The ZIMBABWE Situation
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Another Zuma mediation effort starts in Zimbabwe

http://www.swradioafrica.com

By Lance Guma
26 November 2010

South African President Jacob Zuma arrived in the country Friday as part of
endless regional efforts to diffuse political tensions that have paralysed
the shaky coalition government. His visit came two days after Prime Minister
Morgan Tsvangirai filed a High Court petition seeking to annul the
unilateral appointments of provincial governors made by an increasingly
intransigent Robert Mugabe.

Even as Zuma held meetings with the party leaders, political analyst John
Makumbe predicted he would go back ‘with half-baked promises from Mugabe’
and the trip was just another ‘wild goose chase.’ Even the fact that Mugabe
is the one who met Zuma at the airport sent out its own message. The
mediation effort has been littered with deadlines set and deadlines not met
and Mugabe has on most occasions reneged on promises, made even to his close
ally Zuma.

Instead of a firm mediation effort the South African leader has been accused
of cosying up to the ZANU PF leader, allowing him to get away with violating
the same power sharing deal that saved his skin when he lost elections in
March 2008. Reflecting the lack of seriousness by the regional SADC group
was the fact that last week the Zambian and Mozambican presidents failed to
turn up for a meeting of their organ on politics, defence and security, to
discuss Zimbabwe. This effectively cancelled the talks on the crisis.

Meanwhile some analysts have rounded on the MDC-T, accusing them of lacking
focus in their fight against Mugabe. With the life of the coalition about to
end and fresh elections inevitable, the wisdom of pursuing issues like the
appointment of governors, ambassadors and judges has been questioned.
Instead the party has been advised to focus on issues that have a real
bearing on the next election, like the voters roll, other electoral reforms
and a free media that includes independent broadcasters.


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Zim Journos Petition Zuma

http://www.radiovop.com/

26/11/2010 10:30:00

Harare, November 26, 2010 - Zimbabwe journalists on Friday petitioned
Southern African Development Community (SADC) facilitator Jacob Zuma and the
Zimbabwe government demanding an urgent halt to the continued arrest and
intimidation of journalists as well as the opening of the airwaves.

The petition, signed by journalists from both private and state media,
pressured the inclusive government to ensure a cessation of all harassment,
intimidation, illegal detention and criminalisation of the work of
journalists, media practitioners and media houses.

It cited the continued detention of The Standard journalist Nqobani Ndlovu
currently detained at Khami Remand Prison. Ndlovu has been in jail since his
arrest last week over a story alleging that police froze annual promotional
exams to cater for the readmission of war veterans and retired officers into
its ranks in preparation for elections next year.

The petition was also directed to Prime minister Morgan Tsvangirai,
Co-Ministers of Home Affairs Kembo Mohadi and Theresa Makone, Speaker of
Parliament of Zimbabwe, Lovemore Moyo and President of the Senate Edna
Madzongwe.

“It is our humble plea and submission that the Parliament of Zimbabwe should
take a leading role and act as a catalyst towards implementation of
repressive media laws which curtails freedom of expression," noted the
petition.

"We urge the government of Zimbabwe to immediately repeal all repressive
laws affecting media practice such as AIPPA, POSA, the Interception of
Communications Act, Criminal Law (Codification and Reform) Act and The
Official Secrets Act.“

Zuma is expected in Zimbabwe on Friday to try and solve the current
political probelms facing the inclusive government.

Tsvangirai has gone to court over the appointment of governors and
ambassadors which were done recently without his consultation.


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Standard Journalist Nqobani Ndlovu finally released from custody

http://www.swradioafrica.com/

By Tichaona Sibanda
26 November 2010

Standard Newspaper journalist Nqobani Ndlovu was released from Khami Prison
in Bulawayo on Friday, after the High Court dismissed an appeal by the state
against the granting of bail by a magistrate.

Ndlovu, who spent 10 days in custody, was arrested last week on Wednesday
over a story he wrote claiming police had frozen internal promotions this
year to accommodate war vets. He alleged the war vets were being recruited
to direct operations during next year’s anticipated elections.

After he was picked up by the police he was charged with criminal
defamation, which can attract a fine or a two year jail term if convicted.

When he appeared before a Bulawayo magistrate on Friday last week, he was
granted US$100 bail but the state invoked the draconian Section 121 of the
Criminal Procedure and Evidence Act, which meant he had to spend at least
seven more days in jail while the state appealed.

However, Bulawayo High Court Judge Nicholas Mathonsi on Thursday threw out
the state’s appeal, arguing that it was wasting time as the appeal had no
merit. But Ndlovu had to wait until Friday afternoon to be released because
prison officials said they had knocked off by the time the judgment was
delivered on Thursday.

Zimbabwe Union of Journalists (ZUJ) President Dumisani Sibanda told us the
practice of invoking Section 121 to keep individuals in custody is
undemocratic.

‘I’m not a lawyer but I will tell you that the practice of invoking that law
is nonsensical. Nqobani is not a criminal but a professional who was denied
his freedom because of undemocratic laws that are still being used in the
country,’ Sibanda said.

The ZUJ President, who happens to be Nqobani’s workmate at ALPHA Media
Holdings, publishers of the Zimbabwe Independent, The Standard and NewsDay,
said his colleague was still focused and determined to continue working
despite his ordeal.

‘He’s a strong character, the prison has not broken his spirit from what I
saw but his only worry was the conditions of being kept in confinement with
hardcore criminals,’

Nqobani’s arrest received national and worldwide condemnation, with human
rights groups accusing police of being heavy handed. Sibanda said a
petition, drawn up by the Media Alliance of Zimbabwe (MAZ), was presented to
Prime Minister Morgan Tsvangirai at his Munhumutapa office in Harare on
Friday.

