to stage a
coup if President Mugabe lost an
election.
Mr. Mugabe and his Zanu PF party have been resisting security
sector reforms
as agreed in the Global Political Agreement.
Southern
African Development Community (SADC) mediator president Jacob Zuma
of South
Africa has also been pushing for security sector reforms but Mr.
Mugabe’s
party has refused to give in saying Zimbabwe is a sovereign state.
Efforts
to reach Defence Minister Emmerson Mnangagwa were futile.
Giles
Mutseyekwa, MDC secretary for security and retired major in the ZNA,
said
Sibanda’s remarks are uncharacteristic of the man saying he is
professional
but might be under political pressure to make controversial
remarks.
Programs manager Joy Mabenge of the Institute for A
Democratic Alternative
for Zimbabwe said security sector reform is long
overdue.
http://www.newzimbabwe.com
Reclaiming properties ... Bishop
Gandiya, his wife Faith (left) and Victoria
Chitepo
(centre)
21/11/2012 00:00:00
by Moses
Chibaya
BISHOP Nolbert Kunonga, the excommunicated former head of
the Anglican
Church in Zimbabwe, owes hundreds of thousands of dollars in
unpaid bills on
the church’s properties which he controlled illegally over
the last five
years.
The Supreme Court on Monday ordered Kunonga to
return church property he
seized after his excommunication in
2007.
Justice Yunus Omerjee ruled that Kunonga has no right to the church
property
because he left the mainstream Anglican Church when he announced a
breakaway
during a row over homosexuality.
Bishop Chad Gandiya, the
new head of the Anglican Church in Zimbabwe, said
they had compiled an
inventory of the church’s properties since Monday which
also indicated
movable property had gone missing.
Speaking at a press conference in
Avondale, Bishop Gandiya said: “One of the
first things that we have been
doing is to take an inventory including any
debts that may have been
incurred during this last five years.
“Debts in terms of utilities we
only know of one or two parishes that seemed
to have some
information.
“Remember we were out of our properties for the last five years.
As we move
back, we will ask the local authorities and other service
providers to take
stock before we actually move in so that any bills are
properly
apportioned.”
Kunonga had, on the strength of earlier court
judgments, taken over at least
80 Anglican Church buildings, nine secondary
schools, an early learning
centre and an orphanage in the Harare Diocese
alone. The Harare Diocese has
72 parishes dotted around Mashonaland East,
West, Central and Greater
Harare.
St Andrew’s parish in Glen View has
an electricity bill of US$7,000 while
two other parishes owe the Harare City
Council US$5,000 and US$3,000
respectively.
When the water and
electricity bills are finally in from all the parishes,
Bishop Gandiya said
the bill could easily top $300,000.
Kunonga had also seized colleges,
schools and crèches owned by the church,
sometimes leasing the facilities
out and collecting rentals.
“The church cannot be asked to settle
outstanding debts owed by illegal
occupants, whose illegality has now been
confirmed by the courts,” Bishop
Gandiya said.
“We must acknowledge
that the tenants are occupying the properties
illegally. We are not going to
continue with an illegality. They are abusing
our church property and we
will ask them to leave.”
Parliament is currently leasing Pax House,
but Gandiya said the arrangement
was “legal” and no eviction would be
necessary.
Zimbabwe’s Anglican Church has been divided since Kunonga, a
loyalist to
President Robert Mugabe, was excommunicated in 2007 by the main
Anglican
Province of Central Africa and the worldwide head of the church for
allegedly inciting violence in sermons supporting Mugabe’s Zanu PF
party.
But Kunonga insisted the dispute was over the Anglican Church’s
moves to
recognise homosexual partnerships. He held the Anglican Cathedral
in Harare
and several other churches, with the help of police who were
enforcing
rulings by the lower courts supporting Kunonga’s claims to the
properties.
The schism left mainstream Anglicans without places of
worship and many were
subjected to intimidation and violence.
The
Archbishop of Canterbury Dr Rowan Williams said the Supreme Court
decision
“heralds a new era for the Anglican Church there.”
“We can at last say
that there is justice for a long-suffering and
beleaguered community, and
also give thanks for the astonishing courage and
endurance they have shown
in the face of constant violence and
intimidation,” he said from
London.
“The hope must also be that this is a sign of better things to
come
eventually for all the people of Zimbabwe: the rule of law is not after
all
extinct.”
http://www.dailynews.co.zw/
By Fungai Kwaramba, Staff Writer
Thursday, 22
November 2012 09:55
Bishop Nolbert Kunonga
HARARE - Shocking details
have emerged of widespread abuse of orphans at an
orphanage and schools
which were run by disgraced and dethroned Anglican
bishop Nolbert Kunonga,
prompting human rights organisations to demand an
investigation.
Yesterday, the Anglican Church Harare diocese convened
a press briefing
where the dastardly endeavours which happened in the past
five years under
Kunonga’s watch were revealed.
Kunonga was in charge
of the institutions after he seized them from the
Church of the Province of
Central Africa, often using violence and help from
the police.
Chad
Gandiya, who is the bishop of Harare, told reporters in Harare that the
Anglican Church, which won a landmark court victory on Monday, was carrying
out an inventory that will ultimately lead them to their vast properties
which had been turned into “lucrative business joints” by the
ex-communicated Kunonga.
With more than 100 parishes and sub parishes
in the diocese of Harare which
encompasses, Mashonaland, East, West and
Central provinces and hundreds of
schools in the same diocese, Kunonga has
not been settling electricity and
water bills and an inventory would allow
bona fide Anglicans to know the
amount that the self-proclaimed Zanu PF
supporter is supposed to pay.
Kunonga lost the case of control of the
Anglican Church properties with
costs at the Supreme Court and is supposed
to clean his slate before he
exits the buildings which he has personalised
and even “desecrated” in the
past five years.
Gandiya said on
December 16 a cleansing ceremony will be carried out to
drive out demons
before the church gets to use its defiled sanctuaries.
But it is the
issue of abuse of children which is most shocking, especially
coming from
men of the cloth.
Just like with other schools and hospitals, the
Anglican Church lost Shirley
Cripps, an orphanage to Kunonga, who violently
kicked out nuns, some of whom
had been running the place for more than 30
years.
Debauchery by Kunonga’s men was to follow, Gandiya said
yesterday.
“The children’s home is very dear to us, last week we received
information
that children were being abused. The matter was referred to the
police and
we are happy a person was arrested. There is widespread sexual
abuse at the
orphanage.”
While Anglicans across the country are on
cloud nine celebrating their
victory, Gandiya expressed concern with the
manner in which Kunonga’s
supporters are deserting premises literally
abandoning children.
“We are not there to fight anybody. If people are
moving out they should
inform us so as to ensure that children do not
starve,” said Gandiya.
