http://www.thezimbabwean.co.uk
After a long political stand-off,
government on Friday gazetted the Zimbabwe
Human Rights Commission Act
(Chapter 10:30).
14.10.12
by Simbarashe Gweshe
The
commission will investigate violations and seek to promote human rights.
The
investigation of human rights abuses will be confined to the post-2009
era
and will not have jurisdiction over what happened in preceding
years.
This provision formed the main bone of contention in Parliament
between Zanu
(PF) on one hand and the other political parties that had been
insisting the
commission’s jurisdiction should be more
roaming.
According to the Act, the commission will be also be responsible
for
visiting and inspecting prisons, places of detention, refugee camps and
related facilities in order to ascertain the condition under which inmates
are kept.
The ZHRC “shall consist of a Chairman who has been
qualified for at least
five years to practice as a legal practitioner and
who is appointed by the
President after consultation with the Judicial
Service Commission” reads the
Act.
The Commission is to be made up of
nine commissioners, “at least four of
whom shall be women.”
The
persons appointed to the ZHRC will be chosen for their knowledge and
experience in the promotion of social justice or the protection of human
rights and freedoms.
http://www.thezimbabwemail.net
Staff Reporter
2012-10-13 13:54:00
HARARE - President and First
Secretary of Zanu PF, Robert Mugabe, says the
party’s forthcoming National
People’s Conference to be held in Gweru will
help cement the party’s unity
as it gears itself for next year’s harmonised
elections.
Mugabe said
factional fights did cost Zanu PF dearly in the 2008 elections
which led to
the formation of the inclusive government.
"The party as a whole is what
we are fighting for and no one is above the
party. That should be our
driving force," said Mugabe.
Mugabe said this in Harare while addressing the
Zanu PF 90th Central
Committee meeting.
He also told loyalists that Zanu
PF was assured of a “blatantly God-given
victory” in elections next year,
claiming the MDC-T was in disarray after
being exposed as incompetent and
corrupt.
He warned those who are threatening to boycott next year’s
elections
alleging that the playfield is uneven, saying the elections will
be held
whether they like it or not as they have cheated the electorate
enough.
Said Mugabe: "You can't get anything better that this (even playing
field).
I don't know if there is any country which can beat
this......"
He said an incident in one part of Zimbabwe cannot affect the
general
situation in the whole country, adding that what is important is for
voters
not to vote under duress and pledged that government will see to it
that
the elections are held peacefully.
"On our part, we will ensure that
there is no pressure exerted on the
voter," the President said.
Turning
to the Second All-Stakeholders Conference, Mugabe said the
conference should
not be turned into a forum for political arguments, adding
that it should be
progressive.
"The stakeholders conference should be a forum to adjust the
draft
constitution and reconcile it with what the people said during the
outreach
programme," he said.
He thanked the people of Venezuela for
overwhelmingly re-electing President
Hugo Chavez who shares the same
ideology with Zanu PF saying the vote was a
fight against
imperialism.
Meanwhile, Zanu PF has cleared and re-admitted three of its
members who had
been suspended for crossing the party line.
Zanu PF
Secretary for Information and Publicity, Rugare Gumbo disclosed that
the
three members who have been re-admitted into the party are Jimaya
Muduvuri,
Mike Kadzura and Bhuto Gatsi.
Muduvuri bounced back as the National
Consultative Assembly Member while
Mike Kadzura and former provincial youth
chairman for Bulawayo Bhuto Gatsi
have been re-admitted as ordinary party
members.
Muduvuri was suspended as Central Committe member on allegations of
working
in cahoots with Dr Simba Makoni’s Mavambo party, while Kadzura was
suspended
over allegations of campaigning for his brother Jonathan who is
vying for a
parliamentary seat in Manicaland.
All the charges were
dropped after the Zanu PF disciplinary committee found
that the allegations
were baseless.
He said “gross shortcomings” which included corruption in
local authorities
and the failure to provide basic services had weakened the
MDC-T which won
the legislative ballot as well as the first round of the
Presidential
elections in 2008.
Mugabe insisted that elections would go
ahead in March, dismissing claims by
the MDC-T that conditions were not yet
in place for a free and fair ballot.
“The MDC-T is saying let us level the
ground. I do not know kuti kunodiwa
matractors here to level the ground? You
cannot get it better than this,” he
said.
“If there is a fight in one
place or the other that does not mar the general
peace; what is important is
that people must be able to vote without
pressure.
“On our side we will
ensure that there is no pressure exerted on the
people.Asingade kuenda kuma
elections, we do not force anybody.
“Some people think that they are
important. That is nonsense. We will
proceed. We are sailing on the road to
elections in March. Vasingade, we do
not force.”
Mugabe said the
coalition government which was established following
inconclusive elections
in 2008 should have been replaced after 18 months.
“We have cheated on
democracy. Democracy does not go that way,” he said.
MDC-T leader Morgan
Tsvangirai agrees that the unity government is no longer
workable but wants
political reforms fully implemented before new elections
can be held.
But
Mugabe said he rivals did not want elections because they were enjoying
the
luxuries which come with being in government.
Meanwhile, the country's
notorious Zimbabwe Electoral Commission (ZEC) has
insisted that publication
of Presidential election results can still be
delayed beyond the five days
stipulated by law.
Acting ZEC chair, Joyce Kazembe, told state radio that the
electoral body
reserves the right to delay announcement of results in the
event of
anomalies.
She insisted that the five day period stipulated in
amendments to the
electoral legislation was subject to review.
The five
day period was agreed by GPA parties as part of reforms to the
country’s
electoral laws ahead of fresh polls next year.
The requirement was aimed at
preventing the 2008 crisis when announcement of
the first round results of
the Presidential ballot was delayed for more than
a month.
Attributed to
logistical problems, the delay stocked political tensions in
the country
amid claims by opposition groups that the results were being
massaged in
favour of President Robert Mugabe.
Analysts however said Mugabe was using the
delay to strategize on how to
face the biggest crisis of his 28-year rule
after losing the Parliamentary
ballot to the MDC.
Final tallies for the
legislative vote gave the MDC-T 99 seats, Zanu PF 97
and the breakaway MDC
faction 10.
When eventually released, the results showed that MDC-T leader
Morgan
Tsvangirai had won 47.9% of the vote and Mugabe won 43.2%, thereby
necessitating a run-off.
Mugabe won the re-run after Tsvangirai pulled
out accusing his rival of
launching a brutal crackdown on his supporters.
http://www.dailynews.co.zw/
By Fungai Kwaramba, Staff Writer
Sunday, 14 October
2012 12:48
HARARE - The signing into law of the Electoral Act signals the
disbandment
of machinery which political parties and civil society groups
claim had
formed the backbone of President Robert Mugabe’s Zanu PF
vote-rigging.
But with shock-troopers who reportedly include soldiers,
the militia and war
veterans still at Mugabe’s disposal, many fear the
electoral law changes are
only one step towards fully dismantling the
tightly-knit machinery to enable
credible polls.
