Pan African Lawyers Union (PALU) and Southern Africa Litigation
Centre (SALC)
Johannesburg, 26 November– In
a landmark legal request, the African Court on Human and People’s Rights has
been asked to use its advisory powers to determine whether the suspension of the
Southern African Development Community (SADC) Tribunal by the region’s leaders
was legal or not.
The
request for an advisory opinion was lodged by the Pan African Lawyers Union
(PALU) and the Southern Africa Litigation Centre (SALC) at the Court in the
Tanzanian city of Arusha on Friday, 23 November.
PALU
and SALC maintain that the decisions taken by SADC Heads of State and Government
to suspend the SADC Tribunal were unlawful since they violate judicial
independence, access to justice, the right to effective remedies and the rule of
law.
“A
positive ruling from the African Court is one of the last remaining avenues to
securing a revival of the SADC Tribunal and preserving the rule of law in
southern Africa,” said Nicole Fritz, Executive Director of SALC. “Without the
Tribunal, most of the region’s inhabitants – who cannot access credible domestic
courts – have no real prospect of securing justice and
redress.”
If
the Court rules that the suspension was illegal, it will be a definitive legal
determination of the lawfulness of the SADC Summit’s actions – a ruling that
SADC will find difficult to ignore given that it is required to coordinate its
policies and programmes with those of the African Union
(AU).
“The
Courts of the Regional Economic Communities (RECs), such as the SADC Tribunal,
are crucial in guaranteeing cross-border and inter-regional business and trade
investment, and just rule of law in which the rights of individuals, businesses,
groups and Member States are equally protected,” said Don Deya, Chief Executive
Officer of PALU. “Our request for an advisory opinion is part of an initiative
by African civil society to realise independent, empowered, effective and
efficient REC Courts all over the continent.”
In
their request for an advisory opinion, PALU and SALC have asked the African
Court to determine whether:
· The
decision by the SADC Summit of Heads of State and Government to suspend the SADC
Tribunal and not to reappoint or replace members of the Tribunal whose terms had
expired is consistent with the African Charter, the SADC Treaty, the SADC
Tribunal Protocol and general principles of the rule of
law;
· The
decisions of the SADC Summits of August 2010 and May 2011 violate the
institutional independence of the Tribunal and the personal independence of its
judges as provided for in the African Charter and the UN Principles on the
Independence of the Judiciary;
· SADC’s 18 August 2012 decision violates the right of access to
justice and effective remedies as guaranteed in the African Charter on Human and
Peoples, the SADC Tribunal Protocol and the UN Basic Principles and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International
Humanitarian Law; and,
· The
decision making processes undertaken in the review of the SADC Tribunal
jurisdiction are in compliance with the SADC Treaty.
The
request for an advisory opinion has been supported by a number of other
prominent regional civil society organisations, including the International
Commission of Jurists (ICJ) and the SADC Lawyers Association (SADC
LA).
“Regional civil society has waged a tireless advocacy campaign to
save the SADC Tribunal but despite our best efforts to engage with member states
and highlight their legal obligations, SADC leaders persisted in dismantling the
Tribunal,” said Arnold Tsunga, Executive Director of the ICJ Africa Programme.
“The African Court provides another chance to convince them to change their
policies and resurrect the Tribunal for the good of all southern
Africans.”
It is
a view echoed by Kondwa Sakala Chibiya, President of the SADC LA. “Obviously we
would have preferred SADC to have resolved this issue on its own and for us not
to have been forced to approach the African Court,” she said. “But after SADC
ignored the recommendations of the legal advisors it had appointed and its own
ministers of justice and attorneys general, there was no other option.”
The SADC Tribunal has been defunct for more
than two years after SADC leaders demanded a review of its powers and functions,
following a series of cases in which it had ruled against the Zimbabwean
government.
Despite a campaign spearheaded by legal
bodies, civil society organisations and individuals such as Archbishop Emeritus
Desmond Tutu, SADC’s leaders decided not to the revive the original Tribunal at
their Summit in August 2012.
Instead, they opted to destroy it, resolving
that a protocol for a new Tribunal would be negotiated and that the new
Tribunal’s mandate would be limited only to adjudication of member states’
disputes. The new Tribunal – shorn of a human rights mandate and with all access
by individuals, companies or organisations denied – will be little more than a
shell.
For further information contact:
Donald Deya, CEO of PALU +255 787 066 888
Nicole Fritz, Executive
Director, SALC – Tel: +27 82 600 1028; Email: Nicolef@salc.org.za
Arnold Tsunga,
Executive Director of ICJ Africa Programme – Tel: +27 73 131 8411
Makanatsa
Makonese, Executive Secretary of SADC LA – Tel: +27 72 571 4247
Ethel
Maphiwa-Ndlovu
Office
Manager
Southern
Africa Litigation Centre
t: +27
(0) 11 587 5000
f: +27
(0) 11 587 5099
www.southernafricalitigationcentre.org
Nov 26, 12:07 PM EST
BY JON GAMBRELL
ASSOCIATED PRESS
JOHANNESBURG
(AP) -- Zimbabwe uses laws and beatings by security forces to
suppress human
rights activists in the southern African nation ahead of
elections planned
for next year, according to a report released Monday.
The report by the
Observatory for the Protection of Human Rights Defenders
comes as President
Robert Mugabe is pushing for constitutional amendments
that will allow for
elections to end his ZANU-PF party's uneasy coalition
government with the
nation's main opposition party. That has some worried
that Zimbabwe could
experience the same repression and violence seen in its
2008 election, in
which at least 163 people were killed and some 5,000 were
tortured or
beaten.
"These stories paint a very, very gloomy picture about the
situation of
human rights defenders in Zimbabwe," said Thomas Sibusiso
Masuku, a former
high court judge in Swaziland who contributed to the
report.
The report highlights the struggles of several activists in
Zimbabwe, mostly
targeted by security forces and allegedly arrested for
flimsy causes. One
activist was detained for weeks and questioned about her
work after police
took her into custody saying her car was allegedly near
the scene of a
killing, according to the report. Another activist who was
investigating
abuses around Zimbabwe's diamond region was repeatedly
harassed, it said.
A third activist told investigators that security
forces abducted her from
her home in 2008 while she was in pajamas. The
activist said men repeatedly
questioned her about other activists while
beating the soles of her feet to
the point she suffered from internal
bleeding, according to the report. Days
later, the report said that security
forces took her to a police station.
They refused to allow her to be
admitted to a hospital, though she received
some medical
care.
Officials "took her back to prison, with the intravenous tubes
dangling from
her body," the report said.
Those not beaten often find
themselves at the mercy of laws in Zimbabwe that
make it difficult to hold
opposition meetings or publish critical articles,
according to the report.
It listed several circumstances where protesters
found themselves attacked
by riot police while peacefully demonstrating.
Mugabe and ZANU-PF have
ruled Zimbabwe since the country gained independence
in 1980. But his land
reform policies that have laid waste to the country's
once-thriving
agricultural sector and he has resorted to repression to hold
on to power.
After the 2008 election, Human Rights Watch accused the ruling
party and its
allies of involvement in the election killings.
Zimbabwe's government has
issued blanket denials of human rights abuses in
the past. Rugare Gumbo, a
ZANU-PF spokesman, dismissed the report as
"nonsense."
"We know all
these reports are all sponsored by the West," Gumbo said
Monday. "They are
preparing in the minds of the international community that
when we have
elections and ZANU-PF wins, to say they were not free and
fair."
He
added: "Zimbabwe is a peaceful country and there is no
violence."
Officials with the opposition Movement for Democratic Change
could not be
immediately reached for comment Monday.
While
acknowledging that the situation in Zimbabwe is "unlikely to improve
in the
near future," officials with the group who spoke to journalists
Monday in
Johannesburg repeatedly declined to specifically say Mugabe needed
to leave
office to allow for change. However, Arnold Tsunga, a past
president of the
Zimbabwe Human Rights Association, said a "change in the
system of
government" might be needed to end the apparent immunity from
prosecution
those who attack activists enjoy.
"These evil people who attack human
rights defenders will have their backs
broken ... only if they are not
allowed to destroy all the evidence," Tsunga
said. "We need to break the
cycle of impunity if the country is to move
forward."
The Observatory
for the Protection of Human Rights Defenders is part of a
French
organization called the International Federation for Human Rights, an
umbrella rights group based in Paris.
---
Associated Press
writer Gillian Gotora in Harare, Zimbabwe, contributed to
this report.
http://nehandaradio.com/
on November 26, 2012 at 2:18
am
By Myleen Sibanda | Nehanda Business |
Zimbabweans
are set to endure a miserable festive season of blackouts after
the Zimbabwe
Electricity Supply Authority (Zesa) announced a massive load
shedding
programme starting this Monday until the beginning of next year.
