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GNU Crisis Meeting Deadlocked

http://www.thezimbabweindependent.com/

Thursday, 16 April 2009 20:43
PRESIDENT Robert Mugabe and Prime Minister Morgan Tsvangirai, together
with the vice-presidents and deputy prime ministers, on Thursday held a
crisis meeting in Harare which failed to resolve outstanding issues of the
global political agreement.

Impeccable sources said the meeting was held to resolve a series of
issues fuelling divisions within the inclusive government.

The sources said Mugabe, Tsvangirai, vice-presidents Joseph Msika and
Joice Mujuru, and deputy prime ministers Thokozani Khupe and Arthur
Mutambara held an urgent meeting to deal with the issues which have created
tensions within the government.

Thursday's gathering followed a volatile cabinet meeting on Wednesday
where it became clear that outstanding issues could not be left unresolved
for long without risking internal paralysis.

The sources said the meeting dwelt on reports of farming disruptions
throughout the country which have resulted in Tsvangirai appointing a
ministerial team headed by Mutambara to probe the matter.

"The deliberations on outstanding issues were adjourned to Monday,"
one of the sources said.

The source said "all outstanding issues were considered but were not
comprehensively dealt with".

The meeting, the source said, brought to the fore the differences on
fundamental issues between Zanu PF and the MDC formations, especially on the
distribution of power.

The meeting - prompted by power struggles in the unity government and
a range of unresolved issues now deteriorating into open conflict - was a
litmus test for the coalition regime's ability to weather the gathering
storm.

Failure to resolve issues in dispute, analysts said, could leave the
unity government further weakened and divided, signalling the beginning of
an unravelling process which could eventually lead to collapse.

Information Communication Technology minister Nelson Chamisa is
reportedly on the verge of resigning over the seizure of the department of
telecommunications from his ministry.

The outcome of yesterday's meeting was expected to determine whether
or not Chamisa would quit, sources said. Leaders have however been anxious
to avoid this fallout which might destabilise the government and trigger
more unceremonious departures.

Chamisa is said to have indicated in his consultations with Tsvangirai
and Mutambara that he would go unless his ministry was left intact.

He was only prepared to compromise if his ministry was combined with
Transport and then co-chairing as in Home Affairs was introduced, sources
said.

Chamisa is also said to be prepared to stay if only the administration
of the Interception of Telecommunications Act was removed from his ministry,
leaving the original portfolio as it was.

The fight over the telecoms department is fuelled by Mugabe and his
allies' need to administer the Interception of Telecommunications Act which
enables government to intercept and record individual and corporate
communications.

Their desire to keep on spying on citizens mainly for self-serving
political agendas is said to be the driving force behind the fight for the
telecoms portfolio. It has been described as a snooper's charter.

Mugabe and his allies are claiming that telecoms is not part of
Chamisa's ministry. They say it should have gone to Information, Media and
Publicity.

Chamisa is saying this was not the original arrangement when the
ministries were gazetted last year.

The dispute around Information Communication Technology and telecoms
recently seized from his portfolio and transferred to Transport and
Infrastructure Development without mutual concurrence among parties in
government was said to have raised the problems in cabinet.

Sources said Chamisa recently wrote to Khupe when she was acting prime
minister in Tsvangirai's absence after the death of his wife Susan asking
her to resolve the issue of his ministry urgently.

They said Khupe then issued an internal government memo saying Chamisa's
ministry would remain intact and the matter was now closed.

Sources said this riled Mugabe who summoned  Khupe and Mutambara to an
urgent meeting where he declared he was unilaterally transferring the
telecoms department to Transport and Infrastructure which is headed by
former State Security minister Nicholas Goche.

Sources said this issue was top of the agenda for the meeting. Other
matters which were discussed included the unresolved issue of governors,
permanent secretaries and diplomats.

In terms of the political agreement which led to this inclusive
government, Mugabe can only make senior government appointments in
consultation and concurrence with the other leaders, Tsvangirai, Msika,
Mujuru, Khupe and Mutambara.

Sources said the leaders were also expected to tackle the contentious
and controversial dispute around the continued detention of MDC activists.

When he came into office in February Tsvangirai promised to secure his
supporters' release immediately but this has not happened.

The issue of deputy Agriculture minister Roy Bennett's controversial
arrest and release was also expected to come up in the context of Mugabe's
refusal to swear him in, sources said.

Sadc leaders in Swaziland last month said Bennett must be sworn-in,
but that has not yet been done either.

The leaders were further expected to confront the issue of political
and economic reforms focusing on the rule of law, human rights and
democratic deficits.

The continued land invasions had become a thorny issue and Tsvangirai
has also been tested over it after recently promising to crack down on
farm-grabbers.

Land invasions - a manifestation of continued lawlessness, and
prosecution of the few remaining white farmers - has of late been featuring
prominently in government discussions. Sadc urged government during the
summit  in Swaziland to deal with the problem.

The Joint Monitoring and Implementation Committee, which was mandated
to supervise implementation of the political agreement, has been receiving
many reports on land invasions and other violations of the accord.

BY DUMISANI MULEYA


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MDC-T MPs Defy Tsvangirai

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:44
PARLIAMENTARIANS from the MDC-T have rebelled against party leader
Morgan Tsvangirai's decree that they should not accept vehicles distributed
by Reserve Bank governor Gideon Gono.

Sources in the central bank and the MDC-T told the Zimbabwe
Independent that at least 25 MPs from the party have since received the
vehicles.

Among the MPs who received the vehicles are Marvellous Khumalo (St
Mary's), Amos Chibaya (Mkoba), Prince Matibe (Chegutu West), Jeffryson
Chitando (Masvingo Central) and Brian Tshuma (Hwange Central).

The defiance by the lawmakers, sources said, had triggered generalised
infighting between the MPs, the leadership and MDC-T civic supporters who
accuse the party of joining the Zanu PF gravy train.

Yesterday, the MDC-T in a statement said it did not have any report
that its MPs had collected vehicles from the central bank.

"If there is any that have done that (collected vehicles), then they
have acted against the party position. Their case will be brought before the
national executive and the national council and these party organs will take
a final decision on the matter," the statement said.

Tsvangirai last Thursday held an emergency meeting with MPs from his
party and ordered them not to accept the central bank vehicles. He warned
them of disciplinary action.

The day before, his deputy Thokozani Khupe had held an explosive
meeting with the legislators who rejected her order not to accept the
vehicles.

"Khupe last Wednesday told us that the party had reached a position on
the issue of cars and that none of their members were going to accept the
offer," one of the legislators said. "Some MPs openly complained and said
the decision was not fair and made it clear that they were prepared to break
away from the party."

This, the sources said, prompted Tsvangirai to call for an emergency
meeting where he read them the riot act.

"We were shocked when Tsvangirai said the party was going to stand by
its position on the issue of cars and threatened to expel anyone who
accepted the offer. Some MPs once again threatened to split from the party,"
another source said.

"The prime minister said he was going to call a national executive
meeting and inform it that some MPs wanted to break away from the party
because of the issue of cars as the party was going to stand by its
position."

During the same meeting, the sources said, Tsvangirai also barred the
lawmakers from attending a National Constitutional Assembly luncheon the
same day in retaliation for the NCA's decision to snub a stakeholders'
conference addressed by the prime minister last month.

Tshuma and three other lawmakers from the MDC attended the luncheon.

Last Thursday Gono held a meeting with MPs who further asked him to
offer them second-hand vehicles.
The central bank then decided to release the vehicles in batches.

The first batch had 50 vehicles - 18 Isuzu KB300s, five Isuzu KB250s,
10 Mazda 2500s, five Mazda BT50s, two Mitsubishi Colts, two Mitsubishi
L200s,  two Toyota Vigos, one Nissan HB and five Nissan Wolfs.

According to the MDC-T, the issue of MPs' vehicles should be handled
by parliament's Vehicle Loan Scheme.

"We have not heard that parliament is no longer handling this scheme
to the extent that the Reserve Bank of Zimbabwe could once again become a
central player in dishing out largesse when the government is now agreed
that the central bank should not engage in quasi-fiscal activities," the
party said.

"It is disturbing to note that the RBZ continues to abuse itself by
continuing to engage itself in quasi-fiscal operations when such operations
should migrate to the government through the Ministry of Finance. Engaging
in distribution of capital products is in itself a quasi-fiscal activity."

BY LUCIA MAKAMURE


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PF Zapu to Endorse Split from Zanu PF

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:40
THE revived PF Zapu will not have elections for a substantive
leadership when it convenes its special congress next month, the Zimbabwe
Independent learnt this week.

The party initially indicated that it would hold a congress where a
substantive leadership would be elected, but has now decided that the main
agenda of the congress is to endorse the decision to break away from Zanu
PF.

PF Zapu interim spokesperson, Smile Dube, confirmed that the congress
will not choose a new leadership but will officially adopt the pullout from
Zanu PF.

"The special congress will be held as from May 8 up to May 10 and the
special congress will essentially make official the pull-out from Zanu PF,"
Dube said. "It is a special congress because when PF Zapu joined Zanu PF
there was a special congress."

He said PF Zapu's revival would be in phases.

"The first phase will be to hold the special congress and endorse the
pull-out from Zanu PF and the next phase will be to write to Zanu PF to
inform them of the pullout, while the third stage will be to regain PF Zapu
properties and finally we will hold a congress to elect a substantive party
leadership," Dube said.

PF Zapu members have intensified efforts to recover properties that
were confiscated by the government in the early 1980s.

The properties, which were run by Nitram Holdings, include buildings
such as Magnet House, the regional headquarters of the Central Intelligence
Organisation, Davies Hall which houses Zanu PF regional offices, Castle Arms
Motel, and several companies and farms.

The properties were purchased through contributions by former Zipra
fighters from their 1980-demobilisation payouts.

After the unity accord in 1987, President Robert Mugabe refused to
hand back the PF Zapu properties seized in 1982 during the height of
Gukurahundi in Matabeleland and Midlands.

In 2004, Zanu PF claimed the properties had been returned to PF Zapu,
but this was denied by its former leaders who said the properties were in
the hands of third parties linked to the ruling party.

BY LOUGHTY DUBE


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Dande Holdings Boardroom Wrangle Intensifies

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:13
THE boardroom wrangle at Dande Capital Holdings (Dande) this week took
a new twist with chief executive officer Danisa Mhlanga writing to axed
chairman David Butau questioning his authority to convene an extraordinary
general meeting of shareholders on April 20.

In a letter dated April 14, Mhlanga wants the former Guruve North
lawmaker to provide share certificates to prove that together with other
"convening shareholders" of the meeting, they hold 55% equity in Dande.

Mhlanga also said Butau in his notice of the extraordinary general
meeting did not list the names of the other convening shareholders and their
equity in the firm.

The chief executive officer said this omission "accidental or not" was
unfortunate considering the importance of the meeting.

"We kindly request copies of the share certificates which substantiate
the conveners' purported shareholding of 55%," Mhlanga said in the letter.
"We request in advance the list of the convening shareholders and their
respective shareholding in the company, which you 'accidentally' omitted
from the text of your notice."

The boardroom wrangle at Dande erupted when High Court judge Justice
Lavender Makoni on February 4 granted an application by Mhlanga directors,
Evison Musanjeya, Wilfred Hlanguyo and Decent Chitsungo for Butau's ouster
from the company's board of directors for absenting himself from its
meetings in excess of six months without permission.

