The Zimbabwe Situation

Action by Churches Together (ACT) - Switzerland
Website: http://www.act-intl.org
ACT News Update

Zimbabwe 0203

ACT members in Zimbabwe respond in worsening situation

Geneva, November 5, 2003—Members of the global alliance Action by Churches
Together (ACT) International in Zimbabwe say they are "extremely concerned"
by the humanitarian and economic situation there. Lutheran Development
Service (LDS) and Christian Care note a continued decline in the country's
situation, despite some signs of recovery in neighbouring countries.

The members have been operating relief programs since 2001. Citing many
difficult conditions, they say there are no signs of the emergency letting
up.

The coming "hungry season" will be much more serious than the previous one.
Only a third of the maize harvest is expected, resulting in the loss of
another productive growing season. This is due to the acute shortage of seed
and high cost of fertiliser. Public health services have been declining,
causing a rise in deaths of mothers giving birth and children under 5.
Economic growth is in its fifth consecutive year of decline, which has a
serious impact on living conditions. Food may be available in the cities,
but is unaffordable to many. Inflation is expected to reach 800 percent by
the end of the year. Some families have an income from jobs, but it is
extremely hard for those who do not have an income. Zimbabwe cannot even pay
the interest on its external debt.

LDS's immediate priority is distributing seeds to people so they can plant
crops. There is a critical shortage of seed in the country, and it has to be
imported. Time for planting is running out, and therefore what people can
plant will not produce enough, a situation which will perpetuate the food
crisis in the coming year.

LDS is also attempting to get food relief to people to prevent them from
eating the seeds when they are distributed. "The ideal situation is to bring
the two together, to have the food and have the seed distributed at the same
time to the people so each is used as intended," says Sibongile Baker, LDS
director. "It is bad," says Baker about the food situation.

Referring to the continuing drought, Solomon Vudzijena, former acting
director of LDS, says, "The situation might not change. But it might get
worse."

Information provided by Lutheran Development Service and Christian Care.

(ends)

ACT is a world-wide network of churches and related agencies meeting human
need through coordinated emergency response.
The ACT Coordinating Office is based with the World Council of Churches
(WCC) and the Lutheran World Federation (LWF) in Switzerland.

Agencia de Informacao de Mocambique (Maputo)

November 5, 2003
Posted to the web November 5, 2003

Maputo

The economic crisis in Zimbabwe is now so acute that Zimbabwean companies
are sending tankers across the border into Mozambique to buy fuel, reports
Wednesday's issue of the independent newsheet "Mediafax".

Zimbabwe's desperate shortage of foreign currency has made it ever more
difficult for the country to import fuel, even from eccentric friends such
as the Libyan dictator Muammar Gaddaffi.

Fuel used to flow to Zimbabwe along a pipeline from Beira - but nothing has
been pumped since February, because of the large debts that Zimbabwe owes to
the Mozambique-Zimbabwe Pipeline Company (CPMZ).

Anonymous sources from CPMZ told "Mediafax" the company has complained at
the Mozambican government's tolerance of large amounts of fuel going into
Zimbabwe, before the Zimbabwean authorities have settled their debt to CPMZ.

Zimbabwean motorists living in the east of the country have recently made a
habit of crossing over into Mozambique's Manica province merely to buy fuel.

"Mediafax" reports that the main beneficiary from this is the company
BP-Mozambique, which owns most of the fuel pumps used by the Zimbabweans.

OHANNESBURG, Nov. 5 — Zimbabwe's High Court completed a brief hearing
Tuesday into charges that President Robert Mugabe's supporters rigged his
2002 re-election victory, but there was no indication when, or which way,
the court might rule.

In a case some called historic — and others argued was predetermined by
Zimbabwe's politically skewed justice system — lawyers for the losing
candidate, Morgan Tsvangirai, argued that the election was stolen from him
by fraud and intimidation. At one point in the hearing, they offered 200
pages of documents they said would prove that election rules were abused
and, in some cases, altered at the last minute.

In particular, Mr. Tsvangirai's lawyers complained that four-fifths of
Zimbabwe's 119 polling places were closed during the third and final day of
elections in defiance of a court order stating that the polls should remain
open. The lawyers also alleged that Mr. Mugabe packed the Electoral
Supervisory Commission with military officials and supporters, ensuring that
it could not oversee an impartial ballot.

But lawyers for Mr. Mugabe, Zimbabwe's leader since it dissolved Rhodesia's
white-run government 23 years ago, dismissed Mr. Tsvangirai's complaints as
groundless and called for a full-scale trial.

"It is inconceivable that the election of the president should be set aside
because three lawyers appeared before you and made arguments," the Reuters
news service quoted Mr. Mugabe's lawyer, Terrence Hussein, as saying. "What
you are being asked to do is come up with a decision based on the flowery
language that has been used. In my respectful submission, that is not
possible."

The judge in the case, Justice Ben Hlartshwayo, could dismiss the complaint,
invalidate Mr. Mugabe's election or convene a trial with witnesses as Mr.
Mugabe's lawyers demanded.

The justice has indicated that he will not rush to judgment, a statement
some see as significant in itself, given Mr. Mugabe's age — he is 79 — and
rumors about his health.

Mr. Mugabe is building himself a palace north of the capital, Harare,
raising speculation that he may announce his retirement at a congress of the
ruling ZANU-PF party late this year. Some news accounts suggest that he has
come under growing pressure to surrender power as his nationalization of
prime farmland and controls on prices and exchange rates have brought
Zimbabwe's economy to a standstill.

A lawyer for Mr. Tsvangirai, Bryan Elliot, said in a phone interview Tuesday
that the lawyers "have no idea when a ruling will be made." Asked whether he
hoped for a favorable ruling, he replied, "We brought the case because we
were hopeful."

Other private legal experts in Harare said in phone interviews that
Zimbabwe's judicial system is so subject to political influence that even
the High Court, which has some measure of independence, would be hard
pressed to rule impartially.

The judge who heard the arguments is the one who last year ordered that
presidential polls be kept open a third day. Mr. Tsvangirai, the leader of
Zimbabwe's Movement for Democratic Change, lost the election by 400,000
votes, or 56 percent, in an election most Western observers and human-rights
groups denounced as fraudulent. Observers from many African countries and
from Russia and China called it free and fair.

The government has since charged Mr. Tsvangirai with treason, accusing him
of plotting to assassinate Mr. Mugabe.

A Zimbabwean court has ordered striking doctors to return to work
immediately -- saying their action is illegal.
Junior and mid-level doctors in Zimbabwe went on strike on October 23 after
several attempts to have their salaries increased.

In a ruling Wednesday, Lilian Hove, Presiding Judge of Zimbabwe's Labor
Court, said although the doctors have legitimate grievances over their
salaries, they ignored established procedure to have their issues solved.

Under Zimbabwean law, it is illegal for doctors to go on strike because they
are considered providers of essential service. Judge Hove also ordered a
government negotiating council to meet with the doctors on Friday to settle
the doctors' grievances.

The doctors are asking for a pay increase of up to eight thousand percent to
compensate for high inflation and the low value of the Zimbabwe currency. At
the unofficial rate, junior doctors make about $63 a month and their
mid-level counterparts $80 a month.

Zimbabwean nurses briefly joined the doctors strike but returned to work
after reportedly getting an 800 percent increase.

MDC reviews second day of Morgan Tsvangirai’s court challenge of the March 2002 election result
MDC Department of Legal Affairs
November 05, 2003

1. Morgan Tsvangirai's legal team concluded the presentation of their oral arguments. After the lawyers for Robert Mugabe and the Electoral Supervisory Commission ("the ESC") had presented their oral legal arguments (which are described below) Advocate Gauntlett and Advocate De Bourbon made their oral submissions in reply.

2. EXPLANATORY NOTE ON EVIDENCE AND LEGAL PROCEDURE

2.1 Before describing the oral arguments put up on behalf of Robert Mugabe and the ESC, an explanation of certain elementary rules of evidence and procedure is necessary.

2.2 Morgan Tsvangirai's court challenge to the March 2002 Presidential Election is a form of legal procedure known as a trial.

2.3 The Electoral Act stipulates that the first step in a trial which involves a challenge to the validity of an election result, is the filing of Affidavits by the challenger setting out his or her causes of complaint. The person who has been declared the winner of the election, and any other parties having an interest in the matter, then file their opposing affidavits. The challenger replies to those opposing affidavits by filing his/her own answering affidavits.

2.4 Then a hearing is held. If there are facts which are not common cause between the parties, ie: which one or more of the parties deny or dispute, then witnesses are called to give oral testimony on those facts, and to be cross-examined.

2.5 If all the parties involved in the trial agree on the relevant facts, but disagree as to the conclusions of law to be drawn from those facts, the hearing will not involve oral testimony by witnesses, but will involve only the presentation of oral legal argument by the lawyers for the parties, with each party's lawyers seeking to convince the Judge that that party's interpretation of the legal implications flowing from those facts is the correct one.