In
an emergency Power Supply Update released over the weekend, Zesa
spokesperson Mr Fullard Gwasira, said the power cuts would be necessitated
by an extensive maintenance programme at Hwange and Kariba power
stations.
“There will be an increase in load-shedding outside the
publicised schedules
from Monday 26 November due to a maintenance exercise
at Unit 2 of Kariba
Power Station,” he said. This be completed within a
period of 18 days.
Gwasira said “The power supply situation will be
compounded by Unit 3 of
Kariba Power Station that will be taken out on 15
December 2012 for a period
of six weeks for further technical
repairs.”
“Thereafter, the remaining units 1, 4, 5 and 6 will be out one
by one at a
time for a six-week period each for further technical repairs.”
Gwasira said
more maintenance work would also be done at Hwange Power
Station.
“Unit 1 of Hwange Power Station will be taken out on 7 December
2012 for a
20-day maintenance period,” he said. Gwasira urged consumers to
use the
available power sparingly to minimise the effects of
load-shedding.
So why have they picked the festive season?
The
original plan was to carry out maintenance between April and May, but
Gwasira said they realised it was the winter peak period and so they
postponed to December when demand is low after most companies close for the
holidays.
http://www.swradioafrica.com/
By Tichaona Sibanda
26 November
2012
One of the worst blackouts to hit Bulawayo this year left most of
the city
without power for more than 20 hours from Sunday evening to Monday
afternoon.
The Central Business District, as well as most the eastern
and western
suburbs were all affected. It is unclear why the supply was so
severely
interrupted but reports say torrential rains that fell in the city
over the
weekend may have caused the blackout.
Our correspondent,
Lionel Saungweme, told us the power cut happened at
around 6pm on Sunday and
power was restored to some areas by 2pm on Monday.
Power cuts are now a
common occurrence in Bulawayo because of a fundamental
shortage of power and
an ageing grid. The chaos caused by such cuts has led
to protests against
the power utility company, ZESA.
‘The blackouts are becoming more
frequent typically because of government’s
lack of investment in the energy
infrastructures, and which are also prone
to serious weather. This latest
power cut completely shut down production at
companies and critical
infrastructures such as telecommunication networks,
financial services,
water supplies and hospitals,’ Saungweme said.
He said authorities were
working to restore service to some areas that still
had no power, adding
that there are fears the power blackouts will become
more frequent, owing to
the lack of incentives to invest in national grid
infrastructure.
Saungweme said the widespread power outages seriously
disrupted business and
industrial activities which adversely affected
productivity.
He said, ‘It also caused disruptions and inconveniences to
residents. In
addition, such failure to provide a reliable service clearly
has negative
consequences for business confidence of both domestic and
foreign investors,
which in turn impacts on the country’s economic growth
targets.’
Patson Mbiriri, the secretary for energy and power development,
told an
annual congress of the Confederation of Zimbabwe Industries in July
this
year that energy-starved Zimbabwe will suffer longer and more frequent
power
shortages for the next 10 years.
Zimbabwe needs about 2 200MW
of electricity at peak consumption, but
generates just below 1 300MW while
relying on imports to fill the gap.
Mbiriri said the country will only be
able to generate enough power for
domestic and industrial power by 2022.
http://www.newzimbabwe.com/
25/11/2012 00:00:00
by Staff
Reporter
HEAVY rains pounded parts of Zimbabwe on Sunday –
including the parched
south – as the Met Services Department issued a
nationwide alert for flash
floods, heavy winds and hailstorms.
The
Met said the heavy rainfall, brought by a cloud system moving eastwards
from
Botswana, would continue until Wednesday night.
“This cloud band will be
accompanied by strong violent winds with heavy
falls in excess of 60mm in 24
hours, sometimes accompanied by hail. The wet
spell is expected to last
until November 28,” the Met said in a statement on
Sunday.
“Uprooting
of trees, flash flooding and destruction of infrastructure cannot
be ruled
out with this type of rainfall intensity.”
The Met warned the public
against attempting to cross flooded rivers and
bridges on foot or by
car.
“People should quickly move to higher ground if they notice that their
area
is becoming flooded, and they should not take shelter under trees
during a
thunderstorm to avoid being electrocuted.”
Bulawayo, which
has been in the grips of a serious water crisis, could ease
a
four-day-a-week water rationing schedule after significant inflows to its
supply dams.
The heavy downpour came as the city fathers had called
inter-denominational
prayers for Tuesday, November 27, to ask for divine
intervention.
The city’s public relations officer Bongiwe Ngwenya says
the prayers at the
Large City Hall will still go ahead, starting at
2PM.
“Residents and stakeholders are invited to attend the prayer and
thanks-giving day as we pray for rains in Bulawayo. You are also requested
to also invite members of your congregation and other members of society,”
she said.
Education Minister David Coltart, a resident of Bulawayo,
was glad to see
the heavens open up.
He said on Twitter: "Thank you Lord
for the wonderful rains in Bulawayo this
afternoon. 26mm at the last count,
still drizzling now."
http://www.swradioafrica.com
By Tererai
Karimakwenda
26 November, 2012
Anglican clergy and parishioners who
went back to worship in church
buildings that had been seized by the former
Bishop of Harare, Nolbert
Kunonga, have said for the most part parishes were
peaceful but they faced
resistance in some areas.
Kunonga’s followers
are also alleged to have poisoned a mango orchard at St
Paul’s Church in
Chinhoyi, in what is believed to have been an act of
revenge against clergy
and worshippers in the main Anglican church.
The process of taking back
the church buildings went peacefully in most
parishes, following last week’s
Supreme Court ruling ordering Kunonga’s
faction to return all seized
properties to the official Anglican church. The
court also acknowledged
Bishop Chad Gandiya as the Bishop of Harare.
Peaceful services were held
in many parishes, including Avondale, Cranborne,
Mabelreign, Mufakose,
Budiriro and Norton, where church services were
conducted midweek after
Kunonga’s bishops and priests moved out.
But strong resistance was
reported at three of Kunonga’s parishes on Friday,
including St Philip
parish in Tafara and St James parish in Mabvuku, where
Reverend Raymond
Makiwa is alleged to have threatened to unleash dogs on
anyone trying to
evict him.
Also resisting are Morris Brown Gwendenge and his wife Portia
at St Philips
Parish in Guruve. It is believed that Kunonga is directing the
resistance
from some hiding place and planning violence against the main
church, from
which he was ex-communicated in 2007.
Precious Shumba,
spokesperson for Harare Diocese, told SW Radio Africa that
it was Kunonga’s
son who poisoned the mangos, with unfortunate consequences
for
himself.
“Kunonga’s son Rutendo reportedly sprayed mango trees with some
undisclosed
poisonous substance and unfortunately for him his son was
playing outside
picked one of the mangos and consumed it. Immediately he was
taken very,
very sick to Chinhoyi Hospital,” Shumba explained.
He
added that the child recovered and is fortunately out danger. But the
news
was disturbing to many Anglicans, who said they believed the intention
had
been to poison those who in the main church who opposed Kunonga. Shumba
said
they had been told that police are dealing the matter.
Shumba said
inventories will soon be completed and a total of how much is
owed to local
authorities and the power company, ZESA, will be known.
He added that
those responsible for the unpaid bills will be held
accountable. According
to Shumba, an average of $3,000 is owed by parishes
in urban areas, with
those in remote locations owing an average of $1,000.
Regarding the
clergy who had left the main church and followed Kunonga after
the split,
and those who are resisting the supreme Court order, Shumba said
the Harare
Bishop Chad Gandiya has advised that they are welcome to rejoin
the church
as ordinary citizens.
“The Bishop said these people have to be forgiven
and where possible,
re-admitted as ordinary people, starting afresh to be
rebaptised,
reconfirmed and inducted on Anglican values because they had
been lost,
physically and spiritually,” Shumba said.
http://www.dailynews.co.zw
By Chengetayi Zvauya, Parliamentary Editor
Monday, 26
November 2012 10:26
HARARE - Anglicans yesterday failed to celebrate Mass
at two parishes in
Harare after bishops aligned to disgraced clergyman
Nolbert Kunonga locked
out parishioners.
Members of Anglican Church
of the Province of Central Africa (CPCA) failed
to hold their church service
after Raymond Makiwa of St James Mabvuku Parish
and one Mukariri of St
Philips Tafara Parish bolted the church premises.
At St Columbus
Kuwadzana Parish, Bishop Takokera Tandi reportedly threatened
to beat up
CPCA church wardens Felix Tashaya and Anthony Kanyama.
The two were
forced to call in riot police to control the situation.
