The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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Sunday Times (SA)

Military chief after Mugabe's seat

Saturday November 08, 2003 16:23 - (SA)

HARARE - Zimbabwe's top military commander, General Vitalis Zvinavashe on
Saturday declared himself ready for "national political duty" when he
retires next month.

Zvinashe, who has been seen as a likely successor to President Robert Mugabe
because of his policies, has indicated his support for widespread seizure of
white-owned business assets in Zimbabwe.

This was similar to Mugabe's "revolutionary land reform programme" that
started in 2000, which urged lawless ruling party followers to invade and
occupy 95% of the 11-million hectares of land owned by whites.

Zvinashe had been linked to political violence, corruption and involvement
in the illegal "blood diamonds" trade during the war in  the Democratic
Republic of Congo.

He said that he would refuse to obey opposition leader Morgan Tsvangirai if
he was elected to power.

"Tsvangirai's Movement for Democratic Change was created by foreigners and
some Zimbabweans who have become willing British collaborators. These
collaborators are prepared to wash away the wishes of thousands of young
Zimbabweans who shed blood in pursuit of a free and liberated Zimbabwe,"
said Zvinahe.

He said his party will not accept, support nor salute anyone with a
different agenda that threatened the very existence of their  sovereignty,
their country and people.

However, he said there was "nothing wrong with opposition parties," but
added an opposition which went against the wishes of the people became
irrelevant in any political structure.

In the state-controlled daily Herald newspaper, he said he stood  ready to
accept any national task bestowed upon him by the leadership of the country
in post-military life.

However, he has dismissed reports that he would mark his entry into
Zimbabwe's political mainstream by campaigning for a parliamentary seat in
his home area in southern Zimbabwe.

"I would never opt for a district position. I am the commander of the
Zimbabwe defence forces, which is a national position," he said.

Although Zvinashe has shown the willingness to take over the presidency,
Mugabe has given no indication whether he will retire.

The pressure from within his ruling Zanu-PF party and from the international
community has not been successful in forcing him to step down.

However, many people believed that he will make an announcement when the
ruling party holds its annual conference in the southern town of Masvingo
next month.

One senior Zanu-PF official said Mugabe's resignation was the first step
that had to be taken before the country can start to end the worsening
economic and social crisis.

Sapa

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ORGANISED THEFT BY ZIMBABWE GOVERNMENT OFFICIALS AT ROAD BLOCKS

Attached for information is a report by our company lawyer who had to
extricate an ex employee from police custody when they illegally seized
legitimate foreign currency he was carrying en route to Botswana.  It
transpires that government officials are now adopting the stance that
persons carrying currency in cash, even though endorsed legitimately in
their travel document, are having the same confiscated by police at road
locks en-route to the border.  In cases where the legitimacy of the
official action is questioned, the option is given of 'take a receipt for
the money or go to the cells'.
Please be cautioned accordingly.
Jonathan Rowland

Gentlemen,

Another quiet day at the office,shuffling papers and watching the
potplant wilt.

George Theart and his wife were ostensibly "arrested"at a Police roadblock
about 5 km outside Bulawayo this morning.They were en route to Botswana to
clear their belongings at the Plumtree Border Post.

They were in possession of R1800-00,which,according to the law,they could
lawfully hold without the need for any permit or authority.George had
documentation proving that he had declared the money when he entered
Zimbabwe.

The Police were not inclined to be distracted in their mission to confiscate
money by mere technicalities such as the Law.They had a "Directive"which
they were following.

The Police were of the opinion that" staff from the Reserve Bank were coming
to decide whether the monies seized would released back to the person from
whom it was seized or declared 'confiscated'".The people at the RBZ failed
to arrive for an hour.When contacted by radio they asked akward questions
like"In terms of which law have you arrested these people?"and "In terms of
which law do you want us to confiscate this money?".

The Police seemed to realise that all was not going according to the Grand
Plan spelled out in the Directive.It was time to switch to 'plan b'.

Assistant Inspector Chiure,Member-in Charge Donnington Police Station and
mastermind-in -charge of the roadblock,then announced that the RBZ personnel
were waiting at Mabutweni Police Station and would process the people there.