After leaving the Anglican Church, ostensibly over
homosexuality, Kunonga an
acclaimed supporter of President Robert Mugabe’s
policies, went on to
replace professionals at the institutions he had
seized.
Standards have plummeted with children at the Anglican Church-run
schools
complaining of abuse while infrastructure is in a sorry
state.
Officials say sexual abuses at Shirley Cripps are just a tip of
the iceberg
judging from the decadence of the moral fibre at institutions
that had been
in the hands of Kunonga.
Education, Sport, Arts and
Culture minister David Coltart said his ministry
will take stern measures
against teachers who will be found to have abused
children.
“We are
certainly going to investigate. We will support the Anglican Church
and they
should give us any kind of allegation which they have so that we
take it to
the police commissioner-general. If we find that teachers abused
children,
then we will punish them severely,” said Coltart.
Irene Petras Director
of Zimbabwe Lawyers for Human Rights (ZLHR) said the
Human Rights Commission
which was recently given teeth after Mugabe signed
the Human Rights Bill
into law should investigate the matter along with the
ministry of
Education.
“Children just like everyone else should enjoy their rights.
What happened
when Kunonga was in charge should be investigated by the
ministry of
Education because the first mandate of education is to ensure
that children
develop in a proper environment.
This is something that
the Human Rights Commission should also do,” said
Petras.
Contacted
for comment, police spokesperson Charity Charamba said she is
still in the
dark about the matter.
http://www.herald.co.zw/
Thursday, 22 November 2012
00:00
Farirai Machivenyika Senior Reporter
Attorney-General
Johannes Tomana yesterday said a recent judgment by the
African Commission
on Human and People’s Rights to hear the case of a former
commercial farmer
seeking to reverse the land reform programme was
insignificant. The ruling
was made at a session of the ACHPR held in Cote d’Ivoire
last month but was
made public on Tuesday in favour of Ben Freeth and his
co-plaintiff Luke
Tembani.
Mr Tomana said he was yet to be notified of the case that he said
had no
bearing on land tenure in Zimbabwe.
“I have not heard of that
ruling, but it would not surprise me because it
(ACHPR) is a forum that
anyone can go to and complain,” he said.
“It would be up to the commission to
approach all the parties involved in
the matter and our course of action
will be determined by what they will
say.
“However, if they want to
challenge the land reform programme, that case has
been dealt with by Sadc
and I do not see how any other tribunal will deal
with the matter.”
Mr
Freeth and the late Mike Campbell approached the now defunct Sadc
Tribunal
seeking to reverse the land reform programme.
They won their case before
Zimbabwe appealed against the ruling arguing that
the tribunal was
improperly constituted.
The Government also argued that the tribunal could
not override domestic
courts of sovereign countries, leading to the
suspension of its operations
and eventual disbandment last year.
The Sadc
heads of state and government have since tasked ministers of
justice and
attorneys-general in the region to reconstitute the tribunal and
come up
with new mandates.
http://www.mdc.co.zw
Wednesday, 21 November 2012 15:06
The
selective distribution of the presidential input scheme in Gokwe
vindicates
the MDC’s repeated assertions that the so called presidential
input scheme
recently launched by Mugabe at the Zanu PF Head Quarters was
nothing but the
usual Zanu PF vote buying scheme.
What is happening in Gokwe exposes
Mugabe’s hypocrisy and insincerity. The
all too familiar Zanu PF vote buying
antics are not only primitive but very
out dated and do not conform to
modern dictates of politics.
Mugabe and his Zanu PF should learn from
past experience that people cannot
be hoodwinked by portions of handouts
from those purporting to lead them.
If Mugabe truly represents the
national father figure he purports to be,
then he should put an end to this
scandal and bring the culprits to book. We
call upon an investigation into
such activities.
As a party, the MDC will continue to fight for every
Zimbabwean to benefit
from national programmes irrespective of political
affiliation, creed or
race. It is time people of Zimbabwe distinguish
between real people parties
from petty partisan groupings obsessed with
satisfying selfish personal
benefits.
Zimbabweans have suffered
enough at the hands of a brutish Zanu PF regime; a
lot more have died due to
politics induced hunger. Everyone has a right to
food and as MDC, we will
continue to fight in the Inclusive Government to
ensure every Zimbabwean is
catered for by government until such a time the
nation has fully stabilized
in terms of food security.
The Last Mile: Towards Real Transformation!!!
http://www.thezimbabwemail.net
Staff Reporter 2 hours
39 minutes ago
PRESIDENT Robert Mugabe has left Harare for a
War Council in Kampala where
he will meet with his ally Ugandan President
Yoweri Museven amid reports the
two leaders are preparing military
deployment in the Democratic Republic of
Congo where rebels backed by Rwanda
have captured cities in the West,
sources in said this afternoon.
A
source said Mugabe and Museveni will meet under the cover of the 16th
COMESA
Summit inKampalaand they will discuss military options available to
defend
the current DRC government led by Democratic Republic of Congo
President,
Joseph Kabila’s.
Zimbabwe’s Foreign Affairs Minister Simbarashe Mumbengegwi
and high level
Zimbabwean military and intelligence officials are already in
the Ugandan
capital for the War Council preparatory meeting which started on
Wednesday.
In 1998, the Zimbabwean government sent troops to assist
Laurent-Désiré
Kabila's rebel forces.
President Robert Mugabe was the
most ardent supporter of intervention on
Kabila's behalf. Zimbabwe was the
only country involved in the conflict with
a modern and experienced air
force.
The air force and the Zimbabwe National Army Special Forces—which
included
the Zimbabwean Commandos and Paras as well as the Special Air
Service—all
played a crucial role in securing Kinshasa as well as repulsing
rebel troops
who had reached the outskirts of the capital.
Zimbabwean
warplanes played a major role in the destruction of enemy columns
that were
about to enter the capital. It was also Zimbabwean troops who
recaptured the
Inga dam intact from the rebel forces occupying it, resulting
in the
restoration of electricity in the capital.
In 2002, then Zimbabwe Defense
Minister Sydney Sekeramayi announced the
Zimbabwean military withdrew from
the DRC in October 2002, but in June 2006
reporters said a 50-man strong
force had stayed in the DRC to protect Kabila
and some sources said they are
still protect the Presidential compound.
DRC Ambassador to Zimbabwe, Mr
Mawampanga Mwanananga has called on SADC to
intervene in his country’s
crisis which has seen the provincial capital of
Goma fall to Rwandan-backed
M23 rebels.
Mr Mwanananga said the regional bloc must intervene outside the
United
Nations mandate as the peace keeping force is not protecting the
interests
of the Congolese people, but is being manipulated by the western
global
powers who control the UN system.