The petition calls on the inclusive government to ensure an end to all
harassment, intimidation, illegal detention and criminalisation of the work
of journalists, media practitioners and media houses.

It also calls for the reconstitution of the Broadcasting Authority of
Zimbabwe, to urgently facilitate the registration of new, independent,
players in the broadcast industry.

The petition was signed by more than 100 journalists and media practitioners
and was also copied to President Jacob Zuma of South Africa, in his capacity
as the SADC appointed mediator to Zimbabwe. Zuma arrived in Harare on Friday
for talks with Robert Mugabe, Tsvangirai and his deputy Arthur Mutambara.

‘One thing I don’t understand is how a journalist can be arrested for
highlighting something wrong with a government department. Why should we be
seen lavishing and praising the police when they are doing wrong things?
This is what the law is asking us to do. It is ridiculous,’

‘We celebrated when we saw the arrival of the Zimbabwe Media Commission and
the licensing of new players in the print media. But I guess our
celebrations were too early because even with 100 independent newspapers, if
you are not allowed to operate freely, like the case in Zimbabwe, there is
no reason to celebrate,’ Sibanda said.


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Anger as Mugabe prepares to attend EU summit

http://www.swradioafrica.com

By Alex Bell
26 November 2010

There has been an angry reaction to Robert Mugabe’s planned attendance at a
European Union (EU) summit in Libya next week, with the EU coming under fire
for continuing to host a known human rights abuser.

Mugabe will be attending the EU-Africa summit in Tripoli next Monday, where
ironically one of the issues to be discussed will be ‘good governance’.
Under the main theme of Investment, Economic Growth and Job Creation, Heads
of States and Governments will address key issues, like peace and security,
climate change, regional integration and private sector development,
infrastructure and energy, agriculture and food security, migration.

Mugabe has been officially invited to participate as a head of state,
despite being the author of Zimbabwe’s economic, political and humanitarian
destruction. It is his policies and his party’s greed that have left the
country with a shattered economy, created international investment fears,
and forced millions of Zimbabweans to flee the country. His land grab
campaign has left the country with almost no functioning commercial farms,
so many Zimbabweans are almost entirely dependent on food aid. At the same
time, threats of a 51% government take over of businesses under
‘indigenisation’ mean there is no hope of investment any time soon.

The latest crisis Mugabe has created is in the global diamond industry, with
his violent control and plunder of the mines in Chiadzwa and the threat to
swamp the worlds markets with diamonds and depress their value, if Zim
diamonds are not legitimised.

The UK’s MEP Geoffrey Van Orden, who has been spearheading campaigns for
democratic reform in Zimbabwe, this week expressed his dismay at Mugabe's
presence at the meeting and at the EU’s failure to do more to encourage
democracy and the rule of law in Africa.

”Three years ago I complained bitterly in the lead up to the EU-Africa
Summit, about the EU’s hypocrisy. It had imposed a travel ban and asset
freeze on Mugabe and his ilk and had then invited him to a summit in Lisbon.
Since then, Mugabe has continued to trample on the rights of Zimbabwe's
people, showed scant regard for the political agreement that he made with
Morgan Tsvangirai, and continued his global travels,” Van Orden said before
the European parliament this week.

The MEP continued that it is “not surprising so little progress has been
made in bringing about change in countries like Zimbabwe.” He said that
African states receive such “garbled signals from Brussels.”

“I have still not received a reply to my demand that the EU refuse the
credentials of Mugabe's unconstitutionally-nominated Ambassador to the EU. I
doubt that anyone will have the guts to mention their disapproval of
Mugabe's presence when they are feasting in Libya,” Van Orden said.

Van Orden has urged the EU not to recognise the ambassador, unilaterally
appointed by Mugabe this year. But there is still no sign from the EU on
what decision it intends to make.

Meanwhile, Kate Hoey, Chairman of the UK All-Party Parliamentary Group on
Zimbabwe, on Friday condemned “tyrant” Mugabe’s planned attendance at the
EU-Africa summit. She said it is “disgraceful that the European Council
President Herman Van Rompuy and European Commission President José Manuel
Barroso will be welcoming Mugabe to a meeting sponsored by the EU.”

“Mugabe is currently mobilising armed violence yet again to stamp on
democratic expression in Zimbabwe. It will disgust most Zimbabweans to hear
he is being allowed to join a conference with the themes of peace, security,
governance and human rights,” Hoey said in a statement.

“He and his ruthless military machine will revel in this opportunity to
strut the international stage with EU leaders. What message does this send
to the brave people who are trying to fight violence, corruption and
repression in Zimbabwe and other African countries?” Hoey said.

She added: “These meetings are a complete con. African leaders sign up to
fine words but treat the people of the continent with utter contempt.”


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EC disgraceful for welcoming Mugabe - British MP

