The Zimbabwe Situation

I wanted to alert your attention to a new Kumarian Press publication on land reform that I feel you and your readers will find of interest entitled Zimbabwe Takes Back Its Land. The book is set to release next month and is currently available to pre-order through our website. Zimbabwe Takes Back it Land offers a positive and nuanced assessment of land reform in Zimbabwe while not minimizing the depredations of the Mugabe regime. The authors show how “ordinary” Zimbabweans have taken charge of their destinies in creative and unacknowledged ways through their use of land holdings obtained through land reform programs.

Click here to read a press release about the book and contact me if you express an interest in reviewing this publication or including it in your plans for feature coverage.

Thank you,

Jennifer Kern

Marketing Associate

Stylus Publishing

Kumarian Press, WHO

22883 Quicksilver Dr.

Sterling, VA 20166

Ph:703-996-1022

Fax: 703-661-1547

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Objective and Non Partisan Decentralisation: a Solution to the Zimbabwe’s Governance Crisis

By HRT Communications Department

9 October 2012, Harare- So much has been said about what makes a good
governance system for Zimbabwe. In the process there has been so much
confusion that residents and other ordinary citizens no longer understand
what is right or wrong. A decentralised system of governance provides a
clear platform for public participation within clear systems and
institutional mechanisms, which are put in place to foster genuine public
participation.

Public participation in governance issues is not a piecemeal exercise where
a group of individuals further their interests over the general populace.
Citizens should be given a platform to fully participate in governance
issues particularly in issues that affect their entire livelihood and
broadly proffer solutions to the identified challenges within their
communities. This model is being reviewed against a devolved state which
increases the burden on the citizens through a bloated government at
provincial council level and in the House of Assembly. These dual existences
of both elected and appointed members at the provincial and national levels
provide unnecessary pressure on an already ailing economy. Zimbabwe at this
juncture is experiencing unprecedented levels of economic meltdown coupled
with political uncertainty.

The “public outcry” on the need for devolution is ironically resonating from
one region which the HRT strongly believe is not the conviction or
understanding of the generality of Zimbabwe. The failure by COPAC to clearly
and exhaustively define the mechanics surrounding the devolution model to
the residents is one element which shows that the model is not being
introduced in good faith and for the benefit of the ordinary Zimbabwean but
it is being driven by a group of elites who are only pursuing their selfish
political agendas, despite the huge cost to the nation and the welfare of
ordinary people.

The HRT prefers a decentralised model of governance over devolution. Our
understanding of these two structures is that they are not totally different
if taken at face value. The English meaning of decentralization and
devolution of power seem very similar when looked at superficially. However
the important fact that needs to be realized when it comes to the governing
power of a country is that decentralization amounts to the transfer of that
power from the central government to a local authority be it a region, a
province or a district while devolution is on the other hand the removal of
central government power and handing that power over to a region, a province
or a district. Decentralized power, if misused by a region, a province and
or a district, could be recalled by Central Government while devolved power
cannot be recalled by Central Government if misused by a region, a province
and a district.

In the same vein COPAC has been trying to convince people to advocate for
devolution but the HRT does not think our country can sustain that system of
governance. At the moment the country needs governance structures that are
ultimately accountable to Central Government in a decentralised model. With
the rampant corruption across the nation, the situation will explode out of
anyone’s control if the regions have absolute powers over their citizens and
resources. Decentralisation is the way to go at the moment, considering the
size of Zimbabwe. In an article in the Newsday of 19 July 2012 titled
“Groups decide on Devolution, “the Matabeleland Civic Society Forum opined
that: “For us, we want to address devolution of power, public finances and
the truth commission.”

While this view might be shared by the majority in civil society in
Matabeleland, it has to be examined from a national perspective, rather than
from a regional perspective, as part of promoting national cohesion within
the civic society movement and the generality of the population. In our view
this view has trappings of elitism, and not championing the aspirations of
the people in the whole Matabeleland region. As a residents movement our
conviction is that there is need for a clear policy framework addressing
decentralised governance through which the central government retains some
power and authority over the operations of both the provincial and local
government in order to maintain checks and balances of the lower tiers of
governments’ activities.

Presently, in the democratic discourse the country is grappling with corrupt
councillors within urban and rural local authorities, including the City of
Harare. There have been claims and allegations of massive corruption
exhibited by councillors who have over a short period of time become
excessively rich without any tangible investments to support their new
statuses. This level of kleptocracy and lootocracy, being witnessed today,
will be massive and uncontrolled in a devolved state. Surely this country
will be taken aback with warlords and individual power havens being
prevalent. It is a well known fact that devolution is an intermediary phase
from a unitary state towards a federal state.

Looking across the continent Nigeria is gripped with widespread
destabilisation as a result of the insurgent group Boko Haram which demand
insists on declaring independence from the Nigerian National Government. The
residents demand a free and prosperous state habitating in peace
tranquillity and harmony. Productive engagement among citizens, their
elected representatives and service providers is still achievable under a
decentralised governance system. What is needed is the complete opening up
of government structures through a genuine political commitment from the
politicians and the general change of the ethos and mindsets of bureaucrats
to view residents as strategic partners in decision making, and projects
implementation. This development will indeed go a long way in redefining the
governance discourse in order to improve the delivery of public goods and
services to the residents. This bickering over who does what in the
constitution making process is not being premised on the wishes and
aspirations of the heterogeneous citizenry but solely aimed at promoting and
protecting individual interests and positions. Such a development has
disastrous implications on the welfare of the residents as the generality of
the residents do not benefit from the process.

Chapter 5 of the COPAC proposed draft Constitution from Subsection 1 to
Subsection 7 it is not clear what is supposed to be done to an errant
provincial government. There is no clear provision on who has the authority
over the provincial government thereby making it wholly autonomous. This
arrangement will leave the central Government with no authority over the
provincial assemblies. In this vein there is an only subsection 1, 5, 7
which empowers “the joint sitting of the senate and the Parliament by
affirmative of at least two thirds may nullify provincial legislation”. This
provision allows parliament and senate to nullify pieces of legislation
which is not in line with national interests however the Parliament does not
have absolute power to dissolve provincial government except to nullify the
legislation. The central government will lose its oversight role in a manner
which the provincial and local government operates, leaving the entire
citizenry at the mercy of the provincial and local governments who have
perennially failed to deliver the basic services to the heterogeneous
citizenry.

The policy direction governing local government should be very clear;
articulated and demystified to ensure the genuine involvement or
participation of the residents. Citizens should be objective and
non-partisan, conscious of Zimbabwe’s socio-political and economical
dynamics prevailing in our country before advocating for a model that
creates disharmony among the citizenry. Citizens should be empowered to make
independent decisions without being coerced into supporting or endorsing
models of governance they do not understand. There is an urgent need to
reorient our focus towards genuine nation building and desist from elitist
and sectoral approaches to governance which may have disastrous consequences
in the not so distant future. Ends

……………………………………..
HRT Communications
5 Tudor Gardens,
Corner Mazowe Street and Josiah Tongogara Avenue,
P. O. Box HR 2686
Harare
Website: www.hrt.org.zw
Landline: 04- 797357/ 790394

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Did Zanu-PF miscalculate by supporting Malema?

http://www.politicsweb.co.za

Eddie Cross

08 October 2012

Eddie Cross says the Zuma ANC has taken a dim view of that party's efforts
to destabilise South Africa

A Game Changer

If you were watching the Ryder Cup golf competition in the USA last week you
will know that on the second last day it looked as if the US team was going
to win by a wide margin. They had the advantage of playing at home and a
very partisan crowd and I think the victory parties had begun. It was not to
be and the European team went into the last day and took victory out of the
hands of the US team, eventually winning the Cup by a tiny margin.

I have no idea what triggered the victory, but I am sure that the turning
point would have taken place sometime in the previous 24 hours. Politics is
much like golf; victory does not come quickly or easily and very often the
lead moves from one player to the other and back again.

In Zimbabwe over the past three weeks the game has changed and we need to
ask why? Three weeks ago it looked as if the whole constitutional process
was going to be gutted by the actions of the hard liners who had struggled
to find a response to the COPAC draft that was finalised in July. They
produced a new draft and declared with supreme arrogance that their draft
"is not negotiable". Since then the draft prepared by the hard liners has
been virtually dumped and the COPAC process restored to its central role
with the next "All Stakeholders Conference" now scheduled for later this
month.

Certainly the new impetus given to the process must have an origin and I
suspect it lies within the SADC structures. Clearly this can only come from
a quarter that holds real power and influence here, no western State has
such leverage and therefore it must be regional in origin. The President of
South Africa, speaking as the facilitator, stated quite clearly the position
of regional States when he said that an election in Zimbabwe without the
required reforms to make such an event acceptable to the global Community,
would be a futile exercise.

This strong stance sets the stage for what comes next. It is now very clear
that Zanu PF is not going to be allowed to avoid the GPA reform process and
hold a violent and manipulated election that they can manage and control.
Just to remind people of these required reforms they are as follows:

1. Negotiate, agree and adopt a new constitution;

2. Prepare a new voters roll based on new constitutional provisions;

3. Restructure and reorganise the Zimbabwe Electoral Commission so that it
is not partisan, totally professional and independent;

4. Establish conditions for a totally free election campaign process,
supported by a free media and the removal of undemocratic restrictions on
political activity;

5. Create the conditions for people to cast their votes without fear and
without any restrictions and hindrances;

6. Provide for regional and international supervision of the whole process,
starting well before the election and continuing until the results are known
and implemented.

The demand for the full implementation of this programme of reform means
that if it is pursued it will take a time. It is unlikely that the
referendum can now be held in 2012. It may be possible if there are no new
obstacles, to hold the referendum in November but this is unlikely. We may
therefore have to hold the referendum in February 2013. The voters roll will
take another 4 to 5 months and the legislation changes will also take time
but could be done in tandem. Restructuring the ZEC would take time but again
could be done in parallel with the other reforms.

However you look at it, the next elections cannot be held until late in
2013, if they are to be a credible test of national public option. For the
State President who will be nearing his 90th year, it will be too late for
any serious attempt to secure a final five year term as President. We are
therefore now in a transition from the Mugabe era to a new leadership
dispensation. This plunges Zanu PF into an internal crisis as they now have
no choice but to choose a successor in circumstances where they are divided
into two clear factions under different leadership.

For the hard liners in Zanu PF this is all bad news. They have been trying
to mount a number of different efforts to find a solution that would offer
them a chance of holding onto power and protect their essential interests.
Their last shot is an election under conditions where they can use the
present voters roll with 6 million voters on it, 3 million ghost voters and
a totally skewed and false voter distribution.

A carefully manipulated delimitation exercise supported by probably 200 000
voters newly settled in peri urban slums controlled by Zanu PF thugs. Then a
campaign where only Zanu has any access to radio or TV, meetings are tightly
controlled and movement restricted. They will use their financial resources
to get millions into their regalia - they have just ordered 2 million caps
from Johannesburg. Their campaign will have no financial constraints -
already they have bought hundreds of vehicles for the campaign.

Then they will use an emasculated ZEC under ineffective leadership and total
Zanu PF staff to allow the Registrar Generals Office to control the ballot,
to supervise the count and then control and manipulate the reporting. To
back this formidable machine they have mobilized and deployed the Joint
Operations Command with activated structures at national, provincial and
district level throughout the country.

Would they have a party if that were possible! They have been trying to get
this through the system but have been foiled at every point by a stubborn
MDC and a recalcitrant Zuma and the SADC. They are stuck with the GPA and
the SADC and I think they are now close to understanding that they have
nowhere to go, but down.

A real game changer in all this is the fact that the South Africans now know
that elements in Zanu PF supported Malema in his efforts to destabilize the
country and to try and force Zuma from the Presidency. It's had the opposite
effect to that intended, probably confirmed Zuma in his position and
strengthened ANC determination that Zanu PF must face the music here at home
in a free and fair election. What a game of golf this is, the Ryder Cup
pales by comparison!

Eddie Cross is MDC MP for Bulawayo South. This article first appeared on his
website www.eddiecross.africanherd.com

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Bill Watch 46/2012 of 9th October [Parliament Sits Today: ZEC Moves on Voter Education]

BILL WATCH 46/2012

[9th October 2012]

Both Houses will meet today Tuesday 9th October

No Date Yet for Official Opening of Next Parliamentary Session

Both Houses of Parliament will meet again this afternoon. They adjourned until today when they last met on 4th September, thinking that the next session would begin soon. But the President has still not informed Parliament when he intends to publish a proclamation to end this session and open the next session. Usually the one session of Parliament ends at the end of July and the next session opens in August.

The House of Assembly’s agenda lists the following items:

· Securities Bill – first reading – if there is a Minister there to present the Bill, this will take only a minute or two, and the Bill will then be automatically referred to the Parliamentary Legal Committee for a report on its constitutionality, to be provided at a later date.

· National Incomes and Pricing Commission Bill – this was introduced in the previous session, but is still awaiting its second reading.

· Privileges Committee report on Gwaradzimba case – this will give the Committee’s findings on its investigation of alleged contempt of Parliament by Mr Gwaradzimba, administrator of Shabani Mashava Mines.

· Portfolio Committee reports for presentation or continued debate – these include the controversial report on the agreement between the Government and Essar holdings re New Zimbabwe Steel Ltd which generated much discussion when the House last sat on 4th September.

· Motions not yet fully debated carried forward from the last sitting – these include reviving a committee on government assurances to monitor Government follow-up action on recommendations by House committees; the need for public/private partnership arrangements for running the mining town of Hwange; allegations of corruption at the Reserve Bank.

The Senate’s agenda lists Parliamentary Legal Committee [PLC] adverse reports on statutory instruments. These reports have been presented and explained, but not fully debated They do do not require further discussion, because the PLC has agreed to withdraw them following an agreement with the Minister of Justice and Legal Affairs that he will have the statutory instruments concerned amended to eliminate defects pinpointed by the PLC. [See Bill Watch 41/2012 of 3rd September for details] Unless there is an addition to the agenda, the Senate is expected to adjourn immediately after prayers and announcements, as it did in the identical situation on 4th September.

A New Vacancy in the House of Assembly

The death on 4th October of Dr Stan Mudenge, ZANU-PF MP for the Masvingo North constituency and Minister of Higher Education and Technology, created another vacancy in the House of Assembly – and the need for another by-election. ZANU-PF’s voting strength in the House of Assembly drops from 94 to 93 compared to MDC-T’s 97 and MDC’s 8. The total number of pending Parliamentary by-elections following the death of Senator Rimbi, Chipinge constituency, and now Dr Mudenge, goes up from 26 to 28 [in the House of Assembly from 16 to 17 and the Senate from 10 to 11].

ZEC Invites Applications to Provide Voter Education

With talk of March elections and by-elections featuring in media headlines, the Zimbabwe Electoral Commission last week published in the press an “Invitation to Civic Society Organisations Interested in Conducting Voter Education”. The invitation “requests” interested civic society organisations to submit contact and other relevant details about themselves, their legal status, constitution, registration as PVO or trust, Board members, other members and contact persons, to ZEC headquarters by today, 9th October. It also states that “successful” organisations will be contacted as from 12th October. This ZEC request is designed to allow ZEC to make an assessment of whether interested organisations satisfy the basic legal requirements. Later, when ZEC so requires, they will be legally obliged to have their voter education programmes approved by ZEC and prove that their individual educators are Zimbabwean citizens. [see more below]

Comment: As ZEC’s words “invitation” and “requests” indicate, the deadline of 9th October is administrative, rather than a legally binding requirement. ZEC would have no legal basis for refusing to consider submissions from would-be educators after that date. But prompt submissions would obviously be likelier to receive earlier consideration than tardy ones, and organisations unable to get their papers in today would be well-advised to contact ZEC for extensions.