“It’s time SADC took a decision
to say no to the UN way of doing things,”
said Ambassador
Mwanananga.
Ambassador Mwanananga also criticised Rwanda for being used by
the West to
loot the DRC’s resources saying there is nothing called “M23”
but just a
collection of Rwandese soldiers seeking to destabilise his
country.
The embattled Kabila’s situation where his authority is under threat
from
the M23 rebel group has been likened to that of former President Mobutu
Sese
Seko’s.
Sese Seko was dethroned by forces led by Laurent Kabila in
1997 before he
died in exile later that year. Now, Joseph Kabila, son of
Luarent Kabila,
faces the same kind of revolt from the M23 rebels.
The
rebels insist Kabila should quit his position as president of the
country
claiming he was not the legitimate winner of the presidential
elections last
year.
Speaking on SAFM’s AM Live this morning, Professor David Moore, head of
Development Studies at theUniversityofJohannesburg, said the rebels
overtaking of the provincial capital, Goma after days of clashes with
government troops reflected the Laurent Kabila’s invasion of Goma backed
byRwandain 1997.
"So we see the same type of thing that was happening in
96/97. And the M23
people are saying we are going toKinshasa."
Yesterday,
the M23 rebel group received a warm welcome in Congolese as some
Congolese
soldiers and policemen defected to the M23 rebel group.
Mooreadded that the
Congolese were disenchanted with Kabila’s inability to
get things right in
the country.
"I think one person was interviewed saying, 'We really don’t
have a choice,
do we? We should welcome people who are coming to rule
us.'"
The M23 rebel group, which is backed byRwandaaccording to UN report,
say
they plan to "liberate" all of the Democratic Republic of Congo.
Rwanda,
however, denies this.
Meanwhile, Joseph Kabila says he is ready
to look into the grievances of the
M23 rebel group. President Kabila says he
will consider negotiating with the
group.
Mugabe was seen off at the
HarareInternationalAirportby Vice President Joice
Mujuru, Transport,
Communications and Infrastructure Development Minister
Nicholas Goche, Youth
Development, Indigenisation and Empowerment Minister
Saviour Kasukuwere,
Chief Secretary in the Office of the President and
Cabinet Dr Misheck
Sibanda and other government officials.
http://www.dailynews.co.zw/
By Richard Chidza, Staff Writer
Thursday,
22 November 2012 09:55
HARARE - Zanu PF national chairperson Simon
Khaya-Moyo is a man in the news
these days for castigating party officials
who have gone on a vote-buying
campaign.
But, a Daily News
investigation today exposes Khaya-Moyo as one of the
officials at the
forefront of the vote-buying scheme and it seems he has
taken this dirty
political campaign to new levels.
And, unlike other officials, Khaya Moyo
has brought creativity that fellow
vote-buyers will only marvel at.
His
portrait is emblazoned on bags of maize meal which he intends to use to
win
votes.
An undercover investigation by the Daily News busted
Khaya-Moyo.
A highly-placed insider revealed to the Daily News the name
of the company
and person (names supplied) behind the idea and facilitating
the imprinting
of faces and such other insignia for electoral
purposes.
“A lot of them are involved and they are stampeding to place
orders,” a
source said.
An undercover reporter from the Daily News
was given a copy of the proforma
invoice dated November 21 made out to
Khaya-Moyo for the purchase and design
of 3 000 10kg bags of maize
meal.
A sample of the 10kg bags which the Daily News has in its
possession shows a
portrait of Khaya-Moyo and has the inscription;
“Ambassador S.K. Moyo Mudle!
Lidle! Roller-meal, proudly
Zimbabwean.”
Moyo has been pouring vitriol on senior members of Zanu PF
whom he accuses
of abusing their wealth to buy votes, describing their
actions as a scourge
and vice.
“Some members are using money to buy
votes, what nonsense is that?
“People are being treated as commodities
and we must not allow this to
happen,” said Moyo according local
media.
“Why should we destroy the party with stolen money? Investors
bring money
and some senior members divert it so they can flaunt it to the
people to
gain popularity and get voted for.
“What kind of politics
is that?” Moyo is reported as having angrily said at
a rally last
week.
Moyo has said he is worried when he sees party structures
weakening, yet the
money is running around all the provinces.
“If you
have the money, why can’t you take it to the party offices if it
will help
the party?” he said.
Moyo’s mobile was at first available before it went
off.
“Ngise South (I am in South),” Moyo said without elaborating whether
he was
in Matabeleland South or South Africa.
The campaign material
reveals the divisions in President Robert Mugabe’s
party.
http://www.thezimbabwean.co.uk
A probe into the awarding of
tenders and the allocation of space for car
sales and outdoor advertising
has revealed massive abuse that deprived the
Harare City Council of huge
sums of revenue.
21.11.12
by Edgar Gweshe
In an
explosive report, the probe team, appointed by Local Government
Minister
Ignatius Chombo in September, unearthed details of how politicians
abused
their influence to engage in fraudulent deals. The seven-person team
is
headed by TelOne Finance and Administration Director, Ellen Chivaviro.
Chombo told The Zimbabwean: “My officials are now looking into the matter
and they will give me an official position on Friday, after which we will
map the way forward.”
The results reveal how officials from the
City’s Department of Engineering
Services received life threatening messages
from anonymous callers following
plans to pull down some illegal outdoor
advertising structures. According to
the probe report, the anonymous callers
claimed to represent some political
interests.
The report listed nine
companies operating in outdoor advertising in Harare,
namely Creation Desk,
Continental Outdoor, Fuldon, Askeland, IQ Media, AXA,
Finemark and
Ceterson.
“These companies have not been paying amounts due to council.
Collectively
they owe $3,596,541.66 as at 31 August 2012,” reads the report,
adding that
the erection of billboards in the city was being done in
violation of
council policy, which requires that all outdoor advertising
activities be
awarded through public tender.
“At least 50 percent of
the billboards are illegally and wrongly placed. The
Director of Urban
Planning revealed that the Council has not been able to
quantify the total
number of illegal bill boards in Harare,” reads the
report.
Of the
200 car sales operating in Harare, the team found that only 47 have
lease
agreements, and of those only three meet the town planning
requirements. It
was noted that only one of the 47 car sales was in full
compliance with
licensing requirements.
The report noted how efforts by a team appointed
by council to penalise car
parks without stand numbers and leases hit a snag
due to fears of an
outbreak of violence.
“The team was unable to
check what form of Council Authority these car sales
were using because of
the previous violence and gunshots experienced when
council previously made
an attempt to clean up the illegal car sales,” reads
the report.
The
probe also noted a lot of underhand dealings in the tender awarding
process
“as some companies that were disqualified for not meeting the set
tender
criteria were later awarded contracts”.