Butau's brother, Grey, was barred from interfering in the running of
the company.

The ruling also confirmed that Mhlanga, Musanjeya,  Hlanguyo and
Chitsungo were the legitimate directors of the company.

Butau fled Zimbabwe in December 2007 when police said they intended to
question him in connection with dealings in foreign currency on the black
market.

He only returned to the country last month to launch a legal fight to
regain control of Dande.

He is currently on bail on allegations of attempted fraud, fraud and
violation of the Exchange Control Act and Exchange Control Regulations.

In a notice convening the extraordinary general meeting, Butau said
the current board of Dande must be reconstituted by firing Mhlanga,
Musanjeya, Chitsungo and Hlanguyo.

A reconstituted board made up of Butau as chairman and Tapera Mavura
and George Chikupo would be appointed during the meeting, wrote the former
Guruve North MP.

Butau said he put up the notice on behalf of shareholders holding
55,2% of the issued share capital of the company.

He said the convening shareholders were of the view that there was
general plundering of company assets and an attempt to take over the
ownership of the firm by members of the board of directors in manner that
was inconsistent with their mandate. - Staff Writer.


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Public service ministry to audit civil service

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:13
THE Ministry of Public Service has embarked on a nationwide audit to
establish the actual number of civil servants and to fish out "ghost"
workers in a bid to control a ballooning wage bill.

The move to audit the civil service comes at a time when there are
reports that thousands of youths employed by Zanu PF countrywide were on
government's payroll.

Eliphas Mukonoweshuro, Public Service minister, confirmed the six-week
audit to determine the state of the public service.

"We are in the process of conducting a service-wide audit to establish
the number of civil servants in the public service because when the economy
was not performing, many civil servants left in a non-formal manner while a
few left formally," Mukonoweshuro told the Zimbabwe Independent this week.

"The audit will establish the strength of the civil service."

He said the results of the audit would be used to determine the wage
bill in the face of measures to revive the country's economy.

Mukonoweshuro said the audit would be completed in May and a report
would be forwarded to him and government in June.

"The audit will be completed by end of May and in June, we expect to
have a report that will reveal the actual number of civil servants we have
in the country. All this will be done to ensure that we have control of the
wage bill as we attempt to revive the economy," he said.

Turning to assertions that Zanu PF youths were on government payroll,
Mukonoweshuro said he had received reports to that effect and the audit
sought to expose ghost workers.

"The audit will address such issues," he said. "We have heard such
reports that Zanu PF militias are on the government payroll and as long as
there is no such evidence that cannot be official."

He added that the audit would also probe allegations of government
workers employed unprocedurally.

A fortnight ago, Youth Development, Indigenisation and Empowerment
minister Savious Kasukuwere was taken to task in parliament on reports that
Zanu PF graduates of the National Youth Programme were on the government
payroll.

In response, Kasukuwere denied that the youths were doing work for
Zanu PF but said they were on national duty and were paid from state
coffers.

His response, however, prompted legislators to call for an
investigation to establish how many Zanu PF youths were on the government
payroll.

It has also emerged that thousands of government workers who left the
country several years ago in search of greener pastures were still on the
government payroll.

BY LOUGHTY DUBE


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Police Promotion Exams Marred by Chaos

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:13
CHAOS marred Bulawayo police promotion examinations last Saturday
after examination papers were reportedly leaked leading to the arrest of 12
police officers.

The examinations are held annually and are used to promote officers to
higher positions. Bulawayo police spokesperson Inspector Mandlenkosi Moyo
could not be reached for comment, while national spokesperson Wayne
Bvudzijena said investigations into the leakage of the examination papers
were underway.

Constables who pass the tests are promoted to the rank of sergeant
while sergeants are lifted to the position of assistant inspector.
Constables wrote their promotion examinations on March 28 while the
sergeants wrote theirs on April 6.

Authoritative police sources told the Zimbabwe Independent that the
promotion tests were marred by chaos after police officers were found with
examination papers before the sitting date.

The sources said the question papers, printed at the Police General
Headquarters in Harare, were being sold for US$10 for 10 questions. The
whole test consists of 50 questions.

"Twelve police officers were arrested following the examination papers
leak and they are still being held at the Bulawayo Central Police Station,"
one of the sources said.

Despite the discovery of the leak, the sources added, the examinations
went ahead regardless.

"The examinations were not called off much to the anger of other
police officers who were forced to write under protest since they never had
access to the test papers and who have since launched a complaint to senior
police officers for a nullification of the results," another source said.

BY HENRY MHARA AND NQOBANI NDLOVU


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'Constitution-making Process People-driven'

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 15:44
ZIMBABWE civil society's argument for a "people-driven" constitution
making process is weak and instead they should play the role of a watchdog
to ensure that the procedure does not serve the interests of political
parties in the inclusive government, political analysts have said.

The constitution-making process went into motion at the weekend with
the selection of a 25-member parliamentary committee to steer the drafting
of the country's new supreme law in the next 18 months in terms of
provisions of the global political agreement (GPA).

President Robert Mugabe and the leaders of the two MDC formations,
Morgan Tsvangirai and Arthur Mutambara, signed the GPA last September that
led to the formation of an inclusive government on February 13.

The setting up of the committee saw the National Constitutional
Assembly (NCA) -- a grouping of civil organisations and political parties --
launching a campaign on Wednesday against the constitution-making process,
arguing that it was "parliamentary-driven, not people-driven".

The NCA said Zimbabweans should reject the process through
demonstrations throughout the country.
But political analysts said despite denials from the NCA, the
constitution-making process outlined in the GPA was people-driven.

According to the GPA, the constitutional committee will appoint
sub-committees composed of lawmakers and representatives of civil society,
but the committee will have a final say in the crafting of the draft
constitution.

It states that the committee should convene an "all-stakeholders"
conference within three months after its appointment.

The public consultation process, the pact reads, should be completed
no later than four months after the stakeholders' conference.

"The draft constitution shall be tabled within three months of
completion of the public consultation process to a second all-stakeholders
conference," reads the GPA.

"The draft constitution and the accompanying report shall be tabled
before parliament within one month of the second all-stakeholders
conference."

The draft and the accompanying report would then be debated and if
necessary amended in parliament within one month, before it is gazetted and
a referendum conducted within three months.

In the event that the draft is approved in the referendum, it shall be
gazetted within a month of the date of the plebiscite and should be
introduced in parliament not later than a month after the expiration of a
period of 30 days from the date of the gazetting.

This process, the political analysts argued, would be people-driven,
but the NCA, the Zimbabwe Congress of Trade Unions (ZCTU) and the Zimbabwe
National Students Union have said it is defective and would lead to a faulty
constitution.

NCA national chairperson Lovemore Madhuku said there was pretence in
the GPA that the process would be people-driven.

"They want to pretend that it is people-driven and will work with the
civic society at sub-committee level," Madhuku said. "Clearly, that is what
we can call parliament-driven process. Politicians must not decide for us
the making of a new constitution."

He said the committee announced by Speaker of the House of Assembly on
Sunday, Lovemeore Moyo, was not independent.

"The people in the committee are loyalists. Not every member of
parliament is credible and how can 25 members be chosen out of a parliament
with more than 300 people?" Madhuku asked. "Some of them are also in the
executive who will listen to the Kariba document which I like to call 'the
Biti and Chinamasa draft'. These guys are the ones who are pushing for this
document."

He added that the NCA would oppose the process under the theme "Take
Charge".

ZCTU president Lovemore Matombo recently denounced the process as
flawed.

"It is merely an act of consolidation of power taking us back to the
era of one-party states. Constitution-making processes are algebraic in
nature. If you don't get the formulae right, then you won't get the answer
right," he said.

But University of Zimbabwe political science lecturer Eldred
Masunungure said even in history there was nothing like a people-driven
constitutional process because someone had to spearhead it.

Masunungure said: "I don't understand what a people-driven
constitution is. Even if the NCA are to lead the constitution process, it
would be a civil society-driven constitution and not a people's constitution
in some quarters.

"There is no constitution that is ever mass-driven, it is always the
elite who have to lead. The critical issue will be the extent to which the
elite will be able to work with the mass genuinely."

He said even at the bottom class of the society it is always the elite
who will lead.

"Even in a people-driven revolution there is always someone who will
lead. The question that needs to be answered is who are the people, and the
nearest you can come to the people's voice is parliament unless you question
the authenticity of the MPs," Masunungure argued.

"The duty of the civil society now is to ensure that the process of
the new constitution should not end in parliament. It should play the role
of a watchdog to oversee that parliament goes back to the people who elected
them. It should be an eagle eye on what these parliamentarians are doing."

The professor said the GPA was clear that the constitutional committee
should work with the people.
"It is very erroneous for any critic to say the process should be on
any basis other than parliament. Let us not confuse people-driven with
mob-driven," Masunungure said. "The bottom line is that the process must be
all inclusive and involve anyone who wants to be involved."

He said the NCA's chances to campaign positively for the rejection of
the draft constitution at a referendum would be zero given that it would be
fighting a process with the support of two of the country's biggest
political parties -- Zanu PF and the MDC-Tsvangirai.

British-based Zimbabwean lawyer Alex Magaisa supported the NCA stance
and was adamant that a people-driven constitution must be created through
"active involvement and participation" of the public.

He said for the constitutional committee to be representative it
should have comprised people nominated by key stakeholders, among others,
parliament, civic society organisations and the business community.

"People must not only be involved in making it, it must be seen that
they are involved and they must feel that they are involved," Magaisa
argued.

"We know from experience that constitution-making cannot be left to
politicians alone, especially politicians who are trying to accommodate each
other within the structures of power.

There is a clear conflict of interest in that they already have the
power and they have very little incentives to curtail that power. You need
others who are not within the structures of power to balance the process."

BY WONGAI ZHANGAZHA


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Premier Fails to Account for Forex Transactions

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 19:43
CAMELSA, a firm of Chartered Accountants - which unearthed fraud which
could have cost Premier Finance Group the holding company of Premier Bank
Corporation (PBC) US$369 000 - said there was no evidence of a
reconciliation on the total foreign currency received as commission (5%) on
the Reserve Bank of Zimbabwe (RBZ) financing facility agreement.

Camelsa said reconciliation should be made on the 5% foreign currency
commission income from the Reserve Bank financing facility agreement to
ensure all commission due has been received.

The PBC was last year contracted by the Reserve Bank to mobilise
foreign currency from tobacco and cotton merchants on its behalf and to
receive a commission of 5%.

PBC mobilised and forwarded a cumulative amount of about US$ 5,2
million to the Reserve Bank under this scheme.

However, since the 5% foreign currency commission income was recorded
in the system in local currency there were no reconciliations of foreign
currency, actually received. Camelsa was unable to determine whether the
bank received its commission in full or not.

"In the absence of reconciliations, all we can tell with certainty is
the total foreign currency raised for the Reserve Bank and not whether the
commission recognised is consistent with that amount," Camelsa said.

"A reconciliation of the total commission received in foreign currency
terms could not be availed for audit verification," the audit said.

The audit said the risk created by this development could lead to;

l Failure by the bank to fully account for all commission due to it on
the Reserve Bank facility transactions;
l Financial loss due to fraud and errors going undetected;

l Failure to support claims with documentary evidence in the event of
disputes between the bank and the RBZ being referred for compulsory
arbitration and;

l A repeat of failure to recover commission as experienced in the
previous year on transactions of a similar nature.

The audit recommended that management should ensure that there were
reconciliations of foreign currency commission received and recognised by
the bank and the 5% commission due in terms of the facility agreement.

"The finance department should ensure reconciliations of the foreign
currency that should have been received by the bank are done from the time
this facility agreement was entered into," the auditors said.

The audit said there were inadequate follow-up procedures on
outstanding foreign currency receipts.
"There should be formal follow-up procedures to ensure that foreign
currency receipts owing by customers are fully accounted for," the audit
said.

"Our review of the issues raised in the June half-year audit revealed
minimal progress had been made towards recovering foreign currency due to
the bank from several clients," Camelsa said.

Representations from PBC's risk manager indicated significant amounts
of foreign currency were still outstanding.

The audit said the work subsequently performed by the internal audit
department refutes the notion of coupons having been received from Twinleigh
in lieu of foreign currency owing by them.

"There is no evidence that files have been opened on any of the cases
or that formal correspondence has been entered into between the bank and the
respective clients. The recoverability of these receipts is increasingly
doubtful as time passes," said the audit.

The audit said this created a risk of financial loss if the amounts
prove to be irrecoverable.

Camelsa said this could also result in penalties being imposed for
non-compliance with Reserve Bank directives and guidelines.

"Management should put in place sufficient follow-up procedures to
ensure the (PBC) bank gets full restitution when it is owed by clients.

"When the follow-up procedures fail to provide recourse, outstanding
cases should be handed over by the financial markets department to the legal
department for litigation," the audit said.

Businessdigest understands that follow up letters have since been sent
to clients to invoke settlement and the matter has also been handed over to
the legal department.

The audit said foreign currency loans were being advanced to clients
without due regard to their current operating environment.

The bank issued foreign currency loans to two companies, namely,
Turnall Holdings and Gutsai Stores.

"None of these companies repaid their loans on maturity. In the case
of Gutsai the full amount was subsequently paid.

Turnall still had not repaid the loan at the time of audit. The reason
given by Turnall Holdings in their letter requesting roll over dated January
16, was that "sales have not gone according to the plan due to the slowdown
in activities of the construction industry", the audit said.

BY PAUL NYAKAZEYA


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ZSE Orders Econet to Reconvene EGM

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 19:42
THE Zimbabwe Stock Exchange (ZSE) has recommended that Econet Wireless
reconvene an Extraordinary General Meeting (EGM) called by the company last
month to seek shareholder approval for a transaction to speed up its network
expansion.

Econet called the meeting to seek shareholder approval for a US$94
million credit from Econet Wireless Group to fund the next phase of its
expansion plans.

Old Mutual and other allied top shareholders opposed the move, and
have contested the published results which were in favour of the
transaction.

The dissenting shareholders approached the ZSE seeking a reversal of
the vote. In a letter to Econet this week, the ZSE committee said a way to
settle the dispute would be to reconvene the meeting.

It said: "The Zimbabwe Stock Exchange has received complaints from
certain shareholders that the manner in which the poll was conducted and the
scrutineering process were flawed and the ex post facto attempts to rectify
the process were defective.

"The Committee of the ZSE has deliberated on the issue and it is the
view that the irregularities surrounding the poll are so serious as to
vitiate the entire process."

Asked to comment yesterday Econet corporate communications manager
Ranga Mberi said: "Econet has given the ZSE our response on the matter and
we are therefore unable to comment further."

Old Mutual is questioning the actions of Econet regarding conduct of
the poll.

The controversy surrounding Econet Wireless' EGM last month is the
culmination of years of bitter corporate battle between two of the Zimbabwe
Stock Exchange's largest investors.

Old Mutual and Econet have been feuding for several years now. Last
year, their feud broke out into an ugly fight when Old Mutual tried in vain
to reverse the merger of Kingdom and Meikles.

The two giants are also known to be at opposing ends of the battle for
KMAL, with Old Mutual backing John Moxon and his associates. Econet is the
single largest shareholder in KMAL.

The long-running battle between these two corporate giants also
follows after Econet's decision to acquire, together with Renaissance, a
controlling stake in FML, Old Mutual's largest competitor in the life
business.

The EGM which started at 10 am turned into a marathon that lasted
until 7pm after Old Mutual and a group of foreign shareholders demanded a
secret poll based on the number of shares held by each member present.

The shareholders also raised conflict of interest issues relating to
chairman Tawanda Nyambirai's role in the transaction. Nyambirai will step
down at the next AGM.

With EWG and TSMI, who between them have more than 50%, unable to vote
because of conflict of interest provisions, Old Mutual had hoped that its
own shareholding of about 12%, and that of the other allied shareholders,
would be enough to vote down the deal.

After the poll had been conducted, the vote in favour of the
transaction was still much greater than that mustered by Old Mutual and its
supporters.

Controversy erupted after Nyambirai said Old Mutual was not eligible
to vote, because it had emerged that some of the institutions and investors
they claimed to represent as an asset manager had not given them authority
to vote on their behalf.

When shareholders and analysts arrived at the EGM they did not receive
the results of the EGM. It was only after the request of a poll by some
shareholders following a question and answer session that the complexion of
the EGM changed and the role of the auditors, Deloitte & Touche, became
relevant as scrutineers to the voting process.

Mainly because a poll is a democratic process provided for in the
Companies Act, the decision to hold the voting process by poll was passed by
shareholders at the meeting.

At the time the poll was called for, the auditors made it clear that
because they had not been forewarned that a poll would be conducted, they
needed time to prepare the serialised ballot papers for voting by
shareholders present at the EGM and time to verify names of shareholders and
shareholding held by shareholders as per the register from First Transfer
Secretaries.

For those shareholders who were not present, their proxy forms
previously submitted to the company secretary prior to the meeting would
stand in favour of the nominated proxies and still participate in the voting
process through their nominated proxies.

BY PAUL NYAKAZEYA


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A Market Thirsty for New Money

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 19:22
IT is now two months after trading resumed on the stock market and
activity still remains largely uninspiring.

The euphoria that characterised the final stages of trading in Zim
dollars is gone and is unlikely to come back as long as the greenback is the
transacting currency.

There are few US dollars in the country for basic needs let alone
investing. Most local investors are liquidating shares to cover daily
expenses.

New money is only coming into the market in dribs and drabs, contrary
to the earlier notion that foreign investors will flood the exchange with
dollars and rand.

To date, only US$5,8 million worth of shares have changed hands. Not
all that amount represents new money coming to the market.

A significant part came from Old Mutual switches whereby investors
sold their Old Mutual shares with the proceeds used in buying other shares.

Since fungibility had been suspended, until two weeks ago, the Old
Mutual shares were sold on the local market at much lower prices than on
other exchanges.

Investors, pressed to raise US dollars to meet daily running expenses,
ignored the glaring price disparities, selling the Old Mutual shares on the
Zimbabwe Stock Exchange for almost half the price on the Johannesburg
Securities Exchange.

After the announcement that fungibility had been restored, the share
price quickly adjusted to parity levels.

Coincidentally, the value of trades slowly improved after the Reserve
Bank allowed local shareholders to uplift their Old Mutual shares for sale
in offshore markets.

The actual movement of shares has not officially begun up to now
amidst reports that the transfer secretaries have not been told how the
process will work. Nonetheless, daily turnover has been improving gradually
from the initial amount of US$30.

The daily average turnover since the market dollarised is at US$153
885.

A record turnover of US$717 000 recorded on April 14 was buttressed by
a special bargain of 460 069 Econet shares that changed hands at US$1.

A number of brokers have confided that their buy orders are steadily
increasing while the selling pressure, although prevalent, has subsided.

While it is too early to be more optimistic about the events on the
market, the improvement in turnover if it persists, will undoubtedly inspire
confidence.

Under normal circumstances, the average annual turnover for the
Zimbabwe Stock Exchange is US$200m on a market capitalisation of US$2,5
billion.

This translates to about US$800 000 a day. Although the current daily
average is only US$154 000, it is important to note that it is mainly
because of very low values realised in the early days.

In recent days the market has been turning over about US$400 000 a day
while the market capitalisation has been gradually increasing from below
US$1.4 billion in February to the current US$1,9 billion.

This translates to an annualised turnover to market cap (liquidity)
ratio of almost 20% which is much higher than the 10% average during the
good old days.

Outside the Johannesburg Securities Exchange, all the other regional
bourses are synonymous with low liquidity with Zambia and Malawi going for
weeks without recording any trade.

The only exception and possibly a mirror of the ZSE is the Stock
Exchange of Mauritius with a nine-year average liquidity ratio of 6,5%.

Last year the turnover to market cap ratio was 10,48%. On the Lusaka
Stock exchange, only 3% of the market cap was traded in after improving from
0,66% and 1,55% in 2006 and 2007 correspondingly.

The Nairobi Stock Exchange which is regarded as the powerhouse in East
Africa is even worse at 0,27%.
The gradual increase in liquidity is coming at a time the market is
debating whether or not there are more than enough stockbroking firms in the
country.

There are about 21 stockbroking companies in the country.

Other regional markets, the size of Zimbabwe, have fewer than five
stockbrokers which is reasonable given the low liquidity ratios.

Unless the liquidity on the ZSE rises dramatically, a number of these
institutions are unlikely to survive until year-end.

The struggle for survival is not limited to them alone but cuts across
all the sectors of the economy. The stockbrokers can possibly argue that
whatever would sink them would also threaten the existence of many others in
the country.

No one is really safe.

BY KUMBIRAI MAKWEMBERE AND RANGA MAKWATA


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Hyperinflation Leaves Mortgage Loans Meaningless

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 19:18
CENTRAL African Building Society (CABS) mortgage loans during the
financial year ending December 31 2008 were nothing in real terms as sellers
sought foreign currency while the society could only lend in local currency.

In a statement accompanying its financial results CABS said there were
limited property developments funded by the building society due to
hyperinflation.

The period under review saw the increased use of foreign currency
which apart from property and the stock market was the safest form of
investment in the hyperinflationary environment.

"Mortgage lending was not meaningful in this period because of the
hyperinflation," said CABS chairman Leonard Tsumba. "Sellers sought for
foreign currency, while the society could only lend in local currency."

Those who qualified for the loans could not buy or build any property
as no one was willing to trade in local currency. The 'burning phenomenon'
which mushroomed last year also made the mortgages which were transferred
into individual accounts worthless.

CABS said the deterioration of the economic and operational climates
in which it operated reached unprecedented levels during the second half of
the period under review.

"This situation raised serious operational challenges for the society.
Dollarisation took effect and much business activity shifted to the informal
sector. Financial volatility and unpredictability characterised the market
place, making strategic and long-term planning nearly impossible," said
Tsumba.

The society however managed its liquidity position well over the
period under review in spite of the absence of short-term financial
instruments in the market and challenges posed by a volatile market.

CABS becomes the latest victim of the official dollarisation of the
economy which brought back to the spotlight the soundness of banks and their
role in the long drawn out economic crisis.

The country's biggest building society and mortgage lender in February
last week closed 37 branches around the country; 22 from Mashonaland, four
from Matabeleland, five in Midlands and six from Manicaland.
CABS head of retail banking Mike Finnigan said the closure of the
branches was due to the unfavourable economic environment.
"We will still be operating a contact centre at our head office for
any queries you may have," Finnigan said.
The closure of the 37 branches could slow down property developments
due to delays in mortgage processing as the country's economy is poised for
a turnaround.

"We hope that in the future we will be able to return to normal
business of providing you with full banking services," Finnigan said.

There has been a halt in the construction industry owing to the cash
squeeze that has hit companies and individuals alike. Building societies at
one time had frozen granting mortgage loans.

FBC Building Society and Beverley have started to offer mortgage
financing on a limited basis.

The economic slowdown and the shortage of foreign currency have
impacted on the construction of high-rise buildings and residential
properties.

The country's macro-economic conditions have had a negative bearing on
the soundness of banks faced with contraction in the economy and the
challenges of unrealistic exchange rates and interest rates.

Presenting his monetary policy statement of the year on February 2,
Reserve Bank Governor Gideon Gono said with the use of multiple currencies,
banks should come up with strategies that will ensure that they will not be
affected by any liquidity crisis to avoid curatorship.

BY PAUL NYAKAZEYA


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Metallon Set to Receive US$8,5m Injection

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 17:46
METALLON Gold Zimbabwe is set to receive a US$8,5 million injection
from local banks as it seeks to resume operations by the end of this month.

The country's largest gold mining producer has not been producing the
precious metal due to financial constraints caused by the Reserve Bank's
failure to pay for the gold sent to its subsidiary Fidelity Printers and
Refineries.

"We have been promised a total of US$8,5 million by some local banks.
Although inadequate it will go a long way in resolving our problem,"
Metallon Gold Zimbabwe group chief executive officer Collen Gura told
businessdigest.

Gura said although the banks currently did not have the funds to lend
to companies, negotiations for them to acquire funds from their offshore
partners were at an advanced stage. Gura said that they had engaged with
their suppliers to persuade them to open lines of credit as they resuscitate
operations.

"We have also approached some of our key suppliers and sensitised them
on the need for them to release goods to the group before they are paid
 for," he said.

"With the exception of a few, we are warmly surprised that they fully
understand our predicament and have agreed to give us their full support.
This move is expected to augment bank funding," Gura said.

He said that they were encouraged by these developments and aim to
reopen at least two of their mines by the end of the month.

Gura said the group led by their principals in South Africa, had for
some time been engaged in negotiations with off-shore financial institutions
for additional capital equipment funding.

Although it is said to have been a very slow process hampered by the
current world-wide economic recession, Metallon were confident that they
would eventually secure off-shore funding to resume full production.

"The current world wide economic recession has not spared
international financial institutions, instead they are the most affected.
Progress on this front has been painstakingly slow. We however remain
hopeful that this will yield the desired results," Gura said.

The success of this initiative, Gura said, is expected to revitalise
their operations, rebuild capacity to producing at their former levels as
well as restore employee morale. He said that although they needed US$10
million to kick start operations and re-equip all their mines, they could
start their two main mines Hull and Shamva with a budget of US$6 million.

Gura added that since the two mine constitute 66% of the group's
production and close to 95% of the group's cash flow, it would make economic
sense for them to start with these two mines and roll out the other three
later using their own cash.

Metallon Gold Zimbabwe produces nearly half of the country's gold and
operates five mines -- Hull, Shamva, Redwing, Arcturus and Mazowe mines.

BY KUDZAI KUWAZA


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RTGS, ATM Relaunch Heads for Brick wall

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 16:51
GOVERNMENT'S attempts to improve efficiency and restore confidence in
the banking sector by relaunching the Real Time Gross Settlement system and
Auto Teller Machines (ATM) could hit a brick wall as banks' deposits are
said to have declined by over 70% since last year.

Economists this week said banks could struggle to dispense cash from
ATMs as foreign currency was not circulating in the formal sector.

They also said banks' access to "clean notes" could be a challenge as
most notes in circulation were soiled and could jam the machines.

Kingdom Financial Holdings group economist, Witness Chinyama, told
businessdigest on Wednesday that banks would face operational challenges in
the short-term.

"The issue of old notes in circulation which has been a subject of
discussion this week would be addressed by banks themselves.  Some people
think old notes are not compatible with the machines," Chinyama said.

"It is my understanding that banks would have to order new notes from
their respective corresponding banks whether in New York or London to
address that issue," he said.

"Our Reserve Bank is now out of the equation. It cannot issue foreign
currency to local banks. Once they are deposited by clients, banks send old
notes to their respective corresponding banks in exchange for new notes,"
Chinyama said.

Zimbabwe has a number of commercial banks with foreign roots,
including Stanbic, Standard Chartered, African Banking Corporation, Barclays
and MBCA.

Chinyama said under the current arrangement, local banks now act as
mere branches of their parent foreign holders.

Premier Banking Corporation has become the first local financial
institution to enable its ATMs to dispense foreign currency.

The bank's clients can now access a minimum of US$1 and a maximum of
US$500 from ATMs located in Harare and Bulawayo.

Former Zimbabwe National Chamber of Commerce president, Luxon Zembe
said the Reserve Bank had to engage respective centrals banks to get new
notes.

"The challenge with the Reserve Bank is to engage the respective
central banks for local banks to get new notes," Zembe said.

Zembe said with the South African rand there would be no problems in
accessing new notes.

"Judging by the relationship that exists between the two countries
(Zimbabwe and South Africa) accessing the rand would not be much of a
problem. The volume of trade is high between the two countries. But with the
American dollar it might be difficult," said Zembe.

Zembe said it was important at this stage for the Reserve Bank to open
dialogue with the Fed.

Independent economist John Robertson said while the ATM system was
welcome the system was unsustainable.

"The amount of foreign currency in circulation, particularly US
dollars, cannot sustain the system for a long period. There is little money
in circulation or going to the banks as there are few deposits," he said.

Robertson said the available US dollars were being used by traders to
re-stock and import goods.

Economists however questioned the need for the RTGS system under a
multi-currency regime where transactions do not require huge volumes of
money.

The RTGS is usually effective in a hyperinflationary environment.

Minister of Finance Tendai Biti said the introduction of RTGS and ATMs
would only be using the US dollar.
"We are doing this in order to generate efficiency in the economy by
allowing our settlement system to use United States dollars," he said.

Restoration of the inter-bank transfer systems, which had become
dysfunctional because of the hyperinflationary environment that was
prevailing in the country, came as a result of an agreement that was reached
between the Finance ministry, Reserve Bank of Zimbabwe and the Bankers
Association of Zimbabwe.

The Finance minister said the move would also encourage the use of
plastic money, thereby partly addressing the problem of limited supplies of
foreign currency in the economy.

"We have to move towards the regime of plastic money and debit cards
and so the restoration of ZimSwitch is very critical," said Biti.

BY NQOBILE BHEBHE


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Mergers Could Give Zimnat Lion's Share

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 16:49
ZIMNAT Lion's appetite for mergers could stand out as the most viable
option to recapitalise the insurance company amid ongoing negotiations to
strengthen the balance sheet, businessdigest has gathered.

A cautionary statement issued last month by the Zimnat board advised
shareholders to keep their stocks close to their chest pending finalisation
of an anticipated deal that could have "material impact" to the company's
fortunes.

Despite keeping a tight lid on the nature of the ongoing negotiations,
analysts have predicted that this might be a capital injection option given
the prevailing economic conditions and the under-capitalisation of financial
institutions, including insurance companies.

"Shareholders are hereby advised that Zimnat Lion Insurance Company
Ltd has entered negotiations which may have material impact on the company
and therefore shareholders are therefore advised to exercise caution in
trading of their shares," said the company board.

For the past five years insurance companies had been making most of
their revenue from stock market investment instead of their core business of
underwriting.

Analysts contend that the revenue generated from the currently
lukewarm stock market might not be sufficient to recapitalise the listed
concern.

Zimnat Lion has a market capitalisation of at least US$2,2 million.

But an urgent need to focus on its core business would demand more
capital, which the local bourse might not generate.

Analysts have predicted that severe foreign currency shortages on the
domestic market would rule out possibilities of a rights issue.

Another option that Zimnat has would be a buyout of minority
shareholders by the cash rich parent company, TA Holdings, which has an
estimated 85% stake.

Again pursuing on this path could result in regulatory constraints
from Zimbabwe Stock Exchange.

Market analysts said TA Holdings was in violation of stock exchange
regulations restricting a majority shareholder from exceeding 70% of issued
shares. On the other hand, this deal could be a board decision that could
correct this anomaly.

Efforts to get comment from company secretary Anthony Makonese on the
progress of the negotiations were fruitless.

The anticipated deal follows 2005 negotiations between insurance giant
AIG and TA Holdings, which led to the subsequent merger between Zimnat Lion
and AIG Zimbabwe.

Before this merger, Zimnat Insurance Company had merged with Lion of
Zimbabwe. The resultant entity, Zimnat Lion Insurance Company was listed on
the ZSE in 2001 resulting in a relatively stronger balance sheet and
improved underwriting capacity.

BY BERNARD MPOFU


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New Constitution Calls for Inclusive Approach

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 20:12
THE work of the 25-member select committee on the controversial Kariba
draft constitution that was launched by Parliament last Sunday risks failure
principally if not only because the process is neither people-centred nor
people-driven.

Indeed, the Kariba constitution-making process now underway is worse
than all previous constitution-making processes, including those undertaken
by the Constitutional Commission in 1999 and the NCA in 2001, such that it
cannot be rationally explained or defended in the name of the people even by
its most reckless proponents.

There's no prize for guessing why this is so. While many Zimbabweans
would readily agree that it is great to have the tasty bream and tiger fish
along with the utility of electricity from wonderful Kariba, most would
certainly not accept, as the fundamental law of the land, a boat-driven
constitution drafted by three lawyers from Zanu PF and the two MDC
formations supervised by a big brother from south of the Limpopo.
It is therefore politicide that the penniless coalition government,
through Constitutional and Parliamentary Affairs minister Eric Matinenga, is
pressing ahead with the Kariba draft under a manifestly flawed
constitution-making process.

To understand this, there is a need to first appreciate what is
manifestly wrong with the Kariba process.

This is important because there are some weak minds in the government
who are beginning to believe their lie that the opposition to the Kariba
process is reflexively coming from the usual malcontents whose business is
just to oppose the government.

Apart from the fact that the coalition government has no money to fund
the Kariba process and is embarrassing the nation by begging from donors who
are reluctant to even provide food and medical assistance, the one thing
that is particularly wrong with this process is that for the first time
since Independence, we have a constitution-making agenda that starts with,
and is based on, a secret draft.

Indeed, the September 15, 2008 Interparty Political Agreement between
Zanu PF and the two MDC formations specifically refers to the Kariba draft,
which has never been made public, as the starting point of the new
constitution-making process.

This is why it is most fitting to describe the work of the
parliamentary select committee as the Kariba process.

Matinenga has been at pains to argue that the Kariba draft of the
three political parties in the coalition government and who dominate
parliament is "only a reference point" and that therefore starting with the
Kariba draft does not take away that people will remain free to support the
draft or to oppose it.

Unfortunately Matinenga and those who take his view miss the point
that supporting or opposing a done constitution-making deal is not freedom
at all.

Freedom in matters as fundamental as the first law of the land does
not come from the government but is God-given and is thus natural to every
human being.

The freedom that Zimbabweans need and deserve when it comes to the
making of their constitution, which is the fundamental law of their land, is
to make that constitution from point zero on the basis of their open-ended
but shared history, geography, culture, values, hopes and aspirations and
not on the basis of a draft produced by three self-indulgent political
parties with vested temporary interests that are by definition narrow and
possibly misplaced if not altogether wrong.

The Kariba process launched by parliament last Sunday is neither
people-centred nor people-driven, and is therefore manifestly flawed and
objectionable because it is based on a preconceived draft that it wishes to
use as a reference point for the public to support or oppose or even amend.

That is totally unacceptable.  In 1999 the government could have very
well given the Constitutional Commission a draft to use as a reference point
but that would have been absurd because the only reference point needed in
any democratic constitution-making process is the people, not a draft from
any self-appointed section of the society.

What this means is that the Kariba process is without doubt worse than
the 1999 process of the Constitutional Commission which was good enough to
start with an open-ended process that led to the production of a draft only
after and not before the fact.

The draft of the Constitutional Commission was rejected in the
referendum on grounds that it did not fully encompass the views that the
people gave to the Commission.

There was no argument that the Commission failed to fully gather the
views of the people. Against this background, it is difficult to understand
why the coalition government has chosen a flawed process that is worse than
our previous national experience through the Constitutional Commission.

The only way to purge this is for the coalition government to
categorically throw out the Kariba draft as of no use or relevance
whatsoever.

The process must start from scratch and not from a boat in Kariba. In
any event, nothing would be lost because the Kariba draft remains a secret
document that has been seen only by a select few in the three ruling
parties.

Minister Matinenga should perish the thought that he can get away with
a secret document smuggled in as a reference point for a democratic
constitution-making process.

Then there is the all-important question of whether or not parliament,
through a select committee, is the appropriate forum for making a new
democratic constitution.

The honest answer is no and there are numerous examples from the
civilised democratic world to support it.

Again, our history has lessons on this. In 1999 the national consensus
was that parliament, which then was dominated by Zanu PF with 147 members,
was not the appropriate forum to spearhead the making of a new democratic
constitution.

The government then argued in vain to have a process led by a select
committee of parliament.
The Constitutional Commission was set up as an improvement on an
inherently flawed parliamentary process.

The only way to remedy the inappropriateness of a parliamentary
process is to create an elected Constituent Assembly or to have a body
similar to but better than the 1999 Constitutional Commission whose
composition, method of work and draft were far better than the 25-member,
chairmanless, select committee that has been set up to push through an
inferior and still secret Kariba draft constitution that is dead in the
water.

*Jonathan Moyo is MP for Tsholotsho North.

BY JONATHAN MOYO


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Muzorewa and Nkomo's Prophesies 29 Years On

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 15:39
IN the aftermath of the signing of the Lancaster House Agreement on
December 21 1979 in London Bishop Abel Muzorewa is reported to have
predicted that if by "some terrible miracle" his party lost, "Zimbabwe would
be finished as far as freedom and democracy and economic development are
concerned".

A few months later, in March 1980, when the results of Zimbabwe's
first post-colonial election were announced, showing victory for Zanu PF,
the late Joshua Nkomo expressed his disappointment thus:  "You give them one
man one vote and look what they do with it."

One can easily tell that the veteran politician meant that the voters
had blundered in voting into power the winning party.

Ian Smith, the last colonial ruler of the country, in part refused for
a long time to hand over power to the black majority population on the
argument that doing so would plunge the country into ruin due to bad
governance.

Smith has been discredited on many fronts as a diehard racist, and
dwelling on his argument might diminish the weight of the Muzorewa and Nkomo
predictions.

African leaders in many other parts of the African continent have over
the years illustrated that even black people can govern well.

There still will be a lot to say, even without making reference to
Smith.  One question that would however remain relevant notwithstanding its
origin would be whether Zimbabwe prospered or plunged into dismal failure in
the post-Independence era.  The answer has nothing to do with race.

One could have argued at the time that the disparaging statements by
Muzorewa and Nkomo were made out of frustration, and by people who had a
bone to chew with Zanu PF.

Yet, looking at the mess that Zimbabwe finds herself in 29 years on,
it is easy to decipher the prophetic tone in the subject statements.

Fortunately for some and unfortunately for others, the miracle did
happen. Bishop Muzorewa lost the election. What followed is the subject of
his prophecy.

As for freedom, the story was not so bad for most parts of the country
in the early years of Independence.

In his first television address to the nation, the Prime Minister
Robert Mugabe said: "There is no intention on our part to use our majority
to victimise the minority.  We will ensure there is a place for everyone in
the country."

Even the emblem of the new government included freedom as a basic
tenet on the motto section:  "unity, freedom, work."  Yes, we do now enjoy
many freedoms that were hard to come by in the pre-Independence period.

Significantly, we can write critically in the opinion columns and for
most of the times get away without any trouble. Once in a while, scribes and
authors of opinion pieces do get into trouble, as was the case when
Professor Arthur Mutambara, now deputy prime minister, was dragged to court
along with the Standard newspaper over an opinion piece that he had written.

One of the freedoms often spoken about by local politicians is the
freedom to walk in First Street in Harare and to drink bottled beer, which
freedoms were largely absent in Salisbury for Africans.

The importance of such freedoms remains arguable, but the fact is that
they are "new" freedoms that were brought about by the struggle for
Independence, and they matter for a number of citizens.

Was Muzorewa wrong then in predicting the end of freedom?  Well,
notwithstanding the gains made, a lot remains unachieved in the field of
freedom.

There are hundreds of citizens who endured physical harm, starvation,
arrests and some even lost lives for belonging to the "wrong party" as
recently as 2008.

Twenty-nine years on, the majority of Zimbabweans still do not have
the freedom of choosing the television station they would like to watch, or
the radio station to tune in to, thanks to the monopolies that have been
maintained in the media sector over the three decades of post-colonial rule.

And as for democracy, the election reports about the last national
election in Zimbabwe speak for themselves. The report of the Zimbabwe
Electoral Commission on the June 2008 presidential election run-off is yet
to be made public, but the stories about citizens whose arms were chopped
off long-sleeve or short-sleeve style still haunt the memories of those
"with hearts".

The reason behind Morgan Tsvangirai's withdrawal from the run-off
election was in the main the violence that characterised the election
campaign leading to the so-called election.

The basis for political power for any democratic government should be
the unquestionable and clear mandate from the people governed, empowering
that governed to rule.

Under the current regime, the Government of National Unity (GNU) that
reigns, the exercise of political power is not derived from a democratic
process. Zimbabweans have not voted for governance through a compromise
arrangement.

Some of the political players holding the reins of power have created
conditions that have made the holding of free and fair elections impossible.

The 1980 elections were held under the spotlight of international
scrutiny, without limits as to who could, and who could not, monitor
elections.

Yet Zimbabwe's current electoral system has become so "African" it
could not be subjected to the scrutiny of certain international bodies.

Zimbabwe has become so "African" even international figures like Koffi
Annan, Jimmy Carter and Graca Machel are not welcome to carry out
humanitarian work in the country.

Whereas the founding prime minister of the independent nation declared
that there would be "a place for everyone in the country", today white
Zimbabweans and any other whites have no place on the farms.

One wonders about what the majority race, and the majority tribe have
done to the minorities.

Then the third aspect of Muzorewa's prophecy, the economy, is another
painful subject to discuss. On April 18 1980 the Zimbabwean dollar was at
par with the British pound, and twice as strong as the US dollar.  The South
African rand was outside the range of comparison.

Twenty-nine years later, just before Independence Day, the Sunday Mail
carried the headline: "Zim dollar shelved".

The lead story went on to state that: "The government has shelved
plans to re-introduce the Zimbabwe dollar for at least a year to allow the
use of multiple currencies to stabilise the local currency."

This means that the local currency that was so strong at Independence
has given up the ghost. The old bishop's prophecy has been fulfilled.

The reasons behind the fulfilment of Muzorewa's predictions make
another whole different discussion.  What we have done with the one man one
vote that we earned in 1980, with the Independence that was won after such a
bloody and gallant fight, is not something that we can quite be proud of as
a nation.

Not many nations in their right mind would follow Zimbabwe's example
of governance, economics or politics.

If I must make my own prediction today, I should say: "If by some
miracle the rulers of Zimbabwe were to restore the electoral practice of one
man one vote in the strict and sincere sense, Zimbabweans would be wiser and
restore the country to the place of pride that the nation once stood at on
April 18 1980."
Long live Zimbabwe!

*Chris Mhike is a lawyer practising in Harare.

BY CHRIS MHIKE


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Eric Bloch: Real Progress Despite Marked Contradictions

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 15:26
ZIMBABWE'S so-called inclusive government has not yet been in office
for even 100 days, and therefore some of the progress to transform Zimbabwe
and bring it to the glory long-awaited by a population which has suffered
for a prolonged time is both heartening and commendable.

That however cannot detract from the fact that progress constitutes
only the first very tentative steps along a lengthy recovery path, but there
is a very old and trite saying that "every journey begins with a single
 step".

Yet the inclusive government has already gone beyond that, taking many
necessary, albeit sometimes tentative, steps.

Some of those positive steps include:

*A constructive review, and modification, of the 2009 national budget.
Of especial significance was the declared determination to curb the state's
profligate spending which has been a fiscal characteristic for too long.
Minister Tendai Biti was very credibly outspoken that government must live
within its means, saying that government should only "eat that which it
gathers".

*Realistic recognition that the Zimbabwean dollar had become a
currency pariah, unacceptable to many. Instead of endless mouthings of the
past that Zimbabwe could not, and would not, surrender its "sovereignty",
practicality came to the fore.

The establishment of a multi-currency environment was legitimised by
the Minister of Finance, and by the Reserve Bank of Zimbabwe (RBZ), with the
Zimbabwean dollar being declared moribund or temporarily dead. To a major
extent this had been the prevailing reality for some months although, with a
limited number of exceptions, unlawfully so.

According legitimacy to the situation on the ground restored some
credibility to the operations of the economy, and was a major factor in the
elimination of many commodity scarcities, and the consequential pronounced
reduction in inflation.

*An awareness, previously oft denied, that a prerequisite of
Zimbabwean economic recovery was reconciliation with the international
community, and considerable funding support from that community.

That awareness resulted in a near total cessation of governmental
outpourings of vituperative, vitriolic attacks against the international
community and, instead, near pleadings for reconciliation and financial
support.

Although, as yet, such support has been relatively minimal (with the
exception of some considerable humanitarian aid), some aid has already been
forthcoming, including a little assistance in governmental payment of
educational and health care salaries.

Concurrently, there has been some significant progress in improving
the previously very constrained relationships with international bodies such
as the International Monetary Fund (IMF).

In contrast to the very negative annual evaluation reports of the IMF
in preceding years, the March 2009 evaluation mission issued a surprisingly
upbeat report (although it inevitably also voiced some concerns).

It stated that "a number of positive steps that are in line with
previous IMF recommendations have already been implemented, including price
liberalisation, the removal of foreign exchange surrender requirements and
most exchange restrictions on current account transactions, the imposition
of hard budget constraints on parastatal enterprises, and the elimination of
the Grain Marketing Board monopoly".

The mission also praised the new government's commitment to eliminate
central bank funding of operations, and stated "the credibility of the
government's commitment to fiscal discipline is reinforced by the adoption
of the multiple currency system".

*The discontinuance of all RBZ involvement in quasi-fiscal operations,
government belatedly assuming responsibility for that which should be
executed by it, instead of being imposed upon the RBZ.

That imposition, over the preceding almost five years devastated RBZ
credibility, hindered its pursuit of its core obligation, and severely
fuelled inflation.

*RBZ's extensive relaxation of exchange controls, its restoration of
Foreign Currency Accounts (FCAs) retention and management to the private
sector banking entities, concurrently with discontinuance of mandatory
foreign exchange surrenders, at specious exchange rates, which had severely
restricted exporter viability.

*Wide-ranging economic deregulation: first phases of decentralisation
and minimisation of state controls, including the immediate restoration to
urban local authorities of control and management of water procurement,
purification and distribution.

*Declared intents to vigorously contain corruption in both public and
private sectors.]

These are but a few of the extensive, positive changes and
declarations of intent initiated or voiced by the new inclusive government,
within a very short passage of time since it came into being.

However, despite these highly commendable developments, there have
also been a few very marked and disturbing, potentially damaging,
contradictions.

The inclusive government has stated very categorically that although
land reform is irreversible, nevertheless it would from now be implemented
effectively, equitably and constructively.

Prime Minister Morgan Tsvangirai has said emphatically that all land
redistribution must be in accordance with the law, and that farm invasions
must cease forthwith, any such invasions constituting acts of theft that
would be justly dealt with.

Nevertheless invasions continued, despite spurious governmental
denials (for evidence on the ground of such invasions is irrefutable), and
as yet, there have been no signs of preventive or punitive actions.

Concurrently, although without specific reference to, or authorisation
of farm invasions, President Mugabe impliedly or tacitly appeared to condone
them, with outspoken reiteration that the land reform is an absolute which
will not be reversed, and that all land, without exception, must vest in
Zimbabweans (and insinuating that such Zimbabweans must be black).

On the other hand, last week more than 20 white farmers in the
Midlands province received offer letters which would enable land allocations
to them.

If agriculture is to be restored to its former productive state, and
if investors are to feel assured of ongoing respect for property rights and,
therefore, of investment security, these contradictions must cease. Land
reform must be implemented without racialistic undertones, peacefully and
fairly, and with full recognition and respect for Bilateral Investment
Promotion and Protection Agreements.

Yet another contribution is that not only does government claim
determination to eliminate inflation, but also to motivate and facilitate
investment, but concurrently it radically raises various of its charges to
prohibitive levels (such as the excessive fees now payable to the Registrar
of Companies), and it fails to motivate its parastatals and local
authorities to charge fair and reasonable tariffs (reasonably aligned to
those prevailing elsewhere in the region).

The crossed and conflicting messages of these, and other statements
and actions are major retardants to a comprehensive and expeditious economic
recovery, and need to be very speedily, effectively and constructively
addressed by government.

BY ERIC BLOCH


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Comment: NCA's 'People-driven' Mantra Ringing Hollow

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 17:15
ZIMBABWE is at a crossroads. Nowhere is this crisis of nationhood more
evident than in the current debate on how to come up with a new
constitution.

There is already conflict between politicians and civic society groups
over the process. Parliament has set up a select committee to spearhead the
process.

Civic society, led by the National Constitutional Assembly, is not
happy about the role allocated to it and says the process is not
representative of the people.

Speaker of Parliament Lovemore Moyo said the process was sufficiently
representative as parliamentarians represent the people.

This is the view of Constitutional and Parliamentary Affairs minister
Eric Matinenga of the MDC-T. Both major political parties, Zanu PF and the
MDC-T, have an equal number on the select committee.

Civic society wants an independent chairperson of the select
committee, the appointment of civil society and/or independent individuals
to be chairpersons of sub-committees, and an independent person to chair the
all-stakeholders' conference.

The NCA in particular, as represented by its chairman Lovemore
Madhuku, says: "We have demanded that the process should be people-driven."

His organisation has already taken a position, an unhealthy one in our
opinion at this early stage of the process:  "We are campaigning for a no
vote," Madhuku is quoted as telling the media.

"We will repeat what happened in 1999. We are saying no to a defective
constitution that is born out of a defective process altogether."

We have no problem with the NCA and civic society organisations
exercising their watchdog role in the constitution-making process.

Nor do we think that they are wrong in demanding a direct role for
themselves in the process. That is what democracy all is about.

But in challenging the "representativeness" of the select committee,
we feel the NCA and its civic society partners have overstepped their
mandate. At the very least they are questioning the legitimacy of
parliament.

Zimbabwe is a parliamentary democracy, whatever its faults. That means
members of parliament represent the people, unless it can be demonstrated
that those members on the select committee were improperly selected. Thus we
don't see what the objection is there.

The overrated concept of "people-driven" is beginning to ring hollow.

It seeks to take us back to the classic, primitive definition of
democracy in which all men must come together under a tree and vote for a
new constitution.

This is impossible if that is what Madhuku & Co are calling for. It is
a gigantic deception. If the people are not represented by their elected
members of parliament, then how does Madhuku propose to represent them?

We would hate to assume that the NCA has grown so arrogant to believe
that it alone represents the people.

Beyond that, it is another deception for the NCA and its partners to
talk about the constitution as if Zimbabweans were trying to reinvent the
wheel in which all the technical and engineering skills are vested in the
NCA.

There is nothing "new" about any constitution in the 21st Century.

At the end of the day, it is a patchwork of what already exists except
that in this case, the NCA objects to anything done by Patrick Chinamasa and
Tendai Biti.

In this connection, what worries us more is the content of the NCA's
"no" campaign. Since they have already adopted a position before there is a
draft, what are they going to tell "the people"?

The NCA is telling us that it is going to repeat the lie of 1999 about
the current constitution if it doesn't get a seat on the high table as the
arbiter of choice.

What is an "independent" chairperson to whom there will be no
objection in Zimbabwe? Certainly not the NCA which vacillates between
neutrality and an opposition party without a constituency.

If the NCA had been able to define and maintain its neutral role, its
protestations about a new constitution would easily command authority.

It lost that moral high ground a long time back and is now no more
than a sore loser in the political game.
We have been through this debate before.

Madhuku and partners will not have forgotten "the Zimbabwe we want"
document. He is reviving exactly the same tired arguments where the
objection is to the "who" and not "what". Who drafted the constitution and
not what its contents are.

Zimbabwe is in this mess in part because those who should provide
leadership are failing. The "new" constitution should encapsulate the
Zimbabwe we want, not what Madhuku and Co want.

With the formation of the GNU there is a vacancy for an opposition
political party. Perhaps the NCA can seize the moment and tell us what they
envisage.

They can then gauge their prospects. It's 10 years since the MDC did
it.

Now it could be their turn.


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Candid Comment: Why do Zimbabweans Keep Repeating Same Mistakes?

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 17:14
ZIMBABWEANS and outside observers are constantly amazed by how often
history repeats itself in Zimbabwe.

Many of the events that we recently witnessed, for example after the
March 2008 elections, during and after the presidential re-run in June 2008,
are a repetition of history.

Didn't the same thing happen during each election since Independence?
Didn't the same thing happen under Gukurahundi?

Another repetition under Murambatsvina?

Didn't the same thing happen in the Rhodesian days?  Those of us who
lived under Rhodesia, ie half the population of Zimbabwe today, will
remember exactly the same things happening in the 1960s and 1970s:  African
nationalists were captured, tortured, killed.

Their families were pauperised, harassed and destroyed.

It will be a tragedy if we continue to repeat this sad history in the
future.

It is essential that we analyse and interrogate our propensity to
repeat our tragic history so self-righteously, in the process destroying
many of the good things we also managed to build up since Independence.

Our glorious achievements in the first decade and a half after
Independence, such as education, health, clean water supply, good roads,
have been reversed in the last decade.

During that decade we concentrated on destroying each other.  We
totally forgot that it was our responsibility to build the nation.  Instead
we were intent on self-destruction.

The main reason for this repetition of tragedy is our failure to
address our inheritance:  we accepted what we gained from the Rhodesians
uncritically, resulting in the preservation of many of the institutions,
laws and regulations which characterised the colonial system.

Our mantra was:  "What Ian Smith did, we can do too." Indeed in some
ways we did "better" - we refined the systems of violence, torture and
pauperisation.

Our analysis also was a repetition of the past:  we blamed all our
failures on Bush, Blair and Brown.  This is the only analysis we have:  all
our problems are caused by outsiders, imperialists, and their agents.  It is
as if we had and have no responsibilities.

What did we do about it?  We condemned them, and killed their "agents",
identified as anybody or any grouping that dared to criticise what was
happening in Zimbabwe.

Clearly we have had a very irresponsible form of governance, where
those responsible for governance repeated the past unhesitatingly, whilst
taking no responsibility for what they created or neglected.

We must move away from the analysis which blames personalities for all
our problems:  these problems were there before Independence, and they are
still here.

They will continue to be here in the future.   Whatever personalities
gain power in the future, they will have to overcome these problems rather
than blaming each other, killing each other.

All this violence and killings have not brought Zimbabwe any
solutions.  Instead Zimbabwe has been plunged into an abyss.

We need to transform the way we do things.  The unity agreement
between Zanu PF and the two MDCs presents Zimbabwe with a wonderful
opportunity to review our colonial past, its values, principles, structures
and institutions.

We should stop repeating the same mistakes.  We should move forward.
We should only preserve those parts of the colonial past which are good, and
we should now discard the bad things which caused us so much suffering
before Independence, and have continued to cause us so much suffering after
Independence.

Zimbabwe's political problems have both historical and contemporary
roots.  Historically, the political framework, analysis and values were
inherited from the colonial political values and systems.

Into this potent mixture we added the political values and systems of
the liberation struggle. The liberation movements aspired to a nationalist,
socialist future.

Most nationalist leaders envisaged a takeover of the country's
institutions by the black majority, without a major systems change.   In
general it can be said that whilst the rhetoric was very radical, the
reality was that the colonial system remained intact.

Zimbabwe was praised by all for the peaceful transition which enabled
the colonial system to remain intact.

But it is this very same "peaceful transition" that has created the
problems we face today.

The contemporary roots comprise changes which have taken place
worldwide and in Zimbabwe itself, affecting the political scene profoundly.

These include the strengthening of regional groupings, in the case of
Zimbabwe, with particular emphasis on Sadc; the development of a more global
economy and culture as a result of the improvement in the means of
communication and the development of better information technologies such as
television, video, DVDs, internet, etc; and the greater emphasis on human
rights.

The increase in the population from 7˝ million to 14 million meant
that young people, most of whom had no experience of the liberation
struggle, were soon to become the majority.

Many of these young people had little appreciation of the colonial
traumas suffered by their parents and grandparents.

However, since the economy failed to double, it meant that most of
these young people would not be able to find employment.

With the higher level of education came a more critical approach
towards decision makers:  the young tended to question decisions being made
by their authoritarian elders.

In particular they were highly critical of the fact that they were
left without prospects of employment after receiving a good education.

Thus the higher educational levels brought about a generation that was
much more critical of the post-Independence government.

lFay Chung was based in Mozambique during the liberation war and later
became Minister of Education.

BY FAY CHUNG


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Editor's Memo: Truth Commission Key to National Healing

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 17:08
THE inclusive government's Organ on National Healing and
Reconciliation chaired by Minister John Nkomo commenced its work last week
with its main mandate having been clearly spelt out in last September's
global political agreement (GPA).

Under the GPA the parties to the unity government agreed to promote
equality, national healing, cohesion and unity and this would be done
through, among other things, "the setting up of a mechanism to properly
advise on what measures might be necessary and practicable" to achieve the
intended goals "in respect of victims of pre- and post-Independence
political conflicts".

This resulted in the inception of the Organ on National Healing and
Reconciliation -- a tripartite platform with representatives at ministerial
level drawn from the three political parties in the inclusive government.
Nkomo and his organ's main challenge is to deal with the level of impunity
the country tolerated after Independence if genuine national healing and
reconciliation is to be achieved.

Numerous media reports since the formation of the inclusive government
on February 13 claimed that Zanu PF hardliners and generals who were in
charge of President Robert Mugabe's bloody June 27 2008 presidential run-off
campaign were angling for amnesty for their evil deeds.

Like perpetrators of atrocities in the Midlands and Matabeleland in
the early 1980s, the hardliners, the media reports suggested, wanted a
blanket amnesty -- no truth revealed, no questions asked!

But if Zimbabwe is to have national healing and reconciliation the
truth must come out and this can only be achieved through a process
underpinned by the establishment of a Truth and Reconciliation Commission
(TRC).

It must be a multi-stakeholder- driven approach with an independent
panel to ensure impartiality and public confidence.

The first step in national healing is the establishment of the truth
through a TRC, followed by justice discharged by an independent tribunal
consistent with the constitution of the country.

Amnesty should be considered as an incentive to revelation of the
truth. In some areas there would be need for restorative justice where
damages (quantifiable) have been inflicted.

In other cases, you may need retributive justice to discourage other
people from engaging in similar activities.

The basic thing is that a victim wants to identify who committed the
wrongs; the victim also wants to know that the person admits and accepts
that what they did was wrong.

Then, of course there are issues about what to do with the perpetrator
of the wrongs. Some victims will be keen to ensure that the person is
punished which can be desirable because it deters others from doing the same
things in future. Others may want to be compensated for loss of life or
limb.

Retributive and restorative justices have their merits and demerits
and there has to be proper consideration with a view to moving the country
forward amidst the specific circumstances that the nation finds itself in.

The state should belong to citizens and should not be used to oppress
and undermine the rights of citizens.

Where it is established that the state has erred then it is important
that the state makes good on the injury caused.

Nothing can ever change the past and, therefore, it is important to
adopt a positive attitude to progress. The three parties to the unity
government should be hailed for agreeing that the national healing and
reconciliation process should deal with pre- and post-Independence
conflicts.

The Matabeleland atrocities -- which claimed over 20 000 lives --
should be revisited because memory is a critical factor in national healing.

You cannot sweep things under the carpet. People will never forget and
because of that they will always feel the pain unless their problem has been
given adequate attention.

The Matabeleland atrocities are a sore point in the national memory
and things can never be properly settled until that deep wound is healed.

But having said that, some will suggest Nkomo's organ should go back
and deal with other outstanding issues -- like the many atrocities committed
by all sides during the liberation struggle.

They will argue you have to consider the wrongs committed against
various groups of people during the colonial era because, as we have seen
with the land issue, this memory continues to spur others in the direction
of recovery but when mixed with politics it becomes injurious to otherwise
innocent souls.

In a paper titled "Justice and peace in Zimbabwe --transitional
justice options" published last year by the Institute for Security Studies,
international lawyers Max du Plessis and Jolyon Ford argued that if a TRC is
established in Zimbabwe, the commission ought to be given power to grant
conditional amnesty from prosecution according to fixed criteria, albeit
avoiding blanket amnesties and not precluding criminal prosecutions.

The two authors said the commission would need to confront the
difficult political and legal issues of the past amnesties and pardons given
at various periods in post-Independence Zimbabwe.

"Amnesty from prosecution is often, as in South Africa's TRC, the main
incentive for revealing the truth," the document read.

"It is a legitimate option in transitional societies and may be a
political necessity. Considered waiver of punishment can also be a powerful
signal of the authority of a new dispensation."

However, amnesty in my view, should be limited to individuals who make
full disclosure of their wrong-doings, show visible remorse that serves the
interests of people affected, such as community service, reparation, a
public apology, or other signs of contrition.

BY CONSTANTINE CHIMAKURE


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Muckraker: Farm Invasions Render Sadc Mission Futile

http://www.thezimbabweindependent.com/


Thursday, 16 April 2009 16:55
'THE farm disturbances and the wanton arrests of farmers are not only
a threat to food security but to the goodwill that the international
community had started to extend to the inclusive government."

That statement by the MDC-T reflects the views of all those who wish
the unity government well but who remain concerned that the rogue elements
leading the land occupations represent all that is delinquent and
unacceptable in the old order.

Western diplomats say Zimbabwe will get no help from them while
President Mugabe continues to dispossess productive commercial farmers who
could be the anchor to turn around Zimbabwe's failed farming industry - when
half the population is getting Western food aid.

It is ridiculous to say the occupations are legal because the
perpetrators carry offer letters from people like Didymus Mutasa or because
the land in question is state land.

What matters is that the occupations are racist and violent. Farm
workers who have bravely resisted the attacks on the farms have been
brutally assaulted by Zanu PF thugs.

While the MDC-T's statement is welcome as an expression of the danger
the country faces in tolerating such lawlessness, the party in government
has not gone far enough to restore the rule of law.

As our editor pointed out last week, Giles Mutsekwa has spent too much
time propitiating his Zanu PF colleague at the Home Affairs ministry than
ensuring people are not deprived of their right to liberty.

It is not sufficient to say his ministry condemns the use of torture.
Those responsible must be prosecuted and farmers, whose only offence is to
have produced food for the nation, should be released.

Those invading farms may indeed be in possession of a piece of paper,
many of dubious provenance, but their victims should not be denied the right
of redress through the courts.

Arthur Mutambara, who has said some useful things about the country's
image recently, has at the same time become part of the problem with his "no
going back" remarks.

Land reform may indeed be irreversible. But does that mean the tiny
handful of white farmers remaining on the land should be chased off by
well-connected predators who are employing gangs of thugs? Why doesn't
Mutambara use his voice to defend the rights of all to land?

Mutambara is among those demanding that the West lift sanctions. Yet
he is sensible enough to know there is little prospect of that happening so
long as violence and lawlessness persist.

Has he made that clear to his colleagues in Zanu PF whose language he
appears to echo? Does "no going back" include multiple farm-owners?

Something that is missing in this debate is the unanimous stance of
donors meeting in Washington last month that the unity government must meet
its own objectives set out in the September global agreement.

That is not happening. The unity government is loud on rhetoric and
quiet on delivery. Let's have less demagoguery on "no going back" and more
policies that promote productivity.

After all, wasn't the whole purpose of the Sadc-led mediation to put
Zimbabwe's economy back on a firm footing?
When the Sadc finance ministers meet their counterparts in Europe and
North America to secure the lifting of sanctions they will be asked why they
have said nothing to Zimbabwe's rulers about land grabs, violence and
lawlessness.

They will look very lame as they try to suggest it is all the fault of
white farmers clinging to their land.
Holding on to your land in Europe and North America is not an offence.
Nor is seeking redress through the courts and expecting to be given a fair
hearing!

If you read the government press over the past few weeks you will have
been given the firm impression that the Chegutu farmers currently facing
conviction were committing a serious offence by expecting the courts to give
them a fair hearing.

And the abuse meted out to them for exercising their right to appeal
to the Windhoek tribunal tells its own story.

As Prime Minister Morgan Tsvangirai pointed out at the Victoria Falls
retreat two weeks ago, it is a fact that lawlessness is an affront to
economic development.

Zimbabwe will never succeed in an environment where property rights
and human rights are non-existent.
Those who think Tsvangirai can rescue them from sanctions while they
go on depriving citizens of their rights need to think again.

The Sadc mission is heading nowhere at present.

Muckraker is surprised to note comments made last week by Prof
Welshman Ncube in the course of an interview with SW Radio Africa.

Replying to a point raised by Violet Gonda on media reform, he said
that remarks by Muckraker in the Zimbabwe Independent "bordered on hate
speak (sic)".

"There are of course, still exceptions particularly among some of the
columnists," he said of those who had not embraced the new order. "Those we
are talking about (are) Cabinet Files (Fingaz), Muckraker and so forth and
so on, who still resort to unnecessarily combative, if I may say, and
sometimes bordering on hate speak and abusive language. But by and large
there is considerable improvement."

This is of course pompous patronising nonsense. What has Muckraker
said that gave such offence to the prickly professor?

We don't know. Ncube didn't attempt, and wasn't asked, to substantiate
his serious claim.

But here is a possible candidate. On April 3 we referred to remarks
published in the Herald on March 31 in which Ncube appeared to suggest that
land occupations were the result of people unreasonably hanging on to land.

"We indicated to Sadc," he was reported as saying, "that Jomic had
been investigating this issue (land invasions) and that there are a variety
of things that had happened. One is the issue of people whose land was
acquired refusing to leave the land."

Muckraker suggested that "Welshman Ncube should avoid damaging his
party's reputation by attempting to explain away these vicious attacks as
resulting from people unreasonably hanging on to land. At least that was the
Herald version."

We are sure readers will agree that nothing in those comments bordered
on "hate speak". Is Ncube so pompous that he regards such things as a case
of lčse majesté?

Or perhaps he felt the need to come to the defence of Mutambara who we
have raked in the past for his boisterous behaviour? In which case Mutambara
should be well able to look after himself.

So here's the challenge: Exactly what remarks by Muckraker does Ncube
think bordered on hate speech?
We would hate to think Welshman is such a sensitive soul that he can't
put up with robust criticism in this column.

The latest statement from Ncube, carried in the Sunday News, reads as
follows: "He denied any form of farm invasions but hinted there are a number
of anomalies in the farms which the media had misunderstood as invasions."

There you have it. It's all the fault of the media!

Having said that, we welcome his reported remarks this week that the
parties should have reached a common position on land tenure within three
months. Let's hope that doesn't leave too much land in the possession of
politicians, service chiefs, judges and journalists!

Muckraker would like to express solidarity with those of our
colleagues in the government press in Bulawayo charged with criminal
defamation. We will not go into the details of those charges.

But it might be worth recalling that at our meeting with staff from
the state media a couple of years ago nothing we could say would coax them
into criticising Aippa, also part of the state's armoury.

What would you do to help if any of us were arrested and charged under
the Act, we asked?
Nothing, was the response. We found it very difficult in the
circumstances to form an umbrella body for editors. They went ahead and
formed their own muzzled outfit.

Now, not even their own papers are able to speak up for them. But we
will.
And here's the irony.