The convoy of vehicles duly set off,with Police personnel stategically
placed in various cars to both give direction and ensure that no-one
absconded.We arrived at Mabutweni Police station which is a tiny Police
station on the edge of the high density suburbs on the western side of
Bulawayo.As far as I could see there were three small offices,one of which
was a Charge office,and two cells at the back.

Surprisingly,the RBZ people were not waiting for us.They seemed
reluctant to get involved.

Half an hour later Det.Inspector Moyo arrived in a dark blue
LandRover.He parked in the driveway and assessed the situation.Our lawyers approached
him and showed their Law Society Identity cards.They discussed the situation and
asked on what legal basis money was being taken.Moyo was unpeturbed.He said
that proper receipts would be given.

When that did not satisfy our lawyers and they showed him the Legal statutes
which allowed persons to lawfully hold foreign currency D.I Moyo decided
things were getting a bit out of hand.


He stated"That is the opinion according to the law but I have a different opinion."This clearly demonstrates the absolute lack of regard and respect
for the law prevailing amongst senior members of the Police.

DI Moyo then decided that there were too many people in the Police station
grounds.He ordered everyone to park outside and instucted that everyone
should stand next to their cars.It was then noticed that he had parked
everyone inside.There was a short delay while his vehicle was moved and
people removed their vehicles.

He then became impatient with the questions raised about the legality or
otherwise of the Police action.He decided it was time for the Riot Squad to
be called in.He obviously felt threatened by about 20 people standing
quietly in the shade of the trees in front of the Police station.

DI Moyo then commandeered the office next to the Charge office and began to
"process"the people.When our Lawyers enquired about the "Status"of their
clients i.e were they under arrest and ,if so,on what charge?and if they
were not under arrest,on what basis had they been removed from the Plumtree
road and brought to Mabutweni Police station?it all seemed to be a bit much
for DI Moyo.
He threatened to lock everyone in the cells and keep all lawyers cordoned
off by the Riot Squad at least 50 metres away from the Charge Office.

The Riot squad had quietly arrived.A single policeman who had walked in and
put his baton down,removed his helmet and was sitting on the wall among the
people waiting to be' processed."This was not what DI Moyo had anticipated
and he was not happy.

Two trucks arrived with more Riot Police.They had arrested about 14 women
who deal in foreign curency on the streets of Bulawayo,mainly outside the
Magistrates'court.They seemed disinclined to move anyone away or form a cordon.

Moyo went back to his "Processing",which consisted of taking the money and
issuing a bright yellow receipt.When asked how a persons were going to get
their money back,he sagely advised
"Keep that receipt."Either that was all he knew or he believed it was all so
patently clear that no further elaboration was necessary.

In the meantime,when it was clear that the Law was irrelevant and would be
ignored even when calmly and patiently demonstrated to the Officers of the
Law,the diplomatic channels had been used.

Full marks to Mr Sithole,the Deputy High Commissioner at the South African
High Commission.When briefed about the situation,he immediately contacted
the Officer Commanding,Matabeleland and things started happening.

George and his wife had been "processed'and were the proud holders of the
unique bright yellow receipts,so highly regarded by our Police.They were told
by DI Moyo that "They were free to go".
As they stepped out of the office they found that they were not in fact free
to go.Another Policeman wanted them to sit in the Charge office,a classic
case of the left hand not knowing what the right hand was doing and neither
doing anything legal or worthwhile.

They were so seated and our lawyers were trying to find out why they were in
the Charge office when a Policeman much-bedecked in gilded braid arrived in
a small van.He asked for George and was directed to the Charge office.He
advised that the SA High Commission had 'phoned and that George and his wife
were to be given back their money immediately.It was done!

A clear and unequivocal admission that the taking of the money was unlawful.

We accompanied George back to the roadblock where it had all begun some 3
hours earlier.The Assistant Inspector was most helpful and gave George
his(the Policeman's)personal radio signal and told him if he had any further
trouble on the road he should just get on the radio and any problem would be
sorted out.

I would suggest that the Policemen involved,ie Chiure and Moyo,should be
sued in their personal capacities for wrongful arrest and unlawful
detention.Moyo was particularly obnoxious and firmly believes that he is
utterly above the law.That perception should be changed.Counsel should be
briefed and I suggest we instuct our lawyers to do so immediately.