http://www.thezimbabwean.co.uk/

Written by The Zimbabwean
Friday, 26 November 2010 12:57

Kate Hoey, Chairman of the All-Party Parliamentary Group on Zimbabwe, today
condemned Zimbabwean tyrant Robert Mugabe’s planned attendance the 3rd
EU-Africa Summit to be held in Tripoli, Libya on 29-30 November 2010.
(Pictured: Mugabe)
She said “It is disgraceful that the European Council President Herman Van
Rompuy and European Commission President José Manuel Barroso will be
welcoming Mugabe to a meeting sponsored by the EU.” “Mugabe is currently
mobilising armed violence yet again to stamp on democratic expression in
Zimbabwe. It will disgust most Zimbabweans to hear he is being allowed to
join a conference with the themes of ‘peace, security, governance and human
rights’.
“He and his ruthless military machine will revel in this opportunity to
strut the international stage with EU leaders. What message does this send
the brave people who are trying to fight violence, corruption and repression
in Zimbabwe and other African countries?”
“Mugabe has ruthlessly destroyed the economy of Zimbabwe forcing millions of
people to flee into exile in South Africa, the UK and elsewhere. Yet the EU
thinks it is worth listening to his views on ‘migration, mobility and job
creation’, another theme of the summit.” “These meetings are a complete con.
African leaders sign up to fine words but treat the people of the continent
with utter contempt.”
“In 2007 I travelled to Lisbon to protest in person against the Mugabe’s
attendance at the 2nd EU-Africa Summit at the invitation of the Portuguese
government. I was very proud that on behalf of the UK our then Prime
Minister Gordon Brown boycotted that meeting in protest at Mugabe’s
presence.”
“Last week the Presidents of Mozambique and Zambia claimed they were ‘too
busy’ to attend a working meeting to discuss the desperate crisis in
Zimbabwe despite having committed themselves as guarantors of the so-called
political settlement. Mugabe knows that guarantee means nothing and that is
why he treats the Global Political Agreement with utter contempt – even
though he solemnly signed it at a ceremony witnessed by African heads of
state”
“Tripoli will be just another beano and a massive waste of British taxpayers’
money. Now we know why the EU spending is rising while we are suffering from
huge budget cuts here in the UK. We should stop pandering to the vanity of
African leaders until they show some concern for the welfare and political
rights of the people of Africa. “


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Experts say Biti growth predictions ‘optimistic’

http://www.swradioafrica.com/

By Tererai Karimakwenda
26 November, 2010

Finance Minister Tendai Biti presented his national budget speech to
parliament Thursday, in which he predicted that the economy would grow by
nearly 10 percent next year, due to increased earnings from mining and
agriculture. Biti called it a ‘cash budget’ and said that this is because
the country will rely largely on domestic revenue.

In this budget speech, that was also televised, the Minister said: "The
economy is set to grow by 8.1 percent this year, compared to 5.7 percent in
2009, on the back of growth in mining by 47 percent and agriculture at 33
percent." Biti added that he would limit spending next year to $2.7 billion
in an effort to balance the budget.
But economic experts have said the growth predictions are ‘overestimated’.
Economist John Robertson told SW Radio Africa that the figures may prove to
be ‘optimistic’ and we may not achieve more than 5 percent. He said: “We
still face very severe electricity shortages that will affect the production
of agricultural crops that are grown in irrigation and will certainly affect
the mining sector, because the smelting processing operations depend heavily
on electricity.”

Robertson explained that the country is not able to borrow money but a lot
of humanitarian aid is still donated to assist local organizations. He said
Zimbabwe also suffers from a ‘severe scarcity’ of skilled manpower, plus the
banks hardly have any money to lend to businesses. He said the only
businesses that have made progress are those with a parent company outside
Zimbabwe that can fund their development.

Biti’s budget has also been praised for its focus on helping people in many
areas that were disadvantaged. Education received over $400 million, more
money than any other sector, student grants were increased and there was
money to rehabilitate schools and halls of residence, health institutions
and mission hospitals.

The budget also included funds to assist nearly a million households with
fertilizers and seeds.

In his budget speech Biti did not include any funds for elections that are
due next year. But he later told journalists that he had set aside $50
million for the constitutional referendum and other electoral issues.
Robertson explained that this was done under a ‘reserve fund’ that exists in
the budget to cater for unexpected events. “Although elections are expected,
not everyone is totally convinced that they will take place,” said the
economist.

One of statements in the budget was that the US Treasury Department is set
to replace soiled notes and provide coins to Zimbabwe. This would be
welcomed by consumers who have not had access to smaller currency
denominations for some time. It is not clear how this deal came about and
little detail is available. But Robertson said the Zimbabwe government would
have to pay for the transport of the old money to the United States and
transport back for the new currency, because the local banks could not bear
that expense.
The MDC released a statement that described the budget as ‘part of a
holistic MDC’s vision for a new Zimbabwe’.


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Man Jailed For Insulting Mugabe Gets Relief

http://www.radiovop.com

26/11/2010 08:51:00

Chipinge, November 26, 2010 - Magistrate Samuel Zuze reversed his sentence
on a Chipinge resident Gift Mafuka who was due to serve 12 months in jail
for insulting or undermining the authority of President Robert Mugabe.

The reversal of the sentence by Zuze follows the intervention of the
influential rights group, the Zimbabwe Lawyers for Human Rights (ZLHR) who
had appealed to the magistrate on behalf of Mafuka.

Mafuka was accused of insulting Zimbabwe’s octogenarian leader when he saw
two young boys aged between 12 and 13 wearing t-shirts with President Mugabe’s
images and asked why they were putting on t-shirts with the image of an old
person with wrinkles on the face. The Chipinge man allegedly told the two
boys that President Mugabe was on his way out and that Prime Minister Morgan
Tsvangirai was the president-in-waiting. He allegedly went on to threaten
the juveniles before the minors ran away. But that was not before Mafuka ran
after them and caught one of them whom he whipped.

Zuze ordered Mafuka’s lawyers to pay US$100 in bail money and imposed some
reporting conditions for the Chipinge man.

Mafuka’s lawyer Langton Mhungu of Matutu, Kwirira and Associates, who is a
member of ZLHR argued in his application for bail pending appeal against
both conviction and sentence that a conviction and a prison term was not the
proper verdict that Magistrate Zuze ought to have reached.

The lawyer also argued that the evidence of the State witnesses was not
sufficient to warrant a conviction and that the sentence imposed against
Mafuka was too excessive and would induce a sense of shock.

“The witnesses were so inconsistent and unreliable. There was potential of
lying against the accused person,” said Mhungu.