Precious Shumba,
spokesperson of Anglican Harare Diocese, said church
members were forced to
hold services elsewhere.
“We understand there was resistance from
Kunonga’s sympathisers who denied
our members from Mabvuku and Tafara entry
into the church for Mass service,”
Shumba told the Daily News.
“To
avoid trouble, our members did hold their services somewhere not at our
churches. I understand the church is in the process of organising eviction
orders for the two members of Kunonga faction to vacate our
premises.”
Shumba said in other parishes, Anglican Church members of the
CPCA led by
Bishop Chad Gandiya managed to hold their church services
without any
incident.
“CPCA members across the Harare diocese have
been allowed to conduct church
and Mass services without any problems. We
are not using the altar until we
have held our cleansing ceremony next
month,” Shumba said.
“Our parishes held their two church services in the
morning around 7am and
9am at the parishes. I am at Mbare St Michael Parish
where our church
members are in a celebratory mood after the victory we had
over Kunonga. The
church services were conducted smoothly.”
Shumba
said Gandiya is in the process of visiting parishes in the Harare
diocese to
assess the situation. Yesterday, he visited St Faith Parish in
Budiriro, and
St Paul’s Marlborough and a church service was held in the
church.
“Bishop Gandiya is overwhelmed by the response he is getting
from the
Anglicans who are happy to be worshipping in their churches again,”
he said.
“I know the bishop attended church in Budiriro and Marlborough
in the
morning but on Saturday he was at Mhondoro St Michael’s Parish, where
he
presided over confirmation of 70 new members in Mhondoro including Chief
Mubaira, who has become our church member.
“I understand they did not
use the church because it could not accommodate
the people who had come and
attended the service, welcoming Bishop Gandiya.”
The Supreme Court ruled
last week that Kunonga had no title to Anglican
property and must hand back
all property to CPCA.
The ruling has brought peace and tranquillity in
the church except for a few
pockets of resistance and residual elements in
Kunonga’s faction who are
failing to come to terms with the ruling.
http://www.dailynews.co.zw/
Monday, 26 November 2012
09:51
HARARE - An NGO aligned to President Robert Mugabe’s Zanu PF has
written to
immigration authorities seeking the blacklisting of officials
from
Partnership Africa Canada (Pac) which recently claimed $2 billion has
been
looted from Marange diamonds.
Resource Exploitation Watch (REW)
which is a Zanu PF-aligned NGO involved in
the monitoring of mining
activities — has petitioned the chief immigration
officer to deny entry to
two directors of the Canadian civil society group
from entering the
country.
The chief immigration officer has been urged to declare Bernard
Taylor and
Allan Martin of Pac persona non grata. The two frequently visit
Zimbabwe to
carry out research.
“The two have been coming to Zimbabwe
frequently to conduct their
‘researches’ and their conduct is injurious to
the national economic
interest of Zimbabwe,” Tafadzwa Musarara, REW
chairperson said in the
letter.
“It is all clear that Pac, which is
funded by the US state department and
Canadian foreign ministry, is bent to
perpetuate the hostile foreign
policies of their funders.”
Musarara
claimed the two threatened national security.
Pac courted the ire of the
NGO after producing its damming report titled
Reap what you sow, greed and
corruption in Zimbabwe: Marange diamonds
fields. The group alleged that
there was systematic looting of proceeds from
sales made on Marange
gems.
According to REW, the timing of the report’s release was “well
calculated to
rubbish the diamond conference” in Victoria Falls two weeks
ago.
“In view of the foregoing, we therefore appeal to your office to
declare
persona non grata Allen Martin and Bernard Taylor in terms of
section
14(1)(a) of the Immigration Act, who are the authors of the report
and
directors of Pac,” read the petition.
Musarara claimed Pac’s
report which claimed that diamonds worth over $2
billion have been looted,
was false and contained malicious statistics meant
to discredit the
conference. Pac claimed that the involvement of military
personnel in
Marange has caused the death of more than 200 people and REW
claims the
Canadian based NGO has no evidence to such claims.
Marange diamonds have
been a source of conflict between Zimbabwe and some
international
organisations who allege that human rights violations are rife
in the mining
area.
Government has denied the allegations. - Xolisani Ncube
http://www.radiovop.com
Masvingo, November 26, 2012 - The President of the Chief’s
Council, Chief
Fortune Charumbira has ordered traditional leaders and Zanu
(PF) leadership
here to buy votes from villagers using funds acquired from
the
indigenisation programme’s community ownership scheme so that President
Robert Mugabe retains power in next year's elections.
Speaking during a
Zanu (PF) meeting for the community ownership scheme at
the Civic Centre
over the weekend, Chief Charumbira said: “The wealth and
funds coming from
these big companies should be used to appease and lure
back our supporters.
We should go there and drill boreholes, repair roads,
clinics and other
infrastructure so that we will win the hearts of the
people to support us in
the forth coming polls."
Youth Development, Indigenisation and
Empowerment Saviour Kasukuwere and
Local Government Minister Ignatius Chombo
attended the chief's meeting.
The meeting was held to prepare for the
launch of the community ownership
scheme in Masvingo to be addressed by
President Robert Mugabe. Foreign owned
companies operating in the province
have been forced to raise $10 million
for the scheme.
“We are talking
here of huge amounts of money and we can wisely use it to
our advantage in
elections. We need to make sure that we win the elections
and be a one party
state again by putting that money directly to the people
to support us,” he
said.
Charumbira lambasted Zanu (PF) leaders in Masvingo and warned them
to stop
factionalism ahead of the elections.
“Zanu PF her is a
laughing stock, we are always fighting each other along
factional lines for
selfish reasons while we are losing support.
We should stop that now and
focus our attention on retaining our lost
support so that we win elections
and now that we have this money from the
scheme we have an advantage,”
Charumbira said.
Companies that had been targeted to bank roll Zanu (PF)
campaign under the
guise of contributing to communities in the province
include, giant sugar
producers, Tongaat Hulett, Rio Tinto’s Renco gold mine,
Lithium giant Bikita
minerals mine, Murowa diamonds mine and Save valley
conservancies still
owned by white operators.
Zanu (PF) has since
launched the Presidential inputs scheme, yet another
programme viewed by
critics as a vote buying strategy ahead of next year’s
break or make general
elections.
http://www.defenceweb.co.za/
Written by Dean
Wingrin
Monday, 26 November 2012 10:28
The plush Mount Nelson Hotel in
Cape Town was the venue for a three day
meeting between South Africa and
Zimbabwe to discuss a wide range of
security and defence issues affecting
both countries.
The South Africa-Zimbabwe Joint Permanent Commission on
Defence and Security
(JPCDS), an annual bilateral meeting held to discuss
matters of mutual
concern with respect to security, safety and defence that
affect the two
countries, held its 7th Session from 21 to 23
November.
The deliberations focussed on cross-border crime, human
trafficking,
counterfeit goods, rhino-poaching, and drug trafficking. The
South African
delegation was led by Minister of Defence and Military
Veterans, Nosiviwe
Mapisa-Nqakula, and included numerous Ministers and
Deputy Ministers from
the departments participating in the Justice, Crime
Prevention and Security
Cluster. The Zimbabwean delegation was led by Sydney
Sekeramayi, Minister of
State Security, and included the Minister of
Defence, Emmerson Mnangagwa.
Senior government and military officials from
both sides were also in
attendance.
The recent seizure of the town of
Goma in the resource-rich eastern
Democratic Republic of the Congo by the
M23 rebel group was “condemned in
the strongest terms”. The Commission
called for the halting of any further
advances and demanded an immediate
withdrawal by the rebels.
Around 2 000 South African National Defence
Force (SANDF) personnel are
currently taking part in peacekeeping
operations, including a large
contingent as part of the United Nations
peacekeeping force in the
Democratic Republic of Congo (MONUSCO). Two South
African peacekeepers were
wounded earlier this month after being caught in a
gun battle between the
army and rebels in the eastern province of North
Kivu.
The Commission urged SADC (the Southern African Development
Community) to
call on the United Nations to review the mandate of MONUSCO
with a view to
realign it to become more relevant to the security challenges
in the DRC.
The continued existence of transnational criminal syndicates
in both
countries was noted with concern. These crimes include irregular
migration,
international terrorism, drug and human trafficking, money
laundering,
poaching and illicit mining. Other areas of concern were the
smuggling of
tobacco, precious metals and other goods.
The Commission
noted further that the fight against corruption must be an
integral part of
the anti-crime measures as criminals are often aided by
corrupt
officials.
The Commission also noted with satisfaction the continued
liaison between
the South African and Zimbabwean security forces to ensure
effective border
patrols to curb illegal activities.