As an aside,for those of you of a horticultural inclination and who have
ever wondered what a cannabis or mbanje plant looks like,a
"politically-retired"farmer friend of mine pointed out two healthy specimens
to me.They are growing in the flower bed in the shade of the flag poles in
front of the Police station where our ever-watchful and eagle-eyed fighters
of crime and/or evil walk twice a day to raise and lower the National and
ZRP flags.

Regards,
N
 
 
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The Transition.

The past month has been very significant in many ways. People are asking
"how much longer do we have to wait?" My response has been that I really do
think we are close to the beginning of the end right now. The transition may
have in fact started. Why do I believe this to be true?
There are 6 main reasons: -
1. The economy is deteriorating at an accelerated rate. Inflation in
the month of October has been well over 100 per cent and shows no signs of
slowing down. The reaction of the government to this state of affairs has
been irrational and inconsistent and they show no signs of either being able
or even willing to put things right.
2. The antipathy of African States towards the Mugabe regime is slowly
gathering momentum - Senegal, Kenya, Uganda, Mali, Botswana, Malawi are all
outspokenly critical of Mugabe and in South Africa the tide of critical
analysis is reaching new heights. Even the "quiet diplomacy" advocates are
making more noise in public - much of it critical.
3. International opposition is firm and growing - the EU and the USA
are solidly in favour of a return to democracy, the West Indies is adding
their significant voice. The majority of Commonwealth States, including
India are critical and now the World Council of Churches has joined the
debate as have the majority of the global human rights community.
4. The domestic political situation is moving against Zanu all the
time. The State is less and less able to fund patronage - its sole remaining
source of political support. Its intellectual voice - once so powerful, is a
pitiful bag of hot propagandist air. The rural poor are waking up to the
fact that they have been sold empty promises with "land reform" written on
them.
5. The legal case against Morgan Tsvangirai is virtually lost, they
have admitted they have no case and are struggling to find new grounds on
which to retain their hold over his passport. The legal case against the
election of Mugabe in 2002 is overwhelming and the facile defense put up by
the State this week to the powerful legal arguments made by the MDC team
amply demonstrates this.
6. And now, worst of all, the kingpin of Zanu domination is sick - an
old man of nearly 80 who has had a slight stroke, cancer of the throat and
now of the prostrate and has been showing all the signs of failing health in
recent weeks. The shaking hands, loss of hair and visible physical weakness.
Reported collapse at the wedding of a relative with medical reports of an
irreversible loss of circulation to the brain. The stress under which he is
operating is a medical time bomb.

So Zanu PF is faced with a nightmare scenario - they have three options open
to them: -
a) They have been toying with the idea of a "behind closed doors
military coup" which would bring to power a military clique with Mugabe as a
"cardboard face to the world". This would effectively mean that a Junta of
appointees would run the country behind the shaky democratic front that is
all that remains of Zanu PF in Zimbabwe.
b) They can enter into negotiations with MDC in an effort to secure
some protection for themselves once the electoral process has delivered
judgement and to try and set up a transition process that will minimise the
pain.
c) Or they can gamble on Mugabe's health and try to spin out the
situation for as long as possible to enable them to tidy up the battlefield,
externalize their wealth and shred documents.