Mafuka, who has been serving his prison term at Mutare Prison after being
transferred from Chipinge Prison, is expected to be released from prison
once the clerk of court from Chipinge Magistrates serves the Warrant of
Liberation to the Officer in Charge of Mutare Prison.


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Bennett Demands Judge's Farm Inventory In Defamation Case

http://www.radiovop.com

26/11/2010 08:50:00

Harare, November 26, 2010 - Tormented Movement for Democratic Change
Treasurer Roy Bennett has challenged High Court Judge Justice Chinembiri
Bhunu to disclose the number of farms which were allocated to the Judge in a
test case to the chaotic land reform exercise.

Bennett, who is being sued by Bhunu wrote to the Judge’s lawyers requesting
to be furnished with an inventory of farms that he has laid claim over the
past 10 years when President Robert Mugabe’s previous government embarked on
a land grab exercise.

“Has plaintiff (Bhunu) been allocated a farm under the land reform
programme? Plaintiff is required to set out, all farms allocated to him with
full particulars thereof, duration of occupation of each farm and current
farm occupied by the Plaintiff (Bhunu). Have the owners of such farms been
fully compensated for the farms?” reads part of the letter which was written
to Bhunu by Bennett’s lawyer Beatrice Mtetwa.

Besides requesting for the number of farms that were allocated to the Judge
Bennett also wants Bhunu to inform him whether he has received any other
remuneration, perks and others benefits from “any quarter other than his
employer.”

The former legislator who is currently exiled in South Africa wants Bhunu to
furnish him with details of the place where the alleged interview between
himself and British journalist took place.

Bhunu, who in May acquitted Bennett on terror related charges, is suing the
former legislator for $1 million in damages for defamation.

Bhunu alleges that the damages resulted from wrongful and defamatory words
which were uttered by Bennett during an interview which the former coffee
farmer allegedly granted to a reporter from The Guardian newspaper of the
United Kingdom, on or around May 9, 2010 before he delivered his judgment
acquitting the former Chimanimani legislator.

Bhunu’s lawyers alleged that the remarks attributed to Bennett were
published on May 24, 2010 by an internet-based publication, the Zimbabwe
Guardian Newspaper, which they claim enjoys wide distribution on account of
being available on the internet free of charge.

Bhunu acquitted Bennett on May 10, 2010 after ruling that the State’s
prosecution team, led by Attorney General Johannes Tomana, had failed to
establish a prima facie case against the former Chimanimani Member of
Parliament.

Tomana later appealed against Justice Bhunu’s decision to acquit Bennett.
Chief Justice Godfrey Chidyausiku recently reserved judgment after hearing
submissions from both the State and Bennett’s lawyers in relation to the
appeal.


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Zim diamond stalemate continues

http://www.swradioafrica.com/

By Alex Bell
26 November 2010

A stalemate on Zimbabwe’s future in diamond trading has continued this week,
after a meeting of international officials ended, once again, with no
agreement on whether to give Zimbabwean exports the green light.

The meeting of officials from main industry players and from the
international trade watchdog, the Kimberley Process (KP), ended in Brussels
on Thursday. Participants reportedly left the meeting however citing some
‘progress’ towards a final agreement. Negotiations are set to continue in
coming days, led by KP chair Boaz Hirsch.

The Brussels meeting was organised after the KP failed to reach consensus on
Zimbabwe’s future earlier this month, during a meeting in Jerusalem. The KP
is trying to reach a unanimous decision of whether to allow exports from the
controversial Chiadzwa diamonds fields, where reports of abuses and
smuggling are ongoing.

Zimbabwe was allowed to hold two monitored auctions of Chiadzwa stones
earlier this year. This formed part of a larger plan to resume full exports
from Chiadzwa, but with no decision by the KP, there can technically be no
more sales.

But the KP monitor Abbey Chikane recently went over the KP’s head by
certifying four million carats of Chiadzwa diamonds without approval. The
stones were reportedly sold last week to four Indian buyers for
approximately US$160 million. While Chikane said that these goods would
remain in Zimbabwe until the KP reaches a final decision, it’s understood
that some of the stones may already have made their way to manufacturing
centers.


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Guyanese and Labanese nationals jailed in India over Zimbabwean `blood diamonds’

http://www.thezimbabwemail.com

26 November, 2010 02:53:00    By Stabroek editor

SURAT, INDIA - In the first conviction of its kind, the Chief Court in
Surat, India on Thursday sentenced a Guyanese and a Lebanese national to
four years imprisonment and ordered them to pay a fine of Rs1 lakh, in a
case related to Zimbabwean blood diamonds.

The Times of India says the accused have decided to challenge the verdict at
a higher court.

Justice VG Trivedi found Robai Hussain, a Guyanese and Yusuf Ossley, a
resident of Lebanon, guilty of possessing blood diamonds. Both deposited
fines in the court, late on Thursday evening.

"Such crimes have an impact on the economy and therefore affect the lives of
the common man directly and/or indirectly. Both accused have breached the
law and it was necessary to punish them," Justice Trivedi said, while
passing the judgment.

The report said that the judge pronounced the verdict after hearing 13
witnesses and verifying 67 pieces of evidence in the case. The court has
ordered the auction of the diamonds also.

The World Diamond Council made Kimberly certification compulsory to ensure
that such banned diamonds do not become a part of legal trade.

Guyana has also come under scrutiny over the Kimberly Protocol as there have
been concerns that Venezuelan diamonds have been laundered through Guyana.

A report in the Indian Express said that Hussain and Ossley were picked up
and arrested during a raid by Directorate of Revenue Intelligence sleuths at
their room in Arpan Apartments at Rampura in Surat on September 19, 2008.

They were found to be carrying diamonds worth Rs 3.85 crore without a
certification from Kimberly Process.