“The procurement Board
disregarded professional advice from the Chamber
Secretary to the extent of
violating Council’s tender policy. Some
councillors who are members of the
Procurement Committee are not conversant
with tender procedures,” reads the
report.
http://www.dailynews.co.zw
Thursday, 22 November 2012 09:55
HARARE - Mines deputy
minister Gift Chimanikire has exonerated his boss
Obert Mpofu on accusations
of amassing incredible wealth allegedly through
misappropriating proceeds
from Marange diamonds.
Chimanikire, a member of Prime Minister Morgan
Tsvangirai’s MDC, said after
working with Mpofu at the Mines ministry, he
learnt that the super-rich
Umguza MP and Zanu PF politburo member had in
fact worked hard for the vast
empire he owns.
“What kind of a genius
could he be to create such amount of wealth in one
year?” Chimanikire asked
at the Diamond Conference review breakfast meeting
held
yesterday.
“When I joined the Mines ministry, Mpofu had been there for a
year.
“He already had that kind of wealth,” Chimanikire said, adding that
though
they were from different political parties, he had worked very well
with his
boss.
Mpofu, who belongs to President Robert Mugabe’s Zanu
PF party, has developed
a close relationship with his deputy.
His
comments are at variance with accusations from MDC ministers who claim
Mpofu
is a beneficiary of diamond mining deals.
Chimanikire went on to refer
Mpofu as “King of Matabeleland”, before teasing
him as the “ever obedient
son” in reference to a boot licking sign-off by
Mpofu on a letter he sent to
Mugabe.
This comes as the multi-millionaire Mpofu has challenged a
Canadian
non-governmental organisation Partnership Africa Canada (Pac) to
prove he
splashed $20 million on properties in recent years using money
obtained from
Marange diamonds.
Pac had released a report claiming
that looting at the Marange diamond
fields had worsened, with Mpofu and
military chiefs being the chief
culprits, adding he had spent $500 000 on
philanthropic activities.
Recently, Mpofu splashed close to $30 million
to bail out financial
institution ZABG Bank.
http://www.thezimbabwean.co.uk
Documents leaked to The Zimbabwean suggests that
Reserve Bank of Zimbabwe
officials took advantage of chaos at the central
bank to make shady
purchases of farming equipment under the Farm
Mechanisation initiative
adopted during the quasi-fiscal era. The initiative
involved buying
equipment such as tractors, generators and combine
harvesters in bulk for
free distribution to people mostly aligned to Zanu
(PF).
21.11.12
by Tawanda Majoni
At the height of a
decade-long economic meltdown that started in 2000, the
RBZ assumed the role
of the Ministry of Finance, with Governor Gideon Gono
arguing that it was
necessary to do so in order to save Zimbabwe from
economic collapse in the
face of targeted sanctions.
A management report done by auditors BDO
Kudenga and Co for the year ended
31 December 2008, reveals one instance of
the abuses of the mechanisation
scheme, and indicates that Bank officials
could have prejudiced the bank of
close to $2million through the purported
purchase of generators.
According to the auditors, RBZ made payments to a
supplier called Trade
Access for the supply of the generators, but “the
quantities received…do not
match the quantities ordered as per invoice” and
“the difference could not
be explained”.
When the auditors asked the
bank to provide a reconciliation it emerged
that, in most cases, there were
shortfalls that a highly placed source said
had not been accounted for to
date.
Records show that RBZ ordered a total of 200 40 KVA Kipor Diesel
generators
at a unit price of US$20,000, but none were delivered even though
payment
was claimed to have been made.
This prejudiced the bank of
$4million. It lost a further US$378,000 when it
ordered 400 20KVA Kipor
generators, of which only 20 were received at a
purchase price of $7,000 per
unit.
According to our source, in order to cover up for the fraud,
officials
connived to buy large amounts of smaller generators, such as the
10KVA Kipor
and 5.5KVA Amec generators, but a close analysis of the figures
still shows
a loss of US$1.77million.
The auditors reported
highlighted this as “potential for fraud” and
recommended that RBZ should
reconcile the matter with the supplier. RBZ
management had promised to
investigate the transactions with Trade Access,
but, according to our
source, the recommendation has not been followed to
date.
Gono did
not respond to questions sent to him four weeks ago, even though
his senior
personal assistant acknowledged that he had seen them, while
Trade Access
could not be traced for a comment.
Gono has routinely insisted that he
conducted business at RBZ aboveboard,
even though he has ducked appearing
before the Parliamentary Finance
Portfolio Committee to answer to
allegations of corruption and fraud during
the quasi-fiscal
period.
Munyaradzi Kereke, Gono’s former advisor, has approached the
Zimbabwe
Anti-Corruption Commission with a 23-page dossier detailing alleged
corruption at the RBZ.
Excessive borrowing
In the dossier
dated 8 October 2012, Kereke projects that Gono could have
offset the
collapse of banks through excessive borrowing from them, and
accuses him of
abusing his office by bringing pressure on the financial
institutions to
lend him the money.
“Gono is the Governor of Zimbabwe’s Central Bank. By
excessively borrowing
from almost every other bank, he directly undermined
his independence and
objectivity in supervising them,” stated
Kererke.
He said two banks Gono borrowed from, Rennaissance and Interfin,
“virtually
collapsed…on the back of bad loans” and challenged the governor
to “produce
the list of assets he used to serve as collateral for the
$40million plus
borrowings from the banks”. The Constitution explicitly bars
anyone who
fails to repay borrowed loans from holding public
office.
Kereke also alleges that RBZ wrote off $6.5million that it was
defrauded of
by a company called Saltlakes, owned by Temba Mliswa. The case
was reported
to the police under reference number CID Homicide Harare DR
15/07/10, but is
reported to have been parked.
A document in our
possession indicates that Senior Assistant Commissioner
Simon Nyathi, the
Officer Commanding Criminal Investigation Department, on 8
September 2011
wrote to Gono querying the manner in which RBZ had handled
the Saltlakes
case.
According to Nyathi, Saltlakes borrowed the $6.5 million from RBZ
through a
Memorandum of Deposit in 2009. He allegedly purchased tobacco from
farmers
but subsequently tried to avoid repaying the loan by claiming that
the
tobacco had been spoilt by moisture. In his letter, Nyathi quizzed Gono
on
why RBZ was dealing directly with Mliswa even though arrangements had
been
made for the repayment to be done through CBZ, a bank in which Gono has
an
interest.
“Why was communication from RBZ… being directed to
Saltlakes and not through
the CBZ Bank who had been given the responsibility
of managing the
day-to-day aspects of the facility?” queried
Nyathi.
He further probed: “Would the RBZ write off the amount owed in
this behalf
(sic) and if so, under what circumstances?” and wondered why
Gono had okayed
a loan to a private individual using public
funds.