The African Union and in particular the southern African region of the AU
would not allow even a pseudo military coup to take place. They know that
change in Zimbabwe which does not result in some sort of international
reconcilliation is simply not workable - would make matters worse and would
violate all the things that they are trying to do to remedy the awful image
that Africa has in the world. So I think that this option has faded as a
realistic way out for the regime.
This leaves them with options (b) and (c). It is in respect to these options
that the recent poor health of the President has such serious implications.
The reports of his poor health and lousy prospects have thrown Zanu PF into
a state of near panic. If Mugabe dies or is incapacitated then they face a
new presidential election in 90 days or less, with a candidate as yet
unselected and a hostile electorate and global community. For Zanu PF this
is the nightmare option, an uncontrolled exit from power without safely
nets.
So Zanu has divided into two camps. Those who think they can survive a
transition to a MDC led government and keep the majority of their dignity
and ill gotten gains intact and the other faction who know that there will
be no escape for them except flight and then to where?
Mbeki restated his belief that the situation is under control in Zimbabwe
and that MDC and Zanu are talking. He said that in Canada at a press
conference with the Canadian Prime Minister two days ago. You do not say
things like that lightly at such forums. Perhaps he knows more about this
process than those of us who are actually on the field of play; sometimes
this is possible.
But for Zanu PF the options have narrowed in the past month. Zinovashe has
retired and is clearly headed for greater things in Zanu - hopefully he will
be the next Zanu PF leader. He certainly has all the attributes required -
an ego the size of a mountain and a massive illegal fortune. But, like
cattle on their way to the diptank, events are herding Zanu PF to a single
exit, a negotiated transition back to democratic rule based on one person,
one vote. This is what the people of this country fought for, for nearly a
century; it is our absolute right. For Zanu it represents a nightmare, but
there is no alternative and those fat gorged ticks that currently sit on the
hide of what was once a proud liberation movement will be washed off and
destroyed in the process.
It is the only way that Zanu - thinner and wiser, can survive. For us in the
MDC - are we ready to fight the inevitable election that is coming? Are we
ready to govern? For us these are the immediate challenges and we are
working flat out to be sure that we are. We are also deeply aware that the
people of Zimbabwe are looking to us for a better life, greater freedom and
safety. We dare not let them down.
Eddie Cross
Bulawayo, 6th November 2003.
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Telegraph

Instability spreads as thousands flee from Zimbabwe
(Filed: 08/11/2003)

The effects of Robert Mugabe's regime are forcing thousands of people to
seek sanctuary in neighbouring countries - a situation that is threatening
to destabalise the whole region, writes Tim Butcher in Gabrone.

Less than a mile from the mirror-panelled banks and high-rise offices of
Botswana's richest firms, penniless Zimbabweans gather on dusty street
corners begging for work.

Unregistered, unkempt and unlawful in a foreign land, the desperate men
whisper "Piece work, piece work" sotto voce, meaning "odd job" to any
passer-by.

If you are brave enough to stop your car at what appears to be an empty
junction, a mini-stampede erupts as Zimbabweans surge towards the vehicle,
hands flapping for car door handles in an unseemly scrum to be first in
line.

Malnourished and haggard, the men try anything to convince would-be
employers. Some brandish O-level certificates as proof that they passed
through Zimbabwe's once respected but now barely functioning education
system.

Others show references from employers back in Zimbabwe long closed down or
even character references from the country's opposition Movement for
Democratic Change, to indicate that they are not tainted by association with
President Robert Mugabe's regime.

All the documents have to be retrieved from a carefully secreted position -
tucked in a sock or hidden behind a belt. To be found with such paperwork by
the police is grounds for the bearer to be kicked out of Botswana as an
illegal.

"I have been coming across the border regularly for two years now," said
24-year-old Mqondisi from Zimbabwe's second city, Bulawayo.

"We get a few days' permission to be here, but we all stay to look for work
because a little bit of money here in Botswana is more than we can hope for
in Zimbabwe. The police catch us and stick us in the trucks that take us
back over the border, but after a few days we come back."

The problems caused to southern Africa by the Mugabe regime's systematic
destruction of the economy and the democratic system are causing worsening
trouble.

An estimated three million Zimbabweans are seeking sanctuary in neighbouring
South Africa, while 400,000 have gone to Mozambique. Anything from 10 to 20
per cent of the Zimbabwean population have left their homes to seek job
security and wages in neighbouring lands.

Trains, buses and lorries have been used by the South African authorities to
deport 498,321 since the crisis began in 2000, according to official
figures, although it is believed that only one in six illegal immigrants is
caught.

Even desperately poor Mozambique is now attracting Zimbabweans. Thousands
have streamed over the mountainous eastern border into Manica province,
hoping to be paid in any currency other than the Zimbabwean dollar.

Ironically, many black Zimbabweans are leaving for Mozambique to work on
farms being run by the same white farmers kicked off their land by Mr
Mugabe.

Zimbabwe may hate the white farmer, but scores have been welcomed into
Mozambique by the authorities keen to lure agricultural specialists,
especially in the tobacco sector.