The report said that during interrogation, they confessed to having bought
diamonds from Zimbabwe for sale into the local market in Surat.
"Surat in particular and India in general have proved to the international
watchdogs that we act tough when it comes to blood diamond trade," said
Chandrakant Sanghavi, regional director of Gems and Jewellery Export
Promotion Council (GJEPC), said in a Times of India report.

"This is the first time in the world that the blood diamond case has been
dealt with strictly and the culprits have been sent behind bars," said
Sanghavi.

The report pointed out that India is one of the founding members of the
Kimberly Protocol.

"All the rough diamonds imported to India, particularly in Surat is done
with KP certificate. Since Surat is the world’s biggest diamond cutting and
polishing hub, human rights watchdogs have reasons to believe that it is the
final destination for the blood diamonds. But the conviction of two foreign
nationals proves that India acts tough when it comes to blood diamonds,"
said an industry stakeholder.

Meanwhile, in Zimbabwe mystery surrounds the whereabouts of almost two
million carats of diamonds worth $80 million mined by Canadile Miners in
Chiadzwa during the joint venture between Zimbabwe Mining Development
Corporation (ZMDC) and Core Mining and Mineral Resources.

The 1 700 000 million carats diamonds were allegedly moved from Canadile
Miners’ sorting house in Mutare to an unknown destination last week.

The stunning revelations were made by Lovemore Kurotwi, the embattled
director of Core Mining and Mineral Resources, in his second supplementary
affidavit filed before High Court judge Justice Susan Mavangira on Monday.

“I wish to place the information before this honourable court by way of this
second supplementary affidavit.

“On Friday November 19, whilst this matter was pending before this court,
the ZMDC and Marange resources employees including one Govati Mhora removed,
to an unknown destination, around 1 700 000 carats of diamonds from Canadile
Miners vaults at its Mutare sorting house,” Kurotwi said.

Kurotwi said some of the diamonds had not been sorted, raising fears there
could be no reliable record of the value of the diamonds.

“There is a real danger that ZMDC and Marange Resources as they operate
other diamond mines in Chiadzwa, may swap Canadile Miners valuable diamonds
with others of less value.” he said.

Kurotwi made an urgent chamber application seeking to have Canadile Miners
control its assets and mining operations in Chiadzwa.

He is also seeking to have the court to declare valid and subsisting the
shareholding agreement between Marange Resources and Core Mining, but ZMDC
chairperson Godwills Masimirembwa denied the existence of such an agreement.

Justice Mavangira is on Monday expected to hear the submissions from Kurotwi’s
team of lawyers led by advocate Lewis Uriri.

The defendants, according to the court papers, are ZMDC, Marange Resources,
the Minerals Marketing Corporation of Zimbabwe, Canadile Miners and Mines
and Mining Development minister Obert Mpofu.  - Stabroek news for Additional
reporting


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More MDC arrests

Friday, 26 November 2010

At least 30 MDC members including the MDC Matebeleland North provincial chairperson, Sengezo Tshabangu were arrested yesterday in Nkayi Central on charges that they were holding an illegal meeting. Tshabangu was holding a meeting with his deputy Agrippa Sithole, the provincial organising secretary Cornelius Mbayiwa, Lucky Sibanda, Nkayi district chairperson, district executive members and 17 councillors.

The meeting was to welcome the 17 councillors who have just rejoined the MDC after defecting from Arthur Mutambara’s party. The 30 went to court today but were remanded in custody to Monday after the case failed to proceed. The MDC national spokesperson, Hon. Nelson Chamisa denounced the arbitrarily arrests and said it was unacceptable.  He said it showed that there was no freedom in Zimbabwe and the people were in bondage as they were still in Egypt and had not yet reached Canaan
.
Meanwhile, the court case of Gilbert Kagodora, the Mashonaland Central provincial treasurer who is facing charges of undermining the authority of the President, was today referred to the Supreme Court by a Bindura magistrate, Charles Murove after Kagodora challenged the Constitutionality of the charge. Kagodora was arrested at Wadzanai Business Centre in Shamva, Mashonaland Central province in June after addressing a rally that was attended by thousands of MDC supporters. This month, Kagodora challenged the Act which he was being charged under, the Criminal Law Codification Act, Section 33.

The MDC national chairperson, Hon. Lovemore Moyo has donated bags of cement worth thousands of dollars to villagers whose houses were destroyed by a hailstorm that left a trail of destruction in Mbembeswane, Matobo North recently. Hon. Moyo visited the 42 families for the second time this week and donated the cement.  The homes collapsed this month following a six hour storm.  A 13 year – old girl, Slindokuhle Tshabangu died in the devastating hailstorm after the house she was sleeping in collapsed. He was accompanied by the MDC Matebeleland South provincial executive.

Together, united, winning, ready for real change!

MDC Information & Publicity Department


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Education Minister David Coltart on Question Time

http://www.thezimbabwean.co.uk/i

Written by SW Radio Africa
Friday, 26 November 2010 18:39

Part One of Question Time, where SW Radio Africa journalist Lance Guma
speaks to the Minister of Education, Sport, Arts and Culture, Senator David
Coltart (pictured). Questions from the listeners centred on what his
Ministry is doing to stop the harassment of teachers by ZANU PF youth
militia, the alleged incompetence of the exam council ZIMSEC, incentives for
teachers and his position on targeted sanctions, especially the
international isolation of the cricket team.

Interview broadcast 24 November 2010

Lance Guma: Good evening Zimbabwe and thank you for joining us on our
Question Time. Our guest this week is the minister of Education, Sport, Arts
and Culture Senator David Coltart. Senator, thank you for joining us.

David Coltart: Thanks Lance, good evening to you.

Guma: Now obviously you are in South Africa, can we just start off the
programme by just letting people know what you are doing there?

Coltart: Yes Lance, one of the projects that I’ve started on is a thorough
reform of Zimbabwe’s curriculum and the Curriculum Development Unit, which
is located next to the university in Mount Pleasant in Harare, has
degenerated. It has got equipment which is antiquated, most of it is over 20
years old and I’m down in South Africa meeting with Apple to see whether we
can’t persuade Apple to come in and provide us with new technology which
will form the technological basis for the redevelopment of our curriculum.
So I’ve got a meeting all day tomorrow with Apple in South Africa for that
purpose.

Guma: OK, well let’s hope that goes on well. I suppose we can start off with
a question coming from Abe Nyoka who wants to know if it is true that kids
are still being turned away from school for not wearing uniforms and if so,
what is the Ministry doing about that?

Coltart: Lance I must admit this is the first time that I have heard this –
that children are being turned away for not wearing uniforms. The government
policy, certainly in government schools is obviously we have a uniform
policy, we would like children to wear uniforms but we understand that in
these difficult economic circumstances, there needs to be a bit of
flexibility, so I will be surprised if children, especially orphans or
vulnerable children, are actually being turned away.

It may be that this has happened in a private school or a mission school
over which we don’t exercise the same amount of authority. But the policy is
yes, we have a uniform policy, as far as possible it must be respected but
no child should be turned away because through poverty they have been unable
to comply with the uniform.

Guma: So are you saying it’s optional – the wearing of school uniforms is
optional for all schools that are run by the government?

Coltart: No, it’s not optional. We expect children to, as far as possible,
wear the uniform for the school. We need to try and maintain standards as
best we can, but where through poverty, an orphan or a vulnerable child
simply does not have the means to get a uniform then that child should not
be excluded.

But obviously we can’t have a situation of children from wealthy parents
just deciding to arrive at school in jeans – that would lead to a total
breakdown of the policy – but where, as I say, through poverty, through
force of economic circumstances children can’t comply, then headmasters know
that they have to be flexible.

Guma: Isn’t that a bit of a grey area though? How do they prove and what
mechanism is in place to separate those who are genuinely suffering poverty
and those who are not?

Coltart: Lance it is a grey area and we rely on the headmasters to exercise
discretion. They tend to know the background of children, the homes they
come from. Obviously if a child pitches up carrying an iPod and in jeans
there’s going to be very little sympathy but if a child is known to come
from an impoverished family, well then the discretion will be exercised in
their favour.

Guma: The next question comes from a listener in Hurungwe who wants to know
what is being done about the constant leakage of exam papers by ZIMSEC
(Zimbabwe Schools Examination Council), he wants to know if anything can be
done to improve the competence of that council seeing there’s been a
catalogue of blunders and they are failing to achieve even the basics?

Coltart: Well let me challenge that statement right at the outset – to say
that there’s been a catalogue of blunders and, I forget the precise wording
but, numerous leakages. That may have been the case several years ago. This
year for the writing of the ‘O’ level and ‘A’ level and Grade Seven
examinations at the end of the year in October, November, there was one
break-in that occurred in Masvingo. It was done by a criminal element who
broke into a school, broke the safe and stole the examination papers.

That was not ZIMSEC’s fault, ZIMSEC in my view cannot be blamed for that and
so I don’t believe there has in fact been a catalogue of blunders. I think
in fact that ZIMSEC’s performance and delivery has improved beyond all
recognition in the last two years. It is delivering papers on time, the
examinations are starting on time, they are being marked on time and the
results are being delivered on time.

This was one very unfortunate event which as I say was not the fault of
ZIMSEC, in fact was not even the fault of the school. It’s impossible for us
to secure all 8000 schools in the country and ensure that every single one
of them cannot be broken in by thieves. So I’m very encouraged by the
improvement in ZIMSEC. I don’t for a moment say that it’s perfect, Lance, we’ve
got a lot of work to do to restore the public’s confidence in ZIMSEC but I
think it’s, as I say, it’s improved beyond all recognition in the last two
years.

Guma: In November this year we did a story about how seven schools in
Rushinga had closed after teachers there fled ZANU PF threats. ZANU PF
youths are reported to have wanted to punish them for contributing to the
constitutional outreach exercise which ended in October. Now ironically the
Rushinga Member of Parliament, the deputy Education Minister Lazarus Dokora
who is your deputy from ZANU PF, is believed to have a close relationship
with these youths in the local community.

So when we advertised that we were having you on the programme, a teacher at
one of the schools, asked us to ask you what is being done to stop the
harassment of teachers by these militia youths and why the deputy Education
minister of all people can actively encourage such harassment of teachers in
his constituency?

Coltart: OK Lance, that’s a good penetrating question. Let me just clarify a
couple of things: I’m not aware of seven schools having been affected in
Rushinga. I’m aware of one school where six teachers have been threatened
and suspended. That case has been brought to me by the Progressive Teachers
Union of Zimbabwe and I’ve acted in the last week in support of those
teachers.

They wrote to me personally to say that they had been intimidated, that they
felt worried about going back to that particular school and I have
authorised their transfer, just last week to ensure that they are kept safe
and that they can transfer to new schools so that they can continue their
teaching careers.

Regarding the allegation against the deputy minister – obviously that is a
press report. I have not received any substantiated reports in that regard
and quite frankly I can’t rely on press speculation and hearsay. I have not
received any affidavit evidence, in fact in the case that these six teachers
brought, these six teachers who were affected in Rushinga, they mentioned
nothing about the deputy minister.

Obviously if I get credible evidence that the deputy minister or any other
member of the Ministry of Education is involved in intimidating teachers,
well then that will be viewed in a very serious light and I will take the
necessary measures but I simply can’t comment on mere speculation.

Let me just end this question by saying that I’ve given very clear
directions in the last year that schools are not to be used for partisan
political activity. I have banned war veterans and militia and indeed
members of any political party from using schools for political ends.

Schools are meant to be educational institutions, there needs to be security
for children and teachers and it’s simply unacceptable that teachers or
children for that matter should be subjected to political intimidation or
threats of any kind.

I’m also working on a comprehensive review of the education regulations and
when these are finally published it’s going to be made very clear that
schools are not to be used for partisan political activity and I hope that
we can even attach some criminal sanctions to ensure that any people who
breach that policy will then incur the wrath of the law.

Guma: We move on to Tawanda Mhuriro - he wants to know what will happen
after parents’ incentives for teachers are banned, will teachers be content
with their base salaries and what’s in place to avoid the resultant chaos?

Coltart: Lance the incentives issue has been one of the most vexing problems
that I have faced since becoming minister in February 2009. You will recall,
when we came into government the teaching profession was in a state of
chaos. 20000 teachers left the profession during 2007 and 2008 and even when
the inclusive government started, teachers were only paid an allowance of
100 US dollars which is not befitting their status as teachers and is an
unviable salary.

And whilst their salaries have gone up somewhat most teachers simply cannot
come out on what they’re paid and the amount the teachers are paid in
Zimbabwe is way below what they can expect to be paid in, certainly private
schools, in mission schools and indeed in schools in South Africa and
Botswana and even in some schools in Mozambique, Malawi and Zambia.

But the problem I faced was that the Minister of Finance, Minister Biti
simply did not have sufficient money to pay teachers a viable salary. The
policy of incentives had been introduced prior to me coming in as minister
and I decided, in consultation with the trade unions, to continue allowing
incentives to be raised from parents to ensure that there were these top-ups
for teachers.

It has been unsatisfactory, I don’t like the policy, I would like to end it
as soon as possible. It has caused tension between teachers and parents, it
has even caused tension between rural teachers and urban-based teachers
because of the discrepancies. Rural parents tend to have less capacity to
pay incentives than urban parents and because of all of these problems it’s
a policy that should have a short life.

It needs to be ended as soon as possible but it can only be ended when I can
be assured that teachers will remain at their posts and will remain
motivated to teach children. We simply cannot afford to revert to the
situation that prevailed in 2007 and 2008 in which teachers went out of the
profession in droves and that seriously undermined the entire education
system.

I have lobbied as hard as I can, Minister Biti is very sympathetic, he
understands the need to ensure that teachers are paid a viable salary but of
course his ability to do that is constrained by the economy, by the state of
the economy but the moment we can start paying teachers a viable wage I will
move to end incentives but, I stress, only once I know that teachers will be
paid a reasonable salary.

Guma: OK now as Sports Minister, your position on cricket has been very
clear and you have been calling for Zimbabwe’s international isolation to
end. Now Samson in Mutare wants to know whether you still stand by this
position given the apparent collapse of the coalition government. He says
the isolation was meant to be a pressure point and by seeking to have it
removed, are you not doing ZANU PF’s work for them?

Coltart: Lance, my view on sanctions is as follows: I, there’re two main
arguments – the first is that we signed up to the GPA and included in the
GPA was an undertaking that we would move to lift sanctions. ZANU PF has not
honoured the GPA. They have not put the governors in place, they have
breached the GPA in a variety of different ways but quite frankly, we, in my
view, need to honour our side of the bargain. That’s the first argument.

The second argument and it touches on the first because I’m sure many people
will say well you’re simply being naïve to think that ZANU are ever going to
honour their side of the bargain and that’s why the second argument is
vitally important and it’s this – I believe ironically that sanctions
actually benefit ZANU PF more than anyone else at present.

We’ve had these targeted sanctions in place since 2001 – we need to ask
ourselves the question – have they affected the ZANU PF hierarchy at all?
Perhaps it has prevented them from shopping at Harrods but it has not
stopped them from abusing the rule of law, it has not stopped them from
looting the country.

You’ve just got to go to Borrowdale to see the massive mansions that have
been built by the ZANU PF hierarchy in the last decade and you will see that
the financial targeted sanctions have not affected them one iota and the
irony is that they now use sanctions as a pretext, as an excuse not to
implement other aspects of the GPA such as the swearing in of governors and
the like.

And my view is that we need to actually deflate ZANU PF, remove this excuse
because it is not, it is simply a fiction, it is an illusion if we think
that these targeted sanctions are having any, either physical or
psychological impact on ZANU PF.

I think that they are cynically using the continuation of targeted sanctions
as an excuse and we need to remove that excuse so that they are left naked
and the region and the rest of the world can see in fact who is now to blame
for the non-implementation of the Global Political Agreement.

Guma: But the argument of course used to counter that is that you remove
that excuse, ZANU PF will find another excuse and history has shown us that
at different political periods they have used different excuses for
different things.

Coltart: Oh I have no doubt that they will try and use a different excuse
but if you look at their rhetoric and their propaganda the last year, two
years, they have been solely focussed on sanctions, sanctions, sanctions. It
has been their mantra day in, day out. It’s very difficult to change that
mantra if that excuse is lifted.

But then I come back to the other argument Lance, we have to seriously ask
ourselves the question what effect have the sanctions had? Even if they do
move on to some other excuse, what leverage have they in fact had on ZANU
PF? Perhaps they’ve stopped one or two of them from travelling to Harrods
but that is the only impact that I see that targeted sanctions have had on
ZANU PF.

Guma: OK we just have to quickly round up the first part of this interview.
I’ll just throw in one more question and if you can just answer briefly -
when ZANU PF are asking to have these sanctions removed, and this is one
question posed by our listeners, who do they want to remove them because
does the MDC really have the power to have the sanctions removed?