The Finance Portfolio Committee has indicated that it still
intends to probe
Gono, despite the Governor apparently enjoying backing from
a powerful
clique in Zanu (PF).
http://www.herald.co.zw
Thursday, 22 November 2012 00:00
Isdore
Guvamombe
Zimbabwe has agreed to set up a new visa application system
specifically for
the Chinese market as the country moves into top gear to
tap into the 70
million outbound Chinese tourist market.
Ever
since Zimbabwe launched the Look East Policy about a decade ago, visa
application in the vast country has been centralised to the Zimbabwean
Embassy in Beijing, forcing all tourists intending to travel to Zimbabwe to
fly to Beijing.
The Principal Director of the Department of
Immigration Mr Clemence Masango
told exhibitors at the China International
Travel Mart, in Shanghai, China
that he was responding to complaints from
Chinese tourists.
“We will be introducing a new visa management system
where Chinese visa
applicants can apply on-line. While applicants have had
to travel to Beijing
where the Embassy of the Republic of Zimbabwe is housed
to apply for visas,
this will be a thing of the past as this will now be
done on-line thereby
reducing inconveniences for the potential
traveller.
“While we recorded 30 000 Chinese arrivals in 2011, this new
system should
see a marked increase in arrivals from 2013
onwards.
“We have already tried and tested the system with two countries
so far, and
it has proved to work effectively,” he said.
Zimbabwe’s
tourism and hospitality industry has always reiterated the need
to
aggressively tap into the Chinese market as China is one of the fastest
growing economies in the world and this shift in the Visa regime is expected
to unlock the potential.
Zimbabwe Tourism Authority chief executive
Mr Karikoga Kaseke welcomed the
development.
“While we received 30 000
arrivals from China in 2011, our vision for the
Chinese market is 50 000
arrivals by 2015. Timeous and hassle-free issuance
of Visas will see us
realising this vision as it will complement our
marketing efforts,” said Mr
Kaseke.
The latest development comes at a time when the tourism and
hospitality
industry in Zimbabwe has intensified efforts to keep a big
presence in
China, where 70 million tourists leave for other countries
annually.
Secretary for Tourism and Hospitality Industry, Ms Margret
Sangarwe said:
“China is a massive country with over 70 million outbound
tourists which
need to be aggressively tapped into for Zimbabwe to gain a
substantial
market share.
“Currently very little is known in this
market yet there is so much for
Chinese tourists to explore in both our
natural resources and investment
opportunities” she said.
“China is
known as Zimbabwe’s all weather friend in Asia and these bilateral
relations
which date back to the liberation struggle of Zimbabwe need to be
nurtured
for mutual benefit of the two countries and tourism can be the
gateway to
achieve this. There is need therefore for us to make consented
efforts to
assert ourselves in the market as serious players are ready to
attract and
receive Chinese tourists,” she said.
http://www.voazimbabwe.com
Mark Peter
Nthambe
21.11.2012
HARARE — Zimbabwe’s indigenous languages face
extinction due to lack of
incentives for growth, says international
development scientist, Dr.
Charlton Tsodzo.
Speaking at a conference
organized by the U.S Embassy’s Public Affairs
Section in Harare on Tuesday,
Dr. Tsodzo, who comes from the famous Tsodzo
family of Shona writers, said
indigenous languages are lagging behind in
development to such an extent
that some of them face extinction:
Language, he said, “is a tool for
meanings and communication that develops a
people’s culture. The death of a
language means the annihilation of their
cultural norms and
values.”
Tsodzo said because of changing trends, most people in Zimbabwe
no longer
worry about using their local languages as they use English on a
daily
basis.
Companies like Microsoft have started work on software
that will incorporate
indigenous languages such as Swahili, Hausa, Yoruba,
Zulu, Holof and others
to take advantage of the more that 150 million
Africans that use them while
the owners of the languages look down upon
them, said Tsodzo
Zimbabwean minority languages include Chewa, Chibarwe,
Kalanga, Nambya,
Ndau, Sotho, Tonga, Tswana, Venda and Xhosa, among
others
His organization, Maendeleo, is currently working with some
government
departments to translate important policy documents into local
languages.
A young cultural activist, who also attended the event,
Rudombo Tenga said
young people are shunning local
languages.
Zimbabwe is currently working on a new constitution with
political parties
still bickering over some sticking issues including the
need to make
minority languages part of the country’s official languages
like Ndebele,
Shona and English.
Education Minister David Coltart
recently said the government has sourced $9
million to enable local people
to write books in indigenous languages which
could be used at schools.
http://www.swradioafrica.com
By Alex Bell
22
November 2012
South African sugar company Tongaat Hulett is facing even
more pressure from
the ZANU PF led Empowerment Ministry, which is now
reportedly investigating
the company’s Zim operations for alleged
‘misrepresentation.’
Empowerment Minister Saviour Kasukuwere, who has led
a threatening campaign
against international companies that have been slow
to give in to the
indigenisation exercise, said this week that Tongaat
Hulett is being
investigated.
“We are investigating Tongaat Hulett
because there is a feeling that the
company lied about the ownership
structure of Hippo Valley and Triangle.
This could be a futile attempt to
evade indigenisation. Government suspects
the company directors deliberately
supplied false information and, if this
is true, they will definitely go to
jail,” Kasukuwere said.
These are not the first threats Kasukuwere has
issued to the sugar producing
giant, which was given a two week deadline
last month to submit its plans to
parcel out more than half of its
shareholding. Tongaat Hulett’s sugar
operations in Zimbabwe comprise the
wholly owned Triangle Sugar operation as
well as a 50.3% holding in Hippo
Valley Estates.
In a letter dated October 23rd and addressed to Triangle,
the Ministry of
Indigenisation warned that it was losing patience with the
sugar company
and, “should we not receive a proper compliant plan within the
prescribed
period, ministry and government would take it that shareholders
of Triangle
are not interested in continuing to do business in the
country.”
Tongaat Hulett has not commented on what it plans to do next,
although if it
does give in it will join a list of other big name companies
who have
detailed their 51% share-handover plans.
But economist John
Robertson has said that the threats are not helping
Zimbabwe, and are
instead ensuring that future investors steer clear of the
country.
“There is no useful purpose to these threats and these
menacing statements.
The message it will be sending to other international
investors is that
Zimbabwe has an extremely hostile investor climate, and
they will stay far
away,” Robertson warned.
http://www.swradioafrica.com
Wednesday, 21 November 2012
The MDC is
astounded by the allegations by Dr. Lovemore Madhuku that
President
Tsvangirai’s stance on the constitution making process shows he is
childish.
It is one thing for Professor Madhuku to constructively criticize
our
President and it is another thing to hurl empty insults at President
Tsvangirai as if someone is on a Zanu PF payroll.