ZEC headquarters are at Mahachi Quantum Bilding, cnr Jason Moyo Ave and Kaguvi St, Harare for hand delivery. Details may also go to Mr Mashereni, Mr Pamire or Mr Ngurunga on landline 263-4-77340 and/or by email to smashereni@gmail.com, t.pamire@yahoo.com or rngurunga@gmail.com. Any enquiries should be made to inquiry@zec.gov.zw.]

Note: Civic society organisations are not allowed to provide voter education unless they meet stringent requirements spelled out in section 40B of the Electoral Act, as recently amended by the Electoral Amendment Act [No. 3/2012]. These requirements include: control of the organisation by Zimbabwean citizens or permanent residents; and registration as a private voluntary organisation or registration in the Deeds Registry as a trust. Doing voter education in contravention of this prohibition is a criminal offence.

Zimbabwe Human Rights Commission Act

The Zimbabwe Human Rights Commission Act is due to be gazetted on Friday 12th October as Act No 2/2012. The President signified his assent on 2nd October. The Act will come into force immediately.

Status of Bills as at 9th October 2012

[Available from veritas@mango.zw unless otherwise stated]

Note: There are three Private Member’s Bills on the current Order Papers – the POSA Amendment Bill, the Urban Councils Amendment Bill and the Criminal Procedure and Evidence Amendment Bill. Further consideration of these Bills is suspended pending a Supreme Court ruling in a case brought by the Minister of Local Government and Housing for an order barring Parliament from proceeding with the Urban Councils Amendment Bill. The Minister contends that as long as the GPA continues in operation, the Constitution prohibits the introduction of Private Member’s Bills. [Details and counterarguments against this contention can be found in Bill Watch 20 and 21 of 15th May 2012.]

Bill awaiting Second Reading

National Incomes and Pricing Commission Amendment Bill

Bills gazetted and ready for presentation in Parliament

Microfinance Bill [gazetted on 31st August] [not yet available]

Securities Amendment Bill [gazetted on 10th August 2012] The Minister of Finance has given notice of his intention to present this Bill when the House next sits.

Bills being printed

None.

Government Gazettes of 1st and 5th October 2012

Bills

No Bills were gazetted

Statutory Instruments [copies not available]

Customs duty SI 155/2012 dated 1st October increased the rate of duty on imported wheat and wheat products from 15% to 20%. SI 154 simultaneously provided for a suspension of duty on wheat flour import giving “approved importers” an effective rate of duty of 5%. The approved importers are listed in SI 154.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

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Objective and Non Partisan Decentralisation: a Solution to the Zimbabwe’s Governance Crisis

Did Zanu-PF miscalculate by supporting Malema?

Bill Watch 46/2012 of 9th October [Parliament Sits Today: ZEC Moves on Voter Education]

Kereke has Daily News editor arrested

Daily News editor slams ‘intimidation’ after arrest

Tsvangirai, Biti sucked into Gono-Kereke war

Youth leader arrested over Glen View cop murder

Police Block March By HIV/AIDS Activists

Chief Castigates Leaders Looting Indigenization Funds

Chinese construction workers bash cops

Truckers’ strike in SA ‘could cripple Zimbabwe’

Legislators to appeal Mugabe by-elections case at Supreme Court

Outcry as ZESA continues disconnections over unpaid bills

Zimbabwe’s citizens speak out

MDC-T rubbishes ZANU PF bias allegations as ‘nonsensical’

Copac finance manager accused of corruption

Lawmakers Attack Truant Ministers

Tsvangirai meets Nigeria president

Zimbabwe President leaves for Uganda's independence celebrations

Amnesty launch: Time to Abolish the Death Penalty in Zimbabwe

Bulawayo Help Network Food Appeal

New Book