Fears of 2008 bloodbath repeat

http://www.zimonline.co.za/

by Own Correspondent Monday 18 October 2010

HARARE - There are growing fears that Zimbabwe is headed for another
bloodbath as President Robert Mugabe pushes for elections next year - with
or without a new and democratic Constitution seen as critical to ensuring
that any new polls are bloodless.

 A defiant Mugabe said last Thursday that he was fed up with the "stupidity"
of some of his disputes with Prime Minister Morgan Tsvangirai and wanted a
delayed constitution-making process speeded up to enable elections to be
held by mid-2011.

Responding for the first time to the latest dispute with Tsvangirai over the
appointment of ambassadors and provincial governors, Mugabe said he wanted a
new constitution to be ready by the end of the two-year term of Zimbabwe's
shaky coalition government next February.

"To give it another life of six months or one year no, no, no," Mugabe said,
referring to the coalition government he formed with Tsvangirai and Deputy
Prime Minister Arthur Mutambara in February 2009.

The coalition has been rocked by constant squabbling among the partners,
with Tsvangirai and Mutambara regularly accusing Mugabe of making decisions
without consulting them as required under a September 2008 power-sharing
pact that led to the formation of the unity regime.

Appointments

The latest spat between the two rivals was triggered by Tsvangirai's refusal
to recognise some senior appointments made by Mugabe during the past few
months in violation of the power-sharing pact -also known as the global
political agreement (GPA) - which requires the ageing Zimbabwean leader to
consult his coalition partners before appointing officials.

Tsvangirai two weeks wrote to the leaders of South Africa, Italy, Sweden,
the European Union and United Nations asking them not to recognise six
Zimbabwean ambassadors whom he said were unilaterally appointed by Mugabe.

He has also refused to recognise the legitimacy of the chief of police, the
central bank governor, the attorney general, 10 ministers and five judges,
all appointed by Mugabe alone.

This prompted South African President Jacob Zuma to send a three-member
mediation team to try to resolve the Harare impasse.

Mugabe hinted that a referendum on the new Constitution would to be held
earlier than the previously stated June 2011 to allow polls to be held by
the middle of next year.

But analysts warned last week that trying to fast-track the Constitution
drafting process would produce a flawed document that does not reflect the
changes demanded by Zimbabweans.

"There is no way we can have a new constitution by the time the term of the
inclusive government ends in February 2011 given the myriad of problems
COPAC (Constitutional Parliamentary Committee) has faced since the committee
was set up in April last year," said Harare-based political analyst Donald
Porusingazi.

The process to draft a new governance charter is more than a year behind
schedule due to a combination of factors, including funding problems and
bickering among the three parties to the GPA.

It has also been marred by violence allegedly perpetrated by ZANU PF
militias led by the head of the war veterans association Jabulani Sibanda
and members of the armed forces.

Forces of darkness

"It's obvious that Mugabe and ZANU PF will try to capitalise on the constant
disputes with the MDC to force an early election where they will unleash
their forces of darkness on the hapless electorate," Porusingazi added.

ZANU PF has been re-establishing militia training camps in some parts of the
country and Tsvangirai's MDC-T this month listed at least 50 incidents of
violence and intimidation perpetrated by war veterans, police officers,
soldiers, Central Intelligence Organisation (CIO) operatives and pro-Mugabe
traditional chiefs.

ZANU PF youths are known for using militia camps as torture basis where
perceived opponents of Mugabe and his party are assaulted, raped, tortured
or even murdered.

"Should this happen, the nation will be thrown back to the year 2008; Mugabe
and ZANU PF will 'win' the elections and illegitimacy will be reinstated all
over again," Makumbe said.

He spoke of the threat of a fresh exodus of desperate Zimbabweans leaving
the country to escape persecution, charging that SADC countries would have
to brace themselves for the influx of political and economic refugees from
Zimbabwe.

Army firm in FARC arms scandal

http://www.zimonline.co.za/

by Own Correspondent Monday 18 October 2010

HARARE - The Zimbabwe Defence Industries (ZDI) has been sucked into the arms
trafficking scandal involving rogue Ecuadorian bishop Walter Crespo amid
allegations that the shadowy Zimbabwean army-run company supplied some of
the weapons smuggled by Crespo to Colombian rebels.

Crespo was detained by Ecuadorian police in 2000-03 for arms trafficking to
the guerrillas of the Fuerzas Armadas Revolucionariasde Colombia (FARC),
also known as the Revolutionary Armed Forces of Colombia.

London-based political think-tank Africa Confidential said last week that
the ZDI was the source of the arms supplied by Crespo to the notorious
rebels accused of kidnappings and murdering innocent civilians.

"We hear some of the end user certificates for the arms were supplied by
Zimbabwe Defence Industries, an army-controlled firm headed by retired
Colonel Tshinga Dube," the think-tank said.

It also alleged possible arms dealing and money laundering activities by the
Zimbabwean arms company.

"Given that arms supplied to FARC are generally paid for with cocaine, the
ZDI's foray into Latin American operations may partly explain the surge of
money laundered through the Zimbabwe Stock Exchange (ZSE) over the past
decade," Africa Confidential said.

The ZSE experienced a fairytale ride between 2000 and 2008, largely driven
by liquid market conditions.

FARC is a violent guerrilla organisation described by the US, Colombian, New
Zealand, Canadian and European Union governments as a "terrorist" group.

It has been accused of kidnapping government officials and aid workers and
recruiting child soldiers.

Mugabe, Tsvangirai feud escalates

http://www.dailynews.co.zw/

By Stanley Gama
Monday, 18 October 2010 16:24

HARARE - The feud between Prime Minister Morgan Tsvangirai and President
Robert Mugabe escalated into a war of words at the weekend with the ageing
Zimbabwean leader attacking his rival saying he was ignorant of
international law.

Mugabe said this while addressing members of the Zanu PF Women's League,
where he was responding to Tsvangirai's decision to write to the United
Nations and the European Union, protesting against the 86-year old leader's
unilateral appointments of provincial governors.

Mugabe's controversial appointments, which are a breach of the Global
Political Agreement (GPA), sparked a furious reaction from Tsvangirai who
described the move as "nonsensical " and "outrageous" and he subsequently
advised the EU and UN not to recognise envoys appointed by the veteran
leader.

According to the Zimbabwe Broadcasting Corporation (ZBC), Mugabe said
Tsvangirai does not understand how governments work resulting in him rushing
to the UN to complain about ambassadors yet it is the job of the ministry of
foreign affairs.

"The appointment of ambassadors is the work of the Foreign minister and the
President and there is only one President in the country.

"The Foreign Affairs Minister advised and recommended that there should be a
reshuffle of ambassadors and there were no new appointments made.

"Now some are complaining why we have done that- they do not know that there
are procedures that are followed, that is why I said such activities are of
a foolish nature, absolute and sometimes quite stupid.

"The United Nations is not the United Nations of parties or individuals, but
it is a United Nations of countries and the countries are represented by
their Foreign Ministers and their Ambassadors who are instructed by their
Heads of State," said Mugabe.

While Tsvangirai was unavailable for comment, his spokesperson Luke
Tamborinyoka said: "The Prime Minister remains seized with constitutional
matters and other pressing issues in the country and has no time to comment
on that."

But a minister close to Tsvangirai who refused to be named said Mugabe's
attacks clearly shows that he has run out of ideas and was probably
grandstanding to his supporters.

"After Mugabe was endorsed by the women to be their life president, he was
so excited about it that he thought of something to say to cheer them up.
But the truth of the matter is that Mr Mugabe is failing to understand the
GPA.

"He is claiming that the constitution overrides the GPA but he forgets that
he is president of the country because of the GPA. He is forgetting that he
lost elections and only became president after negotiations. He must just
follow what was agreed in the GPA instead of lying to his women supporters.
At times you have to feel sorry for Mugabe because he is being manipulated
by his surrogates in Zanu PF who take advantage of his advanced age," said
the minister who is a close associate of Tsvangirai.

The latest fallout between Mugabe and Tsvangirai forced facilitator to the
Zimbabwe crisis, President Jacob Zuma to send his envoys last week to try
and force the warring parties to come to an agreement.

The envoys left the country without saying what progress they had made but
they managed to meet the three principals to the GPA - Mugabe, Tsvangirai
and deputy prime minister Arthur Mutambara separately.

Armed police seal off UZ as 7 students arrested in Masvingo

http://www.swradioafrica.com/

By Lance Guma
18 October 2010

Over 100 armed riot police sealed off the University of Zimbabwe on Monday
in an effort to subdue a planned mass class boycott by students demanding a
'fresh start' in the education sector.

Speaking to SW Radio Africa, Zimbabwe National Students (ZINASU) coordinator
Kurayi Garnet Hoyi said most colleges and universities countrywide were
besieged by armed police units, determined to intimidate students. Police
warned students against any 'funny behavior' and said they had orders to
'shoot to kill'.
Seven students were arrested in Masvingo, including the ZINASU Secretary
General Joshua Chinyere. Members of the Central Intelligence Organisation
(CIO) are said to be hunting for the union's president Obert Masaraure.

Last week Masaraure told SW Radio Africa that students countrywide would
begin an indefinite class boycott demanding a 'fresh start' in the education
sector.
Masaraure said; 'The current state of education is abnormal and yet everyone
is trying to normalize an abnormal situation.' He said their union is
pushing for a 'mass class boycott' which will be complemented by several
'street protests'.

 

Army deploys soldiers at Mutoko business centre

http://www.swradioafrica.com/

By Tichaona Sibanda
18 October 2010

Villagers in Mutoko have raised concern at the presence of an army unit at
Nyamuzuwe business centre in the district.

SW Radio Africa is reliably informed that the troops, believed to have come
from the army's JOC Mutoko barracks, have erected tents and mounted a boom
gate at the centre.

Silas Gweshe, the information and publicity secretary for the MDC-T in
Mashonaland East province, told us the presence of the soldiers has raised
tensions in the politically volatile district.

'We all know how ZANU PF operates towards an election. It is an open secret
that Mugabe uses the military to intimidate or cause mayhem to villagers in
rural areas. Soldiers are supposed to be based in army barracks, so you
cannot stop worrying when you seem them camping at a business centre,'
Gweshe said.

Gweshe said villagers were concerned the big troop presence was another sign
of imminent action by ZANU PF, a party that mostly relies on violence for
survival.

'We compare notes with our colleagues from other provinces and they tell us
of much bigger troop movements in some of the districts. So when we see
soldiers in rural areas people feel insecure because of what happened in
2008 when we defeated ZANU PF,' Gweshe added.

On March 29th 2008, ZANU PF lost its majority in parliament for the first
time since independence and Mugabe lost the presidential vote. Soon after,
the regime embarked on a bloody campaign of violence and reprisal attacks,
mainly against people who voted MDC-T.

In the three months between the vote and the June 27 runoff election,
ruling-party militias, aided by soldiers and war veterans, battered the MDC,
bringing its network to the verge of oblivion.

By election day, more than 200 party supporters were dead, hundreds were
missing, tens of thousands were injured and almost half a million were made
homeless. MDC leader Morgan Tsvangirai dropped out of the race and took
refuge in the Dutch Embassy.
Analysts' fear ZANU PF will use violence again to hang on to power, after
Mugabe signalled that he was against extending the life of the GPA when,
according to him, it expires next year in February.

War vets leader Jabulani Sibanda is already terrorizing villagers in
Masvingo province. In the last four months alone, Sibanda has been inciting
violence and intimidating villagers mainly in Zaka and Bikita districts. He
is criss-crossing the length and breadth of the province intimidating people
into support for ZANU PF ahead of an impending referendum, in June next
year.

Sibanda reportedly told villagers in Zaka recently that he had been 'sent to
warn all sell-outs in the area that ZANU PF is ready to kill them' if they
fail to join his party before campaigns for the next elections have begun.

Farm group warns of ‘final push’ for commercial land

http://www.swradioafrica.com/

By Alex Bell
18 October 2010

A farming rights group has warned that there is a “final push” to seize
Zimbabwe’s handful of remaining commercial properties, ahead of fresh
elections.

In the past few weeks a number of farming families have been left destitute
after their properties were seized by local officials from ZANU PF. This
includes the Connar family from Masvingo who were forced to flee their farm
earlier this month, after ZANU PF central committee member, Clemence
Makwarimba invaded the property. Makwarimba evicted the Connar family with
the help of violent youth militias who also beat up the farm’s workers.

Justice for Agriculture (JAG) told SW Radio Africa on Monday that there is a
visible drive to seize what is left of commercial land before elections are
called next year. JAG’s John Worsley-Worswick said the situation is
deteriorating rapidly, with ZANU PF governors leading the “final push” for
commercial land. Worsley-Worswick explained that ZANU PF governors are
running scared, after the MDC contested their unilateral appointment by
Robert Mugabe.

“This is the last crack of the whip, because they know time could be running
out to grab what they can,” Worsley-Worswick said.

Worsley-Worswick added that another family has been left destitute in the
past week in Chegutu, where a local official has used hired youth militia to
forcibly evict Dirk and Heidi Visagie. The couple, who are South African
citizens, have been fighting off land invaders since 2001. This is despite
the existence of a bilateral investment protection agreement (BIPPA) between
Zimbabwe and South Africa that is meant to protect South African farmers
from land attacks in Zimbabwe.

Earlier this month, the couple won a High Court order offering them further
protection, but the total disregard for the rule of law in Zimbabwe has
continued, leaving them open to attack. JAG’s Worsley-Worswick explained
that the family have been left with absolutely nothing. He said there has
been no word from South African authorities, despite the BIPPA, saying that
the agreement and others like it “account for very little when commercial
land is still available for seizure.”

This comes as a German company has been trying to stop the illegal seizure
of a Mazowe farm, which is also meant to be protected by a BIPPA. The
property has been taken over by Daniel Chirume, who claims he has an offer
letter for the property. The company, Forrester Estate (PVT) Ltd, is also
seeking to stop Chirume from taking 200 head of cattle, 50 hectares of
irrigated tobacco, 50 hectares of maize and 10 hectares of peas.

“This occupation was done without our consent, neither did the respondent
(Mr Chirume) have a court order authorising him to do so. In any event no
court order has been obtained for our eviction,” said Forrester Estate
representatives.

Chihuri transfers entire Avondale police force

http://www.swradioafrica.com/

By Lance Guma
18 October 2010

Police Commissioner Augustine Chihuri is reported to have transferred the
entire force at Avondale Police Station, over suspicions they are
sympathetic to Prime Minister Morgan Tsvangirai who stays in the nearby
Strathaven suburb of Harare.

Officially the 78 officers stationed in Avondale are being moved to remote
rural police posts as punishment for the way they handled a case involving a
maid and her Indian employer. Only two officers, said to be connected to
senior cops, have been relocated to stations in Harare.

According to the Zimbabwe Standard newspaper the officers have to move out
of Avondale by Tuesday next week and relocate to areas like Tuli, Mushumbi,
Mutorashanga, Binga, Jambezi, Guyu, Kezi, Mbembesi, Kazungula, Gezani,
Nkayi, Dete and other remote areas.

Sources in the police force however believe the excuse used by Chihuri over
the transfers is just a mere smokescreen. It's reported that one of the
senior officers saluted Tsvangirai and Finance Minister Tendai Biti during
their visit to the station. This went against the ZANU PF position that
members of the army and police force should not salute Tsvangirai.

This, among many other factors, fuelled a growing perception within ZANU PF
that Avondale Police station was sympathetic to Tsvangirai and actually
providing security to him. This view was fuelled further by attempts in the
past to establish a police post in Strathaven where Tsvangirai lives.

Graduates from the notorious Border Gezi militia camps have been filling up
the ranks of the police force over the years. It's these graduates, mainly
from the rural areas and fiercely loyal to ZANU PF, who are likely to make
up the new Avondale police force. The Standard newspaper has information
that an unnamed officer in charge of Ruvangwe police station, near the
Mozambique border, will take charge.

While Chihuri serves his political masters, the officers who have been
transferred have to find money at short notice to fund their relocation. One
officer told the Standard newspaper that he had kids who were going to
school in Harare and he was now been told to go 500km away. One of his kids
is also meant to be writing exams next month.

More worryingly, the officers face being charged should they fail to
relocate to the designated stations on time. The only safe option for them
is to resign and that is probably what the police chief intended from the
beginning.

Supreme Court halts Biti’s challenge over illegal detention

http://www.swradioafrica.com/

By Alex Bell
18 October 2010

The Supreme Court has put a stop to a legal challenge by Finance Minister
Tendai Biti, who has been trying to have his detention by two notorious
policemen in 2008 declared illegal.
The MDC-T Secretary General was arrested in June 2008 as he stepped off a
plane in Harare, after returning from South Africa where he had spent two
months in self-imposed exile. He was then held incommunicado for five days
without charge, by police detectives Boysen Matema and Crispen Makedenge.
At the time, lawyers representing Biti sought the intervention of High Court
Judge Samuel Kudya, but the application was dismissed. The police later
claimed they had a warrant to arrest Biti on treason charges. The charges
were eventually dropped just before the MDC-T joined the coalition
government.
On Monday the Supreme Court was meant to hear Biti’s challenge against
Makedenge and Matema. But this was halted when Supreme Court Justice
Vernanda Ziyambi struck the case off the court roll, after ruling that the
appeal was ‘filed out of time’.
“The matter is struck off the roll and there is no order to the costs,” said
Ziyambi who presided over the case together with Justice Paddington Garwe
and Justice Misheck Cheda.

Biti’s lawyer Advocate Lewis Uriri said he will file an application seeking
leave to appeal.
Meanwhile the torture trial of an MDC activist who has named top government
ministers in his case, has been postponed until November. The case was
supposed to appear before Justice Ben Hlashwayo last week Friday, but it
failed to continue as the judges were apparently attending a workshop
outside Harare. This is the second time that the case has been postponed.
Earlier this month, Farai Mutamangira, who is representing the defendants,
failed to show up at the courts without giving any reasons.
Activist Emmanuel Chinanzvavana, a multiple victim of state brutality, is
demanding US$1.2 million in damages for the abduction and torture he
suffered at the hands of State agents in 2008. Chinanzvavana is demanding
the damages from the ministers and security official whom he says were
responsible for the State security agents who abducted him on 3 November
2008. He was held incommunicado until 23 December 2008 when he was finally
transferred to detention at Avondale Police Station.

Chinanzvavana has cited co-Home Affairs Ministers Kembo Mohadi and Giles
Mutsekwa, Justice Minister Patrick Chinamasa and Presidential Affairs
Minister Didymus Mutasa. Police Commissioner-General Augustine Chihuri,
Prisons Commissioner Paradzai Zimondi, CIO Director General Happyton
Bonyongwe, CIO assistant director Ashley Walter Tapfumaneyi, police chief
superintendents Crispen Makedenge and Magwenzi, police assistant
commissioner Nyathi and detective chief inspector Mpofu, are cited as the
other defendants in the compensation claim.

Police acted unprocedurally on Timba case - AG

http://www.dailynews.co.zw/

By Guthrie Munyuki
Monday, 18 October 2010 17:45

HARARE - In a move that punches holes in a case in which police dragged
prominent banker Patterson Timba to the courts on charges of attempting to
fraudulently acquire a mine, the Attorney General's office has said that the
law enforcement agents might have acted unprocedurally by dabbling in a
civil matter which does not need hearing in the criminal court.

Timba, the Renaissance Financial Holdings chief executive is jointly charged
with his brother Stephenson, the chief executive of Freshco Resources.

They are accused of using fraudulent documents to seize ownership of
Glencairn Mine, which has gold claims in Kadoma.

The two are  out on bail.

But the AG's office, in a document in our possession, points to misdirection
by police who arrested the Timba brothers on September 28, several weeks
after it had noted that the case between them and Jameson Rushwaya, was
civil and could be resolved outside the criminal courts.

"Vis-à-vis the recent CR 14 filed in the Registrar of Companies office, a
criminal court cannot invalidate it. The situation is that a shareholder can
at any time remove a director and appoint another just as good as an
employer can fire his employee any time.

"However, in the event of an irregular removal of appointment, the removed
person cannot report to the police but should approach the High Court,"
reads a document signed on August 30 by Chris Mutangadura, chief law officer
at the AG's office.

Police spokesman Andrew Phiri refused to accept that they had acted
unprocedurally by arresting the Timba brothers in a case the government's
legal brains say was not within their territory.

"I am not aware of the AG's document and I don't think I can comment on that
unless I have sight of that document," Phiri told The Daily News.

Rushwaya claims that the Timba brothers removed his wife, Anne, from the
directorship of the company in which the banker controls, arguing that this
was unprocedural and fraudulent.

However, the AG's office, while accepting that Anne Rushwaya might have been
removed from the directorship irregularly and without properly following
procedures, said the Rushwaya's should have made a declaratory order against
the legality of the Timba brothers' actions in the High Court.

"A criminal court has no jurisdiction to make a declaratory order except the
High Court," notes Mutangadura.

Atherstone and Cook, the attorneys representing the Timba brothers, have
written to the police accusing them of bias in the matter.

"The manner in which the matter has been handled is a clear indication of
the personal interest of some police officers in this matter," reads part of
the letter.

"What was most surprising to our client was the fact that there was more
attention by the police on the complaint filed by Rushwaya. Lip service was
paid to our clients' complaint. "

Mugabe threatens diplomats

http://www.nation.co.ke

By KITSEPILE NYATHI, NATION Correspondent
Posted Monday, October 18 2010 at 19:32

HARARE, Monday

Zimbabwe President Robert Mugabe will retaliate if European Union (EU)
countries heed advice from his rival Prime Minister Morgan Tsvangirai to
expel diplomats that the veteran ruler appointed unilaterally.

President Mugabe and the PM are at loggerheads over several key appointments
and the impasse is now threatening the inclusive government formed in
February last year.

Last week, Mr Tsvangirai wrote to the United Nations, the EU and some
European countries asking them not to recognise the envoys.

While the UN has made it clear that it cannot throw out the ambassadors, the
EU has demanded an explanation from Mr Mugabe and the block may soon take
action.

But the president's spokesman Mr George Charamba on Monday said Harare would
reserve the right to reciprocate if its diplomats were thrown out of their
postings.

"In diplomacy there is a principle called reciprocity," Mr Charamba told
NewsDay, a privately owned paper. "You do to the other country what you want
them to do unto you.

"If country A refuses to recognise ambassadors from country B then country B
reserves the right to do the same." He said Zimbabwe was not benefiting from
the presence of Western diplomats because of sanctions. The EU has
maintained targeted sanctions against President Mugabe and his inner circle
since 2002 citing abuse of human rights and electoral fraud.

Accredited Journalists denied coverage of President

http://www.swradioafrica.com

MISA-Zimbabwe Alert
Accredited Journalists denied Coverage of the President
18 October 2010

State security agents on 15 October, 2010 allegedly blocked accredited
journalists from covering the graduation ceremony at Great Zimbabwe
University in Masvingo, officiated by President Robert Mugabe.

According to the daily, NewsDay the state security agents blocked
journalists from entering the ceremony demanding invitation cards similar to
those issued to graduates and their relatives in addition to their
accreditation cards.

It is alleged that journalists were only allowed to cover the graduation
ceremony after the University's Public Relations Officer, Anderson Chipatiso
intervened, although the journalists from the private media were not allowed
to get in with their cameras.

Background
The Zimbabwe Media Commission (ZMC) issues accreditation cards to all
Zimbabwean journalists to cover public functions as provided for by the
Access to Information and Protection of Privacy Act (AIPPA) of as amended in
2007. The commission oversees regulation of print media and accreditation of
journalists.

Section 78 of the Act, provides for privileges afforded to accredited
journalists such as visiting parliament and any public body with the purpose
of carrying out journalistic duties, covering public and national events,
accessing public institutions. Section 78(3) exempts unaccredited
journalists from enjoying such privileges.

For any questions, queries or comments, please contact:
Nyasha Nyakunu
Research and Information Officer
MISA-Zimbabwe

CCDZ calls for electoral reforms ahead of Zimbabwe’s 2011 polls

http://www.apanews.net

APA-Harare (Zimbabwe) A Zimbabwean civil society organization on Monday
called for far-reaching electoral reforms ahead of Zimbabwe’s next polls
tentatively set for mid-2011 and urged the government to allow voter
education to commence early to ensure there is adequate public awareness
before the polls.

The Centre for Community Development of Zimbabwe (CCDZ) said the electoral
reforms should include changes to the law to allow publication of
information about the number of ballot papers printed as well as a repeal of
the Citizenship Act to reinstate the voting rights of millions of farm
workers stripped of their voting rights after they were classified as
“aliens”.

The Zimbabwean-born farm workers were stripped of their citizenship and
denied voting rights in 2003 on the grounds that either one or both of their
parents were born outside Zimbabwe.

CCDZ also called for the repeal of draconian media and security laws that
violate the freedoms of speech and assembly.

The Public Order and Security Act (POSA) and Access to Information and
Protection of Privacy Act (AIPPA) have been used by the police to
criminalize public gatherings and the dissemination of information
considered hostile to the government.

CCDZ said the government should allow civic society organizations to
commence voter education among Zimbabwe’s electorate ahead of the 2011
elections.

President Robert Mugabe last week announced that Zimbabwe is likely to hold
elections by mid next year.

JN/daj/APA
2010-10-18

Activist’s widow demands fresh inquest into death

http://www.swradioafrica.com

by Irene Madongo
18 October 2010

The wife of the murdered MDC activist, Patrick Nabanyama, wants a fresh
inquest into the death of her husband, who was abducted under mysterious
circumstances. Nabanyama was the district organising secretary for Nketa and
an MDC election agent in the 2000 parliamentary elections.

A Bulawayo-based organisation, the Zimbabwe Victims of Organised Violence
Trust (ZIVOVT), is also demanding that the Attorney General’s office
retrieve past court records for the prosecution of the war veterans, accused
of the murder.

Mrs Nabanyama says in June 2000 a gang of up to ten armed ZANU PF men,
driving a white Mazda truck with no number plates, descended on their house
and forcefully took Patrick away. He was beaten with weapons and bundled
into their vehicle and driven off at high speed. He has not been seen since.

The police investigation led to the arrest of seven men, who included Cain
Nkala, Howard Ncube, Stanley Ncube and Julius Sibanda. The men claimed they
were war vets and ZANU PF activists. The seven agreed that they had abducted
Patrick but said they had released him on the same day. Four of them were
later brought to court but were acquitted at the Bulawayo High Court in May
2001.

Nkala was later kidnapped and killed by suspected state security agents,
after he indicated that he was ready to spill the beans as to what had
actually happened to Nabanyama. Edward Ndlovu and Howard Ncube are also
late.

On Monday Mrs Nabanyama said: “We want to find out the truth, so that we can
give him a decent burial like any other person. At the last date they said
they said they released him, they didn’t murder him.” She also said she is
still struggling to make ends meet, since her husband was the sole bread
winner.

ZIVOVT’s Themba Nyathi said: The justice system in Zimbabwe is being
compromised, the Nabanyama case is a typical example. That case only went up
to bail level. The file was taken to Harare and it has not come back, ten
years down the line. In Zimbabwean law if you know someone has disappeared
for seven years, that person is declared dead. The people last seen with
that person should be charged with murder.”

SW Radio Africa’s Bulawayo correspondent, Lionel Saungweme, says Mrs
Nabanyama will need to take her call beyond Zimbabwe’s borders as it’s
highly unlikely she’ll succeed at national level. “The ZVOVT show a lot of
enthusiasm just like many other Zimbabweans, but when you are faced with
organisations like the CIO and ZANU PF to contend with, you certainly have
to lobby not only within but internationally. Look at the abduction of
Jestina Mukoko. She would have been killed but the call for her was made not
only locally but internationally.”

Rights activist Jestina Mukoko was abducted and tortured by state agents in
2008. She was released after her case made headline news around the world.

Despite the fact that Patrick Nabanyama was a staunch MDC activist,
Saungweme said the party’s hands are tied: “The MDC is a little bit helpless
for now because it has been making concessions within the GPA. Mugabe
initiated a pardon for perpetrators of political violence. What the MDC can
do is to keep calling for the removal of Johannes Tomana (the Attorney
General) who has been handed a petition of violence perpetrated in 2008 and
he has shrugged that off and called the MDC concerns a loveletter.”

Mawere ends 6 year exile

http://www.newzimbabwe.com/

18/10/2010 00:00:00
by Staff Reporter

BUSINESSMAN Mutumwa Mawere prepared to return to Zimbabwe for the first time
in six years on Tuesday after police cancelled an arrest warrant issued in
2004 following accusations that he had "externalised" foreign currency.

The former Shabanie Mine and Schweppes boss said he was "excited, disturbed
and anxious" to be returning to Zimbabwe after a lengthy absence in which
his companies were seized by the state under a controversial law which he is
fighting in the Supreme Court.

Mawere, due to touch down on a British Airways flight at the Harare
International Airport at 2PM Tuesday, said he would be in Harare "for a
couple of days".
The trip was "not to deal with property", he said, "but a personal journey
to reenergise and hopefully move forward."

"I'm feeling excited, disturbed and anxious," he told New Zimbabwe.com from
his base in Johannesburg, South Africa.

"Disturbed that this can happen in a post-colonial state . when it becomes
difficult to get into one African state by an African, one has to pose and
think carefully about the journey travelled and what needs to happen," he
said.

"Excited because it is the place of my birth, and I carry its identity as
long as I live. I shall always be known as a Zimbabwean, not withstanding
those that may say otherwise.

"Home is always home -- the air, the human spirit and reconnection with all
that makes me what I am. This is cause for excitement.

"Anxious because having been out of the theatre of nation-building, one
doesn't know the state of play on the ground. The Zimbabwe that is in my
mind is obviously a different to what's on the ground, and it calls for
adjustment to see where and how I can plug in to help move the country
forward."

Mawere, who is ready to reclaim an impressive business portfolio which
included companies like Shabanie Mashaba Mines, Africa Associated Mines,
General Beltings, Steelnet, Turnall, Fidelity Life, ZimRe Holdings, Nicoz
Diamond, CFI Holdings, First Banking Corporation, Schweppes, Ukubambana
Kubatana Investments, FSI Holdings, Textbook Sales, Tube & Pipe, Firstel and
Hastt Zimbabwe, said his starting point would be to "touch the soil".

"Then I have to observe, reflect and reach out because in the final analysis
I'm just an individual no different from other individuals on the ground who
hope for a better and brighter but elusive Zimbabwe," Mawere said.

Mawere, a South African, learnt last week that Harare provincial magistrate
Mishrod Guvamombe had cancelled the warrant of arrest issued in May 2004,
which was followed by an abortive attempt to extradite him from South
Africa.

The move, which was expected after Mawere was "despecified" in May this year
along with other exiled businessmen accused of similar offences, came after
the Attorney General refused to prosecute.

Johannes Tomana's decision is a massive blow to continuing attempts by
Justice Minister Patrick Chinamasa and Shabanie Mashaba Mines (SMM)
administrator Arafas Gwaradzimba to keep the state in control of the
businessman's assets under the controversial Reconstruction Act, currently
subject to a constitutional challenge at the Supreme Court.

Signalling his intentions to reclaim his lost empire, Mawere -- who had been
accused of externalising US$18,5 million, C$628,000 and R4,5 million from
SMM Holdings Limited - said: "The state of play as it stands is that the
Attorney General, by cancelling this warrant, is saying there is no case to
answer, albeit six years later."

In recent months, Mawere - a former senior manager with the International
Finance Corporation - had sought and gained the support of Reserve Banbk
Governor Gideon Gono in his battle to clear his name.

Gono wrote a letter to Mugabe advising him that the basis of seizing Mawere's
businesses - namely that he was indebted to the state - was faulty.

Mugabe Speech Raises Fears for Zimbabwe's Power-Sharing Government

http://www.voanews.com

Johannesburg   18 October 2010

There was anxiety in the streets of Zimbabwe over comments made by President
Robert Mugabe that the country's power-sharing agreement was approaching the
end of its life span.  Though he no longer has the power to call elections,
Mr. Mugabe told a meeting of youth leaders that once the power-sharing
government had been dissolved, there would be elections by mid 2011.

School teacher Mary Zava said that she feared retaliation by ZANU-PF, like
it did in the last poll in 2008.  "I think they have should have waited a
while before getting into elections because of the situation in the country
at the moment. There hasn't been much healing in the nation."

Mr. Mugabe's remarks contradict the terms of the so-called global political
agreement, which followed an election marred by widespread fraud and
violence.  The agreement said a referendum on a new constitution should take
place within two years, to be followed by a general election.

The process of consulting the public on a new constitution, however, has
been delayed - mostly by lack of funds and disruption by ZANU-PF activists.

Public watch dog Veritas, which monitors legislation and constitutional
affairs in Zimbabwe, said a constitutional covers the political agreement
that states all three parties must sign off for an election to take place.
Mr. Mugabe's long time rival - Movement for Democratic Change leader, and
now Prime Minister Morgan Tsvangirai - signed the political agreement
together with Arthur Mutambara, leader of the small faction of the MDC
party.

Two weeks ago, Welshman Ncube, now MDC industry minister in the inclusive
government, set June 30 for the referendum for people to decide whether  to
support a draft of a new constitution.

Lovemore Matombo, president of the Zimbabwe Congress of Trade Unions, is
worried about Mr. Mugabe's statement.  "This call for elections before the
30 June is somewhat  dicey because the elements of violence have not yet
been removed."

International human rights groups said that at the last elections, narrowly
won by the MDC, about 200 of Mr. Tsvangirai's supporters were killed and
hundreds more were wounded.  MDC Secretary-General Tendai Biti, now finance
minister in the inclusive government, was one of hundreds arrested during
the election period.

Here we go again: Mugabe tests the credibility of the region and the world

Zimbabweans ‘must take responsibility’

http://www.businessday.co.za

LOYISO LANGENI
Published: 2010/10/18 06:28:37 AM

INTERNATIONAL Relations and Co-operation Minister Maite Nkoana-Mashabane
last week criticised Zimbabweans and the leadership of the country for
continuing to blame SA for their problems.

Ms Nkoana-Mashabane was speaking at a University of Pretoria lecture on the
role that SA will play during its two-year term as a nonpermanent member of
the United Nations Security Council.

The minister’s statement signals the South African government’s frustration
in persuading the political adversaries in Zimbabwe to make the government
of national unity work.

“I think we are going to move faster, quicker and more democratic the day we
hold Zimbabweans responsible for the decisions they take,” she said.

The minister said she was surprised to learn through media reports on her
return from New York on Thursday that the leaders of Zanu (PF) and the
Movement for Democratic Change (MDC) were still posturing while making the
government of national unity work. She chastised the leaders of both parties
for failing to resolve their differences.

She also said it was premature for the leadership to insist on holding
elections next year without first concluding a new constitution as required
by the political agreement they made.

“The leadership has agreed that there were certain things that they would do
before going to the next elections … whether they have concluded their
constitution or not … they now want to go for elections,” she said.

“We will continue on insisting on Zimbabweans to implement their own
political agreement to the letter and spirit … as and when we get an
opportunity we will continue urging the leadership of Zimbabwe to put the
plight and well-being of the people first.”

The MDC is reportedly against certain appointments President Robert Mugabe
has made in the public and diplomatic services without consulting key
members of the unity government.

This prompted President Jacob Zuma last week to send his mediation team led
by his political adviser Charles Nqakula to Zimbabwe to quell the rising
tension in the government.

However, it is reported that Mr Mugabe refused to meet with Mr Nqakula and
his team as they had apparently failed to secure an appointment prior to
their departure to Zimbabwe.

SA brokered a diplomatic solution in 2008 that saw Zanu (PF) and the MDC
form a government of national unity through a pact known as the Global
Political Agreement.

SA has also, through the Department of International Relations and
Co-operation, managed the African Renaissance Fund, which gave the
Zimbabwean government a grant of R300m in the 2008- 09 financial year. The
grant aimed to enhance food security and revive Zimbabwe’s waning
agriculture after its disastrous economic policy and land reform processes.

On a recent visit to SA two weeks ago, Botswana’s President Ian Khama joined
regional leaders in urging the international community to lift sanctions
against the Zanu (PF) leadership to allow for the government of national
unity to function.

langenil@bdfm.co.za

Is Nation Ready for Elections in 2011?

http://www.iss.co.za/

Judy Smith-Höhn

18 October 2010

Judy Smith-Höhn writes that the prerequisites needed for the staging of
credible, peaceful elections in 2011 in Zimbabwe have not been addressed,
particularly the security apparatus factor.

Over the past decade, elections have been a controversial business in
Zimbabwe. The question on many people's minds is whether Zimbabwe, nearly
two years after signing a Global Political Agreement (GPA) that ushered in a
power-sharing Interim Government (IG) in February 2009, is indeed ready for
another election in 2011. This question can be better answered by looking
back at the conditions prevalent during the previous elections, highlighting
the main causes for the violence and electoral irregularities that ensued in
these instances.

ZANU-PF institutes electoral authoritarianism

In 1999, in response to mounting popular discontent over the lack of
implementation of economic and political reforms, gross mismanagement,
excessive government expenditure and rising corruption, the Zimbabwe
Congress of Trade Unions (ZCTU) formed a political party - the now
well-known Movement for Democratic Change (MDC). This was also around the
time when the fast-track land-reform process became increasingly violent,
with President Mugabe encouraging the forcible acquisition of the mostly
whiteowned farms as a means of rewarding ZANU-PF supporters for their
loyalty, a move which further crippled the economy and led to chronic
shortages of basic commodities.

http://www.irinnews.org

Zimbabweans lining up to vote in 2008 elections.

In the 2000 parliamentary elections, Mugabe's ZANU-PF faced serious
competition for the first time since independence (ZANU-PF won 62 and MDC
won 57 out of the 120 contested seats). Later, elections in 2005 were marred
by gross manipulation and suppression of dissent, and the MDC split in
November 2005 after Tsvangirai overruled senior members who voted to
participate in upcoming senate elections. The split led to the formation of
two factions: the MDC-T led by Morgan Tsvangirai, and the MDC-M led by
Arthur Mutambara.

In March 2007, the Southern African Development Community (SADC) mandated
the then South African President Thabo Mbeki to mediate between the
government and the MDC. The goal was to pave the way to a new constitution
and to create the conditions for free and fair elections.

However, Mugabe proceeded unilaterally to declare 29 March 2008 as the date
for the next elections, although the MDC had wanted to postpone them until a
new constitution was adopted. Violence and intimidation of opposition
supporters was again expected in the run-up to the March 2008 parliamentary
and presidential elections. Some observers claimed that there was a skewed
playing field ahead of the elections due to pre-poll manipulation and the
accreditation of only friendly countries and institutions to observe the
polls.

Such reports notwithstanding, and for the first time since independence in
1980, ZANU-PF lost its majority in parliament to the opposition MDC.

The ZANU-PF led government, however, withheld the results of the
presidential elections for several weeks, raising suspicions that Tsvangirai
may have won an outright victory. After finally releasing the results - with
Tsvangirai winning 47.9% of the total votes compared to Mugabe's 43.2% - the
country was geared for a run-off on 27 June 2008. A few days prior to the
event, however, Tsvangirai announced his withdrawal from the race, citing
the increased violence against his supporters as cause for his decision.

Requirements for holding credible elections

Have the conditions that led to the violence of 2008 changed enough to
guarantee the holding of peaceful, credible elections in 2011? The answer is
a resounding no. While the realisation of a power-sharing agreement in
September 2008 saw an end to the international isolation of Zimbabwe, the
negotiations failed to address the fears and demands of hardliners and
potential spoilers on both sides of the political divide.

Most prominent in this regard is the failure to clarify the position of the
security apparatus, or offer any assurances, such as amnesty for offences
committed against the population, to secure the support of this set of
actors when the deal was struck.

Prior to the inauguration of the interim government, the Joint Operations
Command (JOC), chaired by the Minister of Security and comprising army
commanders, air force, intelligence service and prisons, served as the
central oversight body for all government operations and policies. Given the
pivotal role played by the JOC commanders in the past, securing the future
of this particular group of potential spoilers is essential for any
sustainable political transformation to take hold.

Nearly six months into the rule of the inclusive government and following
five failed attempts at scheduling its first meeting, the newly established
National Security Council (NSC) - headed by President Mugabe; with Prime
Minister Tsvangirai as a member - finally met in August 2009. However, it is
reported that the JOC, while officially dismantled under the GPA and
replaced by the NSC, still meets regularly and continues to maintain an
influence on developments in the political sphere, particularly with regards
to the implementation of the GPA and the associated difficulties in
resolving the well-known outstanding contentious issues.

Adversaries to improve relations

In conclusion, it should be noted that democratic procedures tend to
exacerbate existing tensions in an already divided society. Social and
political conflicts intensify with the launch of election campaigns as
opportunistic politicians exploit such tensions to pursue their own vested
interests. We have already witnessed this trend in the case of Zimbabwe.

An initial delay of elections could allow for an improvement of relations
between the adversaries before entering into this inherently conflictual
process. The South African transition in the early 1990s is a case in point.
By the time elections were held, the confidence-building efforts undertaken
during the negotiation process had begun to bear fruit. The parties had
begun to trust each other, political forces had collaborated with each
other - hence decreasing the likelihood of a contested election or, in the
case of South Africa, a hardening of the ethnic divide. In Zimbabwe,
conditions have not been established to render any electoral process to be
free of rigging, violence or intimidation.

However, one key challenge faced in Zimbabwe is the question of buy-in from
all stakeholders involved in the transitional process. And given the lack of
progress in fully implementing the GPA, the statement made by Robert Mugabe
at the signing of this historical document almost two years ago points to a
not-so-promising absence of political will for reform: "The opposition will
always want more than what it deserves. It will devise ways and means of
getting power."

Dr Judy Smith-Höhn is a senior researcher in the African Conflict Prevention
Programme of the Institute for Security Studies. This analysis appears in
the current issue of the-african.org, a bi-monthly publication of the
Institute for Security Studies / Institut d'Études de Sécurité in
Tshwane/Pretoria.

 

Question with boldness: News from Kubatana - 18October, 2010

Bill Watch 43/2010 - 16th October [Appointment of Governors -Constitutional or Not?]