The stance taken by
President Tsvangirai is that the constitution making
process being
undertaken under article 6 of the Global Political Agreement
is a
parliamentary process in which principals must play a minimalist and
largely
facilitative role.
This is in line with the crucial doctrine of
separation of powers. It is
clear from the wording of Article 6 that the
drafters of that article and
the signatories thereto intended this process
to be a parliamentary process.
Further in line with article 6, Copac was
appointed and did carry out an
outreach program designed to enlist the views
of Zimbabweans on what they
want included into the constitution. Thereafter,
Copac produced a draft
constitution that was presented by Copac to the
Second All Stakeholders
Conference.
In terms of the Global Political
Agreement, Copac must submit its draft and
report to parliament. Only then
can the executive through the Minister for
Constitutional and Parliamentary
Affairs get seized of the document in
preparation for the referendum. Any
changes to this process are tantamount
to rewriting the Global Political
Agreement.
The current draft constitution is a product of the outreach
programme and
the political negotiations that took place during the drafting
period. Most
of the issues that delegates disagreed on during the Second All
Stakeholders
Conference were the very issues in respect of which the
Management Committee
engaged in extensive negotiations. Therefore no useful
purpose is served by
renegotiating the same issues at whatever
level.
It is regrettable that Professor Madhuku does not seem to
appreciate this
impeccable reasoning on the part of President Tsvangirai. It
is even more
astounding that Madhuku does not appreciate the very positive
achievements
in this constitution. Maybe this is because he rejected this
document before
it was even written. This, in our view is a serious
misinterpretation of the
processes guiding the constitution making. The
professor’s judgment is
seriously impaired by his fanaticism on Mugabe and
is indeed misguided.
The Last Mile: Towards Real Transformation!!!
http://www.swradioafrica.com/
Press Release: 22 November 2012
NCA’S RESPONSE TO
MDC-T
The National Constitutional Assembly (NCA) dismisses with the
utmost
contempt a press statement from the MDC-T’s Information Department
attacking
the NCA Chairperson Professor Lovemore Madhuku over comments
attributed to
him in the state controlled Sunday Mail newspaper dated 18
November 2012. It
is unfortunate that there are some in the MDC T who appear
to be paid to get
emotional and angry on behalf of their party president
much to the detriment
of their own misplaced political reason.
The
statements attributed to Professor Madhuku are in no way a deviation
from
the values and principles of the NCA as they relate to the continuing
struggle for a people driven constitution as opposed to the fallacy and
national disaster that has been the political principals’ undemocratic COPAC
process. For the MDC-T to want to lecture the NCA and its leadership on
constitutionalism is the height of political hypocrisy and a deliberate
continual misleading of its supporters in order for its leaders to continue
feeding at the ill-gotten trough of personalized political opportunism and
naivety.
It is no longer a secret that the MDC-T deviated and
compromised from the
principles which laid the base of their formation as
far as constitution
making is concerned by shamelessly embracing Article 6
of the GPA. The MDC
founding manifesto in 1999, which was subsequently
adopted by its inaugural
congress on February 28 2000, states.. ‘’that the
party rejects the current
appointed constitutional commission under the
Commission of Inquiry Act, and
will facilitate the writing of a peoples
constitution through a
constitutional commission defined by and accountable
to a conference of
representatives of elected, civil and other social
groups, after mass
education on the constitution.
For the record we
wish to ask the MDC on what exactly they are calling
‘positive’ developments
in the draft when:-
• The COPAC Draft allows a very big government. There is
no limit on the
number of Cabinet ministers and deputy Ministers.
The
president is allowed to appoint as many Ministers and Deputy Ministers
as
he/she wishes. The president can use the unlimited numbers of Cabinet
positions for patronage, thereby wasting scarce resources on perks for
politicians.
• There are 2 Vice-Presidents
• The size of Parliament
has been increased by 60 MPs from the current 210
to 260.
• Parliament is
not given power to summon the President and ask him
questions on the
performance of the government.
• There are no term-limits for
Parliament.
• The electoral system is not conducive to a multi-party
democracy
reflecting all political opinions in the country. The
winner-take-all system
has been retained.
• There is no right to vote for
Zimbabweans in the diaspora.
• The Electoral Commission is not independent
enough to run free and fair
elections. For example, its chairperson is still
appointed by the President.
• There is no devolution of state power to
provinces.
Categorically, we wish to tell the MDC-T to stop fooling
Zimbabweans to
support this scandalous draft which they crafted together
with ZANU PF so
that they enjoy the same powers. Instead, their focus should
be in dealing
with their internal problems which range from corruption,
factionalism,
waning popularity and not spending time attacking the NCA and
its leadership
for its principled stance on the drafting of a new charter
for Zimbabwe.
The NCA re-affirms its position on the principle of a genuine
people driven
democratic constitution in our country.
We understand that
the struggle for democracy is far from being completed
and its intention to
resolve the national, class and gender contradictions
through social and
economic emancipation of all Zimbabweans.
In all our actions, we are guided
by the need to achieve a genuine
democratic constitution and the Peoples
Charter objectives, and will never
compromise, nor over-exaggerate any
component of the democratic struggle.
There is therefore nothing
retrogressive in the observations of the NCA as
this is located within the
context of National Working Peoples Convention,
the Peoples Charter and
aimed at building a truly democratic Zimbabwe.
We have no business with the
MDC whatsoever, as they are not part of NCA
because of their chameleonic
tendencies of being part of a bogus and
illegitimate money spinning
constitution making process.
The MDC-T must embrace the basic tenets of
democracy and criticism is part
of universally agreed principles of
democracy. Those who fight to silence
citizens voices like MDC-T must not
worry themselves because their struggle
was won long back by the
dictatorship we are fighting. We urge MDC-T to pay
focus on critical
governance issues that improves the life of ordinary
Zimbabweans.
NO
RETREAT, NO SURRENDER, NO FEAR UNTIL A DEMOCRATIC CONSTITUTION IS
ACHIEVED..TAKE CHARGE AND COMPLETE THE CHANGE!!!!!!
NCA Information
and Publicity Department
Bumbiro/Isisekelo House
http://www.newzimbabwe.com
21/11/2012 00:00:00
by
Staff Reporter
A JUDGE has told three Zanu PF activists that they
thrived in a climate of
intolerance as he jailed them for 10 years each for
the murder of a man they
suspected of voting for the MDC.
Nelson Nare
Mudau, 68, died six days after he and his two daughters were
savagely
attacked at their home in Beitbridge district by war veteran Boy
Ndlovu, 62,
Ben Tshidino Ndou, 58, and Ndangano Ndou, 53.