The 8th Session
of the Commission will be held in Zimbabwe in 2013.
http://www.swradioafrica.com
By
Tichaona Sibanda
26 November 2012
Residents in Harare have called on
the city fathers to accelerate and
improve service delivery in the capital
and desist from wasteful spending on
‘unnecessary’ vehicles for senior
officials.
The council is being roundly condemned for buying two top of
the range
vehicles for the town clerk Tendai Mahachi and Josephine Ncube,
the chamber
secretary. The vehicles will cost the cash-strapped municipality
close to
$350 000.
Local Government minister Ignatius Chombo and the
Mayor Muchadeyi Masunda
have apparently joined forces to defend the Council
decision to buy the
vehicles, a Toyota Land Cruiser V8 valued at $190 000
and a Jeep Grand
Cherokee valued at $117 000.
Simon Muchemwa our
correspondent in the city told us most residents are
against the purchase of
the vehicles and are riled that council is barely
able to carry out its
mandate to improve the image of Harare.
The residents have instead
implored the council to improve their service
delivery, in line with the
vision of the MDC-T led council that aspires to
foster national development
through effective delivery of services.
Muchamwa said residents view the
buying of the two vehicles as a ridiculous
waste of public
money.
‘They view the whole situation as ludicrous despite the fact that
the
purchase of the vehicles is part of the contractual obligations the city
has
on the two directors. They are saying if there is no money for basic
services so why should council go out of their way just to please two
officials rather than the millions of residents in the city,’ Muchemwa said.
http://www.dailynews.co.zw
Monday, 26 November 2012 09:58
HARARE - A
bid by a Harare residents’ group to block Harare City Council’s
2013 budget
from approval hit a brick wall on Friday after the High Court
dismissed
their application.
Justice Martin Makonese dismissed an urgent chamber
application filed by
Harare Residents Trust (HRT) meant to stop
operationalising council’s 2013
budget.
According to the residents
group, council did not comply with provisions of
the Urban Council’s Act
which stipulates that the budget should be
advertised in the press for
public notices.
However, council advertised the budget in the state media
on November 2,
inviting objections from stakeholders before November
26.
In their application, HRT, represented by its director Precious
Shumba,
wanted the High Court to declare the advertisement insufficient to
the
residents.
“The notice is inadequate, it gives residents less
than 30 days to object,”
read Shumba’s affidavit. “Further the notice was
only advertised in one
newspaper instead of two.
Finally the notice
was not posted at the offices of the city council for the
prescribed period
of 30 days.”
However, Justice Makonese ruled that the matter was not
urgent.
He said HRT should have filed an urgent application immediately
after
noticing the anomaly.
According to HRT, represented by Happy
Tsara from Tsara and Associates, the
local authority gave its residents 24
days to object to the proposed budget
instead of the stipulated 30
days.
Council argued that residents were aware of the budget as it was
posted at
all council polyclinics as well as council district
offices.
Charles Kwaramba of Mbidzo, Muchadehama and Makoni legal
practitioners
successfully represented the local authority. - Xolisani Ncube
http://www.swradioafrica.com/
By Tererai
Karimakwenda
26 November, 2012
Sunday, November25th, is commemorated
every year as the International Day
for the Elimination of Violence Against
Women. It is also the beginning of
the 16 Days Against Gender Based Violence
campaign, meant to highlight the
continuing problem worldwide.
This
year the theme is “From Peace in the Home to Peace in the World: Let’s
Challenge Militarism and End Violence Against Women!” And many organisations
around the world have planned activities to mark this important
occasion.
The “16 Days Campaign”, which originated in New York in 1991 at
the Centre
for Women’s Global Leadership (CWGL), is being observed in
Zimbabwe,
particularly at the popular Book Café where a full calendar of
arts
programmes and workshops was launched on Saturday.
There was a
fiesta involving different types of artists, who wrote conscious
messages on
the walls of the café, protesting violence against women
Speaking on our
Beyond Protest programme last Friday, Book Café organiser
Penny Yon said
they have also organised a 16-day campaign full of
entertainment and
educational workshops, in an effort to help end violence
against
women.
Politically motivated violence still affects women in Zimbabwe
more than any
other demographic group, making the 16 Days campaign very
important. This
year is particularly relevant in, following the recent
brutal assault of a
well-known actress by her boyfriend.
According to
reports that are based on available country data, between 15 to
76 per-cent
of women experience physical or sexual violence perpetrated by
men during
their lifetime. The violence takes place at home, at work, on the
streets
and in schools. It does not matter whether it is during peacetime or
in
conflict.
Women’s rights activist, Betty Makoni, who also heads the
Girlchild Network
in Zimbabwe, posted on her facebook profile: “All that I
have achieved today
for myself and thousands of girls round the world is
just driven by passion
and a determination to stop gross violations of
girls’ rights so that one
day girls reach their full potential as women
leaders.”
Part of the Girlchild Network’s mission is to monitor and
document gross
violations of girls’ rights in Africa, then use their global
advocacy
network to inform the EU, African Union and United
Nations.
The 16 days of activities at the Book Café will end December 8th
with a
special appearance by the acclaimed American hip-hop artist, Akua
Naru.
December 10th is Human Rights Day around the world and World AIDS Day
will
be commemorated on the 1st of December.
http://www.dailynews.co.zw
By Ndakaziva Majaka, Staff
Writer
Monday, 26 November 2012 10:09
HARARE - Gender and Community
Development minister Olivia Muchena said on
Saturday the budgetary
allocation to her ministry was insufficient to launch
a comprehensive
campaign against gender-based violence (GBV).
Muchena was speaking in
Harare at the commemorations of the International
Day for the Elimination of
Violence against Women and the ensuing 16 days of
activism against
GBV.
The 16 day-campaign against GBV, starting November 25, is
commemorated every
year around the world to raise awareness and trigger
action on this
pervasive human rights violation.
Muchena launched a
five-year national gender-based violence strategy (NGBVS)
for 2012 to 2015
yesterday, to promote awareness among Zimbabweans, but said
the campaign
risked being hamstrung by lack of finance.
Her ministry received only
$2,5 million out of the $3,8 billion national
budget for 2013.
“The
meagre resources allocated by government are not enough to improve
awareness
and effectively disseminate information to the vulnerable. The
ministry is
mainly dependent on private-public partnerships to run,” Muchena
said.
She said despite the meagre allocation, her ministry will
pursue
public-private sector partnerships to eliminate GBV.
“To
effectively prevent and respond to GBV, a multi-sectoral and
inter-agency
approach is needed and the NGBVS provides the platform for
awareness
promotion.” said Muchena.
In his budget presentation, Finance minister
Tendai Biti said government
recognises women as essential to the realisation
of food security, as well
as formal labour across various
industries.
‘‘Implementing the national gender policy through
mainstreaming gender
budgeting, reconstitution of gender focal persons,
capacity strengthening,
and dealing with GBV through strengthening of
requisite institutions is
government’s way of intervening to eliminate GBV,”
Biti said.
http://www.dailynews.co.zw
Monday, 26 November 2012 09:48
HARARE -
Uzumba Zanu PF MP Simbaneuta Mudarikwa has blasted the State
broadcaster ZBC
for failing to give adequate radio and television
transmission
countrywide.
“It’s unacceptable that 32 years after independence, we have
sections in
Zimbabwe which don’t get any radio from Zimbabwe and any TV from
Zimbabwe,
its criminal,” Mudarikwa told a workshop on access to information
at
Mazvikadei Dam on Friday.
Organised by the local chapter of the
Media Institute of Southern Africa
(Misa-Zimbabwe), the workshop — attended
by members of the parliamentary
portfolio committee on Media Information and
Communication Technology,
members from Parliament’s secretariat and
journalists from national media
houses — explored domestic laws and regional
protocols on freedom of
expression.
The licensing authority, the
Tafataona Mahoso-led Broadcasting Authority of
Zimbabwe (Baz), is sleeping
on the job, Mudarikwa said.
“Why are you there now, why are you there as
a commission when these people
don’t see TV or radio? The same thing
happened in Beitbridge, the same thing
happened in Mangwe constituency,
again. democracy is about everybody being
accommodated.”
The
straight-talking Zanu PF MP said Transmedia will have to give a better
signal and expand its reach amid reports the state-run Zimbabwe Broadcasting
Corporation (ZBC) is only reaching 30 percent of the country. ZBC runs all
broadcast media, which are seen as mouthpieces of Zanu PF.
ZBC
subsidiary Transmedia is the only signal carrier in Zimbabwe at present
and
has transmitters at Pockets Hill in Harare and Montrose Studios in
Bulawayo.
“It is critical that the delivery of the signal improve,”
Mudarikwa said.