Notwithstanding that
the new law deals with many contentious issues such as
the role of Registrar
General (RG) Tobaiwa Mudede, who is now under the
control of the Zimbabwe
Electoral Commission (Zec), violence on the ground
remains a threat,
stakeholders said.
But many things have also changed for the better, at
least on paper.
While the voters’ roll has been a closely guarded
document, kept under the
hawkish control of Mudede, the new Act entitles
election candidates to an
electronic constituency voters’ roll, while the
national voters’ roll will
be available to all in electronic formula at a
reasonable price.
“Our objective is to ensure that elections are free and
fair,” said Zec
commissioner and prominent law lecturer and researcher Geoff
Feltoe.
“All the provisions are aimed at proper administration of the
electoral
process to make sure it runs smoothly, is transparent and works on
the
ground,” he said.
The Electoral Act, which Mugabe recently
assented, brings a new complexion
to the election playground, previously
blighted by violence, late release of
election results and electoral
thuggery, stakeholders said.
Feltoe said the new law is an attempt to
allay fears of electoral fraud.
“We are trying to improve the electoral
process and we have in the Act a law
that will ensure that we have free and
fair elections. This law will make
sure that the electoral process runs
smooth,” said Feltoe.
Section 18 (2) of the Electoral Act provides that
the RG is subject to the
direction and control of Zec in registering voters.
The Act also snatches
the voters’ roll from Mudede’s armpit.
While it
took a record 36 days to announce results of the March 2008
Presidential
elections amid accusations by the MDC that Zec, then led by
High Court Judge
President George Chiweshe was cooking up numbers, the new
Act tries to plug
this.
Reads section 29 (h) of the Act: “. . . a declaration by the chief
elections
officer shall be made not later than (i) five days after the
polling day or
last polling day, as the case may be, in the presidential
election or runoff
presidential election concerned.”
Section 21
(Cap.2:13) of the Act gives the electorate greater access to the
voters’
roll.
Recently, a freelance journalist was arrested at the instigation of
Mudede
as he sought to inspect the voters’ roll.
The issue of ghost
voters also seems addressed in the new Act.
While in the past, powers to
remove deceased persons from the secretive
voters’ roll rested in Mudede,
the Electoral Act introduces a new provision
that would allow the
constituency registrar to remove dead and disqualified
voters from the roll
on the basis of a sworn statement by a mother, father,
sister, son, daughter
or other direct descendent of the dead voter.
Letitia Kazembe, the Zec
acting chairperson, said the law brought
significant changes to the
electoral environment.
“This Act will certainly have an impact on Zec
operations because it changes
the manner in which some of the processes are
conducted,” she said.
“There are new provisions to deal with political
violence and intimidation
that involves other players like the courts,” said
Kazembe.
Under the Electoral Act, candidates found guilty of perpetrating
or
promoting violence will be forced to drop out of the race.
“A
court which convicts a person of an offence involving
politically-motivated
violence or intimidation committed during an election
period, may, in
addition to any other penalty it imposes on the convicted
person, prohibit
him or her from campaigning or taking any further part in
the election,”
reads a section of the Act.
Obert Gutu, an MDC senator and the deputy
minister of Justice and Legal
Affairs said the new law will make it
difficult for electoral thieves to
cook-up results.
“The new Act
guarantees that polling will be ward-based as opposed to
polling
station-based,” Gutu said.
“This is very important, particularly in rural
areas, where Zanu PF's
penchant for forcing villagers to vote for it is
well-documented. It will be
very difficult for village heads and other Zanu
PF mandarins to literally
force their subjects who to vote for and where,”
said Gutu.
The MDC led by Welshman Ncube said the Act would make it
difficult to rig
polls but emphasised the need for a new constitution and
the repealing of
other repressive laws such the Public Order and Security
Act (Posa).
“There are important clauses in the Act such as the demand
for equal access
to media and the introduction of polling station-based
voting and this will
certainly reduce the possibility of election rigging,”
Qhubani Moyo, the
party’s policy director said.
In previous
elections, members of the police and army were forced to vote
separately
from the rest of the population and were supervised by their
superiors, in a
voting process which stakeholders condemned.
Each soldier or police
officer was allegedly forced to vote for Mugabe under
the supervision of
commanders.
But under the Electoral Act, voting by police and defence
forces away from
their constituencies because of duty will happen in advance
of the election
at special polling stations established for that purpose
under the control
of Zec.
Feltoe, who is also a law professor at the
University of Zimbabwe, said
political parties can now monitor voting by
members of the uniformed forces
who will vote 16 days prior to the actual
voting date.
The 16 days limit will allow Zec to ensure that ballots will
be posted to
constituencies.
Innocent Gonese, the MDC chief whip in
Parliament, said the new law removed
the spectre of secret voting by
soldiers and the police.
“This Act will give more transparency in the
collating of ballots and will
also ensure that soldiers and police officers
who used to vote secretly are
now monitored by all political parties,” said
Gonese.
However, parties say the Electoral Act is only the beginning
towards
implementing an election road map that would ensure truly credible
elections.
“The Act alone does not guarantee that the election will
be free and fair,”
Gutu said.
“There is a cocktail of other measures
that have to be put in place. Pieces
of legislation such as Posa and Access
to Information and Protection of
Privacy Act (Aippa) should not be abused
and misused by the police in order
to ban or curtail the activities of
political parties other than Zanu PF,”
Gutu said.
Without giving
references, Feltoe said there was need to realign some laws
with the new Act
to ensure transparency. Zanu PF legislator and lawyer Paul
Mangwana said the
Act would “certainly” improve the electoral playing field
but rejected
assertions that Zanu PF used to rig elections.
“The new act improves the
electoral system in so many ways such as the
establishment of polling
station-based voting,” he said.
Asked on whether Zanu PF used to rig
previous elections, Mangwana said vote
stealing “has always been next to
impossible” in Zimbabwe because of the use
of serial numbers.
“I have
participated in the electoral process since 2000 and it is not
possible to
rig elections,” Mangwana said.
“Every ballot can be traced to a voter
because they have serial numbers. No
party is able to rig elections in
Zimbabwe,” he said.
Mangwana, who is also a co-chairperson of the
Constitution Select Committee
(Copac) which is drafting a new constitution,
claimed he was unaware that
soldiers used to vote under supervision of
commanders in previous polls.
http://www.dailynews.co.zw
Sunday, 14 October 2012 11:28
HARARE - Goons
accompanying visiting and expelled former ANC Youth League
(ANCYL) president
Julius Malema attacked a Daily News on Sunday crew when
they sought to
interview the controversial and self-proclaimed Zanu PF
admirer at an
expensive eatery in Harare yesterday.
The unprovoked attack — now a
subject of police investigations under case
number IR 101 288 — follows the
arrival in Zimbabwe on Friday of the
beleaguered ally-turned-arch-enemy of
President Jacob Zuma.