Justice Nicholas Ndou,
sitting at the Bulawayo High Court on Wednesday, was
critical of delays in
concluding the case triggered by the March 2002
murder.
The three men
pleaded not guilty to murder but to a lesser charge of
culpable
homicide.
Justice Ndou said he had been minded to jail them for 15 years, but
said the
time it had taken to prosecute them was
unacceptable.
“Zimbabwe is a democratic country where people are free to
join political
parties of their choice,” Justice Ndou told the men as he
jailed them for 10
years each, with five years conditionally
suspended.
“The attack perpetrated against Mudau and his family shows
that you have no
respect for human life.
“The polarisation of our society
seems to be fuelling political intolerance,
and you clearly thrived in
that.”
Lewis Maunze and Timothy Simbarashe Makoni, prosecuting, told how on
March
16, 2002, following the announcement of presidential election results,
the
three men had joined a group of Zanu PF supporters celebrating Robert
Mugabe’s
re-election.
The trio then conspired to go to Mudau’s home
and intimidate him for
allegedly voting for Morgan Tsvangirai, the leader of
the opposition.
They found Mudau with his two daughters and attacked them
with logs, fists
and booted feet.
Mudau and his two daughters were
admitted at Beitbridge Rural District
Hospital the next morning with serious
injuries, before he was transferred
to Gwanda Provincial where there were
better medical facilities.
But Mudau succumbed to his injuries on March
22, six days after the assault.
A post mortem report showed he died of septic
shock as a result of an
inflammation of the thin tissue that lines the inner
wall of the abdomen and
covers most of the abdominal organs.
The
pathologist also found that he had fractured ribs of the right side and
had
a collarbone fracture on the left side.
http://www.thezimbabwemail.net/
Staff Reporter 11 hours 17
minutes ago
PARLIAMENT will only intervene in the feud
between Professors Arthur
Mutambara and Welshman Ncube over the status of
MDC Parliamentarians if the
factions officially communicate their
positions.
Speaker of the House of Assembly Mr Lovemore Moyo yesterday said
Parliament
would not rush to take a position before the interested parties
make the
request.
He said he was yet to receive communication from the
rival factions.
“They haven’t communicated their positions to me, so I
wouldn’t want to be
seen to be instigating them to take any actions,” he
said.
“I will only be able to comment and explain the procedure when I am
confronted with a request.
“If a party says it is withdrawing its support
for so and so, then I will be
able to explain the procedures.”
The feud
between the two escalated on Monday when Prof Mutambara wrote Mr
Moyo and
Senate President Edna Madzongwe letters saying Prof Ncube had no
authority
to expel MDC legislators.
This followed the announcement by the Prof
Ncube-led MDC faction on Monday
that it had fired eight lawmakers and 49
councillors for indiscipline and
crossing the floor to MDC-T.
Prof
Mutambara advised Parliament’s presiding officers to disregard attempts
by
Prof Ncube’s faction to have the legislators fired.
The two are embroiled in
a wrangle for leadership of MDC and the matter is
still before the Supreme
Court.
It is understood that some of the axed councillors openly declared
that they
had defected to MDC-T. Section 41 of the Constitution is the one
that is
used to axe legislators from Parliament if they defect to another
party.
The secretary-general of a political party is required to write to the
Speaker of the House of Assembly and the Senate President informing them
that the legislators no longer represent their party’s interest.
However,
the Supreme Court is yet to make a determination of whom between
Prof
Mutambara and Prof Ncube is the legitimate leader.
Prof Ncube also expelled
49 councillors, but the Urban Councils Act does not
provide for the sacking
of councillors if they are fired from their parties.
MDC-T last year fired
the entire Chitungwiza council and the mayor on
allegations of corruption,
but they have remained councillors.
It is the same case with the 12
councillors the party recently expelled over
corruption allegations, they
have remained at work because the law does not
provide for their expulsion.
COURT WATCH 21/2012
[22nd November 2012]
Supreme Court Decides Anglican Church
Appeals:
Ruling For the Official Anglican Church and Against Kunonga
Camp
On
Monday 19th November the Supreme Court decided two appeals in favour of the
Anglican Church of the Province of Central Africa [“the Church”] – and against
breakaway former Bishop of Harare Nolbert Kunonga and his adherents. The Church has at last, after a five-year
legal battle, obtained a final court order confirming its legal right to
possession and control of the Church’s property in Zimbabwe – and putting an end
to the claims of Dr Kunonga and his adherents to Church property.
[The
background to the appeals was described in Court Watch 20/2012 of 24th
October.]
The
Meaning of the Decision
[Note:
“the Church” refers to the Church of the Province of Central Africa – the
long-standing “official” Anglican Church]
The
effect of this decision is to grant the Church an order:
·
prohibiting
Dr Kunonga from claiming to be the Church’s bishop of
Harare
·
prohibiting
Dr Kunonga and his “board of trustees” from:
·
claiming
to be office bearers in the Church
·
accessing
and operating the Church’s bank accounts
·
working
or doing business from any of the Church’s cathedrals, churches, chapels and
other immovable property
·
ordering
Dr Kunonga and his “board of trustees” to surrender all the Church’s movable
assets, including motor vehicles, to the Church
·
ordering
Dr Kunonga and the members of his “board of trustees” to pay the Church’s legal
costs in both the High Court and the Supreme Court cases.
The
Supreme Court’s decision was written by Deputy Chief Justice Luke Malaba. Judges of Appeal Vernanda Ziyambi and
Omeerjee concurred. It was read out in open court on Monday 19th November by
Justice Omerjee.
[Full
text of judgment
available from veritas@mango.zw]
Justice
Hlatshwayo’s Decisions both Overturned
Both
the appeals were against decisions handed down in the High Court by Justice Ben
Hlatshwayo awarding control of Church property to Dr Kunonga and his “board of
trustees” notwithstanding their breakaway from the Church, The Deputy Chief Justice said the question to
be decided was whether those people who had been members of the Board of
Trustees for the Diocese of Harare [Dr Kunonga and his adherents] relinquished
the right to control the Church’s property on 21st September 2007 [the date they
broke away from the Church].
The
Deputy Chief Justice said that the judge had gone wrong when he ruled that Dr
Kunonga and his “board of trustees” had continued to be members of the Church
and retained their former rights to control Church property. He had also erred in relying on the Church’s
failure to take “disciplinary action” against them. The Church could not, said Justice Malaba,
take “disciplinary action” against persons who no longer belonged to it. Both Justice Hlwatshayo’s decisions were
accordingly reversed.
Kunonga
Camp Created a Schism
The
Deputy Chief Justice, disagreeing with Justice Hlatshwayo’s interpretation of
what had happened, said he had overlooked aspects of the evidence led in the
case. After a detailed analysis of this
evidence, Justice Malaba ruled that in September 2007 Dr Kunonga and those
following him had voluntarily withdrawn from membership of the Church. In so doing, they had lost the right to
possess and control Church property.
Their
action in establishing a separate church, with a doctrinal position on
homosexuality differing from that of the Church, showed that they had “separated
themselves automatically from ... and ceased to form part of” the Church. These actions had created a “schism” –
defined as
“the separation of a church into two
churches or the secession of a group owing to doctrinal, disciplinary
differences” and,
said Justice Malaba,
“a person who is responsible for the
creation of a schism cannot be heard to say he or she has not withdrawn
membership from the former church”.
Summing
up, Justice Malaba said: “ From all the
circumstances of the dispute between the Church and Dr Kunonga and his
adherents, it is clear that they constituted the seceding party. They broke away from the Church citing
irreconcilable differences on the question of tolerance of homosexuality … It is
common cause that the property belongs to the Church. It has a right to an order for vindication of
its property from possessors who have no right to have it. The learned Judge was wrong in giving Dr
Kunonga and his followers the right to possess and control the property of the
Church without its consent. They had no
right to continue in possession of the congregational buildings when they had
departed from the fundamental principles and standards on which the Church is
founded.”
Contents
of the Judgment
Justice
Malaba’s judgment is well worth reading by
anyone interested in the story, not only lawyers. It goes into the whole question most
thoroughly.
·
It
gives a history of the Church of the Province of Central Africa,
showing that legally the Church has a Constitution with which all members must
comply and that under this Constitution the Church is headed by an
Archbishop. All Church members,
including Bishops, are bound by the Constitution to obey the lawful directions
of the Archbishop.
·
Ownership
of Church property in the whole Province
is owned by the Church but administered through separate Boards of Trustees in
each diocese, one of who is the Bishop of the Diocese.
·
Debate
on Homosexuality
Dr Kunonga and his followers insisted that the Church should not even allow
homosexuals to worship God in the Church and that Church members should not
associate with homosexuals or anyone who supported with or sympathised with
them. The Church doctrine states that
“The Church of this
Province believes that marriage, by divine institution is a lifelong and
exclusive union and partnership between one man and one woman. Its Law and regulation are based on this
belief.” It
also considers all men and women as God’s children and that homosexuals remain
human beings entitled to be treated with dignity as long as they do not practise
homosexuality in Church or against the law.
·
Steps
taken by Kunonga to secede On 4th August 2007 at a diocesan meeting Dr
Kunonga and his adherents resolved to secede from the Church over the
homosexuality issue. In a letter dated
21st September Dr Kunonga wrote to the Archbishop formally withdrawing the
Diocese of Harare from the Church.
·
The
Church’s formal response on 16th October was:
o
that
under the Church’s Constitution the Diocese could not be thus withdrawn from the
Church
o
that
the Church accepted that Dr Kunonga and his supporters had by their letter
“severed
relationship with”
the Church
o
to
declare the position of Bishop of Harare vacant, and to appoint a Vicar-General
pending installation of a new Bishop
o
to
direct the immediate surrender of all Church properties and assets to the
Vicar-General.
·
Kunonga
replaced On 7th November the Church appointed Rt Rev
Sebastian Bakare as Acting Bishop of Harare until the election of a substantive Bishop. On 20th December the Church revoked Dr
Kunonga’s pastoral licence.
·
Kunonga’s
formation of a new church Dr Kunonga and his followers did not
surrender possession of Church property.
And on 12th January 2008 they formed a new church called the Anglican
Church of the Province of Zimbabwe, with Dr Kunonga as archbishop and five
dioceses headed by bishops consecrated by him.
The Kunonga camp’s refusal to surrender Church
property resulted in five years of litigation described in Bill Watch 20/2012 of
24th October, culminating in the appeals to the Supreme
Court.
Comment
The Supreme Court judgment confirms that the Church throughout acted
in accordance with its Constitution and Canons [church laws]. It was Dr Kunonga and his adherents who did
not.
It is regrettable that it has taken so long for the matter to be
resolved – although the Supreme Court was commendably prompt in arriving at
Monday’s decision less than a month after hearing the appeal on 22nd
October. But earlier stages in the
litigation took too long in both the High Court and Supreme Court.
It is also regrettable that Dr Kunonga and his adherents refused to
comply with Justice Makarau’s carefully-crafted early January 2008 decision –
subsequently endorsed by other judges – that Church premises should be shared
for purposes of worship pending final resolution of the dispute. Instead, frequently resorting to violence or
with police assistance, they prevented Church members from using Church property
and seized de facto control of many properties from Church loyalists.
Remaining Questions
Getting back the properties The Church’s Bishop of
Harare, Chad Gandiya, who took over from Acting Bishop Bakare, has expressed the
hope that those in occupation of Church property will now voluntarily relinquish
it. Where this does not happen, it may
be necessary for the Church’s lawyers to obtain eviction orders from the High
Court. As with any court order in a
civil case, eviction orders would be carried out by the Deputy Sheriff – and the
police would be under a constitutional and legal duty to ensure that the Deputy
Sheriff is allowed to give effect to the evictions. A press report has quoted police
Commissioner-General Chihuri’s as giving a non-committal response to a question
on police readiness to assist [“I do not belong to that church”]. If correctly quoted, this is disquieting,
bearing in mind the police support enjoyed hitherto by the Kunonga
group.
Minister of Education’s offer of assistance Many properties are
involved, ranging from churches and rectories in over 70 parishes, to missions
and an orphanage, and hundreds of schools.
The Minister of Education has pledged to support the Church in the
renovation of schools which have been allowed to run down or converted to other
uses under the Kunonga regime.
The position in Manicaland diocese Strictly speaking, the
Supreme Court’s decision applies only to Church property in the diocese of
Harare. But it is a powerful precedent
for deciding any corresponding case in the same way. As mentioned in Bill Watch 20/2012, there was
a separate High Court case concerning the position in the Manicaland Diocese
where former Bishop Jakazi followed the Kunonga lead. In
that case – anticipating the Supreme Court by two and a half years – the judge
ruled Mr Jakazi had voluntarily left the Church and
had no rights to its property or to take part in its affairs. Mr Jakazi appealed, but his appeal was “struck off the roll” last month for
failure to comply with the rules of court.
As this was not a final dismissal, Mr Jakazi has since applied to the
Supreme Court to have his appeal reinstated.
To succeed in this he must, among other requirements, convince a Supreme Court judge
that his appeal has a reasonable prospect of success – a formidable task indeed,
given Monday’s resounding unanimous decision against the Kunonga camp on
identical facts. Meanwhile, the May 2010 decision that Mr Jakazi that has no rights to Church
property, or to take part in its affairs is fully operational, because currently there is no appeal in existence.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied