Last Updated: 12:10 PM, April 11, 2010
Posted: 2:45 AM, April 11, 2010
EXCLUSIVE
A New Jersey congressman says he will demand a government inquiry into Mikhail Prokhorov, the Russian billionaire poised to buy the New Jersey Nets, for his extensive business dealings in Zimbabwe -- a bombshell that could blow up the $200 million team deal and threaten the future of Brooklyn's Atlantic Yards, The Post has learned.
Democratic Rep. Bill Pascrell Jr., a member of the powerful Ways and Means Committee, wants to know if companies controlled by Prokhorov in Zimbabwe violate federal rules that forbid American citizens and companies, and subsidiaries set up in the United States, from doing business with brutal strongman Robert Mugabe, his regime or associates.
"This is disgusting," Pascrell said. "Obviously, the Board of Governors of the NBA didn't do their job properly when they vetted this deal."
He said the project received tax-exempt bonds.
"It's being financed partly by the taxpayer, and the public has a right to know," he said.
Prokhorov's Renaissance Capital investment bank has interests in the Zimbabwean stock exchange, banks, a cellphone company, mining and a swanky, private big-game reserve. The company is intertwined with Onexim, the $25 billion Prokhorov-controlled investment fund behind the deal to bring the struggling NBA team to Brooklyn.
Pascrell said he will ask the Treasury Department, which oversees the sanctions, to investigate Onexim. In 2008, Onexim became a 50 percent owner of Renaissance Capital, which has been actively investing in Zimbabwe since 2007.
According to its Web site, Renaissance Capital has offices in Manhattan and was the financial sponsor of an economic forum in the Zimbabwean capital of Harare that provided foreign investors special access to government ministers in June 2009 -- which experts say is a violation of the sanctions.
In February, the company's Africa-based CEO, Andrew Lowe, participated in a business panel with a Zimbabwean official banned from entering the United States.
"Looks like sanctions-busting to me," said Usha Haley, an expert on US sanctions at the Economic Policy Institute.
She said companies find administrative loopholes, which include setting up a web of corporations, to get around the sanctions.
"It looks like this company is setting up administrative layers that are obfuscating the effects of the sanctions. It's done all the time," she said.
If the department steps in to block the Net deal, it could cause major problems for developer Bruce Ratner's Atlantic Yards development project.
The plan is already being held up by a handful of holdouts battling eminent-domain evictions from their Brooklyn homes and businesses. Two long-shot lawsuits remain in play -- one that argues some eviction notices were issued before the court gave the go-ahead to seize their property, and another that contends Ratner's plans so radically changed that the condemnation process must start all over again.
These delays have stalled the NBA's vote this coming Friday on Prokhorov's purchase of the Nets. Thursday, the league abruptly announced it was putting off the vote until the state of New York can take full possession of the arena site.
Prokhorov is seeking a majority stake in the Nets and a 45 percent stake in the Barclays Center arena, future home of the team and centerpiece of the Atlantic Yards plan.
The 44-year-old Russian would also become the first non-North American owner of an NBA team. When he came forward in September to buy the NBA's worst team, he was widely regarded as the savior for Ratner's long-delayed development dream.
Prokhorov's estimated worth is more than $13 billion. The 6-foot-8 bachelor is a former amateur basketball player who leads a lavish lifestyle.
NBA Commissioner David Stern recently told "60 Minutes" that Prokhorov passed a background check and "nobody has come up with any reason why he shouldn't be an NBA owner."
"Mr. Prokhorov went through a very extensive and stringent vetting process," a league spokesman told The Post yesterday. "The background and financial investigations have been completed, and there was nothing that was disclosed that would cause us not to move forward with his application for Nets ownership."
But a spokesman for Renaissance Capital in Moscow told The Post that the question of Prokhorov's dealings in Zimbabwe did not come up during the NBA security checks.
The United States slapped sanctions on Zimbabwe in 2003 in response to gross human-rights abuses and government-backed land grabs. Sanctions were strengthened by President George W. Bush in 2008.
The State Department's 2009 human-rights report, released last month, detailed state-sanctioned torture and politically motivated killings by government agents linked to Zanu-PF, Mugabe's party.
Statement by President JG Zuma on political conduct and social cohesion
http://blogs.timeslive.co.za
10 April
2010
Ladies and gentlemen of the media,
At the meeting of the ANC's
National Executive Committee last month, we
spoke out strongly about the
need for discipline among the members of the
organisation and more generally
for all to respect the rules of political
engagement.
As the
organisation's leadership we were drawing the line, and that there
would be
consequences for anyone who crossed that line.
Matters relating to the
conduct and statements of the ANC Youth League which
are totally alien to
the culture of the ANC have made it necessary for us to
emphasise a few
fundamental principles today.
This is an appropriate moment to do so,
particularly since it is the
anniversary of the brutal assassination of one
of the outstanding heroes of
our struggle, Comrade Chris Hani.
On this
anniversary, we recommit ourselves to uphold the values and
traditions to
which he and scores of the country's national heroes dedicated
their
lives.
We commit ourselves to continue working tirelessly to build a
non-racial,
non-sexist, united and democratic South Africa, founded on the
positive
values that are enshrined in the Constitution.
We urge all South
Africans to work with us in achieving these goals.
But ANC cadres must lead
in this process.
We also wish to underscore the following important
points:
FREEDOM OF THE MEDIA
The country's Constitution enshrines the
principle of freedom of the media.
An independent and free media is one of
the cornerstones of democracy.
It is an important barometer of the extent to
which the people are freely
able to express themselves.
While in a
democracy there will inevitably be times of contestation between
the media
and other sections of society, the fundamental principles should
be adhered
to at all times.
We must accord journalists the freedom to do their work
unhindered.
We should engage them professionally and with dignity.
Should
there be a need to take issue with anything that is being reported,
it
should be done in a manner that promotes frank and open engagement.
The
manner in which a BBC journalist was treated at an ANC Youth League
press
conference is regrettable and unacceptable, regardless of any alleged
provocation on his part.
RESPECT FOR THE LAW
We place a high premium
on order, stability and the rule of law in the
country.
That is why the
ruling party took the step this week of calling for
restraint from all its
structures and members.
Anyone who then goes against that statement is
undermining the leadership
authority of the ANC, and that cannot be
accepted.
When the ANC has made such a statement, it is totally out of order
for us to
continue as if such a statement was not made.
Certainly there
must be consequences for such behaviour.
We have done this because of the
need to respect a high court ruling
relating to a particular liberation
song.
We also recognise that this song, in the current environment, could be
misunderstood by those not familiar with the context and content of our
struggle.
In making this call, we do not intend in any way to diminish
the proud
history of struggle against apartheid.
We do recognise that we
have a responsibility to act in a way that reduces
the potential for
tension, and encourages unity.
Our Constitution enshrines the independence of
the judiciary and the rule of
law.
We must recognise the role of the
judiciary as the final arbiter in disputes
in society.
The dignity and
decorum of the institution must always be protected and
defended.
There
are procedures that one should follow to challenge court decisions.
Defiance
of these procedures should not be tolerated.
It would make mockery of our
judicial system.
It should be noted that to appeal a court decision is not to
defy it.
ZIMBABWE
South Africa is a respected member of the international
community.
The country has certain responsibilities and obligations in the
regional and
broader international spheres.
One of these is to facilitate
the implementation of the Global Peace
Agreement in Zimbabwe.
We
undertake this task with the necessary seriousness and sensitivity, and
have
to ensure impartiality at all times.
We will continue to facilitate the
resolution of the impasse in Zimbabwe and
to treat all parties with
respect.
We cannot and will not side with any one of the parties to the
exclusion of
others.
We received a report from the last round of talks
held last week.
We will work with the parties again to take the process
forward.
2010 WORLD CUP
The 21st of April will mark the 50 days until the
start of the 2010 FIFA
World Cup.
Initial research indicates that South
Africa is likely to receive 450 000
international fans between June 11
and
July 11.
South Africa remains ready to receive visitors from all walks
of life and
from all parts of the globe.
We are now putting final touches
to our plans on security, logistics,
hospitality, transport and
others.
We urge international soccer fans to continue buying tickets and to
prepare
themselves to enjoy South African hospitality and experience the
first
African World Cup ever.
SOCIAL COHESION AND UNITYRecent events
have raised concerns in some quarters
about social cohesion.
Some people
have spoken of heightened racial tension.
We should not be dismissive of such
concerns, and should be prepared to
engage in dialogue to address
them.
But we must acknowledge that South Africans remain united in their
support
for the Constitution, the values it enshrines, and the democratic
institutions it has established
South Africans are clearly committed to
work together to address the legacy
of our divided past.
Our history
tells us that there is no challenge we cannot overcome.
Among other things
this requires responsible leadership.
The ANC Youth League is not an
independent body.
It exists within the umbrella policy and discipline of the
ANC.
The organisation will deal with these matters internally as it deems
fit.
We reiterate that leaders should think before they speak, as their
utterances have wider implications for the country.
I thank you.
Malema defiant after Zuma’s rebuke
http://www.timeslive.co.za
Apr 11, 2010 7:34 PM | By
Sapa
Speaking at a press conference at the ANCYL’s Limpopo
conference, Malema
said he would not take any personal responsibility for
his remarks made on
Zimbabwe last week.
He said he “can’t understand”
why he was rebuked on his statements on
Zimbabwe, as the views expressed was
not his, but those of the ANCYL.
He also said he was shocked about the
way he was rebuked in public on
television by Zuma, the ANC and South
African President.
Zuma said at a news conference in Durban on Saturday
Malema’s conduct was
“alien to the ANC”.
Zuma rebuked Malema for his
insistence to sing the “shoot the boer” song,
his statements about the
killing of Eugene Terre’Blanche, leader of the far
right Afrikaanse
Weerstandsbeweging (AWB), and his intervention in the talks
on Zimbabwe, as
well as his attacks on journalists..
Malema this week interfered with the
Zimbabwe peace process, siding with
Robert Mugabe’s Zanu-PF and verbally
attacking the Zimbabwean opposition the
Movement of Democratic Change
(MDC).
The ANCYL conference was hotly contested on Sunday. Delegates who
were
forcibly removed from the conference vowed never to recognise newly
elected
chairman Frans Moswane, the SABC reported.
The delegates, who
supported Lehlogonolo Masonga in the elective conference,
said that the
election of Moswane was not democratic after they were removed
from the
conference by police.
They have accused ANCYL president Julius Malema of
orchestrating their
removal to ensure that his preferred candidates were
elected.
“He instructed police to take us out from the conference
yesterday. We are
going home because we are tired of the agendas of Malema,
“ one delegate
told the broadcaster.
“We are tired of the
dictatorship of Malema.” Another angry delegate was
quoted as saying: “We
wont recognise, we don’t recognise and we will never
recognise this new
leader”.
Moswane was elected the new chairman of the youth league in the
province.
He was due to make his first public address at the closing of
the conference
in Makhado.
ZIMBABWE: Lecturers strike while students face crackdown
http://www.universityworldnews.com
A special correspondent
11
April 2010
Issue: 0051
Lecturers at the National University of
Science and Technology, Zimbabwe's
main science university, have gone on
strike over unpaid allowances.
Meanwhile, the state has renewed its
crackdown on students resulting in
countrywide arrests, court appearances,
abductions, disciplinary hearings
and expulsions over demonstrations staged
on 29 March in protest against
continuing deterioration of higher education
standards.
The lecturers at the state-run NUST in Bulawayo, Zimbabwe's
second largest
city, went on strike after the authorities stopped paying
them transport and
food allowances amounting to US$180 per month, citing
financial constraints.
The industrial action began just days after
students embarked on nationwide
demonstrations on 29 March, the second
anniversary of elections that nearly
toppled the regime of autocratic
President Robert Mugabe following 29 years
of uninterrupted
rule.
Mugabe barely hung on to power after defeat by his main rival
Morgan
Tsvangirai, leader of the Movement for Democratic Change (MDC).
Tsvangirai
did not however gain more than the 50% of the vote required by
law to win
the presidency, forcing a run-off. Mugabe was later declared the
winner of
the second round of voting after the MDC leader pulled out of the
race
citing widespread murder and torture of his supporters.
The
electoral impasse ended only after South African-led mediation between
the
two warring sides resulted in the formation of an inclusive government
last
year, in which Mugabe remained as President while the MDC leader was
sworn
in as Prime Minister.
In the students' latest countrywide demonstrations,
held under the theme
'Igniting Students' Voices - My vote spoke 29 March
2008 elections', police
retaliated against the protesters with water
cannons, batons and even bare
fists.
Following the demonstrations, 30
students from Great Zimbabwe University
were summoned for disciplinary
hearings at the college for participating in
the protests.
At
Midlands State University in Gweru, student Obert Masaraure was suspended
for contravening section 3.1.4 of ordinance No 2 of 2009 by allegedly
engaging in conduct likely to be harmful to the interests of the
university.
A letter of suspension written to Masaraure by the
institution's
Vice-chancellor Professor Ngwabi Bhebhe, reads in part: "The
brief
allegations against you are that you are the ringleader of a group
which
calls itself the Orange Revolution...
"The group printed and
distributed to other students posters inciting them
to demonstrate against
what you called 'satanic fees, unpalatable plate of
Sadza and astronomical
rentals'. In my view your actions were calculated to
incite the students'
body to be violent."
In Harare, 10 students, including Joshua Chinyere,
President of the Zimbabwe
National Union Students (Zinasu), appeared at the
Harare Magistrates Court
and were remanded out of custody until 15 April
because of the
demonstrations.
There was also an abduction by
suspected state agents of student leader
Zivanai Muzorodzi, the Zinasu
Treasurer General, on 1 April. Muzorodzi was
severely assaulted and later
dumped at Lake Kyle after leading a student
demonstration on 29
March.
His abductors warned him against interfering in national politics
and
threatened him with death if they ever heard that he had organised more
programmes against Zanu-PF, Mugabe's political party.
Following the
crackdown on the students, Zinasu issued a statement saying it
"strongly
castigates the increase in the number of cases of student
victimisations by
the state apparatus. They are intimidating, harassing and
assaulting
dissenting voices in colleges with the aim of silencing them."
Zinasu
said it was compiling data on all cases of student victimisation
since the
beginning of the year and will present them to Tsvangirai at a
meeting
scheduled for this week.
The student body added that the brutality
inflicted on its members signified
the re-emergence of lawlessness in the
country, coinciding with a visit from
South Africa of Julius Malema, the
controversial president of the African
National Congress Youth League who
has been accused of fanning hatred in his
own country.
It described
Malema's visit as "unacceptable, inciteful and politically
misplaced".
Meanwhile, law students have clashed with Justice
Minister Patrick Chinamasa
after he told a parliamentary inquiry that
students who were graduating were
"half baked lawyers".
The Zimbabwe
Law Students Association dismissed the minister's assertions,
saying the law
faculty at the University of Zimbabwe had produced successive
teams between
2007 and 2009 that had won the annual International Moot
Competition
organised by the International Committee of the Red Cross in
Arusha,
Tanzania, beating 14 teams from various law schools across Africa
including
South Africa and Kenya.
The association added that Zimbabwean lawyers
worked for a number of
prestigious organisations such as the International
Criminal Court at The
Hague.
The students said the justice minister
was not aware of the situation on the
ground - and neither were some of the
country's leaders who opted to send
their children to study abroad to escape
run-down facilities at home, such
as Mugabe and Tsvangirai whose daughters
were studying at Hong Kong and
Australian universities.
"Since the
minister and other privileged people in our society educate their
children
in the US, the UK and other exotic places under the sun, he might
genuinely
be unaware of the dire straits the students at the faculty find
themselves
in," said the Zimbabwe Law Students Association.
"Lastly, we would like
to commend the law faculty staff for their sterling
contribution towards
quality legal education in the face of the most trying
of situations. We
find the honourable Minister's comments unhelpful, hurtful
and
disrespectful."
Zimbabwe Vigil Diary – 10th April 2010
Vigil supporters discussed plans to
mark
We intend that small groups of Vigil
supporters will at intervals carry tealights around the corner from the Zimbabwe
Embassy to the South African High Commission in
We hope the demonstration will be
joined by Lovemore Matombo – President of the Zimbabwe Congress of Trade
Unions, Irene Petras – Executive Director of Zimbabwe Lawyers for Human Rights,
and Gabriel Shumba – Executive Director of Zimbabwe Exiles Forum, who will be
attending a conference
‘Zimbabwe 30 years on: Rights, challenges and
opportunities’ in
London that day organised by Action for Southern Africa, the successor to the
Anti-Apartheid Movement.
One of our founders Ephraim Tapa
spoke at the Vigil and said the MDC had forgotten it had won the 2008 elections.
There was no freedom or justice in
Another founder member Patson Muzuwa
said attempts to deport Vigil supporter Charles Ndelemani on the grounds that he
entered the
Hundreds of oddly-dressed cyclists
rode past us along the
Other
points
·
At a
Vigil management team meeting before the Vigil the 2009 financial statement was
approved and we were briefed on the progress of ROHR in
·
Thanks to
Sue for bringing another batch of ‘Mugabe must go’ wristbands. She is such a
good customer (in fact the only one for these wristbands) that they gave her 40
for free.
·
It was
good to welcome back founder member Bonny now recovered from being kicked by a
cow. Bonny, who’s a farmer, was bitten by a pig the previous year. Thank goodness we don’t have lions here.
For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/.
For the latest ZimVigil TV programme check the link at the top of the home page
of our website. For earlier ZimVigil TV
programmes check: http://www.zbnnews.com/home/firingline.
FOR THE
RECORD: 177 signed the register.
EVENTS AND NOTICES:
·
Workshop on Transitional Outreach to
the Diaspora.
Thursday 15th April from 11 am – 4 pm. Venue: The Royal
·
‘Lights for Freedom’:
· ‘Zimbabwe 30 years on: Rights, challenges and opportunities.’ ACTSA
· ROHR
· ROHR South
·
·
Zimbabwe Association’s Women’s
Weekly Drop-in Centre. Fridays 10.30 am – 4 pm. Venue:
The Fire Station Community and ICT Centre,
·
Strategic Internship for Zimbabweans
organised by
Citizens for Sanctuary which is trying to secure work placements for qualified
Zimbabweans with refugee status or asylum seekers. For information: http://www.citizensforsanctuary.org.uk/pages/Strategic.html
or contact: zimbabweinternship@cof.org.uk.
Vigil
Co-ordinators
The
Vigil, outside the Zimbabwe Embassy, 429
Young Superheroes in a Hut
http://www.nytimes.com/
By NICHOLAS D. KRISTOF
Published: April
10, 2010
VICTORIA FALLS, Zimbabwe
Why is Africa
poor?
Is it a legacy of colonial exploitation? Tropical diseases and
parasites? Or
is it that local mammals, like the zebra and the African
elephant, were
difficult to domesticate and harness in
agriculture?
There's truth in each of these explanations. But a visit to
Zimbabwe
highlights perhaps the main reason: bad governance. The tyrannical,
incompetent and corrupt rule of Zimbabwe's president, Robert Mugabe, has
turned one of Africa's most advanced countries into a shambles.
In a
village less than a day's drive from Victoria Falls, I stumbled across
a hut
that to me captured the country's heartbreak - and also its resilience
and
hope. The only people living in the hut are five children, orphans from
two
families. The kids, ages 8 to 17, moved in together after their four
parents
died of AIDS and other causes.
The head of the household is the oldest
boy, Abel, a gangly 10th grader with
a perpetual grin. He has been in charge
since he was 15.
At one time, the two families reflected Zimbabwe's
relative prosperity. One
mother was a businesswoman who traveled abroad
regularly. A solar panel that
she brought back from Zambia lies in the
courtyard.
One of the fathers was a soccer coach who named his son Diego
Maradona.
Diego may have inherited some of his father's talent, but he has
no soccer
ball and no soccer shoes - indeed, no shoes at all. And here, as
in much of
Zimbabwe, a once-impressive system of schools and clinics has
pretty much
collapsed, along with tourism, agricultural production and the
economy
itself.
The household stirs to life each morning when Abel
rises at 4 and sets off
barefoot on a nine-mile hike to the nearest high
school. He has no watch or
clock, so he judges the time from the sun,
knowing that it will take three
hours to get to school.
Abel and the
other children have no money to pay school fees or buy
notebooks. But the
teachers allow them to attend class anyway, because they
are brilliant
students who earn top grades. They're a reminder that talent
is universal,
although opportunity is not.
After Abel leaves for school, responsibility
shifts to Diego Maradona, who
is 11. He wakes the three younger children,
feeds them cold cornmeal mush
left over from the previous night's dinner,
and walks with them to the
elementary school they all attend a few miles
away.
When Diego and the younger children return in the afternoon, they
gather
firewood, fetch water, tend the chickens and sometimes search for
edible
wild plants. Abel returns by about 7 p.m. and cooks more cornmeal
mush for
dinner. He dispenses orders and affection, nurses the younger ones
when they
are sick, comforts them when they miss their parents, spanks them
when they
are naughty, coaches them with their schoolwork, begs food from
neighbors,
fixes the thatch roof when it leaks, and rules the household with
tenderness
and efficiency.
Abel's goal is to graduate from high
school and become a policeman, because
the job will provide a steady salary
to support his siblings. He does not
know how he will come up with the
modest fees to take graduation exams.
I asked Abel what he dreams of. "A
bicycle," he said. Then he would be able
to get home from school more
quickly and manage the household better.
"Life was a lot better when I
was younger," he said, a bit wistfully. "From
what my parents used to tell
me, life was a lot better under white rule.
There was a lot more food and
clothes, and you could afford to buy things."
But Abel insisted that he was
optimistic that life would eventually get
better again.
Westerners
sometimes think that Africa's problem is a lack of initiative or
hard work.
Nobody could think that after talking to Abel and Diego
Maradona - or so
many other Zimbabweans who display a resilience and courage
that left me
inspired.
I found Zimbabwean superheroes like Abel often in my week of
surreptitious
reporting in Zimbabwe. (Mr. Mugabe subjects journalists to
imprisonment, so
it seemed best not to advertise my presence.) Parents
sacrifice meals to
keep their children in wretched schools (one teacher
showed me his two
textbooks for a class of 50). And a growing number of
Zimbabweans risk
crocodiles, drowning and violence to sneak into South
Africa in search of
work.
So Zimbabwe's tragedy isn't its people, but
its leader. Likewise, Africa's
failure has been, above all, one of
leadership. It is telling that Africa's
greatest success story, Botswana, is
adjacent to one of its greatest
failures, Zimbabwe. The difference is that
for decades Botswana has been
exceptionally well and honestly managed, and
Zimbabwe pillaged.
Zimbabwe and the Causes of African Poverty
http://kristof.blogs.nytimes.com/2010/04/10/zimbabwe-and-the-causes-of-african-poverty/
April
10, 2010, 10:05 pm
By NICHOLAS
KRISTOF
In my Sunday column, I cite Zimbabwe as evidence that Africa's
basic problem
has been bad governance. So here's your chance to weigh in on
the larger
question of why Africa has been left behind.
Clearly
colonialism - and the disastrous colonial borders left behind - have
been a
problem. Some people think colonialism is the central problem, and it's
certainly true that the lack of investment in human capital, the way roads
and railways were just built from the interior to the coasts, the way
certain ethnic groups were favored - all these left huge problems behind.
But then again look at those countries that were not colonized. Thailand
wasn't colonized, and it's no better off than Malaysia or Singapore next
door. Liberia wasn't formally colonized, although the immigration of former
American slaves and the Firestone plantations were reminiscent of
colonialism, and it's no better off than Ivory Coast or Sierra Leone next
door. Ethiopia was only lightly colonized, and it didn't obviously benefit
either from the limited colonial imprint. More broadly, Portugal barely
touched areas like the interior of Mozambique, and yet they are no better
off than French colonies that underwent a huge French imprint. Indeed,
French colonies arguably benefited from the strong legacy of a unifying
French language and the ties among Francophone Africa, not least the CFA
franc.
Another theory that I allude to is Jared Diamond's belief that
Africa (and
Australia) were harmed by the lack of large mammals that could
be
domesticated and then harnessed in agriculture. It certainly was a huge
advantage for Asia and Europe that a livestock culture arose there (along
with immunity to disease). But I think Diamond may overdo the intractability
of African mammals. Years ago when I read his book "Guns, Germs and Steel,"
I was impressed by his arguments about how zebras were untrainable - and
then a few days later took my son to the circus, where zebras performed
amazing tricks in the center ring. I've been skeptical ever since. And while
Asian elephants probably are more docile than African elephants, on this
trip I spoke to Zimbabwean elephant trainers who insisted that it is easier
to train African elephants than Indian elephants.
In any case, it is
clear that African countries can register enormous
economic growth when they
are well-governed. Botswana is a great example of
that. Sure, Botswana is
helped by its diamonds, but diamonds haven't done
anything for Congo. The
difference is that Botswana since independence has
had a series of wise,
honest rulers, and partly as a result no conflict.
What distinguishes the
fastest-growing economies in Africa, also including
Rwanda, is simply their
good governance. And what distinguishes the
worst-performing countries tends
to be a combination of bad governance and
(often related) incessant
conflict.
The silver lining is that good governance is as contagious as
bad
governance. As it becomes evident that African countries can grow
rapidly,
there is more pressure from within and from outside for more
transparent and
efficient rule. The time is waning for Robert Mugabe and the
other Big Men
of Africa. In more countries we're seeing the rise of smart,
honest and
efficient technocrats. (In Zimbabwe, Arthur Mutambara is an
example of one,
and he may well be a future leader of the country after
Mugabe is gone.)
East Asia went quite quickly from disaster area to a center
of global
economic dynamism, and it's not impossible that the same could
happen in
Africa if it gets the kind of leaders it deserves.
In any
case, this is a long aside from my Sunday column on Zimbabwe. Read
the
column and post your thoughts. Africans and people living in Africa
particularly welcome.
Bill Watch 16/2010 - 10th April [Zimbabwe Human Rights Commission]
BILL
WATCH 16/2010
Constitutional
Commissions
10th
April 2010
Zimbabwe
Human Rights Commission
The
Commission was sworn in by President Mugabe at State House on Wednesday 31st
March. It consists of a chairperson plus 8
members.
The
Members
Chairperson:
Professor Reg Austin: Lawyer, former Professor and Dean of the Faculty
of Law at the University of Zimbabwe and former head of Commonwealth
Secretariat’s Constitutional and Legal Affairs Division.
Deputy
Chairperson: Dr
Ellen Sithole: Lecturer, Law, University of Zimbabwe’
Other
Members:
Dr
Kwanele Jirira:
Lecturer, Institute of Development Studies, Agrarian and Labour Studies,
University of Zimbabwe.
Professor
Carroll Khombe:
Lecturer, Animal Science, National University of Science and Technology in
Bulawayo.
Joseph
Kurebwa:
Lecturer, Political Science, University of Zimbabwe.
Jacob
Mudenda:
Lawyer and businessman, member of ZANU-PF Politburo. Former Provincial Governor
for Matabeleland North, former ZANU PF Matabeleland North
chairman.
Elasto
Mugwadi:
Lawyer. Former Chief Immigration Officer in Ministry of Home
Affairs.
Dr
Japhet Ndebeni-Ncube:
Businessman. Former MDC Mayor of Bulawayo.
Nomathemba
Neseni:
Social worker. Executive Director, Institute of Water and Sanitation
Development.
Commission’s
Composition Not Constitutional
Under
section 100R(3) of the Constitution stipulates the number of members excluding
the chairperson as 8 of whom at least 4 must be women. But there were
only 3 women sworn in and 5 men. Presumably this was an oversight. [Is it
an indication that some of the members were not well known human rights
activists?] But, it means that the Commission is not properly constituted.
This defect will have to be put right as a matter of urgency, to ensure the
validity of acts performed by the Commission. Presumably one of the male
members will have to resign to allow for a fourth woman to be appointed.
What the
Constitution says about Qualifications and Method of
Appointment
All
members must be chosen for their “knowledge and experience in the promotion of
social justice or the protection of human rights and freedoms”. In addition the
chairperson must be someone who has for at least 5 years been qualified to
practise as a legal practitioner in Zimbabwe. The chairperson is appointed by
the President after consultation with both the Judicial Service Commission and
the Parliamentary Committee on Standing Rules and Orders. The 8 other members
are appointed by the President from a list of 16 nominees submitted by the
Parliamentary Committee on Standing Rules and Orders [Constitution, section
100R(1) and (3)]. [The Committee on Standing Rules and Orders submitted
its nominees to the President in October 2009. On 21st December it was
officially announced that the three principals had agreed on the 8 members and
chairperson and that the necessary consultations would take place on the
chairperson, who was not named in the statement.]
Background
to the Commission
The
Commission is set up under section 100R of the Constitution, which stems from
Constitution Amendment No. 19. The section states the qualifications for
members of the Commission and the procedure for their appointment, and the
functions and powers of the Commission. It also provides for additional powers
to be conferred on the Commission by Act of Parliament; as yet there is no such
Act. The Constitution had contained similar provision for a Human Rights
Commission since 2005, but no steps were ever taken to appoint its members or to
pass the necessary supporting Act of Parliament. So the new Commission starts
with a completely clean slate, unhampered by the sort of transitional problems
that may complicate matters for the Zimbabwe Media Commission and the Zimbabwe
Electoral Commission – and free to advise the Government on what should be
included in any Bill designed to supplement the constitutional provisions
[see below].
Ministerial
Responsibility for Commission
Responsibility
for the Commission currently lies with the Minister of Justice and Legal
Affairs. This is illogical, given that the President has assigned
responsibility for the Constitution, which enshrines human rights and under
which the Commission is appointed, to the Minister of Constitutional and
Parliamentary Affairs.
Functions
and Powers
Functions
[section 100R(5)]:
·
to
promote awareness of and respect for human rights and freedoms at all levels of
society
·
to
promote the development of human rights and freedoms
·
to
monitor and assess the observance of human rights in
Zimbabwe
·
to
recommend to Parliament effective measures to promote human rights and
freedoms
·
to
investigate the conduct of any authority or person, where it is alleged that any
of the rights in the Declaration of Rights has been violated by that authority
or person
·
to
assist the responsible Minister to prepare any report required to be submitted
to any regional or international body constituted or appointed for the purpose
of receiving such reports under any human rights convention, treaty or agreement
to which Zimbabwe is a party.
Powers
[section
100R(6) and (7)]:
·
to
require any person, body, organ, agency or institution to provide the Commission
annually with such information as it may need for the purpose of preparing and
submitting any report required to be submitted to any regional or international
body under any human rights convention, treaty or agreement
·
to take
over and continue any investigation that has been instituted by the Public
Protector, where it determines that the dominant question in issue involves a
matter pertinent to its own functions
·
refer to
the Public Protector for investigation any matter in respect of which it
determines that the dominant question in issue involves a matter pertinent to
the functions of Public Protector.
Additional
powers to be conferred by Act of Parliament
[section 100R(8)]:
·
to
conduct investigations on its own initiative or on receipt of
complaints;
·
to visit
and inspect prisons, places of detention, refugee camps etc. to ascertain the
conditions under which inmates are kept, and to make recommendations regarding
those conditions to the Minister responsible for those
places;
·
to visit
and inspect places where mentally disordered persons are detained to ascertain
the conditions under which those persons are kept, and to make recommendations
regarding those conditions to the Minister responsible for those places;
and
·
to
secure or provide redress for violations of human rights and for
injustice.
Funding
The
Estimates for 2010 provide no funding for the Commission. Presumably provision
will be made in the mid-year Supplementary Estimates.
Human
Rights Commission Act Needed Urgently
An Act
of Parliament is urgently needed to flesh out the very bare bones of the
Constitutional provisions. Apart from conferring the additional powers
envisaged by section 100R(6) and (7) of the Constitution, aspects that need to
be covered: are the legal capacity of the Commission, the conditions of service
of the members, the appointment and conditions of service of its staff,
financial and accounting procedures, power to compel the attendance of witnesses
and production of documents for the purpose of its investigations, and general
housekeeping matters.
When
opening Parliament on 6th October 2009 President Mugabe said a Human Rights
Commission Bill would be presented to Parliament for enactment during the
present session. No such Bill has been presented. The Bill is also mentioned
in the Government Work Plan for 2010 due to be launched shortly by the Prime
Minister. Any Bill cannot now be presented until at least mid-June, when the
Senate is due to resume.
It is to
be hoped that the Minister of Justice and Legal Affairs will carry out
wide-ranging public consultations before finalising the Bill. Civil society
organisations have already done research in this field which could assist in the
process. Such a Bill should among other provisions empower the Commission to
secure or provide appropriate redress for violations of human rights and for
injustice, as this provision is not included in its constitutional
powers.
The Bill
should also aim at ensuring that the Commission will comply with the Paris
Principles relating to the status of national institutions for the protection
and promotion of human rights, adopted by the UN General Assembly in 1993.
Compliance will enable the Commission to be accredited to take part in the
proceedings of the UN Human Rights Council. [Paris
Principles available on request]
A
Positive Development or a Delaying Mechanism?
There
are great expectations of this Commission – that it will contribute to reducing
the human rights abuses Zimbabwe is experiencing by promptly investigating and
securing redress for victims of human rights abuses – thereby rendering resort
to international bodies unnecessary. There is, however, also the fear that
getting it off the ground and its ability to work effectively could be delayed
by the same party political squabbling that has dogged other inclusive
government initiatives. In which case its existence as an extra domestic remedy
may delay the processes of seeking regional or international redress.
[International human rights bodies empowered to deal with complaints of human
rights violations by member States – e.g., African Commission on Human and
Peoples’ Rights, UN Human Rights Council and UN Human Rights Committee – do not
entertain complaints before “domestic remedies” have been exhausted, unless such
remedies would be “unreasonably prolonged”. The Zimbabwe government has in the
past used the “exhaustion of domestic remedies” rule to avoid dealing with the
merits of complaints against it before such bodies.]
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