“Most of these stations we don’t even know they exist.
Open the radio and
there is a noise like there is a snake in your radio; you
can run away.
“There is a need to improve the signal
carrier.”
Transmedia has said it is looking for $64 million to buy
transmission
equipment from China, South Africa and Europe for its so-called
National
Transmission Grand Plan.
Alfred Mandere, Transmedia CEO has
said in the past that Zimbabwe’s radio
and television transmitters are now
antiquated, with most of the equipment
dating back to 1974.
Mudarikwa
said it was unacceptable that ZBC as a national broadcaster beams
only to
towns and cities.
Media academic, Rashweat Mukundu described it as
self-defeating government’s
attempts to tighten control over domestic media
and block the efforts of
foreign outlets to beam unfiltered news into the
country.
“Just look at the number of satellite dishes, even in the rural
areas,” he
said. “Zimbabwe is the only country in Sadc with so many
satellite dishes.”
The Broadcasting Services Act bans foreign funding in
this capital-intensive
sector, making it very difficult for private players
to enter the market.
The Baz has licensed two private radio stations, the
Zimpapers-run Star FM
and Supa Mandiwanzira’s ZiFM.
Despite
constitutional provisions for freedom of expression, officials have
displayed an openly hostile attitude towards media freedom, and a draconian
legislative framework continues to effectively inhibit the activities of
journalists and media outlets. - Gift Phiri, Political Editor
http://www.scotsman.com/
Published on Monday 26 November
2012 00:00
ZIMBABWE’S ageing strongman Robert Mugabe has approved plans
to build a new
city for his party elite near his home town of Zvimba amid
suspicions that
diamonds will fund the project.
If completed, the new
settlement, situated 40 kilometres west of the capital
Harare in the hamlet
of Mount Hampden, could be the site of parliament, a
new Reserve Bank of
Zimbabwe building, a presidential villa and mansions for
VIPs, as well as
luxury hotels and shopping malls, press reports say.
Planners have
included a wildlife sanctuary for wealthy residents to relax
in – while
modern wind and solar stations mean that they should escape the
power
shortages that still dog most Zimbabwean cities.
A promotional video says
the city will “inspire future generations and serve
as the country’s
heritage,” according to the private newspaper Newsday. But
the lack of
clarity over the source of funding for the development has
sparked outrage
in Zimbabwe, where finance minister Tendai Biti of the
opposition Movement
for Democratic Change (MDC) has had to revise down
economic targets this
year because only a fraction of £374 million projected
taxes from diamonds
mined in the infamous eastern Chiadzwa fields has been
remitted to the
Treasury. ′Mr Biti says the gems are funding a “parallel
government” run by
Mr Mugabe’s Zanu-PF ahead of polls next year. The Zvimba
project is the
brainchild of local government minister Ignatius Chombo, a
former teacher
whose fabulous wealth was inadvertently revealed during messy
divorce
proceedings in 2010.
“A new university, technology centre, schools,
churches, hospitals and an
industrial site are some of the landmarks
promised in the video,” said
Newsday.
The development is modelled on
the exclusive suburb of Sandton in
Johannesburg, South Africa.
The
public works minister, the MDC’s Joel Gabbuza – who should be in charge
of
the project – said he was being kept in the dark: “The project is
shrouded
in secrecy. A parliamentary committee was appointed, which was
supposed to
be chaired by my ministry, but I later gathered it was being
chaired by
Chombo. When I queried it, I was told that Chombo was simply
there to
provide land,” he said.
Mr Mugabe’s spokesman, George Charamba,
downplayed the plans this weekend,
insisting only a parliament building was
to be built. “Could [the reports]
be referring to the new site atop Mount
Hampden for the proposed new
parliament which the Chinese have offered to
build at no cost to government
and the people of Zimbabwe?” he wrote in the
Saturday Herald.
But Minister Chombo said in a separate interview: “The
satellite city will
be properly planned with residential houses,
state-of-the-art shops, hotels
and offices. This will ease congestion in
Harare.”
Mr Mugabe, 88, was born in the Zvimba district and regularly
travels home.
The road linking Harare to Zvimba was recently
upgraded.
University of Zimbabwe political analyst John Makumbe told The
Scotsman:
“There are already workmen there. The money is largely coming from
the
Chinese. They will be compensated by diamonds they are mining from the
Chiadzwa fields.”
http://www.thezimbabwemail.net
SILAS NKALA/NQOBANI NDLOVU 7
hours 17 minutes ago
FORMER Zanu PF politburo member and
Cabinet minister Enos Nkala has
predicted a landslide victory for MDC-T
leader Morgan Tsvangirai in the
forthcoming general elections, tentatively
set for March next year,
describing his former party as “moribund”.
In an
exclusive interview with NewsDay in Bulawayo on Saturday, Nkala, who
is one
of Zanu PF’s surviving founding fathers, said his former party, which
has
been in power for the past 32 years, was headed for a crushing defeat
because most of its leaders were “too old to challenge the vibrant, young
labour-backed party”.
Nkala, who quit government and active politics over
two decades ago after he
was implicated in a motor vehicle scam — the
Willowgate scandal — said
contrary to recent poll surveys which predicted a
Zanu PF victory,
Tsvangirai remained ahead of the pack because of his wide
grassroots support
base.
“Tsvangirai and his party are still ahead of all
others. Even if you goto
Harare, Beitbridge, Matabeleland North, Manicaland,
Masvingo and everywhere,
you hear people talk about Tsvangirai and his
party,” Nkala said.
“Zanu PF was then a massive party, but now it is
moribund. It is too old and
what I know at the moment is that it is led by
(President Robert)Mugabe and
nothing else. In Matabeleland, Zanu PF no
longer has vibrant people. It is
just left with individuals who are too old
like me. It is totally finished.
What can a person of my age do to challenge
a new and strong party like
MDC-T?”
Nkala said only the MDC-T was “alive”
throughout the country, dismissing
other political parties as mere Zanu PF
“fragments” and “a waste of time”.
“Other little fragments must be forgotten.
I do not know if Zanu PF will use
other resources or diamonds where it has
an upper hand to gain votes or not,
but MDC-T is clearly in the driving seat
in terms of votes.”
He warned other parties that do not enjoy the same
popularity as Tsvangirai
and his party to desist from vote-buying.
“A
person cannot be bought. People will vote for the party that they hope
will
deliver a better future for them.”
Nkala’s remarks come at a time when Zanu
PF national chairman Simon Khaya
Moyo has publicly admitted that there was a
lot of vote-buying within his
party. Zanu PF national spokesman Rugare Gumbo
could not be reached for
comment at the time of going to print
yesterday.
Meanwhile, MDC-T national youth leader Solomon Madzore on Saturday
said his
party was poised for what he termed an “ocean
victory”.
Addressing journalists at Bulawayo Press Club, Madzore, who is
still
smarting from a 14-month remand prison spell for the alleged murder of
Police Inspector Petros Mutedza in Glen View, Harare, last year, said:“We
are going to have an ocean victory, not a landslide victory.
“I can
assure you that we have lots of support in the military and among
prison
officers. We are not worried about their (security chiefs) threats
not to
recognise our victory next year. They (security chiefs) represent
only
themselves and not ordinary members of the military and other security
establishments,” Madzore said.
He also threatened to prematurely announce
national election results to
safeguard against alleged manipulation by State
security agents.
“We have to protect our vote. As such, we are going to
announce our
independent election results after tallying the results posted
outside
polling stations. We are not scared of being arrested for trying to
protect
our vote,” Madzore said.
However, Zimbabwe Electoral Commission
(Zec) chief elections officer
Lovemore Chipunza Sekeramayi said Madzore
could be charged with flouting
electoral laws.
“It is illegal to do that.
Zec is the only authority that has the powers and
the right to do so,”
Sekeramayi said - NewsDay
http://www.insiderzim.com/stories/2280-gono-zanu-pfs-poster-boy-for-corruption.html?
Monday, 26 November 2012
06:05
Reserve Bank of Zimbabwe Governor Gideon Gonohad become the
Zimbabwe African
National Union-Patriotic Front’s poster boy for corruption
and financial
mismanagement, former United States ambassador to Zimbabwe
James McGee said
barely a month after the swearing in of the inclusive
government.
According to a diplomatic cable released by Wikileaks, McGee said
this after
meeting Finance Minister Tendai Biti, Industry Minister Welshman
Ncube and
Minister of State in the Prime Minister’s Office Gorden
Moyo.
They were complaining that the continued presence of Gono at the
central
bank complicated chances of getting assistance.
Biti said
that he was seeking a US$300 million line of credit for private
businesses
and short-term budgetary support from South Africa but he had
been told by
Finance Minister Trevor Manuel that Zimbabwe would not get the
money as long
as Gono remained in the picture.
Ncube said when he discussed credit
facilities with the business sector he
was told that recovery of a
collective total of US$204 million frozen at the
RBZ would be as important
as credit.
When he took up the issue with Gono he was told that the money
was gone. The
Joint Operations Command had ordered him to use the money for
the March
elections in a letter of indemnity signed by then Minister of
Security
Didymus Mutasa.
Moyo said Prime Minister Morgan Tsvangirai
had come up with a multi-pronged
approach to get rid of Gono. This included
putting pressure on President
Robert Mugabe, using the Southern African
Development Community and
marginalising him.
This long and interesting article can be found at
http://www.swradioafrica.com/Documents/Racial%20Discrimination%20in%20Zim.pdf
http://www.thezimbabwean.co.uk
Last week in the
latest of the Sokwanele “land debate” contributions, Dale
Doré used his slot
to critique our work in Masvingo. Since the publication
of the book,
Zimbabwe’s Land Reform: Myths and Realities, exactly two years
ago we have
had plenty of reviews, and a number of critiques. M
26.11.12
by
IAN SCOONES
Others have focused on the credentials and backgrounds of
the research team,
while others have questioned our sampling and
methodology. Still others have
called us names familiar to the discourse
from the liberation struggle
(sell-outs, collaborators, sympathisers,
liberals, apologists and so on).
Others have been plain bonkers or simply
abusive, and I won’t share these,
in case there is a family readership of
this blog.
All this shows the heated nature of the debate, and
frustrations felt. Doré’s
piece focuses on methodology, while offering no
new data to counter our
arguments. He questions our approach to the study of
complexity in
particular which aimed at discovering emergent patterns from
diverse data,
arguing instead for a model-driven reductionism. In this
regard he has
problems with our chapters on labour and markets, suggesting
that they are
neither novel nor revealing. Well, others disagree, and so do
I.
This data offers, I would argue, fundamentally new insights into
labour
regimes and market processes, which have not been discussed before,
and
certainly both chapters analyse the processes and outcomes in great
detail.
The frustrations Doré feels may be due to disciplinary preferences
(he’s an
economist), but exploring patterns and processes on the ground in
great
detail, I believe has important merits, and reductionist approaches
may do
violence to the complexity observed.
Also, as part of his
methodological assault, he disputes our use of
baselines against which
change is measured. But if you read the book you can
see we were careful on
this – using data on nearby communal areas, the past
work of Bill Kinsey and
colleagues on old resettlements, and the limited
available data on the
production and economics of commercial farms. And in
relation to the
baseline costs on investments, I am afraid he missed the
detail in the
footnotes which contains all the assumptions: the analysis
cannot thus so
easily be dismissed as ‘sheer nonsense’ Doré goes on to
accuse us of simply
creating ‘straw men’ myths to ease the flow of our
narrative.
This is
an argument I have heard before. Surely, people have argued, no-one
ever
believed these myths! Well, just take a look at any media commentary,
donor
document and many academic pieces and you will see these myths (and
many
more) are alive and well. A particularly pure form appeared in the
press
recently penned by UZ Professor Tony Hawkins if you need convincing
further.
Later, in the piece Doré also accuses us of lack of
triangulation, an
approach to probing the robustness of data. Triangulation
may be of methods
(and we used every method, qualitative and quantitative,
we found
appropriate) or of cases (and again the site comparisons, within
and between
clusters, was central in the book), although we do admit that we
did find it
difficult to gain perspectives from former farm owners and
workers, despite
many attempts. Finally, Doré accuses us of making
‘egregious’ ‘false claims’
about the process of land reform.
Again, I
beg to differ. Our book offered the stories of what happened on 16
farms –
all were different (as is clear from studies from elsewhere). The
simplistic
picture Doré paints, backed up not by empirical information but
by broad
proclamations, is not enough to understand the diversity of
settings,
processes and outcomes of Zimbabwe’s land reform.
Two years on (and why
did it take this long for this review to emerge?), we
actually have many
more cases to compare with, improving possibilities of
triangulation. In
several talks last week in Harare I presented the
following map, showing all
the studies I know about which have looked at
what has happened in the new
resettlements since 2000.
These include our Masvingo studies (green), the
African Institute of
Agrarian Studies district level research (purple), the
Ruzivo Trust studies
(now a book, yellow), the Livelihoods after Land Reform
small grant studies
(light blue) and a growing number of PhD studies (pink),
some which were
reported on in the Journal of Peasant Studies special issue.
It is an
impressive array, with pretty good geographical coverage, although
clearly
still some gaps. This is definitely an incomplete picture, so please
let me
know if you are doing something that is not captured here, as it is
an
important base for comparative analysis and reflection, both on
commonalities and differences.
While there are important variations
across sites, there is an emerging,
common story that Doré and others still
find difficult to accept. These are
indeed inconvenient truths. The
accumulating and converging evidence points
to the following:
A1
farms are doing relatively well (although could do better), with a solid
‘middle farmer’ group within them who are reinvesting profits from
agriculture in their farms. By contrast, A2 farms have struggled, although
things have improved since the end of hyperinflation and in the
multicurrency environment since 2009. They have been greatly assisted by
contract farming arrangements that have provided much needed capital and
inputs.
Private and community investment in the resettlement areas is
significant,
especially in the A1 sites. But more needs to be done, with
clear needs for
public investment in infrastructure.
Capture of farms
by high level, politically-connected elites has taken
place, and this varies
between different parts of the country, especially in
relation to proximity
to Harare. However even in these areas, the dominant
story remains small and
medium scale A1 and A2 farmers. A1 farmers,
particularly on land that was
invaded and occupied, are largely from nearby
communal areas and small
towns, while A2 farmers are predominantly former or
serving civil servants,
teachers and business people, with urban
connections.
The potential
for production across the resettlements is far from being
realised due to
inefficiencies in input markets, a lack of credit and rural
finance and the
high costs of transition in infrastructure, and up and
downstream
industries. However, production has not collapsed, and is booming
in some
commodities and areas. Markets may be informal, but they generate
employment
and spin-off benefits from economic linkages in an area.
There are
nuances and variations – yes complexity – but the picture is
increasingly
clear, as are the policy challenges. The now infamous five
myths we set out
to examine in Masvingo are rejected countrywide, although
with important
qualifications – as indeed we offered in the 288 pages of
small type in our
book for Masvingo.
In stark contrast to the Dale Doré diatribe on the
Sokwanele site, at the
SAPES Trust Policy Dialogue I spoke at last week, I
was pleasantly surprised
by the tone of the discussions. A sense of
pragmatism and realism prevailed
(mostly). The room was packed, with over
100 people attending from all sides
of the debate – the CFU was represented
in force, including the current
President, as was the MDC, with the Director
of Policy and Research, Charles
Mangongera, offering the discussant’s
comments. And representatives from the
Ministry of Lands were there too,
including the Minister, Herbert Murerwa.
Mandi Rukuni chaired the debate
superbly, and it was clear that there was
more agreement than many would
expect.
As Zimbabwe moves into a new phase, and a new election settlement
some time
next year, the more consensus building and solid debate around
facts and
evidence that occurs the better. Ibbo Mandaza’s SAPES Dialogues
are good
examples of such fora. Sadly unfounded accusations and gratuitous
swipes, as
in some of Doré’s piece, are not.
“This first appeared at
http://zimbabweland.wordpress.com/2012/11/26/more-inconvenient-truths/”
The Dumbutshena Report
The Government instituted a Commission of Inquiry into events surrounding Entumbane, conducted by the then Chief Justice Enock Dumbutshena. However, Mr Mugabe complained about its findings, and the Dumbutshena Report has never been made public.
Army defectors
The Entumbane uprising led to mass defections of ZIPRA members from the Assembly Points (APs). Defectors interviewed in the 1990s have stated they saw their decisions to leave the APs as life-preserving, or alternatively as reflections of their disillusionment with their experiences in the APs.
Some of this disillusionment was with what was perceived as a political bias in the army towards favouring ZANLA, especially where promotions were concerned.
ZIPRA members also commented on the growing number of ZIPRA soldiers who seemed to be “disappearing” under mysterious circumstances from army ranks, and to a growing paranoia among ZIPRA members, who, for example, began to imagine plots to poison them in the army.
It was thus disillusionment and fear, rather than any strong political motivation, that led ZIPRA soldiers to defect from the army and hence to a life on the run.
Those who defected took their weapons with them, and armed banditry increased.
The “discovery” of large arms caches in Matabeleland in February 1982 had major political repercussions for ZAPU.