The visit, coming as Malema faces a myriad setbacks
back home in South
Africa (SA), including money laundering and pending
corruption charges, has
raised suspicions about its motives, including the
extent of his political
collaboration with President Robert Mugabe’s
party.
Bhethule Nkiwane, a photographer with the paper, was manhandled by
three
heavily-built goons, who threatened to inflict serious harm on him for
taking pictures of the embattled ex-ANCYL leader as he and his entourage of
about 12 people left the popular joint.
As this writer was also
caught up in the Malema line of fire, the Associated
Newspapers of Zimbabwe
(ANZ) group editor Stanley Gama also witnessed the
incident.
Among
those accompanying Malema was top lieutenant and right-hand man Floyd
Shivambu and Zanu PF youth league official Tongai Kasukuwere.
In the
heat of the five-minute “scuffle”, the menacing bouncers took away
Nkiwane’s
photographic memory card after forcing him to delete photos of the
once-swaggering South African politician.
And after the incident, the
group drove away in two Range Rover sport
utility vehicles — one black and
the other silver — and three other posh
cars, with Malema ensconced in the
black Ranger Rover that was being driven
by Kasukuwere.
Apart from
yesterday’s invaluable collection of pictures, Gama said his
young
photographer had also lost other valuable photos from the prior weeks
in the
“mad and unprovoked assault”.
Despite his attempts to intervene and
negotiate with Malema over a Daily
News on Sunday interview about his visit
and alleged financial relationship
with Zanu PF, Gama's efforts fell on deaf
ears.
With the Limpopo-born rabble-rouser accused of receiving money from
Mugabe’s
party to destabilise Zuma’s government and probably distract him
from
effectively mediating in the Zimbabwean crisis, the Daily News on
Sunday was
seeking to establish from Malema his exact mission in the
country.
In particular, the self-styled demagogue’s critics point to his
“hijacking”
of the Marikana massacres as one of those strategies to derail
Zuma.
“Malema seemed calm and appeared interested in talking to my
colleagues
after exchanging pleasantries and greetings. But after the
introductions,
the goons pushed him aside and told our reporter to go to
hell. It was
sudden and unexpected,” Gama said.
“I tried to negotiate
with Kasukuwere (Tongai) and Malema to ensure that the
interview went ahead,
but it was all in vain. The people around Malema were
vicious, they looked
like they wanted to kill somebody,” he added.
At the eatery, Malema’s
hungry team blew $175 (R1 400) on the staple
adza — known in South Africa
as pap — with chicken, oxtail and beef bones.
In SA, the ex-ANC firebrand
is known for his lavish taste and swag,
including top-of-the-range cars,
R200 000 wrist watches and razing down a R3
million Sandhurst mansion for
another R16 million property.
And as his political star continues to
wane, Malema has also hit the
headlines for a R16 million money laundering
charge. He is out on a R10 000
bail.
The eastern-Harare fringe drama
aside, the Daily News on Sunday was told
that Malema on Friday attended a
lavish party hosted by a top Zanu PF
official in the leafy suburb of
Highlands where there was a free flow of
expensive booze and
food.
According to sources, many of the who-is-who of Zanu PF, the
well-heeled and
beautiful of Harare attended the lavish party, whose purpose
and funding is
unknown.
Malema jetted into Zimbabwe on the pretext
of gracing the wedding of Zanu PF
youth secretary for commissariat Mike
Gava.
Gava yesterday married deputy-secretary general of the Pan African
Youth
Union (PYU) and youth leader Tendai Wenyika in Chisipite.
The
PYU is a representative body of youth movements across the African
continent.
Wenyika, who is a younger sister to urban grooves diva
Plaxedes, shot into
the limelight after a mesmerising speech delivered in
Malabo Equatorial
Guinea during the 17th African Union Summit last year,
whose theme was“Accelerating
Youth Empowerment for Sustainable
Development.”
Prior to the latest visit, several of Malema’s associates
have been
clandestinely in and out of the country since early this year
under what
sources say were business travels. - Tendai Kamhungira
http://www.newzimbabwe.com
14/10/2012 00:00:00
by Staff
Reporter
ZESA has reduced its debt with Mozambique’s Hydro Cahora
Bassa from US$76
million to just under US$3 million over the last six months
with officials
saying this would help improve power supplies across the
country.
Zimbabwe needs about 2,200 megawatts of electricity at peak
consumption but
ZESA generates just below 1,300 megawatts and plugs the gap
with imports
from the regional suppliers.
The utility has been forced
to ration power to both domestic and commercial
users after supplies from
the region were cut over mounting debts.
However, ZESA spokesman, Fullard
Gwasira said reduction the Hydro Cahora
Bassa debt to about US$2.7 million
would see the company boosting supplies.
ZESA expects to pay up the debt by
year end.
“Load-shedding is going to be significantly reduced as Cahora
Bassa have
increased their supply to us as we have almost cleared the debt
we owe
them,” he said.
“The challenge we have is that we are
splitting our resources between two
equally important areas.
“First we
have to pay for the electricity we are importing on a daily basis
while
secondly some money also has to be channelled towards clearing the
debt.
“It’s a matter of tackling two issues at the same time, but we
are confident
that we would have cleared the debt by the end of the
year.”
ZESA’s financial troubles have also been worsened by customers
failing to
pay their bills. The utility says it is owed about US$500
million.
“With the introduction of pre-paid meters, the era of a
consumers using
electricity and then failing to honour their bills will be
a thing of the
past,” Gwasira said.
Energy Minister, Elton Mangoma,
has also revealed that several new projects
are also planned to help boost
the country’s power generation capacity.
Early this year, Mangoma said a
French consortium had been granted a licence
to build a 2,000 MW thermal
power plant in an investment worth about US$3
billion.
The power
station will be situated at Binga’s Lusulu coal fields which are
said to
have an estimated 1,2 billion tonnes of coal reserves.
And last month,
Chinese firm Guangdong Bureau of Coal Geology also announced
plans to invest
$3.5 billion to build a 1,200 megawatt thermal power plant.
http://www.newzimbabwe.com
14/10/2012 00:00:00
by Brian
Paradza
HARARE High Court judge, Francis Bere, has filed a
US$500,000 defamation
claim against Progressive Teachers Union of Zimbabwe
(PTUZ) secretary
general, Raymond Majongwe.
According to papers
before the courts, Justice Bere took umbrage with
Majongwe’s criticism of
his ruling in the fight for control of the Zimbabwe
Congress of Trade Unions
(ZCTU) between rival factions backing Lovemore
Matombo and George
Nkiwane.
Majongwe supports the Matombo faction but the court ruling in
December,
which was later upheld by the Supreme Court, barred the faction
and its
affiliates from using ZCTU property, “holding themselves to be
office
bearers of the ZCTU or hold meetings in the name of
ZCTU”.
However, in his affidavit Justice Bere said in June this year,
Majongwe made
“injurious and defamatory utterances which he published, or
caused to
published” by the Daily News.
The publication quoted
Majongwe saying: “We smell a rat as far as we are
concerned. There is a
clear political reason … why would anybody sitting in
a court make a
decision on merits of a case that does not concern him?
“Justice Bere
misdirected himself and that judgement is stinking with
political
motivation."
But justice Bere said Majongwe’s remarks were “not only
injurious to and
defamatory but also they were scurrilous, insolent,
intemperate, false and
irrational given that, inter alia, the plaintiff's
judgement had been upheld
by a superior court.
“(Majongwe) ignored
the plaintiff's written demand for an explanation on
August 2,
2012.”
Justice Bere said Majongwe should also pay interest on the
US$500,000
compensation claim at the prescribed rate from the date of
judgement to the
date of payment as well as pay the costs of the court
action.
The judge’s lawyers Scanlen and Holderness gave the trade
unionist ten days
to respond.
http://www.radiovop.com/
Bulawayo, October 14, 2012--The
leader of the smaller faction of the MDC
Welshman Ncube blasted civic
society organisations in Zimbabwe saying there
are now aligned to political
parties and western embassies in order to get
funding.
“In the diplomatic
community, if you go to every embassy in Harare today you
will hear this
civic society organisation is aligned to this or that one.
You know that as
civic society organisations you won’t get money from
Americans if you don’t
believe in something. Some will tell you that go and
denounce Ncube and you
will get a bucket of money that is reality
"Civic society has reconstituted
itself as being part of this or that side,
in the same way the media has
constituted it’s self as being part of this or
that side. In my view the
political polarisation at political party level
then reproduced its self
everywhere in civic society,” Ncube a meeting of
Bulawayo civic society
organisations on the draft constitution.
Ncube also said the draft
constitution produced by COPAC is not people
driven since political parties
were instructing their members on what to say
during the outreach
programme.
“Some of the biggest lies which have been telling each other are
around this
constitution. We have been saying its people driven constitution
but that is
not true. Lets always understand when invoke the name of the
people, its
organisational mobilisation tool to legitimatise political
demands in the
name of the people.
“People never wrote the constitution
because political parties were telling
their members on what to say to the
outreach team,” said Ncube who is also
the Industry and Commerce
Minister.
According to Global Political Agreement (GPA) signed on September
15, 2008,
commits President Robert Mugabe’s Zanu PF and the two MDC factions
led by
Prime Minister Morgan Tsvangirai and Ncube to a new constitution that
will
pave way for a free and fair election.
The two MDC factions endorsed
the draft, but Zanu PF’s politburo sat on four
occasions during which it
amended the draft before handing out copies to its
rivals recently.
http://www.citizen.co.za/
A delegation of officials and businesspeople
from South Africa arrived in
Zimbabwe on Sunday to begin a trade and
investment conference, the
department of trade and industry said.
14
October 2012 | Sapa
JOHANNESBURG - The delegation is being led by
deputy minister of trade and
industry Elizabeth Thabethe for the fourth
annual Investment and Trade
Initiative (ITI), the department said in a
statement.
The South African exhibition officially opens on Monday and
will feature
businesspeople displaying their wares and services.
The
ITI is part of the department's export and investment promotion strategy
that focuses on high-growth markets with the intent of creating
opportunities for South African businesses.
The business delegation
will include companies from sectors such as
construction, manufacturing,
agriculture and processing, mining, and
information technology.
http://www.themoscowtimes.com/
14 October 2012
By Anatoly
Medetsky
Rosneft president Igor Sechin on a recent visit to
Venezuela, where the
company recently began producing oil as part of an
international consortium.
Rosneft is looking to build a $700 million
oil-products pipeline from
Mozambique to Zimbabwe in an effort to expand its
international reach.
That would also mark the oil producer's first foray
into pipeline
construction overseas.
The new route seeks to compete
with shipments to Zimbabwe by road from
neighboring South Africa that
supplement supplies through an existing
pipeline, which is working at full
capacity, Roman Trotsenko, an adviser to
Rosneft president Igor Sechin, said
late last week.
"Gasoline prices here are among the world's highest,"
Trotsenko said late
Thursday, Itar-Tass reported.
Rosneft expects to
obtain construction permits and conclude the necessary
agreements by the end
of this year, he said.
The new pipeline — from Mozambique's port of Beira
to Zimbabwe's capital,
Harare, Trotsenko said — will presumably run
alongside the current
700-kilometer link.
The project also includes
construction of a storage depot near Harare and a
sea terminal in Beira. The
terminal will come at an additional cost,
Trotsenko said.
The
pipeline may later be extended to Zambia, Malawi and Botswana, he
added.
Rosneft announced its African ambitions after Zimbabwean Energy
and Power
Development Minister Elton Mangoma said in August that the
government
planned a new pipeline to boost fuel imports. He said the
project, which the
parties involved hope to begin early next year, could be
done by a
consortium that includes the Mozambican government and private
players.
The existing pipeline from Mozambique has a capacity of 130
million liters a
month, which amounts to 1.3 million metric tons or 9.8
million barrels per
year. Zimbabwean officials said the new line would carry
up to 300 million
liters a month.
Zimbabwe's consumption of oil
products is about 5 million tons per year,
Trotsenko said.
Rosneft
has some pipeline construction experience. It completed a major
550-kilometer pipeline that linked its Siberian oil field Vankor with the
country's main pipeline network.
The African project, Trotsenko said,
is a chance for Rosneft to win a new
sales market. He didn't
elaborate.
Rosneft hoped to draw financing for the project with the help
of Russia's
government-owned Export Insurance Agency, or Exiar, Trotsenko
said. Some
Russian companies will furnish equipment for the pipeline, he
said.
In other foreign projects, Rosneft recently began producing oil in
Venezuela
as part of an international consortium.
A Russian
delegation led by Industry and Trade Minister Denis Manturov
visited
Zimbabwe and Mozambique earlier this month to explore investment
opportunities.
During the visit, Russia and Zimbabwe signed an
agreement to protect mutual
investments, which Manturov said laid the
groundwork for Russian companies
to become more active in the African
country.
Russian companies are ready to invest in Zimbabwe's
infrastructure and
metallurgy and to export mining equipment, vehicles and
helicopters, he
said.
Zimbabwe tamed its hyperinflation in 2009 and
resumed its economic growth
after a decade of a free-fall.
Manturov
met with the presidents of Mozambique and Zimbabwe, Armando Guebuza
and
Robert Mugabe, respectively, during the trip. Executives from such
companies
as Rosneft, Norilsk Nickel, Russian Helicopters and Exiar
accompanied the
minister.
In Mozambique, Manturov offered Russian-made helicopters and
cooperation in
developing the country's gas, oil and coal deposits as well
as building
ports and railways.
With Peter
Tatchell Ephraim
Tapa addresses the Forum
A ‘pom pom’ for Vigil
supporters. Today marked the beginning of our 11th year outside the
Embassy in line with the mission statement we adopted in 2002: ‘The Vigil,
outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday
from 14.00 to 18.00 to protest against gross violations of human rights in
Zimbabwe. The Vigil will continue until internationally-monitored, free and fair
elections are held in Zimbabwe.’
Today was certainly
no celebration as our objectives are far from being achieved. But on our
10th anniversary our thoughts turned to our decade of sun, rain, wind
and snow and particularly our memories of friends who are with us no more: dear
quiet Bernard Hukwa who threw himself into the Thames only months ago or, years
earlier, the gaunt, dying MDC shadow minister who sat huddled silently in
blankets for the whole of a bitterly cold Vigil, or of the late Father Bernard
SJ who used to come with his Zimbabwean students, and of Archbishop Pius Ncube
who came and comforted people at the Vigil kneeling at his feet.
There are many other
people who have sustained us over the past decade: the silent benefactor who
would from time to time stuff a wad of £20 notes into our startled hands, the
Oxford music professor who joined us in a local pub to tutor us on singing, the
film stars such as Tim Robbins and Emma Thompson who signed our petitions not to
mention Simon Callow who stopped his taxi to get out and give us some money. And
we don’t forget the nuns who pray for us from their Welsh
convent.
But this is all the
past. We went on after the Vigil down the road to the India Club in the Aldwych.
where Ephraim Tapa, one of the founder members of the Vigil, chaired a meeting
to discuss the way forward. He mentioned the BBC interview this week given by
the Zanu PF Justice Minister Chinamasa in which he made it clear that Zanu PF
will never hand over power (see: https://www.zimbabwesituation.com/old/oct12_2012.html#Z22
– Would Zanu-PF accept Tsvangirai as president?).
Many people expressed
despair at the situation at home: that it had economically gone backward and
that they couldn’t go home, that the Chinese were settling the country etc. Our
group consisted of people representing a variety of viewpoints from MDC to ZAPU
but there was a strong feeling that we needed to unite in the diaspora in the
face of the uncertainties at home, where the suggestions are that elections
might be impossible before late next year. Eddie Cross of MDC-T and others
including Welshman Ncube and civil society people say that expectations of
elections by next March are unrealistic because there is simply not time to make
the necessary reforms (see: http://www.thezimbabwean.co.uk/comment/blogs/eddie-cross/61387/the-real-game-changer-zuma.html
– The real game-changer Zuma, SADC).
The meeting ended
troubled and uncertain but with determination to continue the Vigil until our
objectives are achieved. As Ephraim put it ‘We are doing it for (imprisoned MDC
youth leader) Solomon Madzore and the others, for people who have disappeared,
for those who hope for democracy in Zimbabwe, for a free
Zimbabwe’.
Other points
·
We were happy to be
joined by the human rights campaigner Peter Tatchell who earlier sent us this
email: ‘"Happy 10th birthday to the Zimbabwe Vigil. Congratulations and bravo!
Huge thanks to the organisers and to everyone who has ever participated. Your
weekly witness for democracy and human rights has been admirable and inspiring.
Freedom for Zimbabwe has been long delayed but it cannot be denied!’ Peter was
at the first Vigil. Other good wishes included a message from a Scottish
supporter Joan Weir ‘All good wishes for Saturday's
Vigil from me and friends in Scotland – very sorry I can't be there. No
celebration perhaps but you must accept congratulations on sustaining the Vigil
so long and, as importantly, so effectively. I hope the media take up the
extraordinary facts about the corrupt voters' roll.’ A more message one was from
Gerald Chigome ‘I am sorry I will be unable to attend due to financial problems.
Am in Wolverhampton but would have loved to attend. All the best for day and
forward with the struggle’.
·
Thanks
to the ladies from ROHR Slough branch (Josephine Zhuga, Grace Nyaumwe and Iline
Manhunzi) who brought sadza and nyama and mealies which they sold for ROHR
funds. Thanks also to Mary Mateyerwa and Flora Dlamini (of the Swazi Vigil) who
brought various snacks to feed hungry supporters.
·
We were
distressed to hear that our strong supporter Ellen Gonyora was homeless this
week and had to sleep on the streets of Leicester. She is in the process of
getting her life sorted out after being granted asylum. Sorting out housing and
benefits can be a lengthy and painful process and this is where we can all help
and support each other.
·
Rose
Benton was interviewed about our 10th anniversary by SW Radio Africa
(check: Newsreel 12.10.12 (24 minutes into the broadcast) – http://www.swradioafrica.com/podcasts/wordpress/?p=17948).
·
Cephas
Moswoswa suggested that our next diaspora protest on Saturday should be focused
on China because of their abusive relationship with Zimbabweans. It was agreed
to take this forward. (Another member of the Vigil Lungile Ncube was delighted
to come across Cephas who he said had built his father’s house.)
·
We were
not the only people protesting outside the Zimbabwe Embassy this week. Activists
from the transport union RMT delivered a letter to the Embassy calling on
Zimbabwe to honour its human rights obligations and stop attacks on lesbian,
gay, transgender and bisexual Zimbabweans – photos of the protest are on our
flickr website.
For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/.
Please note: Vigil photos can only be downloaded from our Flickr website – they
cannot be downloaded from the slideshow on the front page of the Zimvigil
website.
FOR THE
RECORD: 75 signed the
register but our pictures show many more attended.
EVENTS AND NOTICES:
·
Tenth 21st
Movement Free Zimbabwe Global Protest. Saturday
20th October. It is suggested we target the Chines Embassy. More
detail as arrangement firm up.
·
Launch of ROHR
Central London Branch. Saturday
27th October. Further details to be
advised.
·
Special
Zimbabwe Action Forum
(ZAF). Saturday
10th November from 6.30 – 9.30 pm. Our special guest will be Ben
Freeth. Venue: Strand Continental Hotel (first floor lounge), 143 Strand, London
WC2R 1JA. Directions: The Strand is the same road as the Vigil. From the Vigil
it’s about a 10 minute walk, in the direction away from Trafalgar Square. The
Strand Continental is situated on the south side of the Strand between Somerset
House and the turn off onto Waterloo Bridge. The entrance is marked by a big
sign high above and a sign for its famous Indian restaurant at street level.
It's next to a newsagent. Nearest underground: Temple (District and Circle
lines) and Holborn.
·
Zimbabwe Vigil
Highlights 2011 can be viewed on this
link: http://www.zimvigil.co.uk/the-vigil-diary/363-vigil-highlights-2011.
Links to previous years’ highlights are listed on 2011 Highlights
page.
·
The Restoration of
Human Rights in Zimbabwe (ROHR) is the Vigil’s
partner organisation based in Zimbabwe. ROHR grew out of the need for the Vigil
to have an organisation on the ground in Zimbabwe which reflected the Vigil’s
mission statement in a practical way. ROHR in the UK actively fundraises through
membership subscriptions, events, sales etc to support the activities of ROHR in
Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other
website claiming to be the official website of ROHR in no way represents the
views and opinions of ROHR.