Botswana, too, has also been inundated. A rare African economic success
story, it is now under threat from hundreds of thousands of illegal
immigrants. It is dramatic proof of the regional chaos caused by Mr Mugabe's
chaotic rule.

With a tiny population of only 1.7 million, Botswana faces being overwhelmed
by those fleeing the economic chaos, political violence and spiralling
lawlessness of Zimbabwe, which has a population more than eight times
greater.

The flood has led inexorably to tension, with Botswanans blaming the
arrivals for a surge in petty crime and for stealing jobs. Local police have
been accused of beating the arrivals and other human rights abuses.

Spencer Mogapi, editor of the independent Botswana Gazette, said: "If we had
10,000 illegal Zimbabweans here we would not be able to cope because we are
so small.

"But our government says officially that there are 60,000 here already and
most people believe the real number to be much more than that."

The suburb of White City in the Botswanan capital, Gaborone, offers clear
proof of the scale of the problem. As the crisis in Zimbabwe has worsened,
the illegal immigrant situation in Botswana has become steadily worse,
although the secretive government of President Festus Mogae rarely speaks
publicly about the problem.

He is understood to be concerned about the influx, which threatens the
economic and social stability of his small country, and as a result he is
believed to be one of Mr Mugabe's fiercest regional critics.

A new detention centre for illegal immigrants has recently been built near
Botswana's border with Zimbabwe, and Botswana is erecting an electrified
fence along the border to stop illegal immigrants and diseased cattle.

There was no response from the president's spokesman after an approach by
The Telegraph, and a western television crew was asked to leave the country
recently after attempting to film a report on the issue.

Don McKinnon, secretary general of the Commonwealth, discussed the regional
fall-out from Mr Mugabe's economic mismanagement recently and let slip that
Botswana might have as many as 200,000 illegal immigrants from Zimbabwe.

Alfred Dube, Botswana's ambassador at the United Nations, hinted at the
threat of vigilantism against illegal Zimbabwean immigrants who are blamed
for everything from petty crime to spreading Aids.

"We are concerned about what is going on," said the ambassador. "It is very
unfortunate that we have our houses being burgled every day and our children
being harassed. We understand why our people are saying Zimbabweans must
go."

Back in Gaborone, Mr Mogapi said death provided the starkest proof of the
scale of the problem. "There are so many of them that when they die they are
filling up our mortuaries for days as their families do not have the means
to come to collect them," he said.

"The authorities here have to bury them in unmarked graves. It is a very sad
situation."

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The Herald

Forex dealers outwit police

By Rex Mphisa
POLICE seem to be making little or no progress against illegal foreign
currency trading, which has now spilled from Roadport international bus
station to Harare's Fifth Street after the deployment of uniformed riot
police this week.

The illegal transactions are now being conducted on other streets and flea
markets.

The police's desperation to curb the practice was manifest in the deployment
of riot police who the illegal money-changers can easily identify and evade,
instead of plainclothes detectives.

Observers say the presence of riot police at the international port creates
an impression that Zimbabwe is not at peace and paints a bad image to
tourists and travellers coming into the country.

However, police spokesperson Inspector Cecilia Churu said of the deployment:
"We are only chasing them away and the main aim is to curb the illicit
dealings especially in the city centre.

"We will continue making tireless efforts until such practices are put to an
end and we will leave no stone unturned in bringing to book anyone found
dealing in these activities."

In the past, hundreds of illegal foreign currency dealers had besieged the
terminus and its periphery where trade is fast-fuelled by cross-border
travellers who use the international terminus.

"Pane mupurisa ndipo pane mari (where there are police is where wealth is)
and they cannot stop us, we see them from afar and walk away," said one
dealer who had just been fined $25 000 for "obstructing passengers".

He said all people arrested at the terminus were not charged for illegally
dealing in foreign currency but for either loitering or other offences
attracting lesser penalties than that of dealing in foreign currency.

Some dealers said the illegal foreign currency trade would not be easy to
put under control because it involved some "chefs" and they funded those
involved in the trade - a claim that could not be substantiated or
dismissed.

But dealers even laughed at the police for their apparent lack of tact and
said they should have deployed detectives who could dupe people into
believing they were buyers.

The illegal foreign currency traders whistle or make signs of money with
their fingers to motorists passing along Fifth Street.