Coltart: Well of course we don’t and in fact that’s been illustrated very
clearly in my own ministry. As you know, as Minister of Sport I’ve been to
Australia, New Zealand and Britain this year and in every country I’ve
called for these targeted measures to be removed.

I as you know, I tried to encourage the Scottish cricket team to come out
and the British government simply disregarded what I had to say and it’s a
clear illustration of the fact that with all the good faith in the world
there’s a limit to what the MDC can do in the removal of these sanctions.

Guma: So what does ZANU PF want you to do? What does ZANU PF want you to do
if you have no power to remove them?

Coltart: Well exactly and that is why this excuse that they give for not
implementing other aspects of the GPA must be removed.

Guma: OK we have to conclude Part One of the interview with the Minister of
Education, Sport, Arts and Culture. We received quite a huge response from
listeners in Zimbabwe and clearly I hope Senator you’ll join us next week to
conclude some of the questions that hundreds of Zimbabweans have been
asking. Many thanks for joining us this week.

Coltart: Thank you Lance.


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Tsvangirai is right in taking Mugabe to court


By Clifford Chitupa Mashiri, Political Analyst, London 25/11/10

I beg to differ with analysts who are claiming that MDC President Morgan
Tsvangirai could have shot himself in the foot by taking Zanu-pf leader
Robert Mugabe to court over the unilateral appointment of 10 provincial
governors by Mugabe. Enough is enough.

What else do they want Tsvangirai to have done when the so-called guarantors
of the GPA, i.e. the SADC and the AU have been cowed into submission? Only
last week, two SADC heads of state flunked the Gaberone summit which was
meant to find a road map to free and fair elections in Zimbabwe amidst
speculation that Mugabe’s securocrats may have put pressure on the Zambian
and Mozambican leaders.

On the other hand, all the facilitator has done to date is to put pressure
on Tsvangirai to “park the outstanding issues and move on”. That is not
fair. Pressure should be on Mugabe who is acting in bad faith as far as the
GPA is concerned, therefore Tsvangirai is left with no option than go to
court. In any case, that’s the role of the courts to interpret the
constitutionality or otherwise of Mugabe’s intransigence.

Contrary to what Lovemore Madhuku said that, “a breach of the GPA is a
political problem which requires a political solution”, experience has shown
that in practice i.e. in this coalition government, a political solution is
not always the best solution, albeit an ideal theoretically. Tsvangirai is
well advised by taking the matter to court because that way the arguments
get into the public domain and leave everyone to make their own judgements,
unlike at the present moment whereby the public relies on leaked partisan
accounts of the goings-on in the GNU.

After all, constitutional disputes cannot be dealt with in political
negotiations with people like Robert Mugabe and expect a genuine
breakthrough. Far from it. There has been sufficient evidence of bad faith
on the part of the Zanu-pf stalwart right from the beginning. As a matter of
principle, Tsvangirai has done the right thing in taking Mugabe to court in
what could be described as a “pre-emptive strike” – that is, just before
Mugabe dissolves Parliament as a punishment to MDC MPs who are protesting
the presence of the “illegal” Zanu-pf governors in the Senate.

Whatever the outcome of the court case, the message will have gone home, for
the record that for the first time in Zimbabwe’s political history Robert
Mugabe of Zanu-pf has been taken to court by Morgan Tsvangirai of MDC on a
constitutional matter for legal opinion having exhausted all other political
channels at home and abroad. Furthermore, analysts who are suggesting
otherwise could be criticised for prejudicing the case by pronouncing a
judgement before trial. Any criticism of Tsvangirai’s bold move will simply
play into Mugabe’s hands as was the case with Lord Renton’s offer of asylum
to Mugabe.

It is unconstitutional for to dictate on who does what, where, when, how and
why as if he is a majority leader in Parliament. Tsvangirai is helping to
shape the course of Zimbabwean politics and history against heavy odds and
most of the other politicians are cowards. He may not be perfect, but who
is?

According to E.C.S. Wade and G. Godfrey Phillips in Constitutional and
Administrative  Law, Ninth Edition, it is more convenient to define
constitutional law as meaning those laws which regulate the structure of the
principal organs of government and their relationship to each other and to
the citizen, and determine their main functions.

“Where there is a written constitution, emphasis is naturally placed on the
rules which it contains and on the way in which they have been interpreted
and applied by the highest court with constitutional jurisdiction,” p.5

It is therefore imperative to let the judges interpret the law. Although
some members of Zimbabwe’s judiciary have given cause for concern, others
have interpreted the law, whether constitutional or criminal, without fear
or favour for example the acquittals of Morgan Tsvangiari, Jestina Mukoko
and that of Roy Bennett. Lately, the order by the High Court for the release
on bail of Standard Journalist, Ngobani Ndlovu who was being incarcerated at
Khami notorious prison for defaming the Zimbabwe Republic Police are
testimony of the existence of professional judges in Zimbabwe in spite of
Mugabe.

Sadly, some ‘braai stick’ political parties have ganged –up against
Tsvangirai for standing up to Mugabe’s call for elections in the face of
Zanu-pf violence as if it’s him (Tsvangirai) who asked for the elections in
the first place. Why can’t these braai sticks demand an explanation for
Zanu-pf’s Copac Chairman Munyaradzi  Paul Mangwana’s confession that his
party engaged in a guerrilla-type campaign to force people into supporting
Zanu-pf during the constitution outreach programme (Newsday, 25/11/10)?

In Shona we say, “Mwana asinga cheme anofira mumbereko” (A baby that does
not cry risks dying of neglect). Tsvangirai should not be allowed to
suffocate politically because of Mugabe’s intransigence. The last thing
Tsvangirai needs at the moment is to be demoralised by philosophical
pontifications.

Clifford Chitupa Mashiri, Political Analyst, London
zimanalysis2009@gmail.com

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