2.6 It is therefore a not infrequent occurrence that no oral testimony of witnesses is presented at a trial, and that the relevant agreed or undisputed facts are recorded in affidavits or some other form of written statement.

2.7 Where affidavits are presented by the parties, how does one determine what facts are undisputed or common cause?

2.7.1 Obviously, where one party admits, in his or her affidavit, a fact alleged by another party in that other party's affidavit, that fact is common cause.

2.7.2 In addition, where one party alleges a fact in his or her affidavit, and the other party does not respond to or deny that allegation, then that other party is taken to have admitted that allegation as being true, and that allegation then becomes common cause between the parties.

2.8 Although Robert Mugabe and his fellow Respondents disputed, in their affidavits, many of the facts alleged by or on behalf of Morgan Tsvangirai in his Founding Affidavits, Robert Mugabe and his fellow Respondents either admitted or did not dispute a number of other facts.

2.9 The legal argument presented at the hearing of Morgan Tsvangirai's election challenge on 3 and 4 November dealt with the legal effect or interpretation of those facts which were common cause between the parties, ie: those facts which were alleged by Morgan Tsvangirai in his affidavits, and which were admitted or not denied by Robert Mugabe and his fellow Respondents in their own affidavits.

2.10 Among the facts which, on the basis of the elementary rules described above, were common cause between the parties, were the following:

2.10.1 Robert Mugabe had, in the run-up to the 2002 Presidential Election, used Section 158 of the Electoral Act to issue a number of Statutory Instruments which significantly changed the rules applying to the Presidential Election, including the rules relating to registration of voters and the conduct of the election itself. The contents of all those Statutory Instruments were not in dispute.

2.10.2 Morgan Tsvangirai was a candidate in the election, and Robert Mugabe was declared the winner of that election.

2.10.3 At the time of the March 2002 Presidential Election, only four members had been appointed to the ESC, and not the five members required by the Zimbabwe Constitution.

2.10.4 The High Court had, on March 2002, with the consent of the Minister of Justice and Robert Mugabe, issued an order requiring a third day of voting to be held throughout the whole of Zimbabwe on 11 March.

2.10.5 That Court Order was not complied with; in 80% of Zimbabwe's 120 constituencies, the polling stations did not open at all on 11 March 2002; the remaining 20% of Zimbabwe's polling stations, although they did open for voting on 11 March, did not remain open for the required minimum of 8 continuous hours.

3. ORAL ARGUMENT PRESENTED ON BEHALF OF ROBERT MUGABE

3.1 Robert Mugabe, as First Respondent, was represented by Mr Hussein. After Mr Hussein presented his oral argument, Advocate Gauntlett and Advocate De Bourbon replied on behalf of Morgan Tsvangirai. In the description of Mr Hussein's argument set out below, the replies given by Advocates Gauntlett and De Bourbon are recorded in brackets.

3.2 Mr Hussein began his oral argument by reading from and commenting on facts alleged by Robert Mugabe in his opposing affidavit, as follows:

3.2.1 In 1997 Robert Mugabe took the "bold and brave" decision to resolve a previously unresolved issue; Robert Mugabe "bit the bullet" and, impelled by conviction and principle, initiated the "Land Resettlement Programme".

3.2.2 In response to this initiative, Britain, a "former colonial power", vowed that Robert Mugabe would be "forced to relinquish power".

3.2.3 "Multilateral" organizations such as the International Monetary Fund, organizations which are "dominated by the US and Britain", withdrew their support for Zimbabwe.

3.2.4 In 1997, "when the first batch of farms for resettlement were designated, the Zimbabwe dollar tumbled to an all-time low".

3.2.5 Just before the March 2002 Presidential Election, Tony Blair had stated, in the British Parliament, that it was "absolutely outrageous" that Morgan Tsvangirai, a Presidential candidate, had been charged with treason during the Presidential Election campaign; that the people of Zimbabwe were living in a "hell hole"; that Robert Mugabe was "dictatorial"; that sanctions ought to be applied against Zimbabwe; and that, if Britain did not take action, the "right result" would not be obtained in the March 2002 Presidential Election.

3.2.6 After Robert Mugabe had "declared his principles" by initiating the Land Resettlement Programme, the MDC was "generously endowed" with foreign funding.