Criminal defamation is a colonial law designed a century ago to
suppress nationalist voices. James Chikerema was prosecuted under its broad
ambit for calling Native Affairs minister Patrick Fletcher a thief.

It has no place in a modern democracy. In Commonwealth countries like
Canada, most of the Caribbean, and South-East Asia it has been repealed.

The charges come just as ministers are planning a conference on media
reform to guide legislative changes. For many years we have put Aippa at the
top of that agenda. But let's not forget that residue of empire lurking in
the shadows. It must also go!

Finally we were amused to see that the Minister of Transport Nicholas
Goche has "gone back" on toll fees the day after his ministry had authorised
Zimra to start fleecing the motoring public. The Herald published a Comment
headed "Motorists must pay up".

On Wednesday Goche decided motorists shouldn't have to pay up - just
yet.  Apparently they haven't erected a single toll booth.

Goche recently said money collected from the tollgates will be used to
maintain roads and will not be used for other means.

So what happened to proceeds from the road tax that motorists pay for
the upkeep of roads? And the carbon tax? What happened to those funds that
we were told on their introduction would be
solely dedicated to the upkeep of roads?

Sadly this all happened too quickly for the Herald to prepare another
editorial headed "No going back on tollgates".


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Zim Independent Letters


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Make Scholarship Honourable, Excellency!

Thursday, 16 April 2009 17:08
I WISH to reiterate my displeasure to the Algerian Ambassador to
Zimbabwe, Ali Mokrani at the pathetic plight being endured by Zimbabwean
students in Algeria.

I will make no apologies at all for the letter I wrote recently
complaining of the tragedy that has befallen our fellow Zimbabwean children
studying in your country, especially when I had to literally travel to South
Africa last week to send money to your country via Western Union to my
sister-in-law who is studying there and is under my guardianship.

As of this week, the Zimbabwean students studying in your country were
surviving on handouts from their Zambian counterparts thus I strongly
believe it is cheap diplomatic gloss for you to frivolously exonerate your
country from a clear neglect of scholarship students who are supposed to
look up to you for better welfare and protection.

While you might have neatly tucked away the abuse of our citizens in
your country over the years and enjoyed a phoney clean slate of unreported
incidents; I fear you have been trivially negligent and complacent with the
last student intake and unless you rectify the situation immediately, a
scribbled denial to the media will never salvage the Zimbabwean students
studying in your country from the "dire straits" and "desperate situation"
they unfortunately find themselves in today.

Furthermore, Your Excellency, it is extremely depressing for you to
imprudently insinuate that a Zimbabwean scholarship student in your country,
is capable of failing!

Are you sure that, a Zimbabwean, of all students, who is on
scholarship for that matter, is capable of failing? I think you need to
check the international intelligence and literacy records regarding
Zimbabweans in the academia.

I suggest you address the situation of Zimbabwean scholarship students
in your country as a matter of urgency instead of campaigning for more
Zimbabwean students to apply for your controversial scholarship programme
when you already have too much on your plate.

I have benefited from a scholarship programme myself and as far as I
am concerned being on scholarship does not mean that we have to end up
redefining the rules of engagement in the media like this.

A scholarship is honourable; make it just so Your Excellency.

Vukani Madoda,
Harare.

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Education Sector Under Threat

Thursday, 16 April 2009 16:55
THE education sector in Zimbabwe has not developed at all over the
years and it continues to crumble.

The Beam and cadetship schemes propounded by the government do not
have funding support and have thereby been rendered useless.

Students cannot afford to pay the tuition fees stated by the
government. What we would prefer as students is a loan scheme in which we
would pay back our fees after the completion of our studies. We also demand
that the tuition fees we are supposed to pay be reasonable.

As students we supported change in the March 29 elections hoping that
MDC would reform the education sector. We are not pleased at all by the way
the MDC is dining with Zanu PF and seems to be dancing to its tune.

We wonder if the Prime Minister Morgan Tsvangirai is concerned about
the education sector. For instance the University of Zimbabwe is closed and
students are not even aware when the institution will be reopened.
We are yet to see what the all-inclusive government has done for
students.

Even if the MDC is now part of the government we will not hesitate to
go to the streets. As students we do not have permanent friends but
permanent interests.

Worried Student,

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ICT Ministry Straightforward Issue

Thursday, 16 April 2009 16:15
THE dispute between Zanu PF and the MDCs over the content of the ICT
ministry led by Nelson Chamisa is a sheer waste of time and energy and
certainly one that does not require arbitration because the answer is in the
dictionary.

The issue simply requires President Robert Mugabe's advisors to visit
the free encyclopedia, Wikipedia for the definition of information
communication technology (ICT).

Minister Chamisa can draw comfort from the fact that one of his
principals, Deputy Prime Minister Mutambara is a rocket science professor
who is more than capable of educating President Mugabe on ICT.

According to the free encyclopedia, Wikipedia the term is sometimes
used in preference to information technology (IT), particularly in two
communities: education and government.

In the common usage it is often assumed that ICT is synonymous with
IT; ICT in fact encompasses any medium to record information (magnetic
disk/tape, optical disks (CD/DVD), flash memory etc and arguably also paper
records); technology for broadcasting information -- radio, television; and
technology for communicating through voice and sound or images --
microphone, camera, loudspeaker, telephone to cellular phones.

ICT includes the wide variety of computing hardware (PCs, servers,
mainframes, networked storage), the rapidly developing personal hardware
market comprising mobile phones, personal devices, MP3 players, and much
more; the full gamut of application software from the smallest
home-developed spreadsheet to the largest enterprise packages and online
software services; and the hardware and software needed to operate networks
for transmission of information, again ranging from a home network to the
largest global private networks operated by major commercial enterprises
and, of course, the internet.

Thus, "ICT" makes more explicit that technologies such as broadcasting
and wireless mobile telecommunications are included.

The above definition makes it clear what ICT is and what it is not.
The current unnecessary dispute over the ICT ministry gives credence to the
MDC's concern that some of the ministries were created to give the MDC
useless posts.

However, as the late Eddison Zvobgo observed, you do not reduce great
minds by giving them small or meaningless tasks.

The controversy has some unintended consequences by drawing attention
to the ICT ministry: this will help to raise the profile and a better
understanding of the ICT ministry because people might not have understood
what it entails.

Political Analyst,
Harare.

--------------
Reform of Prison System Essential
Thursday, 16 April 2009 15:56
THE nation's courts have the power to take away a man's liberty and
the prisons are duty bound to take him into custody. However, the prisons
have a responsibility for his welfare.

If -- as seems to be the case -- prisons cannot feed the inmates then
the justice department should make use of alternative modes of punishment.

In respect of remand prisoners, magistrates or judges should make use
of bail or otherwise insist that police and prosecutors finalise cases in
good time.

They cannot refuse bail when prisons are already overcrowded.

In the event of a death occurring in a prison this must be
investigated and any or all culpable persons brought to justice and in the
event of multiple deaths the prison authorities must be accountable as well
as the Minister for Justice.

The Minister of Justice should be aware that prison conditions are
unacceptable and that prisons are overcrowded. There can be no excuses for
the present position.

It is in the interests of every MP to ensure that prisoners are
adequately looked after.  Anybody from any party could fall foul of the law
whether he is an MP, a friend or a constituent. They should enact such
legislation as soon as possible.

It is time that the general public are made aware of their rights and
the media devoted some space to educating people on their rights.

W Peters,
United Kingdom.

----------

      Zimbabwe Independent SMS
      Thursday, 16 April 2009 17:02
      WE have to acknowledge that as a nation our fortunes are down
but we should all tell ourselves that we will rise again soon.

      Let's not listen to those amongst us who blame all our problems
on foreigners. All of us did ourselves wrong one way or the other but let's
all go back to work to rebuild this nation. It will be hard no doubt but it
has to be done.
      Roy Rukambe.

      WHEN will the issues of the appointment of provincial governors,
permanent secretaries, ambassadors and the release of political prisoners be
addressed by the "all inclusive government"?

      The MDC should be careful lest it becomes an extension of Zanu
PF's lies. Morgan Tsvangirai and his team should wake up before they are
destroyed.
      T Munyanyi, Harare.

      WHY did Morgan Tsvangirai not fire Paradzai Zimondi over the
appalling conditions in the nation's prisons?
       Jailbird.

      ROBERT Mugabe appears desperate to rope Prime Minister Morgan
Tsvangirai into his corner as he struggles to shrug off targeted sanctions
imposed on him by the US and her allies.

      My advice to both our leaders is to first ensure that there is
rule of law and the administration of justice on the home front before
asking for clemency.

      Gochai Henyu.

      ROBERT Mugabe must go! We are sick and tired of him. Chaos on
the farms must stop otherwise no money will come from the West.
      Nan.

      THE GNU must be serious with the implementation of the GPA. The
first thing to be attended to is resettling and compensating those displaced
by political violence.

       For instance my home was destroyed and torched and there has
been no recourse for that.
      Observer.

      CIVIC society groups were complaining about the size of the GNU.
Now they are also complaining over the proposed constitution-making process.

       They want to start with consultations from the grassroots  which
is very expensive. Is it not better to use the NCA draft, the Kariba draft
and the people's views gathered in 1999?

      They want to prolong the process in order to continue to enjoy
donor funds.
      Nkulumani, Mutare.

      WE hope that envisaged reforms in the media sector take shape
and the airways are freed with many players able to operate.
      Dollar for three.

      POLITICIANS must lead by example by paying their bills, debts
and taxes for us to follow suit.
      Observer.

      FROM his apparently conciliatory statements Tendai Biti would
have us believe that Gideon Gono did no wrong in his tenure at the RBZ.

      Next he will be blaming all our troubles on the "illegal"
sanctions. So who messed up then? Who slept on the job? They must watch
television's The Weakest Link.

      It never fails to deliver the real culprit.
      Muckabout.

      DAVID Coltart should clarify on the issue of the payment of
Ordinary and Advanced Level examiners. Some subjects remain unpaid for.

      We hear the donor has abruptly stopped payment. Zimsec employees
are not cooperative when we try to make inquiries.
      Abused marker, Chinhoyi.

      I AM a teacher with three kids of school-going age. We stay in
the low density suburbs and I need over US$ 400 to pay for their first term
school fees. What about next term?
      Concerned Parent.

      IS it logical for the UZ to charge US$350 for a Diploma in
Education transcript when a teacher gets a US$100 monthly allowance? GNU
must seriously reconsider this.
       Impoverished.

      ZESA recently announced the times for load-shedding in the
Herald but surprisingly some areas are not experiencing power cuts as much
as others, especially in Highfield.

       Some areas are getting more power cuts than others.  Responsible
authorities should look into the matter and ensure that the scheduled times
are followed.
      Zvanyanya.

      CRANBORNE suburb in Harare has been without water for the last
four months. This has never happened before.

      How are we supposed to wash our bodies, cook our food and flush
our toilets? I urge the responsible authorities to act with speed for they
will be judged by their ability to address the needs of the people.
      A Tuso.

      WE are losing out on important calls that cut off midway because
of Econet's network failures in Harare! Do they still need foreign currency?
This is daylight robbery.
      Robbed, Harare.

      SULUMANI Chimbetu should know that he is still very far from
being described as the "maestro" as his father was.
      Fan.

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