After riot police moved in at the port, the dealers simply spread out and
positioned themselves along all roads leading to Roadport.

They moved into George Silundika Avenue and other nearby streets.

The dealers have lost respect for traffic and block vehicles as they wave
down motorists and make signs of their illegal trade.

They have become more daring as they embark on their style of "aggressive"
marketing of foreign currency.

Last year, government closed bureaux de change outlets.

Members of the Apostolic Faith sect, who call the shots of a similar trade
and have virtually taken over sections of Bulawayo, are fast descending on
Harare.

"We are not even afraid of them (police) because they also want to survive,"
said one woman.

A 14-year-old boy who sat with some women dressed in white clothes along
George Silundika Street on Thursday introduced himself as someone who sells
foreign currency.

"I am not going to school today and I am working," he said pointing to a
small bag containing South African Rands.

Apart from foreign currency dealers, Roadport terminus has become a haven of
pickpockets.

The proliferation of pickpockets has been blamed on the arrival of scores of
pirate taxi operators who hire touts to load their vehicles.
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The Herald

Gold scam unearthed

By Peter Matambanadzo
THREE gold dealers who were arrested for allegedly smuggling 144,6
kilogrammes of gold with a street value of US$161 100 (ZW$96,6 million) to
South Africa yesterday appeared before a Harare Magistrates' Court.

Ian Hugh Macmillan (60), a retired businessman, his son Ewan Macmillan (24)
who owns two gold mines in Shamva and Bindura and Claire Lynn Burdett (33),
a pilot appeared before provincial magistrate Mr Mishrod Guvamombe facing
charges of contravening the Gold Trade Act.

The three, who were also alternatively charged for breaching the Customs and
Excise Act, were brought to court under heavy security escort.

They were remanded in custody to Monday when a ruling on their bail and
refusal to be placed on remand applications would be made.

Outlining the State case, chief law officer Mr Joseph Jagada said the three
connived to smuggle gold to South Africa.

He said Macmillan and his son had been buying gold from illegal panners and
processing it before taking it out of the country in contravention of the
Gold Act, which prohibits the export of gold by individuals or companies.

Mr Jagada said on October 3 this year Macmillan Senior went to Zambia to
obtain documents, which purported to authorise him to export gold from
Zambia under the name of a company called Scopion Metal Limited.

On October 8, the State alleges, Macmillan Senior took some substance (raw
metal) to the Geological Survey of the Ministry of Mines in Zambia.

It is alleged that the raw metal weighed 144,6kg and when it was examined it
was discovered that it contained some gold valued at US$161 100.

Gold was this week trading at US$378,75 per ounce.

Macmillan Senior was then allegedly issued with a valuation certificate
number 433-2003 by the Ministry of Mines in Zambia and an authority to
export the raw metal to Rand Refineries in South Africa.

After obtaining the documents, it is alleged that Macmillan, his son and
Burdett then created similar documents to those obtained from the Zambian
authorities.

They allegedly forged a valuation certificate with a value of US$1 611
208,95 instead of US$161 100 and the signature of the authorising person in
Zambia.

They also forged an authority to export the raw metal now valued at US$1 611
208,95 and cited the reference number of the forged valuation certificate
433/03, the State alleges.

It is also alleged that they forged a Customs Declaration Form CE20, which
indicated the registration number of the plane to carry the consignment as
SA-034.

The three further allegedly forged a signature of a senior Zambia Revenue
Authority official purporting that the consignment was inspected and had
been cleared when it had not been checked.

The accused persons, the State alleges, then gathered gold, which they had
bought from illegal gold panners in Kadoma, Kwekwe, Bindura and Shamva which
weighed 144,6kg, the same weight as the raw metal which had been examined
and authorised for export in Zambia.

They then allegedly flew the gold from Zimbabwe in a Cessna 210 aircraft
registration number Z-MAC to Beira, Mozambique and then Johannesburg in
South Africa.

Acting on information received from South African authorities, police in
South Africa detained Burdett and confiscated the gold after she produced
the alleged forged documents.

The documents were also seized and held as exhibits.

According to the State, the gold was examined and it was discovered that it
was not South African or Zambian.

Records recovered from Macmillan Junior's mines indicate that the gold they
sold to the Reserve Bank of Zimbabwe was less than the amount of gold
produced at the mines.

The three's lawyer Advocate Eric Matinenga assisted by Advocate Metah Deepak
said there was no reasonable suspicion that the three had committed an
offence.

He said the aircraft had flown out of the country lawfully and nothing
illegal was being carried on it.

"The State has to put a reasonable case that the gold found in South Africa
is Zimbabwean. There is no basis of placing the accused persons on remand.
Having failed to establish the originality of the gold the question of
jurisdiction arises," he said.

Adv Matinenga also submitted that there was no indication where the gold was
from and at which port it was smuggled through.

"Accused three's arrest is absurd and outrageous. He was detained because he
owns two gold mills," Adv Matinenga said referring to Macmillan Junior.

Responding to the submissions, Mr Jagada said that at this stage the State
was only requesting the court to place the accused on remand on facts it
provided.

"The State's view is that the facts it has presented warrants accused
persons to be put on remand. It is clear that the documents were forged and
it was not disputed by the defence," he said.

Mr Jagada said there was reasonable suspicion that the accused had used
different information to facilitate the smuggling of the gold.

"The gold was seized by South African authorities. There is no documentation
where the plane departed from Zimbabwe. The plane is not even insured. What
the defence has submitted is not for remand but for trial," he said.

Mr Jagada further submitted that the Gold Trade Act requires registered
dealers to have proper records but in this case the accused did not have
them.

"We are here only to apply for the accused to be placed on remand since we
believe that there is reasonable suspicion that they committed an offence,"
Mr Jagada said.
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IOL

Bob plans to 'sneak' into Commonwealth talks

      November 07 2003 at 09:27PM

      By Basildon Peta

Zimbabwean President Robert Mugabe is battling to sneak into the forthcoming
Commonwealth heads of government meeting in Abuja, Nigeria, next month after
he was initially barred from the meeting because of his unrelenting human
rights abuses.

Reports from Nigeria and in Zimbabwe say intensive discussions are under way
between Mugabe and Nigerian President Olusegun Obasanjo and Mugabe could
still make it to the summit.

Quoting unnamed diplomatic sources, the Zimbabwe Independent newspaper said
Mugabe's "critical talks" with Obasanjo could secure him a belated
invitation to the biennial summit, even if it may not mean full
participation.

The newspaper claimed that President Thabo Mbeki, who remains upbeat about
the prospects of a resolution of the Zimbabwe crisis, was part of
negotiations to secure Mugabe's attendance of the meeting.

      Mbeki has said he does not see any reason why Mugabe should not be
invited
Mbeki, who has said he does not see any reason why Mugabe should not be
invited, said recently he would leave the final decision to Obasanjo.

Mugabe has not been invited to the meeting because his government, which is
suspended from the councils of the Commonwealth, has failed to comply with
demands for fundamental democratic reforms set out in March last year.

Any invitation of Mugabe to the meeting is likely to throw the summit into
disarray as leaders of Western Commonwealth nations have threatened to
boycott the event.

British prime minister Tony Blair, Australian premier John Howard, the
outgoing chair, and New Zealand prime minister Helen Clarke have reportedly
threatened to boycott the meeting if Mugabe attends. Commonwealth
secretary-general Don McKinnon has said Mugabe would not attend the meeting
unless he embraced serious reforms.

A report from Nigeria posted on the Zimbabwe News website quoted Obasanjo as
not ruling out Mugabe's invitation. The report quoted Obasanjo as saying he
was still in negotiations with other Commonwealth states over Zimbabwe's
participation at the summit.

Although Mugabe has publicly displayed a "don't care" attitude over any
decision to ban him from the meeting, he is known for his love of
international summits, particularly those held in Africa as they provide him
with a platform to take a swipe at the West and justify his policies.

The Zimbabwe Independent said evidence of Mugabe's battle to get into Abuja
mounted this week with reports by the Nigerian taskforce that Obasanjo and
other leaders were locked in high-level consultations over the suspension of
Zimbabwe and Pakistan from the Commonwealth.

A spokesperson said although Zimbabwe and Pakistan remained barred from the
December 5 to 8 meeting "for the time being", Obasanjo was still working on
the issue.

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