3.2.7 As if this was not enough, "Britain and the MDC got together to persuade the US" to pass domestic legislation to ensure that the "people of Zimbabwe voted properly" in the 2002 Presidential Election, ie; against Robert Mugabe.

3.2.8 Morgan Tsvangirai and "his party cheered on Britain and the US to isolate" Robert Mugabe.

3.3 Mr Hussein continued with his preliminary remarks as follows:

3.3.1 The "machinations" described above had never before "been witnessed in Africa".

3.3.2 Unfortunately for Morgan Tsvangirai, "these machinations came to naught", and Robert Mugabe won the election.

3.3.3 In bringing his court challenge against the election result, Morgan Tsvangirai was seeking to achieve what he failed to win in the political arena. His court challenge was a case of a political fight "spilling into court".

3.3.4 The High Court should be "extremely wary when a losing candidate comes to court to fulfill an agenda he failed to achieve on the political battleground".

3.3.5 Morgan Tsvangirai's court challenge was "devoid of any merit", and "must rank as one of the weakest petitions to come before the High Court".

3.3.6 "Absolutely no authority has been cited" by Morgan Tsvangirai's legal team "to justify how a person in an election petition can invalidate every single law in connection with the election." (In fact, in their written summary of their legal arguments, some 200 pages in length, Morgan Tsvangirai's lawyers had cited, in support of those arguments, more than 100 decided cases and statutes. Also, Morgan Tsvangirai was seeking to declare invalid only one section of the Electoral Act, Section 158, and the Statutory Instruments issued by Robert Mugabe in terms of that Section.)

3.4 (In reply, Advocate Gauntlett stated that it would be unnecessary - from a legal perspective - and undignified to respond to Mr Hussein's initial remarks, and gave them no further attention.)

3.5 After his initial remarks, Mr Hussein commenced presentation of his substantive legal arguments.

3.6 Mr Hussein's first contention was to aver to Mr Justice Hlatshwayo that "you have no facts before you - absolutely nothing". Mr Tsvangirai's lawyers, he said, "were doing cartwheels" when they argued that certain facts were common cause because Robert Mugabe had not denied those facts in his affidavits.

3.7 "What facts" Mr Hussein asked the Judge, rhetorically, "do you have to prove that polling did not take place on the third day?" Mr Tsvangirai's lawyers said Mr Hussein, had "not put up any facts" at all.

3.8 Mr Hussein submitted to the Judge that "what you are asked is to come up with a decision based on the flowery language" of Mr Tsvangirai's legal team.

3.9 A trial involving presentation of oral testimony of witnesses "was paramount" said Mr Hussein. The matter could not "be resolved on flimsy legal argument".

3.10 (Mr Hussein had apparently never heard of, or had forgotten, the elementary rules of procedure and evidence described in paragraph 2 above. He had also apparently overlooked the hundreds of pages of affidavits put up by Morgan Tsvangirai, containing a host of factual allegations.)

3.11 Mr Hussein went on to contend that Advocate Gauntlett was seeking "to declare 99% of Zimbabwe's laws invalid".

3.12 The legal arguments raised by Morgan Tsvangirai's lawyers were "unnecessary clutter" in the view of Mr Hussein. (He had apparently forgotten that all court cases are decided, following legal argument from the parties' lawyers, by application of the relevant law to the agreed or determined facts.)

3.13 Mr Hussein contented that, in the type of court challenge mounted by Morgan Tsvangirai, no order could be sought (as Morgan Tsvangirai was seeking in respect of Section 158 of the Electoral Act) to declare a law unconstitutional. (In reply Advocate Gauntlett emphasized that Section 102 of the Electoral Act stated that a challenge to an election result could be brought on the basis of "any cause whatsoever", including on the basis that the election law was unconstitutional.)

3.14 Mr Hussein asserted that the High Court does not have the jurisdiction to decide whether a law violates the Constitution, and that the question of whether Section 158 of the Electoral Act - which gave unrestricted power to Robert Mugabe to make election laws - was unconstitutional would have to be referred to the Supreme Court. (Mr Hussein did not attempt to explain how this assertion was compatible with the fact that the High Court, as shown in a list of more than 40 decided cases put up by Morgan Tsvangirai's legal team, had ruled on the constitutional validity of otherwise of statutes passed by Parliament.)

3.15 Morgan Tsvangirai did not have legal standing to come to the High Court to challenge the 2002 Presidential Election result, said Mr Hussein. (In reply, Advocate Gauntlett pointed out that the Electoral Act expressly states that a court challenge can be brought against an election result by any one who was an unsuccessful candidate in that election.)

3.16 Mr Hussein offered no oral argument, and cited no authorities, in respect of any of the following questions (which questions, Morgan Tsvangirai's lawyers had already argued, should be decided in Morgan Tsvangirai's favour, and should lead to the Presidential Election being declared a nullity):

3.16.1 Whether Section 158 of the Electoral Act, which gave unrestricted power to Robert Mugabe to make election law, was indeed unconstitutional or not.

3.16.2 Whether or not the election should be declared invalid if Section 158 was indeed found to be unconstitutional.

3.16.3 Whether the fact that the ESC was not validly constituted was a basis for declaring the election a nullity.

3.16.4 Whether or not the election should be declared invalid because no third day of voting was held.

3.17 Mr Hussein did, however, put up the following argument: "to set aside the election of the President of Zimbabwe, the Commander-in- Chief of its armed forces, and the person who signs all Zimbabwe's laws in order to make them of force and effect, simply because three lawyers appeared in court asking for this, would be a legal disaster."

4. Mr Chikumbirike then presented argument on behalf of the ESC.

4.1 Mr Chikumbirike's first contention was that the court should make a ruling that Morgan Tsvangirai had acted incorrectly in joining the ESC as a respondent party to the litigation; that the ESC, despite the fact that the Constitution gave it ultimate responsibility for supervising the election, had no substantial interest in the case; and that the ESC should be released from further participation in the case, as were the Minister of Justice and the Registrar-General in terms of the recent Judgment by Mrs Justice Guvava.

4.2 Mr Justice Hlatshwayo said that the ESC should have made this application for release earlier; that he would decide this question in due course; and that Mr Chikumbirike should, in the meantime, proceed with the rest of his argument.

4.3 Mr Chikumbirike contented that the meaning of Section 61 of the Constitution, which confirms the independence of the ESC by stating that it should not be subject to the control of any person or authority, is that not even the High Court can scrutinize its actions, or hold it to account.

4.4 On the question of whether the ESC had been properly constituted, Mr Chikumbirike said that the ESC had in fact come into being in 1980 when the Constitution was enacted, because the Constitution contained the words "there shall be an Electoral Supervisory Commission …". Because the ESC had come into being by operation of the Constitution, and not when its members were first appointed, it was irrelevant whether or not the full complement of five members had ever been appointed . (In reply Advocate Gauntlett pointed out, to much laughter in the court that, on this reasoning, there was no need ever to elect a President, or even members of Parliament, because the Constitution said "there shall be a President …" and "there shall be a Parliament …")

5. After Advocates Gauntlett and De Bourbon had presented their closing remarks, Mr Justice Hlatshwayo said that the matter involved complex legal arguments which would require some time to digest, and therefore that he was reserving Judgment. He did not give any indication of when he might be in a position to deliver Judgment.

6. If Mr Justice Hlatshwayo finds in favour of Morgan Tsvangirai on any of the principal legal points advanced by his legal team, then the Presidential Election of March 2002 will be set aside. If the court finds against Morgan Tsvangirai on all his legal arguments, then the case will go to the second stage, which will involve the presentation of oral testimony on the disputed facts, namely the allegations made by and on behalf of Morgan Tsvangirai concerning overt abuses on the part of the authorities in the conduct of the election.

WINDHOEK, Namibia, Nov. 5 (UPI) -- Next week's planned seizure of
white-owned farms in Namibia has sparked protest by a coalition of critics,
the London Independent said Thursday.

The Namibia Farmworkers Union, with support from landless blacks, farm
labourers and Namibia's government, plans to seize 15 farms next week.

But the National Society for Human Rights, a coalition of civic groups,
Wednesday strongly condemned the proposed land occupation, saying it would
do to Namibia what it had done to Zimbabwe.

The human rights coalition said it "does not support any unconstitutional
and unlawful takeover of any commercial or communal farms, regardless of the
colour and or political affiliation of the farm owners. If allowed to stand,
the proposed invasion could become a most serious setback for the relative
peace and tranquillity which this country has enjoyed since independence in
1990."

Alarmed white farmers represented by the Namibia Agricultural Union have
called on the authorities to protect privately owned land, warning the
seizures will have devastating economic consequences.

      Despicable, isn't it? No, not really. These victims of murder, rape
and torture are only Africans.

      Robert Mugabe and Zanu-PF are the heroes of millions of Africans -
including, we read on the weekend, the South African National Defence
Force's chief of intelligence, General Mojo Matau. Veteran journalist Harry
Mashabela wrote recently that Mugabe was "speaking for blacks worldwide".

      The government of President Thabo Mbeki doesn't seem to have a much
different view.

      We are not embarrassed when Namibia's President Sam Nujoma behaves
like a buffoon, cursing gay Namibians as pigs who will be dealt with or
storming into the offices of the public broadcaster to stop programmes he
did not like. We are not embarrassed when Mugabe destroys his country's
economy, agriculture and tourism, or when he jails a judge or ignore the
courts.

      No, these actions are par for the course, because this is Africa. We
do not have the same standards here, you see. We do things the African way.

      It is the African way for a prominent journalist to declare there
should be no such thing as unbiased reporting and that the public
broadcaster should bolster the government - and then that same journalist
becomes a member of the board of the public broadcaster. African journalism
is different from journalism elsewhere in the world, you understand?

      It would have been understandable if these views were held by
desperately poor, illiterate and forgotten people.

      But I'm referring to the new elite, the social commentators, the
political leadership in SA and our neighbouring states.

      For instance, political scientist Lawrence Schlemmer recently found in
a study of attitudes towards Zimbabwe that the richer black South Africans
are, the more likely they are to support Mbeki's sweetheart approach to
Mugabe.

      Africa is the Mother Continent, the birthplace of all human beings.
This is where our species for the first time developed culture and morality.

      The African civilisation is the oldest of all civilisations. If
anything, our values and standards and respect for human life should be
higher than is the case on other continents. This is supposed to be the
continent of ubuntu. Injustice is injustice, regardless of the race or
origin of the perpetrator or victim.

      Those who explain away human rights violations, undemocratic
behaviour, government corruption and excesses as "the African way" are a
blight on that precious honorary title "African".

      11/6/2003 8:56:08 AM (GMT +2)

      Gono, whose negotiating dexterity caught the nation’s imagination as
he stitched up fuel import deals at a time when Zimbabwe was increasingly
ostracised, was appointed the governor of the central bank on Tuesday this
week. This is a high-pressure job that has a precarious tenure and can be a
scapegoat for discontent over politically sensitive policy issues.

      "I am no stranger to challenging assignments, and this is one of them.
I, however, would like it known from the outset that the monetary function
of the central bank alone is not adequate for this or any economy to turn
around," said Gono.

      "For us to succeed, there has to be a host of collaborative efforts by
all stakeholders which must compliment and reinforce the actions that would
be taken by the central bank. The nation has no choice but to embrace itself
in unity of purpose while taking measures, tough as they may seem, to
correct past mistakes while at the same time moving ahead to place our
economy on a sound footing."

      The appointment of Gono, who many had erroneously speculated would
soon switch finance for politics, drew the curtains on the protracted search
for the key man at the country’s financial regulator, which has been
rudderless since the departure of Leonard Tsumba, who left in July after the
expiry of his term. It also brings to an end all the speculation and
uncertainty in the markets over the delayed appointment of a substantive
governor.

      Charles Chikaura has been acting governor since Tsumba left.

      Although it was only made public this week, Gono’s appointment has
been an open city secret. As early as the beginning of this year, before the
former governor’s departure, news had swirled about the imminent appointment
of Gono even as the incumbent (Tsumba) seemed to have set a distant
departure date. It was, however, difficult to ascertain whether Gono himself
had long coveted the top job at the central bank.

      Gears are expected to immediately engage as soon as Gono assumes
office at the central bank, which for now seems to have its needle well and
truly stuck insofar as pertinent policy issues are concerned, market
watchers said yesterday.

      They said with the coming in of a new governor, the RBZ was expected
to provide the electric jolt to light up the fuse for an early economic
recovery.

      To achieve this, they said, Gono would have to come up with a
well-defined interest rate policy, a realistic exchange rate regime, roll
out an array of anti-money laundering measures, bring down inflation levels
to their nadir as well as improve and enhance the RBZ’s supervisory and
monitoring role over the banking sector, which is not about to call time on
growth. The central bank has in the past tended to address banking sector
difficulties only after they have emerged publicly.

      "Personally, I have high regard for Gono. But before he puts the
surgical knives to use, there are justifiable questions over whether he can
overcome adversity in the face of inevitable extensive political
interference at the central bank. Or whether he has the clout to convince
the politicians and rally them behind his evolving vision for the future so
that they can nod through his proposal for the restructuring of the
institution," said one observer.

      He said that Gono, who takes up his new appointment on December 1, two
days after his 44th birthday, was a cautious businessmen who would not "take
the plunge" unless guaranteed a free rein. Gono would be on notice to
perform, he said, but was prudent enough to know when to cut his losses than
linger in unsatisfactory circumstances "if the government does not play
their role".

      Gono, the tea maker-that-made good, proved his mettle when he was
thrust at the heart of a corporate maelstrom as the chief executive officer
and managing director of the Commercial Bank of Zimbabwe (CBZ), which he has
since turned around to become something akin to a byword for banking
excellence and corporate solidity.

      At the time he joined the CBZ, now trading as the Jewel Bank, the bank
exhibited severe financial, operational and compliance problems which
ironically exposed the weaknesses inherent in the supervisory and monitoring
focus of the RBZ — the institution the seemingly unflappable Gono is now
going to head.

      The CBZ suffered a full-blown liquidity crisis, a run on the bank
underlying deep depositor alienation, revenues which were not sufficient to
provide for adequate capital and cover losses in the face of mounting
delinquent loans as well as support present and future operations. But today
it has the distinction of being Zimbabwe’s best-known turnaround success
story.

      Chiwenga has been Commander of the ZNA since July 1994 and played a
number of roles in the Zimbabwe National African Liberation Army’s high
command during the armed struggle.

      President Mugabe is the Commander-in-Chief of the ZDF.

      Shiri, Commander of the Air Force of Zimbabwe (AFZ), was next in line
to succeed General Vitalis Zvinavashe as Commander of the ZDF, in line with
the mooted system of alternating commanders of the AFZ and ZDF for the top
military post.

      Zvinavashe was the first commander of the unified forces.

      A close ally of President Robert Mugabe, Zvinavashe is retiring in
December after nine years at the helm of the country’s military.

      He is reportedly set to embark on a political career, most likely as
ZANU PF’s godfather for the Masvingo province following the death of
Vice-President Simon Muzenda.

      Sources said the sidelining of Shiri from the army’s top job was
calculated at pacifying any political undertones that might emerge as a
result of his association with the North Korean-trained Fifth Brigade, which
led an anti-dissident insurgency operation in Matabeleland that resulted in
the massacre of hundreds of Ndebeles in the early 1980s.

      Appointing him head of the ZDF, especially at such a desperate moment
for ZANU PF in the country’s political history, would anger the few
politicians the party has managed to win from the region and the former PF
ZAPU, then led by the late Joshua Nkomo.

      Nkomo, who was blamed for the dissident movement, signed a Unity
Accord with ZANU PF in 1987 resulting in the merger of his party with ZANU
PF and an end to anti-dissident operations, code-named Gukurahundi, in
Matabeleland and parts of the Midlands.

      Sources said anyone who would take over the army’s top job had not
only to be acceptable to President Mugabe, but to the two major tribes, the
Shona and Ndebele, the army and the President’s successor.

      "President Mugabe is walking a tight rope," a source said. "If he
chooses Shiri, he would be actually revamping the memories of the
Gukurahundi massacres and angering former ZAPU members, now key members of
his party. That would be unwise. Chiwenga is generally accepted by the
people in Mashonaland and Matabeleland so he stands a chance."

      Tungamirai told The Financial Gazette this week that the general trend
when appointing army bosses is that of alternation between the army and the
air force.

      "This last period, the defence forces were headed by a person from the
army," he said. "And the next in line should be a person from the air force.
That is the trend even across the borders. They are supposed to alternate,
but who knows, the President being advised by the Minister of Defence, may
have a different strategy."

      Tungamirai, who together with former defence forces chief Solomon
Mujuru are the only two soldiers who have been awarded the Grand Commander
Order of Merit of Zimbabwe for bravery, scoffed at suggestions in some
military quarters that a major-general might take over the post.

      "That’s impossible," the former air force chief said. "We have a
stringent chain of command in the forces and I do not see a junior officer
being elevated to give orders to those who have been above him or her for a
very long time."

      Tungamirai and Mujuru are the only two soldiers who were co-opted into
the supreme decision-making body, the politburo, after their retirement.

      Although Zvinavashe, who is currently on leave, could not be reached
for comment, sources said he was bracing to fight it out with former air
marshal Josiah Tungamirai for the Gutu North seat which fell vacant after
the death of vice president Simon Muzenda about two months ago.

      The sources said Zvinavashe’s retirement could be a deliberate move to
prepare him to take over as a co-vice president, on the strength of his
loyalty to President Mugabe.

      "Mugabe needs to feel secure when he retires," the source said. "But
what better way to do that than to place his loyalist Zvinavashe to be his
deputy before he finally throws in the towel."

      11/6/2003 9:02:17 AM (GMT +2)

      They said this week that a political truce between the two warring
parties — the Movement for Democratic Change (MDC) and ZANU PF — held the
key to any turn-around to Zimbabwe’s faltering economy, hinting that the
reshuffle would be nothing less than the traditional recycling of ZANU PF’s
old guard.

      The proposed Cabinet reshuffle, alluded to by President Mugabe last
week to bolster the faltering economy, could yield nothing if political
dialogue between ZANU PF and the MDC is avoided, the analysts said.

      The MDC, whose president, Morgan Tsvangirai, is in court challenging
President Mugabe’s re-election in the 2002 presidential election, has
refused to accept President Mugabe as the legitimate head of state, saying
he stole the election.

      Formal talks between the two feuding parties collapsed in August last
year after the ruling party pulled out of the negotiations, citing
Tsvangirai’s decision to challenge the presidential poll results in the High
Court. The election petition kicked off in the High Court on Monday.
Judgment in the case was reserved.

      Addressing the 55th ordinary session of the ZANU PF central committee
in the capital last Friday, President Mugabe announced that besides a
Cabinet reshuffle, the government this week would start the process of
overhauling the troubled Reserve Bank of Zimbabwe (RBZ) with a view to
addressing the current economic crisis. Banker, Gideon Gono, was on Tuesday
appointed governor of the RBZ for five years, effective December 1 2003.

      "I don’t think reshuffling the Cabinet is going to solve the current
economic woes in the country," Brian Kagoro, the coordinator of Crisis
Coalition in Zimbabwe, said.

      "What is required is the opening up of dialogue between ZANU PF and
the MDC because if the reshuffle means consolidating the hardline stance
adopted by the ruling party, then it will not solve the problems we are
facing. If the reshuffle is not focused on the beginning of political
dialogue, then it will be leading us further into political and economic
problems."

      A political commentator from the ruling party who preferred to remain
anonymous said the new Cabinet should be inclined to serving the people, not
President Mugabe.

      "If done in such a way that the Cabinet will serve the people and not
President Mugabe, then it may yield results," the political commentator
said.

      "At times one may be persuaded to think that we really do have a war
cabinet in that it is so corrupt it’s untrue to believe. Instead of
emancipating the people economically, they are busy looting and suppressing
the masses. The new Cabinet must be acceptable to the people and not to
President Mugabe alone."

      Another political commentator, Heneri Dzinotyiwei, said reshuffling
the Cabinet was merely avoiding the real problems facing Zimbabwe.

      "People are putting too much effort on issues that don’t focus on the
real problem," he said. "The problem is not the reshuffling of the Cabinet,
it’s all about changing the current climate to restore investor confidence.
You play around with the same names then what? The climate in Zimbabwe now
is one of antagonism, suspicion and restlessness, which deters investors."

      He added: "Even local businessmen and those in key government
positions are not investing in Zimbabwe, and that includes banks. People
would rather invest outside their own country because the climate is simply
not conducive for business."

      He said the government should take a leaf from the marketing strategy
embarked on by one of its ministries, the Ministry of Environment and
Tourism, and vigorously market the country to restore sanity in the economy.

      Zimbabwe has been ostracised by the international community, including
the Commonwealth grouping of 54-member states for reportedly not adhering to
the basic principles of human rights and democracy. This isolation has
thrown the country, once a regional bread basket, into a classic example of
a country pauperised by galloping inflation, cash, foreign currency and fuel
shortages and high interest rates.

      ZANU PF insiders told The Financial Gazette this week that among the
ministers likely to face the chop were notably Agriculture Minister Joseph
Made for reportedly failing to keep in check the land reform exercise and
Energy and Power Development Minister Amos Midzi, who inherited the troubled
fuel industry but failed to bring sanity to the sector.

      Others are Finance Minister Herbert Murerwa, who might get the boot
for allegedly failing to come up with sound and convincing economic policies
and Health Minister David Parirenyatwa who has failed to resuscitate the
collapsing health delivery system.

      The insiders said Education and Sports Minister Aeneas Chigwedere may
lose his post to Information Minister Jonathan Moyo.

      Moyo was likely to be replaced by his department’s permanent secretary
George Charamba.