·
ZBN
News. The Vigil
management team wishes to make it clear that the Zimbabwe Vigil is not
responsible for Zimbabwe Broadcasting Network News (ZBN News). We are happy that
they attend our activities and provide television coverage but we have no
control over them. All enquiries about ZBN News should be addressed to ZBN News.
·
The Zim Vigil
band
(Farai Marema and Dumi Tutani) has launched its theme song ‘Vigil Yedu (our
Vigil)’ to raise awareness through music. To download this single, visit: www.imusicafrica.com and to watch the
video check: http://ourvigil.notlong.com. To watch
other Zim Vigil band protest songs, check: http://Shungurudza.notlong.com and http://blooddiamonds.notlong.com.
·
Vigil Facebook
page: http://www.facebook.com/group.php?gid=8157345519&ref=ts.
·
Vigil Myspace
page: http://www.myspace.com/zimbabwevigil.
·
To sponsor the Mike
Campbell Foundation expedition ‘Sailing across the Makgadikgadi Pans’ which will
raise money for the work of the Foundation, go to www.justgiving.com/Mike-Campbell-Foundation.
·
Useful websites:
www.zanupfcrime.com which reports on Zanu
PF abuses and www.ipaidabribe.org.zw
where people can report corruption in Zimbabwe.
Vigil
co-ordinators
The Vigil, outside
the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00
to 18.00 to protest against gross violations of human rights in Zimbabwe. The
Vigil which started in October 2002 will continue until
internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk.
BILL WATCH
PARLIAMENTARY COMMITTEES SERIES
[12th October 2012]
Public Hearings on 2013 National Budget: 15th to 19th
October
The
House of Assembly’s Portfolio Committee on Budget, Finance and Investment
Promotion will conduct hearings on the 2013 National Budget in twelve centres
around the country from 15th to 19th October.
A hearing in Harare will follow later.
The portfolio committee will split into two teams to enable it to
cover the whole country. The
programme for coming week is as follows:
Programme
Monday 15th October
Chinhoyi Cooksey
Memorial Hall 9 am to 11
am
Marondera Farmers' Hall
9 am to 11
am
Tuesday 16th October
Kwekwe Kwekwe Theatre 9 am to 11
am
Gweru Gweru
Theatre 2 pm to 4
pm
Mutare Queen’s
Hall 2.30 pm to
4.30 pm
Wednesday 17th October
Bulawayo Small City
Hall 9 am to 11
am
Masvingo Civic
Centre 11.30 am
to 1 pm
Gwanda Gwanda Club 2 pm to 4
pm
Thursday 18th October
Lupane Community
Hall 11 am to 1
pm
Chiredzi Chitsanga Hall 11.30 am to 1
pm
Friday 19th October
Beit Bridge Holiday Inn
Express 9 am to 11
am
Victoria Falls Chinotimba Hall 9 am to 11 am
About
the Hearings
The
purpose of the hearings is spelled out in section 28 of the Public Finance
Management Act, which states that t
· the
Minister of Finance may through
the portfolio committee seek the views of Parliament in the preparation and
formulation of the national budget
· the
portfolio committee must for that purpose “conduct public hearings to elicit the opinions of as many
stakeholders in the national annual budget as possible”.
The hearings therefore give all stakeholders – interest groups,
business organisations, farmers, miners and members of the general public – an
opportunity to influence the crafting of the 2013 Budget through the portfolio
committee. Public input at the hearings
will be included in a report to be presented to the Minister for consideration
as the 2013 Budget is put together in the Ministry. The chairperson of the committee, Hon Zhanda, will also present a report to the House of Assembly
when the Budget is debated in Parliament.
The Minister will present the Budget on Thursday 15th
November.
Interested persons are invited to attend the hearings, at which they will be given the
opportunity to make contributions. If
you want to make oral representations, signify this to the Committee Clerk
before the hearing so that he can notify the chairperson to call on you. An oral submission is more effective if
followed up in writing. If you are
making a written submission, it is advisable to take as many copies as possible
for circulation at the hearing.
Written submissions and correspondence are also welcome and should be
addressed to: The Clerk of Parliament, Attention: Portfolio Committee on Budget,
Finance and Investment Promotion. Parliament’s postal address is P.O. Box CY298
Causeway, Harare. If delivering, please
use the Kwame Nkrumah Avenue entrance to Parliament,
between Second and Third Streets, Harare.
NB: Members of the public who cannot attend meetings, including
Zimbabweans in the Diaspora, can at any time send written submissions to
committees by email addressed to to clerk@parlzim.gov.zw
For further information contact the committee clerk, Mr Chris Ratsakatika.
Telephone (0)4 252931, 252936/7, 252941.
Cellphone 0772 428 946. E-mail ratsakatikac@parlzim.gov.zw
Ministry of Finance Budget Stakeholder
Consultations
As part of its Budget preparations the Ministry of Finance has
released its Pre-Budget Strategy Paper [available from veritas@mango.zw
as a 2 MB pdf document]. The Ministry will be holding provincial consultations from 16th to
30th October – Veritas will distribute details as soon
as they are available. These
consultations are in addition to the Parliamentary public
hearings.
Veritas makes every effort to ensure reliable information, but cannot take
legal responsibility for information supplied
BILL
WATCH 47/2012
[13th October
2012]
Both Houses of Parliament Met on Tuesday 9th October and Have
Adjourned until 15th November
No Date Yet for Official Opening of Next Parliamentary
Session
Correction of Error
In Bill Watch 46/2012 of 9th October the item on the Zimbabwe
Electoral Commission’s invitation to organisations wishing to provide voter
education gave an incorrect telephone number for making enquiries of the
Commission. The correct number is
Harare 770340. Veritas apologises.
Zimbabwe
Human Rights Commission Act Gazetted
The Zimbabwe Human Rights Commission Act was gazetted on Friday 12th
October as Act No 2/2012. It came into
force immediately. [Act available
from veritas@mango.zw]
Although members of the Zimbabwe Human Rights Commission [ZHRC] were
sworn in on 31st March 2010, the Commission has been waiting for the
promulgation of this Act to enable it to become operational. Members have however been able to prepare for
their duties by paying familiarisation visits to similar national human right
institutions in other countries in the interim.
Now, however, they should be able to get down to work, which includes
hearing complaints of human rights violations – both current and those since
13th February 2009. Their work will also
include something not specifically mentioned in the ZHRC Act or the Constitution
– a pivotal role in the implementation measures against politically-motivated
violence and intimidation in the context of the coming general elections. This is provided for in the new Part XVIIIB
of the Electoral Act, as enacted in the Electoral Amendment Act gazetted on 28th
September 2012. [Electoral Amendment Act available from veritas@mango.zw]
Facilitators in Harare
Members of the South African facilitation team arrived in Harare on
9th October to check on progress in the constitution-making process and on the
Roadmap to Elections. They were able to
see that preparations for the Second All Stakeholders’ Conference were more or
less on track. But MDC’s Prof Ncube told them on 9th October that elections could not be
held in March 2013 – ZANU-PF’s latest idea – because reforms had not been put in
place. And their visit also saw the
unnecessarily physical police arrest of MDC-T Minister of Energy and Power
Development Elton Mangoma on 10th October on
allegations of undermining the President in a speech at a party function in
Bindura in May.
The Minister denies using the words attributed to him; he was held at the
police station for 3 hours and only released after making a warned and cautioned
statement. The next day MDC-T leader Mr
Tsvangirai met the team and told them the political
environment was being poisoned by ZANU-PF violence and intimidation and partial
police action against MDC-T in stopping rallies and making arrests.
Annual Budget Preparations
2013 Budget to be presented 15th November The Minister of Finance has given formal written notice under
Parliamentary Standing Orders that he will present the 2013 National Budget
Statement on Thursday 15th November. His
Pre-Budget Strategy Paper has been issued
[available from veritas@mango.zw
as a 2 MB pdf document].
Victoria Falls Pre-Budget Seminar On 9th October the presiding
officers in both Houses of Parliament announced the Pre-Budget Seminar for
Parliamentarians, which will run from Thursday 1st to Sunday 4th November at
Elephant Hills, Victoria Falls. The
seminar’s purpose is to enhance the contribution of members of Parliament to the
process of budget formulation and prioritisation.
Other Budget preparations
Without waiting for the next session to be officially opened, Parliament’s Budget programme
will start with public hearings by the House of Assembly Portfolio Committee on
Budget, Finance and Investment Promotion all round
the country from Monday 15th to Friday 19th October [details in separate Bill Watch
Parliamentary Committee Series bulletin], with a hearing in Harare later.
After the Budget presentation The chairperson of the
Portfolio Committee on Budget, Finance and Investment Promotion, Hon Zhanda, has warned that Parliament will not be prepared to
rubber-stamp the Budget without proper consideration – Ministers will have to
defend their Budget allocations. And
after presentation of the Budget on 15th November the committee will require two
weeks to study it. This clashes with the
Minister’s programme for the Budget to be debated and passed by both Houses by
the end of November.
[Note: the
original Parliamentary calendar for 2012 envisaged no sittings at all in
December, but the calendar is flexible and has already been departed from
several times.]
In Parliament Last Week
Both Houses sat for only one day - 9th October
House of Assembly
Death of Hon Mudenge
Members observed a minute’s silence in memory of the late MP for
Masvingo North and Minister of Higher Education and
Technology, Hon Stan Mudenge, who died on 24th
September.
Bills
Securities Bill The Securities Bill was
presented on behalf of the Minister of Finance by the Minister of Energy and
Power Development and was given its first reading. It was then referred to the Parliamentary
Legal Committee for its report on the Bill’s constitutionality.
National Incomes and Pricing Commission Bill – this item was not taken.
The Minister of Industry and Commerce has not yet delivered his second
reading speech.
Motion on following up Government assurances to Parliament
Hon
Sululu, MDC-T MP for Silobela, presented his motion on the need for a follow-up
mechanism on Ministerial assurances to Parliament. Hon Eddie Cross, MDC-T MP for Bulawayo South
seconded. After a two-hour debate that
included contributions by both MDC-T and ZANU-PF MPs, the House adopted a
resolution calling on committees:
·
to
follow up resolutions, including resolutions adopting portfolio committee
reports, and Government undertakings given on the floor of the
House
·
to
propose the imposition of sanctions [not specified during the debate] by the
House on any Minister who fails to respond to committee
reports.
Contributors
deplored Ministers’ failure to implement committee recommendations and
assurances given to the House and its committees, complaining that the
Government does not take the House sufficiently seriously. Hon Cross suggested that MPs should consider
refusing to approve the forthcoming Budget if the Minister of Finance does not
take on board input from the Portfolio Committee on Budget, Finance and Economic
Development. There were calls for the
revival of the former Committee on Government Assurances which functioned until
2005.
Senate
Death of Senator Rimbi Senators observed a minute’s
silence in honour of the late Senator Josiah Rimbi,
MDC-T elected Senator for Chipinge.
The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of
Folklore [a protocol within the framework of the African Regional Intellectual
Property Organisation] was approved without debate. Such protocols have to be
approved by Parliament [section 111B of the Constitution] and as this one has
already been approved by the House of Assembly, the Government can now ratify
it.
PLC adverse reports on statutory instruments The Minister of Justice and
Legal Affairs brought Senators up to date on developments over the Parliamentary
Legal Committee [PLC] adverse reports on a large number of statutory instruments
dealing with charging of fees and penalties by local authorities. He read out the joint statement agreed
between himself and the PLC in terms of which the statutory instruments will be
amended to take into account the PLC’s concerns. PLC chairperson Shepherd Mushonga then withdrew the adverse reports. Another outcome of the agreement reached is
that municipal uniformed employees will be gazetted as “prescribed officers”
authorised to invite and receive deposit fines under the Criminal Procedure and
Evidence Act.
The only PLC item left for discussion is the adverse report on the
Minister of Defence’s SI 61/2012 restricting access to Army’s boarding school by
declaring it to be a cantonment. The
Minister of Justice and Legal Affairs has advised the Minister of Defence to
repeal the SI.
Status of Bills as at 12th October 2012
Private Member’s Bills held up pending Supreme Court
decision
Public Order and Security Amendment Bill
Criminal Procedure and Evidence Amendment Bill
Urban Councils Amendment Bill
[See Bill Watch 20 and 21
of 15th May 2012 for background]
Bill awaiting Second Reading
National Incomes and Pricing Commission Amendment Bill
Bill being considered by Parliamentary Legal
Committee
Securities Amendment Bill [referred to PLC after its first reading on 9th
October]
Bills gazetted and ready for presentation in Parliament
Microfinance Bill [gazetted on
31st August] [not yet available]
Bills being printed
None.
Government Gazette of 12th October
Acts The Zimbabwe Human Rights Commission Act was gazetted on 12th October
Bills No Bills were gazetted
Statutory Instruments [copies not available]
State procurement SI 160/2012 contains a new
schedule of administration fees and penalties applied by the State Procurement
Board. SI 159/2012 lists new monetary
thresholds for implementation of various tender procedures, plus updated lists
of public enterprises and local authorities bound by the Procurement Act and
regulations.
Rural district councils SI 158/2012 contains
standard-form by-laws regulating land use and conservation for communal and
resettlement land in the Nkayi RDC
area. SI 157/2012 is a proclamation
transferring two pieces of land between wards of the Manyame RDC area.
General Notices [copies not available]
Competition and Tariff Commission Three notices contain
information about Commission decisions: GN 465/2012 sets out the order the
Commission proposes to issue to stop restrictive trade practices by CIMAS
medical aid society affecting haemodialysis treatment, and calls for
representations from interested persons or parties. GN 466 and 467/2012 announce that the
Commission is about to investigate allegations of restrictive trade practices
against CIMAS re use of laboratory services, and against Innscor Africa Ltd
re use of its position in the basic commodities market to restrict competitors
and potential entrants.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
COURT WATCH 19/2012
[14th October 2012]
Appeal to Supreme Court in By-Election Case
Court Case to Compel President to hold By-Elections
Reminder: The ex-MPs for three constituencies in Matabeleland which fell vacant
in July 2009, when they were expelled by MDC-M, took the President to court in August 2010 for failing to call
by-elections. [There is are constitutional and legal provisions that a by-election most be called within 14
days after Parliament notifies the President of a vacancy.] They won their case in the
High Court in Bulawayo on 13th October 2011.
The President appealed to the Supreme Court against this decision, but on 12th
July 2012 the Supreme Court dismissed his
appeal
and ordered him to call the
by-elections
by 30th
August. The
reasons for this
decision have
still not been given.
President
Mugabe, instead of complying, made a last-minute application to the High Court
for an extension of one month, and on 30th August High Court Judge-President
Chiweshe, sitting in Harare, granted an extension of the deadline until 1st
October. [More detail can be found in Court Watch 14/2012 of 28th
July.]
Court
Grants Second Extension of By-Elections Deadline to 31st March
2013
A
few days before the 1st October deadline, another application for an extension
was filed on behalf of the President, this time seeking an extension until the
end of March 2013. The argument
presented in an affidavit by the Minister of Justice was that calling for these
three by-elections would create a precedent for demanding by-elections for the
other 23 Parliamentary and more than 160 local authority council vacancies and
Government lacked resources as it still had to hold the constitutional
Referendum. He also pointed out that it
was the President’s wish to hold the coming general elections in March
2013. [Comment:
an argument about lack of State resources should not affect the justice of a
case; there is also an illogicality in the argument that if the general
elections are to be held in March asking for an extension to call
by-elections by the end of March really means they would not take place at all,
which makes setting that date for an extension
meaningless.]
The
lawyers for the three would-be candidates opposed the President’s application,
raising objections on:
·
preliminary
procedural grounds,
mainly that Justice Chiweshe had no jurisdiction to change a Supreme
Court
order
·
the
merits
of the President’s reasons for wanting the extension.
Sitting
in chambers, not open court, Justice Chiweshe heard legal argument from both
sides on 1st and 2nd October and later on 2nd October announced his decision
granting the President an extension to 31st March 2013, as requested. He added that his written reasons for
rejecting the procedural objections and for granting the extension would follow
later. To date they have not been released [see
below].
Effect
of 6 month extension
It
is important to note that Justice Chiweshe’s extension means that the voting in
the by-elections could be in June 2013.
This is because he extension actually gives the President until 31st
March 2013 to call the by-elections – which is not the same completing
them by that date. Under the Electoral
Act the President must call by-elections by gazetting a notice setting dates for
the sitting of the nomination court [not
more than 21 days after the Gazette notice] and polling [not more than 50 days
after the nomination court sitting].
This means that if the President waits until 31st March 2013 to call the
by-elections by gazetting the necessary notices, voting in the by-elections
could be as late as 10th June 2013 – de facto not at all in light of general
elections next year. [Reminder
this case has been ongoing since August 2009 – it would create a sad precedent
if a constitutional case can be delayed this long and then just fall
away.]
Would-be
candidates want to appeal to Supreme Court
The
candidates wish to pursue their opposition to the extension by appealing to the
Supreme Court to get Justice Chiweshe’s latest decision set aside. Their lawyers are working on an appeal which
will focus on the jurisdictional point – whether Justice Chiweshe, as a High
Court judge, had the power to modify a decision reached by the Supreme
Court. This was one of the preliminary
objections unsuccessfully raised before Justice Chiweshe in argument.
Lack
of Reasons for Judgment – A Difficulty for the
Appellants
No
reasons from Justice Chiweshe A member of the candidates’ legal team has
confirmed that, until Justice Chiweshe’s has handed down his written reasons for
last Tuesday’s decision, it will be difficult for them to formulate the notice
of appeal which the rules of court require.
A letter has accordingly been sent to the Registrar of the High Court
asking for Justice Chiweshe’s judgment to be provided.
No
Supreme Court reasons either The Supreme Court has also made life
difficult for all involved in this case – Justice Chiweshe, the lawyers, their
clients and other interested parties – by not providing its reasons for its
decision of 12th July against the President.
.
Not
only is the lack of reasons difficult for the lawyers et al, but it also causes
unfortunate public speculation as to how a Supreme Court order for relatively
prompt calling of by-elections came to be transformed into a ruling that could
turn out to mean the by-elections will never be held. No-one should have to speculate on why a
court has reached its decision in any case, let alone one with political
ramifications. An inevitable result of
speculation is a loss of the esteem and respect with which all courts should be
regarded and a tarnishing of the reputation for impartiality to which an
independent judiciary should aspire.
Questions
in Mind of Public
Can
the Constitution be ignored? There has naturally been public interest in
this case, which has both political and constitutional ramifications, and comes at a time of a new constitution-making
exercise. There is recognition of the
binding nature of a constitution and the obligations it imposes on a country’s
institutions – not just on the executive and the legislature, but also on the
judiciary. Not only do the Constitution
and the Electoral Act lay down provisions for filling vacancies in Parliament,
but the Constitution also spells out every citizen’s right to be represented in
Parliament. In July the Supreme Court’s
order seemed to have confirmed that the President must comply with the
Constitution and the Electoral Act. How
can a single High Court judge then extend that deadline, for all practical
purposes indefinitely? Are the courts
not meant to be the guardians of the Constitution?
Is
a March general election date now legally inevitable? Another public concern is: has the country
somehow been legally committed to a March 2013 general election by the affidavit
on behalf of the President lodged in the application for the by-elections
extension? The answer is No. The President can only set a general election
date by a proclamation in the Government Gazette – and the Prime Minister’s
agreement would be needed for general elections in March [GPA, Article 20.1.3(q)]. In any event, the statement to the High Court
said only that it was the President’s “desire” that the general elections be
held in March.
The
separation of powers principle
In a
critical comment dated 5th October the Research and Advocacy Unit characterise
the excuse that by-elections could not be held due to financial
constraints as “simply a delaying tactic
already rejected by the Supreme Court”, and also remind readers that it is the Electoral Act that insists
on the prompt holding of by-elections.
RAU suggest that Justice Chiweshe’s
extension of the by-election deadline is a violation of the separation of powers
principle established by the constitution, because:
·
It is not for the judiciary or the executive to decide that the will
of the legislature does not require compliance.
It is for the legislature to decide that the law is inappropriate and if
so to amend the relevant Act.
·
It is not for the courts or the President to decide which laws can be
ignored out of political expediency – that would be inconsistent with the rule
of law.
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