The ZANU-PF leadership now openly accused ZAPU of planning an armed revolt, to make up for ZAPU’s comparatively poor showing in the 1980 General Elections.
ZAPU Cabinet Ministers Nkomo, Chinamano, Muchachi and Msika were dismissed from the Government and ZIPRA’s former military leaders Dumiso Dabengwa and Lookout Masuku were arrested with four others, and subsequently tried for treason.
The High Court later acquitted all the men on the treason charges, and referred to Dabengwa as “the most impressive witness this court has seen in a long time” and “the antithesis of [a person] scheming to overthrow the government”.
However, Dabengwa and Masuku and the four others were re-arrested and held in detention for many years.
The seriously ill Masuku was released in March 1986, to die in April, and Dabengwa was released in December 1986.
The harsh treatment given to ZAPU leaders in the wake of the finding of the arms caches – at least some of which were later found to have been planted at the instigation of white former members of the CIO working as South African agents – convinced many more ex-ZIPRAs that they could not expect fair treatment if they remained in the APs or in ZNA units.
Many – possibly thousands – of ex-combatants deserted at this time: the exact number remains speculative. The perception among ex-ZIPRA soldiers that they were being increasingly persecuted as 1982 progressed, led to more defections.
For example, six dissidents made the decision to leave the ZNA after their company commander announced in Lupane, in the late 1982 search for dissidents, that he would kill “dissidents” – meaning former ZIPRA guerrillas – in the company first.
By the end of 1982, there were many hundreds of ex-ZIPRA soldiers who had deserted the ZNA for one reason or another, and the availability of weapons in the bush helped snowball dissident growth.
At first, dissident operations were piecemeal, and complicated by the existence of Super ZAPU, although how active Super ZAPU was, in particular in Matabeleland North, is still partly a matter of conjecture.
They appear to have used southern Nyamandlovu as a corridor into the country at times, but whether they committed any crimes in that area or further north is not clear.
The Government increasingly used the anti-ZIPRA and anti-ZAPU rhetoric which had become apparent as early as 1980, and there was a change in semantics at this time, so that all armed robberies in Matabeleland became referred to as the work of “bandits” or “dissidents”.
There were also repeated speeches by Government officials linking ZAPU to dissidents.
In addition, from 1982, ex-ZIPRA combatants – and not just deserters – increasingly faced persecution: ex-ZIPRAs who had been formally demobilised and those still in the army were increasingly subjected to arrest and harassment.
Detention camps were established at St Paul’s in Lupane, at Tsholotsho, at Plumtree airstrip, and at Bhalagwe in Kezi, where the CIO interrogated ex-combatants.
Within army battalions, tensions ran high: ZANLA and ZIPRA each suspected the other of concealing arms, and ZIPRA members noticed the escalating arrest and disappearance of cadres from their ranks.
The response of ZIPRA ex-combatants and ZAPU officials to this was varied: many fled the country to become refugees in Botswana or Zambia, or to find work in South Africa, and some formed bands of armed dissidents.
Some of those who fled to Zambia were assisted by the UNHCR to escape to various European countries, while others were pursued and killed by Zimbabwean Government agents. Those who left frequently lost property left in the country, and many have never returned. According to Alexander:
…interviews with ZIPRA guerrillas consistently indicated that their persecution at this time, rather than the political rift, was the key in causing mass desertions. Many felt they had little choice but to flee or take up arms again to save their lives.
The dissidents themselves reveal that the 1980s war was one with no clear goal or direction. In the words of one dissident:
“… in the 1980s war, no one was recruited, we were forced by the situation, all of us just met in the bush. Each person left on his own, running from death.”
Another researcher who has interviewed dissidents in the 1990s, recorded comments which confirm the idea that self-preservation was the strongest motive ex-ZIPRAs had in becoming dissidents.
“We wanted to defend ourselves personally. Our lives were threatened.”
“Apart from defending ourselves, there was very little we wanted to achieve.”
“We were threatened. That was why I decided to desert.”
Those who deserted or demobilised with the simple intention of going home to start their lives again found themselves driven away by the arrival of 5 Brigade.
“They were hunting ex-ZIPRA members…and if they found [them], they killed those people.”
“If you say that you have been in the army, they would take you.”
“Some of us who demobilised, thought it best to return home because at least you could live in your own house. But little did we know that we were coming to a much worse situation.
“I did not even have time to spend my demob money before I had to leave to go to this second war…. Since you were a demobilised ZIPRA ex-combatant, they would immediately find you guilty and level you [i.e. kill you] as a dissident.”
In direct contrast to the Government’s claims that dissidents were being supported by ZAPU, dissidents express a sense of “abandonment by their leaders, who were often in jail or who actively dissociated themselves from, and condemned, their activities.”
At the same time, the dissidents “maintained their loyalty to ZAPU and tenaciously clung to their liberation war identity as ZIPRA guerrillas.”
This loyalty expressed itself in the attempts of the dissidents to echo ZIPRA command structures and ethics, even though they lacked high level political or military leaders and were few in number.
Operational Zones
In late 1983, the dissidents divided Matabeleland and parts of the Midlands into three operational regions, in accordance with ZIPRA principles.
The existence of Super ZAPU was a factor which encouraged the other dissidents to organise themselves along the lines of ZIPRA command structures, in order to help undermine and separate Super ZAPU from themselves.
The regions were as follows.
1. The Western Region, mainly Tsholotsho and Bulilimamangwe, which ran from the Victoria Falls railway line to the Plumtree railway line, and was under the command of a dissident called Tulane.
2. The Northern region, mainly Kwekwe, Lupane and Nkayi, which ran from the Victoria Falls Bulawayo railway line east to Silobela, and was under the command of three successive dissidents, first Gilbert Sitshela, then Mdawini, then Masikisela.
3. Matobo, Insiza, Gwanda and Beitbridge formed the Southern region, from the Plumtree railway line east to Mberengwa. One dissident interviewed commented that a Matobo unit was allowed to make contact with this southern structure only in 1986, because of fears of Super ZAPU. This region was under the command of a man called “Brown” in 1987.
Each region had a commander and a few platoons of 15 to 30 men, with sections of around five.
The dissidents faced operational problems: shortage of ammunition was a major concern, and this in turn led to a defensive strategy, with most dissident activities being restricted to night-time attacks or forays into villages for food, followed by hurried retreats and then lying low during hours of daylight to avoid being detected by troops. “What is five bullets against an army?” commented one dissident.
The dissidents’ commitment to seeing themselves as ZIPRA throughout this time, in spite of the absence of direct instruction from ZAPU, was instrumental not only in the swift demise of Super ZAPU, but also in the quick and orderly surrender after the Amnesty, when the dissidents obeyed the call of senior ZAPU officials that they should lay down their arms.
BILL
WATCH
PARLIAMENTARY
COMMITTEES SERIES
[24th November 2012]
Public Accounts Committee Meeting Open to the Public
Monday 24th November
The only committee meeting open to the public during the coming week
is this one:
Monday
26th November at 10 am
Public Accounts Committee
Oral
evidence from the Ministry of Mines and Mining Development on the 2009 and 2010
annual reports by the Comptroller and Auditor-General.
Committee
Room No 4
Chairperson: Hon
Chinyadza Clerk:
Mrs Nyawo
The meeting will be open
to members of the public, but as observers only, not as participants, i.e.
members of the public can listen but not speak.
It will be at Parliament in Harare.
If attending, please use the entrance on Kwame Nkrumah Ave between 2nd
and 3rd Streets and note that IDs must be produced.
This
bulletin is based on the latest information from Parliament. But, as there are
sometimes last-minute changes to the schedule, persons wishing to attend should
avoid disappointment by checking with the committee clerk [see below] that the
meeting is still on and open to the public. Parliament’s
telephone numbers are Harare 700181 and 252936.
House of Assembly portfolio committees and Senate thematic committees
will also be meeting during the week, but in closed session. They will be considering their work plans for
the session or finalising their post-Budget reports in readiness for the House
debate on the 2013 Budget.
NB:
Members of the public who cannot attend meetings, including Zimbabweans in the
Diaspora, can at any time send written submissions to committees by email
addressed to to clerk@parlzim.gov.zw
Veritas makes every
effort to ensure reliable information, but cannot take legal responsibility for
information supplied
BILL
WATCH 52/2012
[24th
November 2012]
Both
Houses of Parliament will Resume on Tuesday 27th
November
Budget
presented The Minister of Finance presented the 2013
Budget Statement in the House of Assembly on Thursday 15th November. At the conclusion of his speech the Minister
tabled the Estimates of Expenditure for the fiscal year 2013 [the 2013 “Blue
Book”]. Both the Budget Statement and the estimates of Expenditure
are available on the Ministry of Finance website www.zimtreasury.gov.zw. For those without Internet access Veritas can
email them on request [available
on request from veritas@mango.zw]
[Note:
these documents are large and may be difficult to download for those without
broadband; the Budget Statement is a zipped pdf document of 3.3 MB, the Blue
Book is a zipped Excel document of 3.5 MB].
A
noteworthy feature of the Blue Book is its inclusion of a “Ministry profile and
outputs”, signed by its accounting officer [in most cases, the permanent
secretary], for each and every Ministry.
These include statements of: major achievements during 2012; key result
areas; policy priorities for 2015; and tables of goals, outcomes, expected
output and indicators of achievement.
Expenditure – Selected Figures
[2012
amended figures are shown for comparison purposes]
Total projected expenditure: $3.82 billion [2012 – $3.62
billion]
All expenditure comes out of the Consolidated Revenue Fund [CRF] consisting of all government
revenues. True to the Minister’s guiding
principle that the government will only spend what it earns, the Budget aims to
align expenditure to revenue. The
breakdown is: employment costs 68.5%;
operations 16.8%; capital expenditure 14.6%.
Expenditure comes under two headings:
· Constitutional and statutory appropriations: $440 million [2012 $425 million]
· Vote appropriations: $3.42
billion [2012 – $3.2 billion] [see below for major vote
appropriations]
Constitutional and statutory appropriations [“cons and
stats”]
The Constitution and certain statutes [Acts of Parliament] mandate
these payments from the CRF for specific purposes. They do not have to be approved by Parliament
again during the current Budget exercise, but they must be covered by projected
revenue. Examples of “cons and stats”
are: the salaries and allowances of the President, the Speaker of the House of
Assembly and the President of the Senate, the judges and other constitutional
appointees such as the Attorney-General, Public Protector, Comptroller and
Auditor-General; all State pensions, including veterans and ex-political
prisoners pensions. Pension-related
payments account for the bulk of “cons and stats”. Amounts listed under this heading include:
· President’s salary and allowances:
$110 000 [2012 $105 000]
· Speaker’s and Senate President’s salary and allowances: $170 000 [2012 - $160
000]
· Public Service and other State pensions [ex-judges, Ministers, MPs
etc]: $231 million [2012 - $215
million]
· War veterans etc pensions:
$101 million [$102 million]
· Commutation of pensions: $54
million [$62 million]
Major
allocations to Ministries
[These and all the other “vote appropriations” in the Estimates
require the approval of the House of Assembly and enactment into law by the
Appropriation Bill. They include the
majority of State employment costs.]
2013 2012
Figures to nearest million
Education
..................................................
755 716
Health........................................................
381 301
Higher
Education ......................................
287 271
Defence
.....................................................
356 318
Home
Affairs [including Police] .................. 308 297
Agriculture
.................................................
148 184
Justice
[including Prisons] ............................ 96 88
Allocations
to Ministries incorporate expenditure for:
Constitutional
Referendum and Elections The Minister said the
amount needed for these “inescapable programmes” exceeds US$150 million, way above the proposed 2013 allocation of
US$25 million. He would therefore have
to rely on Government’s “friends and
partners” for assistance and would also look for funds from diamond
revenues.
Financing of
political parties The vote for the
Ministry of Justice includes $5 million for disbursement to political parties
under the Political Parties (Finance) Act.
Constitutional
Commissions Amounts allocated for
running costs are: Human Rights
Commission - $1 354 000; Zimbabwe Electoral Commission - $7 197 000; Media and
Information Commission - $314 000; Anti-Corruption Commission - $2 246 000.
Taxation
Proposals and Financial Sector Reform
Taxation No changes to income tax bands or rates are
proposed, but the tax exempt threshold for annual bonuses goes up to $1 000 with
effect from 1st November, covering 2012 end of year bonuses. Changes to customs duty to encourage local
manufacturers is also proposed, one of which has already been gazetted [see below]. There will be a “sin tax” [excise duty
increase] on clear beer and cigarettes with effect from 1st December, proceeds
to be earmarked for the education sector.
There will be other customs duty changes from 1st January 2014.
Financial
sector changes The Minister said there will be measures to
correct “corrosively high interest rates”
on bank loans and to mobilise domestic savings, such as
regulating high bank charges and requiring payment of interest on deposits. There will be Bills to make major amendments
to the Banking Act; to enact a new Deposit Protection Act and a Microfinance
Act; and to make detailed amendments to the Bank Use Promotion and Suppression
of Money-Laundering Act.
Business
in the House and Senate in the Coming Week
House
of Assembly
Resumption
of Budget debate on Tuesday 27th November The House of Assembly will start debate on
the Budget, starting with a contribution by the chairperson of the Portfolio
Committee on Budget, Finance and Economic Development.
After
the debate and the approval of the Estimates of Expenditure, the two Budget
Bills will be introduced in the House:
·
Appropriation
(2013) Bill
– to authorise expenditure in accordance with the Estimates of
Expenditure
·
Finance
(No. 2) Bill
– to make amendments to the Income Tax Act, the VAT Act, the Customs and Excise
Act, giving effect to changes proposed in the Budget statement. The Bill also contains provisions designed to
protect the assets of Air Zimbabwe Corporation and its successor company and the
Grain Marketing Board from being attached and sold to satisfy debts to their
creditors; for Air Zimbabwe this protection will lapse on 1st January 2015 [the
explanation given in the Bill’s explanatory memorandum is that this temporary
protection is to enable Air Zimbabwe to repay its creditors “in orderly
fashion”].
Motions:
There
are several motions on the Order Paper in addition to the
traditional
motion of thanks to the President for his speech
opening the session:
·
Hon
Gonese’s motion to revive his Private Member’s Bill to repeal section
121(3) of the Criminal Procedure and Evidence Act [the Bill lapsed at the end of
last session]. This is unlikely to come
up until Wednesday when private members’ business has precedence over Government
business. It remains to be seen whether
the motion will be stalled on the basis that the admissibility of Private
Member’s Bills is sub judice in a Supreme Court appeal [see Bill Watch 22/2012 of 23rd
May].
·
a
motion calling for reasonable remuneration for Government
workers
·
a
motion to revive a lapsed motion on a portfolio committee report on
challenges in the education sector.
Senate The only item on the Order Paper is the
motion of thanks to the President.
Expulsion
from MDC of MPs and Senators
The
Professor Welshman Ncube-led MDC on 19th November announced the expulsion from
the party of 3 members of the House of Assembly [Deputy Speaker
Nomalanga Khumalo, Thankeko Mnkandhla and Maxwell Dube]
and 2 Senators [Kembo Dube and Dalumuzi Kumalo]; all hold Matabeleland
seats. The MDC has told them that at a
time of its choosing the expulsions will be notified to the Speaker and the
President of the Senate to trigger automatic vacation of their in terms of
section 41(1)(e) of the Constitution.
Professor Mutambara, who was MDC leader at the time they were elected on
the MDC ticket, has written to Parliament saying the Ncube executive has no
right to take this step when the Supreme Court has not decided the contested
leadership issue [the Mutambara camp has lodged appeals against two High
Court decisions in favour of Professor Ncube]. Pending
receipt of the expulsion notifications by Parliament, all five individuals
retain their seats. And when/if such
notifications are lodged, the yet-to-be-heard Supreme Court proceedings may well
delay a final decision on their fate.
Appointment
of Private Voluntary Organisations [PVO] Board
A
General Notice [GN 504/2012] gazetted on 16th November announced the appointment
by the Minister of Labour and Social Services of the PVO Board. There are 21 members, as required by the PVO
Act – 5 representing PVOs at national level, 10 representing PVOs at provincial
level [one from each province], and six representing Government Ministries
specified in the Act. These members will
serve a three-year term of office ending on 2nd September 2015. Ms Lindiwe Chaza-Jangara of NANGO is the
chairperson. [GN with full
list available from veritas@mango.zw]
Government
Gazette 16th to 23rd November
Bills
Two
Budget Bills [see above] were
gazetted on 23rd November
[available
from veritas@mango.zw]:
Statutory
Instruments
Customs
Duty
Two SIs were gazetted on Budget Day to come into effect on 16th
November:
SI
178A/2012 – new duty on chicken imports
SI
178B/2012 – rebate of duty on fiscalised electronic registers, fiscal memory
devices and spares
Collective
bargaining agreement SI 179/2012 covers wages and allowances for
the commercial sectors for July 2012- June 2013.
Local
authority by-laws SI 180/2012 sets out new rents and service
charges for the Jahunda area of Gwanda municipality
Government
financial statements [these
have to be gazetted monthly and quarterly in terms of the Public Finance
Management Act] The
statements for September were gazetted on 23rd November.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied