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Zimbabwe c.bank says raided private bank accounts

http://www.reuters.com

Mon Apr 20, 2009 1:57pm EDT

By Nelson Banya

HARARE, April 20 (Reuters) - Zimbabwe's central bank raided the private bank
accounts of companies and donors to fund President Robert Mugabe's
government during the economic crisis, according to a central bank statement
made available on Monday.

Central Bank Governor Gideon Gono said the central bank took foreign
currency from private accounts to help pay for some $2 billion in loans to
state-owned companies and utilities and for power and grain imports.

He said the government still had to repay about $1.2 billion to the central
bank, which would allow it to repay money it owes private accounts.

"Immediate reimbursement to the central bank ... will enable the Reserve
Bank to also reimburse all corporate and NGO foreign currency account dues,"
the central bank said.

Gono, a close Mugabe ally, used the statement to defend his policies, which
critics and the IMF say have fuelled hyperinflation and accelerated the
country's economic slide.

Gono has come under pressure from Prime Minister Morgan Tsvangirai's
Movement for Democratic Change (MDC) to resign since the former opposition
party joined Mugabe in a unity government in February. Donors are also
reportedly pressing for his ouster before providing funds to the new
government.

Gono said the political crisis prompted him to take money from bank
accounts.

"It was a political problem and not an economic one that drove us into the
difficulties this nation experienced, and quasi-fiscal operations were a
response to those political challenges we have now resolved through the
inclusive government," the statement said.

"Our call is to let bygones be bygones and for everyone and every entity to
start anew and open a new page."

The country's gold miners say the central bank owes them over $30 million,
while the Global Fund to fight AIDS, tuberculosis and malaria said last year
that the bank had taken $7.3 million from its Zimbabwe account. It said the
central bank later returned the funds.

Gono's statement also listed more than 1,000 vehicles the central bank had
bought and distributed to various ministries, government departments and
state enteprises.


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ALERT: State agents pay intimidatory visits to Mudzingwa and Dhlamini in their hospital beds

http://www.sokwanele.com/thisiszimbabwe/archives/4010
 

Further to our previous post, we’ve just received word that Chris Dhlamini and Ghandi Mudzingwa were paid  a visit today in their hospital ward by three of the people instrumental in illegally locking them up in Chikurubi.The three men walked in and walked around but took nothing. They were:

Detective Chief Inspector Ntini (the boss)
Detective Inspector Muchada
Detective Assistant Inspector Mukwaira

The three men were accompanied today by two unnamed Detective Assistant Inspectors.

We must remind you that both Dhlamini and Mudzingwa are hospitalised because they were very badly tortured after being abducted and illegally imprisoned by agents acting on behalf of the Zimbabwean government.

The named men who paid them a visit were instrumental in their original detention.

Shortly after this visit, three prison guards then tried to force their way into their hospital Ward, under the pretext of supplying a security guard.

Both visits are a clear case of overt intimidation and are utterly unacceptable. The witness from the Avenues Clinic who relayed this information to us on behalf of the men said both men were confused and unsure of what was going on.

The witness quite rightly pointed out that a visit, by prison guards, in hospital and after bail had been granted, was extremely unusual and a real cause for concern.

Please read our previous post describing how Dhlamini, Mudzingwa and Manyere were recently granted bail and how the State plans to appeal against this and, if at all possible, lock them up again.


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The State plans to try and revoke the bail just granted to Dhlamini, Manyere and Mudzingwa

http://www.sokwanele.com/thisiszimbabwe/archives/4004
 

Clipping of an article from The Herald

A media article appearing in The Herald today suggests that the State is pursuing a plan to revoke the bail  just granted to the last three abductees who were in custody (click on the clipping above to read the full article). The three have their trial date set for 29 June 2009.

Earlier today we posted a Veritas update, explaining how the three remaining abductees in custody - Andrisson Manyere, Gandhi Mudzingwa and Chris Dhlamini  - were granted bail on Friday. They had been granted bail on the 9th of April, but as is the State’s tactic, the prosecution immediately blocked their release by notifying its intention to appeal against the bail to a judge of the Supreme Court. This notification immediately meant that the three abductees remained in custody for a further seven days, while the State lodged their appeal. However, the State failed to lodge the appeal within the seven days required by law, and as a result, all three were released on bail in line with the 9th April ruling.

Today’s article in The Herald says that the State has been granted leave to appeal against the release of the three abductees on bail. You will note the bias still present in The Herald’s reporting - especially the exclusion of the key fact that  the State did not lodge an appeal within the required seven days and that this was why the three were released on Friday. And while considerable weight is given to discussion of the new inclusive government  and the political aspects of the case, no mention is made at all that two of the abductees are still in hospital as a result of brutal treatment at the hands of the State.

As hard as it may be for people outside Zimbabwe to believe,  torture in our country is actually illegal - but not something  the State or the state-controlled media appear to give much weight too.

We have just received an email received from someone who has spoken to Chris Dhlamini - one of the abductees still hospitalised for torture injuries sustained while he was in custody - and it highlights the extreme anxiety the article has produced in the three:

I have just spoken to Chris in his hospital bed at The Avenues Clinic in Harare and he is extremely anxious at this latest news.  He is recovering from hand and wrist fractures, back injuries and a ruptured eardrum as well as injuries to his feet caused by the vicious method of torture known as falanga.  Gandhi is also still in hospital with him.

Chris describes his torture as “hell on earth” and says there is still no respect for the rule of law.  He says that the same people who terrorised them are still continuing to operate with impunity and are protected by their connections to the Minister of Justice, the Magistrates Courts and the High Court.

It is essential for the transitional government to make an immediate stand on the issue and to protect the rights and the lives of these three brave men.

In the meanwhile the three abductees continue to be yanked around by the state, their fundamental rights as Zimbabwen citizens ignored.

It is absolutely horrific.


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Affidavit of Kisimusi Emmanuel (Chris) Dhlamini



December 2008

I, KISIMUSI EMMANUEL (CHRIS) DHLAMINI, do hereby take oath and state that:

1. The facts I depose to herein are to the best of my knowledge and belief,
true and

correct.

2. I reside at 10 Sandy lane, Ashdown Park. I am a Movement for Democratic
Change (MDC) member. More particularly, I am the Director of Security for
the MDC.

3. On the morning of Tuesday 25 November 2008 at around 09:00 hours, I was
at home in my yard fixing one of my vehicles (I am also a mechanic) when I
saw about six (6) vehicles arrive and park outside my house. I remember that
some of these were sedan vehicles, and at least one was black in colour, and
another was silver.

4. When I went to the gate, I saw a police officer who, although he refused
to identify

himself to me at my request, I have previously known as Superintendent
Tenderere. I

asked him what he wanted, and he replied that he wanted to search my house.
He did not produce a search warrant.

5. Tenderere and six (6) males in plain clothes accompanied him into my
house and

searched each and every room. When they found nothing, they went into the
yard and searched all the cars there. Again, they found nothing.

6. Tenderere then informed me that he wanted to have a word with me, and he
directed me into a small black car. I sat in the back seat, with two (2)
people beside me, one on each side. I was driven along Harare Drive, via
Marlborough, Borrowdale, Chisipite, up to Jaggers Msasa, and then up and
into Goromonzi police station.

7. Upon arrival, I was not taken to the Charge Office; rather I was driven
to the Zimbabwe Prison Service Complex nearby, where I was lodged in an
office with the authority and knowledge of who I believe to be the
Officer-in-Charge of the Prison Complex, or at least a senior-ranking
officer, one Chipfunde, who was on duty at that time. Here, I also caught
sight of an individual who I later discovered to be one Chinoto Zulu, who
had also been abducted in similar fashion.

8. Thereafter, and without being advised of any charges against me, or other
reasons for my detention, I was pushed into Cell Number 1 after surrendering
my cellphone, shoes and other personal belongings. Those who had brought me
to the complex then left. I was left alone the whole of the next day.

9. On the third day, being 27 November 2008, in the morning, these
individuals returned. Upon opening my cell door, I was instructed to look
down. I complied and was blindfolded, handcuffed from the back, and led
outside to a car which was parked very close by. I was made to lie down on
the floor in the back seat of the vehicle, again with two (2) people beside
me.

10. I was driven around in circles for some time in attempts to disorient
me. Throughout this time, I was being subjected to psychological
intimidation and torture. A few examples were: the individual speaking to me
said he understood that I was refusing to eat, and he asked whether I
thought this would assist me in escaping the hungry crocodiles. He also
advised me that they had brought with them body bags, picks and shovels in
order to deal with me. I kept quiet and offered no response.

11. After driving for some time, we reached what I believed to be a bushy
area and I was led (still blindfolded) to a field where I could hear a lot
of male and female voices. I was told to comply with them as they wanted
information pertaining to alleged terrorists who were being trained by the
MDC in Botswana; who in the MDC was behind the alleged bombings of police
stations in Harare; and who in the army, police, central intelligence and
ZANU-PF were supplying information to the MDC.

12. Before I had a chance to say anything, the torture commenced. I was told
to lie on my stomach, with my hands now cuffed at my front, and I was
severely assaulted by many individuals who took turns to beat me on my back
and all over my body non-stop. The soles of my feet were also beaten with
hard objects, falanga style.

13. All the time, I continued to be questioned about the alleged training of
people in

Botswana, how they were being transported, etc. Each time I did not provide
a

satisfactory answer (as I had no knowledge of what they were talking about),
I was

further brutally assaulted. I thus came up with a false story. A camp, Dukwe
Camp, to

which people from Matebeleland fled as refugees during Gukurahundi, suddenly
came to my mind. I told them (falsely) that this was where people were being
trained, and they were being taken there using public transport. They wanted
to know where this camp was, and even though I have no idea and have never
been there, I said that it was about 50-70km before the road to Francistown.
Every time I gave them information, no matter how false or inaccurate, the
beatings would cease.

14. Then they wanted to know who was paying the people after they were
trained, how many had completed training, and where they could be located in
Zimbabwe. I did not have any knowledge and/or details of such, so again, in
order to avoid further beatings, I said that they could be found in their
homes from where they had come.

15. The questioning then turned to who had undertaken the recent spate of
alleged

bombings of police stations. Again, I denied all knowledge of such.

16. I then, still blindfolded, had my legs tied together, my hands were
cuffed behind my back, and I was suspended from a considerable height. The
first time I was hung upright and subjected to further assaults, including
further beatings on the soles of my feet. If I did not provide information,
I would hear something like a tin with stones in it being swung round and
round making a lot of noise, before I was assaulted with this all over my
body.

17. I felt like Jesus must have felt upon His crucifixion, and was
completely delirious. I would pass out, and then wake up, thinking I was in
my bedroom, and I would reach as if for my cellphone, only to remember where
I was and what was happening to me.

18. The second time, I was hung upside down, and fell or was dropped from
this height to the ground, sustaining injuries on my upper forehead and
below my nose. I was bleeding profusely over my face and shirt.

19. A person with an authoritative voice said that he knew I was not part of
the bombings, but he wanted me to disclose the identity of at least one
person who was involved.  Initially, I denied all knowledge of this, and was
again thoroughly beaten. Thus, again, I decided to say whatever came to my
mind. I remembered reading a story, when the MDC offices near Fife Avenue
shopping centre had been previously bombed, of a policeman who had been
implicated. He had been employed at the time by the MDC in its security
department, and went by the name of Ezekiel Nkomo. At that time, he had been
arrested on suspicion of causing the bombing, but was then released and
never prosecuted. I told them to check with him, and gave them a description
of him (young man, light in colour, with dark spots all over his face).
Again, once information was given to them, the torture ceased for some time.

20. As it was around noon, it was very hot in this field and I was already
weak from not being fed for a long time. This, together with the severity of
the assaults, led me to lose consciousness at least twice. Each time, I was
revived by a woman (I could see a little underneath my blindfold, which had
been loosened when I fell to the ground) who would spray water on my face.

21. I was then taken back to my cell for some time where I was left alone.

22. At around 03:00 hours the next morning (possibly 28 November 2008), I
was again collected from my cell, blindfolded and driven for some time until
I ended up in an office in an unknown location. There was a conference table
there and eight (8) people were seated there watching me, together with a
man holding a large video camera, who was standing near me and filming me. I
recognized two individuals - one man sitting to my extreme left who I had
often seen in the 1990s and who worked for the Central Intelligence
Organization, and another man whose face was familiar and who asked me how
many children I had. I do not recall either of their names, but would be
able to identify them, and the other individuals present that day.

23. I was told to repeat to them the information about the alleged training
which I had given them in the field "where we were". I said that this
indicated that they had been there and had stood by or participated whilst I
had been tortured; they apologized to me and explained that if I gave them
the information I would be released. The time was 03:30 hours; I remember
this as a radio was playing and I heard the time being announced.

24. I tried to remember what I had said in the field, but ended up in
confrontation with these individuals again when I advised them that the
information they had extracted was false, as nothing of the sort of
allegations had ever been done, nor was it known to any person from the MDC.
They were also questioning me repeatedly in order to try and get me to admit
that I discussed the alleged training in Botswana with the President of the
MDC, Morgan Tsvangirai, and even said things such as, "You being the main
intelligence man, there is nothing that Morgan Tsvangirai would do without
informing you". They were clearly trying to implicate my superior in such
alleged acts, which is false, and all of which I denied.

25. After I was filmed, I was hurriedly removed from the room, and heard
that the

individuals were in a rush to finish the video as it had to be taken for use
at the talks in South Africa (the SADC-brokered political negotiations
relating to the establishment of the inclusive government).

26. The following day - I believe that it was 29 November 2008 - my
abductors brought someone into my cell who was light in complexion and told
me to confirm that this was Ezekiel Nkomo. I studied him, and realized
immediately that this was not the person to whom I had earlier been
referring, as he did not have the black spots all over his face which I had
previously described. I told them this, as I did not want to accuse or
implicate an innocent person.

I later learned that this individual, who had been abducted in similar
fashion to me, was Zacharia Nkomo, and it is clearly a case of mistaken
identity.

27. The following day (I believe it must have been 30 November 2008), I was
again

blindfolded and, within the Prison Complex, was taken to a large outdoor
cement sink. My blindfold was removed and a sack was placed over my head and
neck. I was able only to briefly see a man wearing a blue shirt with Carling
Cup written on it, who seemed to have a lot of information about the alleged
bombing at Harare Central police station, and I also established that this
latest operation was being run by a woman who was being referred to as
"Aunty Daisy" who was also present.

28. I was told that they had brought me "Nkomo" and I had refused to
identify him, so it must mean that I myself had bombed the police station.
When I protested, I was lifted up and my head was submerged in the sink and
held there for long periods by someone, in a mock drowning, which is another
severe form of torture (water-boarding) to which I was subjected during my
unlawful abduction and detention. This mock drowning went on and on, until I
felt that I was on the verge of dying.

29. I decided to save my life and lied that I had participated in the first
alleged bombing at Harare Central police station. I gave them some false
details about my involvement. I said that I had gone to the police station
at around 19:00 hours, parked my car outside the Charge Office, checked if
people were inside and, when I established that there were no people inside,
returned to the individuals who had the bombs and gave them the go ahead to
plant and set off the two bombs. When I said there were two bombs, I was
again told that I was lying, and again was subjected to mock drowning. In
addition, I was being severely assaulted to such an extent that I just
decided to give any information, no matter how false, as it seemed to have
the effect of reducing the torture.

I even implicated dead people that I had known, but they seemed not to care
and

accepted any information that I was giving them now.

30. I wish to state on record that all the information that I provided, and
all and any

confessions made and supposed evidence given, was false, and was provided in
a wild attempt to save my life. I do not even remember some of the stories;
all I know is that I had found a way to save my life.

31. I was returned to my cell, where I remained in solitary confinement from
25 November 2008 when I was unlawfully abducted and disappeared, until 22
December 2008. At all material times, apart from my experiences in the field
and at the venue with the conference room, I firmly believe that I was in
custody at Goromonzi prison complex.

Each day, I was given a 2-litre bottle of water which I was told was my
breakfast and

lunch. Each afternoon at around 16:00 hours, I was given a small plate of
plain sadza.

This was my routine, and some details of my intentional near-starvation,
during the time of my captivity.

32. Now and then, someone would come to my cell, tell me to face the wall,
blindfold me and ask me to say my name, and then they would disappear. Other
times, I was

subjected to intense interrogation again, and was also subjected to lectures
about how bad the MDC is, how good ZANU-PF is and how, if I cooperated, I
could benefit from the latter's policies, including the "Look East" policy.
I stated that I did not want to so benefit - for me, if reforms were made in
the police and army and every person could be catered for better, then I
would be a happy man, rather than by having my individual and selfish needs
attended to.

33. On 22 December 2008, some time after lunch, Chipfunde returned and told
me to

gather my belongings as I was going to be released. However, I waited and
waited and nothing transpired. At around 16:00 hours, I was given my dinner,
and I realized that I was not going home. Some hours later a man came in and
asked the officer to use my shirt to blindfold me, and then he walked me to
a vehicle nearby. Other people were already in the vehicle, and began to
shout their names. In this way I realized that I was in a car with Gandi
Mudzingwa, Chinoto Zulu, Andrison Manyere and Zacharia Nkomo. These are the
names that I remember.

34. I was taken to Hatfield police station, where one Assistant Inspector
Mudarichira

took custody of me blindfolded from my abductors. I confirmed this later
when I briefly had sight of the detention book, where I was listed as No.
1449. My cell phone, a Nokia N95, was not returned to me.

35. On 23 December 2008 I was taken to Harare Central, CID Homicide. In the
presence of at least ten (10) police officers and other individuals,
including Chief Superintendent Makedenge and Investigating Officer Eliot
Muchada, I was briefly interrogated in Makedenge's office about the alleged
bombings and told to make statements about my involvement. I was advised
that I was to face alone (and not in common purpose) five (5) charges
relating to alleged terrorism and bombing of police and railway stations on
various dates under the Criminal Law (Codification and Reform) Act.

36. I requested my legal practitioner, as I was facing serious charges.
Makedenge and others offered all sorts of excuses and said it was only a
"small thing" for which I did not need a lawyer. They denied me access to my
legal practitioner. I denied all or any involvement and advised that all the
previous information and confessions I had given were false.

37. They took warned and cautioned statements in the absence of my lawyers
in which I denied all the charges. I have no capacity to bomb anything;
neither have I ever bombed, or had an intention to bomb, any building or
institution. As regards the charges of bombing the railway station, this is
news to me and I was never previously

interrogated about this during the whole period of my unlawful abduction and
detention.

38. While I was at Harare Central, I also again saw Gandi Mudzingwa and
others who I later learned were Chinoto Zulu and Andrison Manyere.

39. I was then taken back to Hatfield police station in an open police
truck. It was raining heavily and I was not given any cover. It is
surprising to me that such inhuman and degrading treatment was meted out on
me. I am a senior member and official of the MDC - there is supposed to be a
political agreement and an inclusive government, and yet senior officials
are treated in such a manner, which leads me to question the sincerity of
parties to the negotiations and how we will be able to work together for the
betterment of our country.

40. I was denied access to all or any food, visits by my relatives and legal
practitioners during detention at Hatfield police station. Every time a
police officer came to the cell, I asked for my legal practitioner and was
denied this fundamental constitutional right. I was placed in an overcrowded
cell in inhuman and degrading conditions, with no access to water. I was not
even allowed to bath. I had to rely on the generosity of my fellow cell
mates in order to get some small bits of food now and again, but I was
essentially and intentionally starved by members of the police manning this
station.

41. On 28 December 2008, a copy of a further count against me was brought to
me by Muchada.

42. On 29 December 2008, I was again taken from Hatfield police station to
CID Homicide at Harare Central police station. The driver's name was
Nokwara, and another youngster accompanied him. When I got into the vehicle,
Manyere and Mudzingwa were already there, and we subsequently picked up
Zulu.

43. At CID Homicide our profiles were taken, we were asked where we stay,
and then we were transported to the Magistrates' Court at Rotten Row by the
ZRP Support Unit.  Makedenge was present for part of our interview and came
into the room with Zacharia Nkomo.

44. It was only in the cells at Rotten Row Magistrates' Court that I managed
to have access to my lawyers and provide them with a statement and
instructions for the first time.

45. As far as I am concerned, I was abducted on the instructions of Chief
Superintendent Tenderere from my home on 25 November 2008 and was
essentially in police custody at that time.

46. My abduction was illegal, and I am informed that all the requirements to
satisfy a

kidnapping under national law, and an enforced disappearance, which I am
advised is an international crime which is outlawed, have been met.

47. I was detained in Goromonzi Prison Complex from then until 22 December
2008 in the custody of the Zimbabwe Prison Service there.

48. At some times detailed previously, I was unlawfully removed from my cell
and take to undisclosed locations where I was subjected to extreme forms of
torture to extract false information and confessions, which again is
outlawed under national and international law. I was also subjected to such
treatment at Goromonzi.

49. I was moved to Hatfield police station, where I was unlawfully accepted
into custody despite the fact that I had been the victim of a kidnapping and
enforced disappearance.

No attempts were made by any police officer there to establish the
circumstances in

which I was being brought there, and they should not have accepted me into
their

custody. At Hatfield police station, I was further denied all my fundamental
constitutional rights.

50. I was the subject of a Warrant of Further Detention, granted by one
Magistrate

Cathrine Chimanda, without me being allowed representation by my lawyer of
choice,

and without anyone being informed that I was in police custody. I am
informed and verily believe that, instead of continuing to detain me, and
due to the fact that I had been kidnapped and subjected to an enforced
disappearance, I should have been immediately released upon any police
officer having been given custody of me, and the perpetrators prosecuted.
Instead, I have now unlawfully become an accused person rather than a
complainant.

51. I verily believe that there has been collusion amongst the police, the
prison service, military and central intelligence in the events and
treatment which I have narrated and to which I have been subjected.

52. I was seriously tortured whilst in unlawful detention as alluded to
above. The torture was unlawful and violated my right to protection against
torture and inhuman and degrading treatment afforded to me by virtue of
section 15 of the Constitution of Zimbabwe, Article 5 of the Universal
Declaration of Rights, Article 1 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or

Punishment, Article 5 of the African Charter on Human and Peoples' Rights,

and Article 7 of the International Covenant on Civil and Political Rights.

53. I was kept incommunicado for at least twenty-seven (27) days. I had no

communication with my family and friends.

54. I was denied the right to protection of the law. My personal security
was compromised as no one except my captors and the State knew were I was.
To say I was over-detained is an understatement.

55. I was never allowed legal representation when I was in custody, even
after the lawyers representing me finally established my whereabouts and the
investigating officer was aware that I was legally represented. They made me
write statements without the assistance of a lawyer and under duress.

56. I was not allowed access to medical treatment and/or medication
following my assault and torture.

57. I suffered psychological trauma due to my torture, death threats and my
being shut out of the world. I do not know if I will be able to fully
recover from this harrowing

experience.

58. In summary I lost all my constitutional and human rights upon my arrest
and abduction.

59. I pray that these complaints be investigated seriously by a
parliamentary team set up to investigate the allegations I make, as I am
informed and verily believe that the police have in the past failed to
investigate themselves. Alternatively a team of police officers working hand
in hand with my lawyers should be tasked to investigate these complaints.

60. I also wish that those who abducted me, those who kept me and those who
sanctioned my abduction, detention and torture and all their accomplices be
investigated, charged and prosecuted for international crimes of torture and
enforced disappearance, which constitutes a crime against humanity.

THUS SWORN TO AND SIGNED AT HARARE THIS ........   DAY OF DECEMBER 2008

----------------------------------

KISIMUSI EMMANUEL (CHRIS) DHLAMINI

BEFORE ME

----------------------------------

COMMISSIONER OF OATHS


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Released Zimbabwe Political Prisoner Vows Legal Pursuit of Alleged Torturers

http://www.voanews.com

By Patience Rusere
Washington
20 April 2009

One of three Zimbabwean political detainees released late last week on bail,
freelance photo-journalist Anderson Manyere, said Monday that he is
demanding an investigation into his abduction and torture and is
contemplating suing the government for his detention.

Released with Manyere were Ghandi Mudzingwa, a former aide to Movement for
Democratic Change founder Morgan Tsvangirai, now Zimbabwe's prime minister,
and Kisimusi Dhlamini, former director of security for the opposition party.
Both have been hospitalized for injuries from torture said to have been
sustained while in police custody.

The three men, released on US$1,000 bail each, still face charges of
terrorism, banditry and sabotage. They were due back in court April 30, when
a date for their trial could be set.

Manyere told reporter Patience Rusere of VOA's Studio 7 for Zimbabwe that he
believes the courts, not Zimbabwe's unity government, were responsible for
his release.


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Tsvangirai, Mutambara confront Mugabe

http://www.thezimbabwetimes.com/?p=15464

April 21, 2009

By Raymond Maingire

HARARE - Prime Minister Morgan Tsvangirai and his two deputies, Arthur
Mutambara and Thokozani Khuphe on Monday confronted President Robert Mugabe
for his apparent resolve to overstep his powers.

The MDC leaders told Mugabe that his contemptuous behaviour was in violation
of the Global Political Agreement signed by Zanu-PF and MDC parties.

The charged meeting, which was held at Zimbabwe House, was also attended to
by Vice Presidents Joseph Msika and Joice Mujuru.

Sources told The Zimbabwe Times Monday the meeting also included the six
negotiators of the unity deal. They were invited to help define Mugabe's
powers.

The negotiators included Tendai Biti and Elton Mangoma of the Tsvangirai-led
MDC; Welshman Ncube and Priscilla Misihairabwi of Mutambara's MDC, together
with Patrick Chinamasa and Nicholas Goche representing Zanu-PF.

South African President Thabo Mbeki, who helped broker the compromise deal
among the parties last year, was last week reported to have been invited to
arbitrate. These reports were later quashed by government.

Monday's meeting was a result of serious misgivings expressed by Mugabe's
partners from the two MDC parties.

The parties feel the Zimbabwean leader is unnecessarily whipping up emotions
within the two-month-old unity government through failure to meet his end of
the bargain.

The aggrieved parties also accused Mugabe of making far-reaching unilateral
decisions.

The meeting was also expected to tackle outstanding issues to the GPA.

The political parties are yet to resolve issues around the fair distribution
of provincial governors and the contested appointments of Reserve Bank of
Zimbabwe governor, the Attorney General, ambassadors and permanent
secretaries.

All these posts are still in the hands of Zanu-PF loyalists.

The recent wave of farm disruptions by influential war veterans and Zanu-PF
officials, has also unsettled Mugabe's partners, who are strongly opposed to
his chaotic land reform programme.

The resolve by the Attorney General to proceed with the prosecution of MDC
activists, who are being charged with attempting to overthrow Mugabe last
year, is among the issues threatening the smooth running of the coalition
government.

The MDC has called for the charges against the activists to be dropped,
saying they were all trumped up

The recent arbitrary transfer of some of Information Communication
Technology Minister Nelson Chamisa's ministerial functions to a Mugabe
loyalist in cabinet has further stretched the patience of the MDC leaders.

Mugabe stripped Chamisa, the MDC spokesman, of the communication function of
the ministry and handed it over to Nicholas Goche, the Transport Minister.

According to Gorden Moyo, the Minister of State in the Prime Minister's
Office, Monday's meeting did not broach the outstanding issues to the GPA as
widely as expected.

"It was not a meeting of principals only," Moyo said.

"It was a meeting of the political leadership and that involves the
President and his two deputies and the Prime Minister together with his two
deputies."

Moyo said the meeting was meant to clarify roles of the three principals as
provided for in the GPA.

"It was to clarify the roles of the leadership in relationship to the GPA
and Constitutional Amendment Number 19.

"It was to spell out who has the power to do what because it is felt some do
things, not out of malice, but through lack of understanding of their roles.

"That is why they make certain decisions which may not be popular with their
counterparts."

Moyo, who denied the meting was tension-filled, said all the issues were
dealt with amicably. He said he could not, however, guarantee they would not
be any similar problems in future.

Zanu-PF and the MDC will soon reconvene to trash out the outstanding issues
relating to the GPA.


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Mugabe, Tsvangirai and Mutambara meet to finalise outstanding issues

http://www.swradioafrica.com

By Tichaona Sibanda
20 April 2009

The three principals to the Global Political Agreement met in Harare on
Monday to try and finalise a variety of outstanding issues that have been
threatening the two month old inclusive government.

ZANU PF leader Robert Mugabe, MDC President Morgan Tsvangirai and Arthur
Mutambara, leader of the other MDC formation, met to address the outstanding
issues which include the swearing in of the provincial governors, the
appointment of the Governor of the Reserve Bank and the Attorney General,
the appointment of Permanent Secretaries and Ambassadors.

Last Friday, we reported that former South African President Thabo Mbeki was
to be called to Monday's meeting to clarify Mugabe's powers in the inclusive
government. But a senior aide to Tsvangirai denied that the three principals
had called in Mbeki in. 'We were actually surprised to read that from the
press. Mbeki's mandate on the GPA ended on the day the inclusive government
was formed. Any other business to do with this government will be dealt with
by SADC and the African Union, the guarantors of the deal,' the senior aide
said.

But despite the MDC's assurances, further reports suggest something
different. One report said a SADC delegation was expected in Harare Tuesday
to try to prevent the collapse of the unity accord. This report also stated
that Mbeki was supposed to be present, but asked to be excused because of
South Africa's elections. Another indication of the difficulty of reporting
on Zimbabwe, when none of the parties to the talks are open and speak freely
about the situation.

James Maridadi, the spokesman for the Prime Minister Tsvangirai, would only
confirm that the three principals, together with Vice Presidents Joseph
Msika and Joyce Mujuru and Deputy Prime Minister Thokozani Khupe, were
meeting to thrash out issues hampering the operations of the inclusive
government. After the meeting with Mugabe and Mutambara, Tsvangirai headed
straight to brief his cabinet caucus about the outcome of the indaba.

Zanu PF and the two MDC formations agreed on a formula to allocate the posts
of governors under the inclusive government just before its formation in
February. The three parties agreed to allocate the posts using the outcome
of the March 29 parliamentary elections.

A party with more seats in any given province would allocate a governor in
that province and under this formula the MDC-T would have five governors,
Zanu PF four and the Mutambara MDC one.

Under this deal, the MDC-T would appoint governors in Harare, Bulawayo,
Matabeleland North, Masvingo and Manicaland, while Mugabe would have the
three Mashonaland provinces and Midlands. The other MDC would appoint a
governor in Matabeleland South.

But the appointments were put on hold when Mugabe reportedly made a u-turn
and started demanding five governors. It's reported he is still insisting on
appointing a governor in Manicaland, where Zanu PF lost dismally in the
parliamentary polls.

The shaky inclusive government however managed to overcome one of the
obstacles that threatened to tear it apart when Tsvangirai and Mutambara
convinced Mugabe to reverse his unilateral appointments of permanent
secretaries.

Out of the original list announced by cabinet secretary Misheck Sibanda on
24th February,  none had been considered from the two MDC formations, a
situation that was described as 'ridiculous and crazy' by political
analysts.

Since then all permanent secretaries were asked to re-submit their CVs to
the Office of the Prime Minister. It is believed the meeting on Monday was
looking at the final list, drawn up by Tsvangirai, which also includes a
number of names from the two formations of the MDC.

A source told us that on ambassadors, the three principals have reportedly
agreed to put on hold the closure of some embassies outside the country,
owing to financial constraints. There was talk early this year that the
inclusive government would shut down some of the embassies. But that
exercise is said to be more costly than recalling and redeploying new staff.

'There are reports suggesting the three principals will share equally the
number of ambassadors outside. Other reports say they might want to use the
formula they adopted when they dealt with the issue of governors,' our
source told us.

Zimbabwe has 38 diplomatic missions spread across the world. It's believed
the MDC-T and ZANU PF will each appoint 17 ambassadors, while the MDC-M will
have four. Where a mission has a vacancy for a deputy ambassador, that
vacancy will automatically fall to the other party.

According to the source, there is also going to be a mixture of staff in
junior positions at each embassy. ZANU PF is expected to retain the majority
of junior staff at most embassies, but the two MDC formations will have a
sizeable chunk of junior officers sent to each of the 38 missions. These
include political and economic consular officers, first secretaries, second
secretaries and third secretaries.

But while the government officials sit and discuss issues such as
ambassadors and diplomats - violent farm invasions continue, the rule of law
does not exist, there is no media freedom and the economy is in freefall.

Ordinary Zimbabweans would like to see some action taken to overcome these
real issues, that affect any hope of future investment in the country.


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Shock as government refuses to take action in renewed farm attack

http://www.swradioafrica.com

By Alex Bell
20 April 2009

A Chegutu farmer who had a personal visit from a ministerial team
investigating the fresh wave of land attacks last week, has described his
shock that within an hour of the visit, he came under fresh attack from land
invaders.

Deputy Prime Minister Arthur Mutambara last week traveled to Chegutu with a
team of ministers to report on the ongoing land invasions, which have seen
most of the country's remaining farmers forced into hiding. After a
whirlwind tour of the Mount Carmel farm, which has been under siege by a
gang of invaders for more than three weeks, Mutambara ordered the invaders
off the land. He accused them of "reaping what they did not sow," of
breaking the law and destroying the economy. He also told policemen, who
have supported the invasion from the start, to uphold the law and even
called one of Mugabe's loyalists 'immoral'.

Mugabe's land minister, Herbert Murerwa, who was also part of the
ministerial team drafted to probe the farm attacks, had to endure a reported
'volley of anger' from Mutambara when he saw tens of thousands of
kilograms of export fruit rotting on the farm. Farmer Ben Freeth has been
prevented from entering his packing shed in the past few weeks because of an
ongoing invasion, which has now seen almost the entire property become a
looting ground and campsite for lawless thugs.

The Deputy Prime Minister told the assembled crowd on the farm that Freeth
and his workers must be left to live in their homes peacefully and to return
to work the same day. But a mere hour later, after Mutambara left the family
with hope that their plight was at an end, Freeth and his workers were once
again chased away by the same gang of invaders. Freeth explained on Monday
that very little has since changed on the farm, with the invaders still
running rampant on his land. He told SW Radio Africa that he had hoped that
the ministers' visit "would at the very least mean a start of the return to
the rule of law." But he explained that his produce is still being stolen in
mass quantities, and the property is still blocked by the invaders.

Freeth also expressed shock that Mutambara has since responded to the news
that his orders are being ignored, by saying he would not take any action.
Mutambara said: "What matters is that the next time Mugabe denies there have
been fresh land invasions I can say that is not true, I saw it for myself."
The statement is another clear indication that the MDC holds no power in the
unity government, with Robert Mugabe at its helm. Freeth explained that a
High Court order protecting the family was granted on Monday, but argued
that the order will likely not prevent the invasion from continuing.

"A farm down the road has also been attacked over the weekend, by gangs
supported by police." Freeth explained. "That farm is also protected by the
courts so what will it mean for our farm? Very little."

Eight Mount Carmel workers meanwhile are still being kept behind bars on
trumped up kidnapping charges. The rest of Freeth's staff have been forced
into hiding because of vicious attacks by the land invaders.


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Biti orders Gono to take cars back from legislators

http://www.swradioafrica.com

By Violet Gonda
20 April 2009

The saga over the distribution of vehicles to members of parliament took a
new twist on Monday. Minister of Finance Tendai Biti ordered
parliamentarians to return the vehicles they had been given to the Reserve
Bank of Zimbabwe by Monday. The order was announced by the RBZ Governor
Gideon Gono through the Herald newspaper.
Gono said in a notice: "The Reserve Bank would like to advise Hon. Members
of Parliament that the Governor is under instruction from the Minister of
Finance Hon TL Biti to ask all Hon Members of Parliament to return the
second hand vehicles, recently issued to them at their request, by the RBZ.
While the deadline for the return of the vehicles had been set for Monday,
the 20th of April, 2009, it is however the wish of the governor to appeal to
the Honorable Minister that this deadline be extended to Friday, April 24,
2009."
The cash strapped government had not been able to release funds for the
usual parliamentary vehicle loan schemes, resulting in Gono 'offering' to
loan the legislators second hand 4x4 vehicles.  It is understood that at
least 50 legislators from ZANU PF and MDC-M had accepted the vehicles and a
number of MPs from the MDC-T are also said to be recipients of the vehicles,
in defiance of a directive from party leader Morgan Tsvangirai.
The MDC Executive ordered their legislators not to accept the vehicles from
the controversial governor saying they do not recognise his appointment,
that they are investigating corruption at the RBZ and that it is not the job
of the RBZ to engage in quasi-fiscal activities. The RBZ monitors and
regulates banks and banking practices, while the Finance Ministry manages
the national coffers and resources, including buying vehicles - which are
made available through a loan scheme to parliamentarians.
It is understood that most of the MDC-M MPs who accepted the controversial
cars were from Harare and Masvingo provinces.  MDC insiders say this has
become a sensitive issue and may cause serious rifts in the party if it is
not handled properly. Some MDC MPs accuse their party of using double
standards and unfairness, since cabinet ministers are recent  recipients of
government cars.

There is an ongoing public outcry over the disbursement of E280 Mercedes
Benz, given recently to senior ministers at a time when the bankrupt
government should be prioritising government expenditure over more important
issues.

It has also emerged that there are allegations that several MDC senior
ministers are among a group of people, including ZANU PF ministers, who
received more than one car from the controversial RBZ Governor.
Observers say Gono's actions are clearly designed to drive a wedge between
the MDC, and are yet another indication of how ZANU PF is trying to
undermine Tsvangirai's authority.


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Students oppose govt constitutional reforms

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

by Cuthbert Nzou Tuesday 21 April 2009

HARARE - Zimbabwe's student movement on Monday called for an
independent commission to lead the drafting of a new constitution for the
country, as opposition mounted to the unity government's proposed
constitutional reforms.

The Zimbabwe National Students Union (ZINASU) said government plans to
task a special parliamentary committee to lead the writing of a new
constitution within 18 months were not "people-driven" and said it would not
participate in such a process.

The umbrella student's union called for a joint conference of civic
society and the power-sharing government of President Robert Mugabe and
Prime Minister Morgan Tsavangirai to appoint an independent commission to
spearhead the drafting of a new governance charter for Zimbabwe.

"Any constitutional reform processes must start with a joint
government-civil society conference that will appoint an independent
commission as well as setting out the agenda and terms of reference of the
commission," ZINASU spokesman Clever Bere said in a statement.

"The union will not participate in any processes that do not conform
to a people-driven process unless a decision by a higher decision making
organ of ZINASU decides otherwise," said Bere, who spoke after a meeting of
ZINASU's national executive council in Harare.

The decision by ZINASU comes hard on the heels of last week's
announcement by the National Constitutional Assembly (NCA) lobby group that
it would oppose the government's Parliament constitutional reform process
because it was driven by politicians and not the citizenry.

The NCA, comprising civic rights groups, women's organizations,
churches, opposition political parties, labour as well as the student
movement, nine years ago successfully mobilised Zimbabweans to reject a
proposed a draft constitution sponsored by Mugabe's government.

It has said it would mount a similar campaign for the rejection of the
proposed new draft constitution when it is put before the electorate next
year.

Speaker of Parliament Lovemore Moyo has appointed a 25-member
committee of legislators drawn from Mugabe's ZANU PF party and the two
formations of the MDC that will oversee the drafting of the country's new
constitution.

Moyo, from the Tsvangirai-led MDC formation, said the committee would
drive the writing of the new constitution over the next 18 months as
outlined under a power-sharing agreement signed by Zimbabwe's three main
political parties last year and which led to the formation of the unity
government last February.

Moyo said apart from lawmakers, more people drawn from business,
students, rights groups, churches, media, women's groups, labour and farmers
among others shall be tasked to assist the parliamentary select committee
that will however have final say in the drafting of the new constitution.

The Speaker said the draft constitution would be put before the
electorate in a referendum expected in July next year and if approved by
Zimbabweans will then be brought before Parliament for enactment.

Once a new constitution is in place, the power-sharing government is
expected to then call fresh parliamentary, presidential and local government
elections.

Zimbabwe is currently governed under the 1979 Constitution agreed at
the Lancaster House talks in London.

The constitution has been amended 19 times since the country's
independence in 1980 and critics say the changes have only helped to
entrench Mugabe and ZANU PF's stranglehold on power.

Meanwhile ZINASU vowed to call protests by students against what it
said were exorbitant fees being demanded by authorities at public
universities and tertiary schools.

The union said fee reductions announced by the Education Ministry were
too little and left fees still well beyond the reach of many students.

"We resolved to intensify protests at colleges and in the streets of
all major cities under campaign," Bere said. - ZimOnline


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FULL TEXT: Mangoma's address in Pretoria

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

Tuesday 21 April 2009

MINISTRY OF ECONOMIC PLANNING AND INVESTMENT PROMOTION (MoEPIP)

"INVESTMENT OPPORTUNITIES IN ZIMBABWE"

PRESENTED BY HON. ELTON. MANGOMA, MINISTER OF ECONOMIC PLANNING AND
INVESTMENT PROMOTION

APRIL 20th 2009

1. INTRODUCTION

The Zimbabwean economy experienced continuous economic decline for the last
decade. The economic decline was mainly caused by the chaotic fast-track
land reform programme, political disagreements and economic mismanagement.
Inflation reached unprecedented world levels for a non-conflict situation
topping over 5 billion percent. A Global Political Agreement was signed by
the political parties on the 15th September 2008 resulting in the
establishment of the inclusive Government. Stimulating investment has been
adopted as one of the strategies for the restoration of economic stability
and growth. The objective is to increase investment from the current level
of 4 percent of GDP to a minimum of 25 percent of GDP.

1.1 Zimbabwe is emerging from a crisis which had deleterious effects on the
livelihood of the people. For the past couple of years, we have witnessed a
cumulative decline of Gross Domestic Product of above 45 percent,
unemployment stood at about 90 percent or so, capacity utilisation in
industry averaged below 10 percent. The new dispensation which was brought
about by the Global Political Agreement endeavours to reverse these negative
performances in our economy. One area of critical importance of the
Inclusive Government is to create an enabling environment which would
promote investment thereby spur heightened economic activity.

1.2 The Inclusive Government is determined to ensure that Zimbabwe Starts
Working Again by engendering reforms from both the political and economic
arenas - to ensure that there is a restoration of economic stability and
growth amongst other things.

1.3 In line with the provisions of the Global Political Agreement, the
Inclusive Government has put in place a democratisation agenda which will
yield:

A people driven New Constitution that would lead to free and fair elections.
The all stakeholders' conference will elect a chairperson of the
constitutional making process. Anyone interested in being such chair will
have to present themselves to such conference. The inclusive government will
not force a new constitution on the people of Zimbabwe, as some seem to be
suggesting.

The new Constitution will also have provisions such that there would be a
multi-party democratic system which will be predicated on there being free
political activity - freedom of association and where a multiplicity of
voices will be heard.

Furthermore the New Constitution will provide for the rule of law, reform of
the state organs and institutions through the professionalisation of
uniformed forces, ensuring the political neutrality of traditional leaders,
ensuring non discrimination of food distribution along political lines.

Media freedoms. The media houses, both local and international already
operating in Zimbabwe must continue to operate freely while the structural
issues, as agreed in the GPA and constitutional amendment 19, are being
attended to.

1.4 The Global Political Agreement provides for the security of all persons
and would prevent any politically motivated violence by inculcating the
spirit of tolerance amongst the citizens. Utterances of hate speech would be
dealt with accordingly. Furthermore, freedom of expression and communication
would be another hallmark of the governance and democratisation process. In
this regard, there would be a multiplicity of players in both the print and
electronic media. This entails the amendment of such legislation as the
Broadcasting Services Act and the Access to Information and Protection of
Privacy Act, Public Order and Security Act amongst such other repressive
legislation.

1.5 Executive power in the Inclusive Government is vested in the President,
Prime Minister and Cabinet. The other Governance Structures are as follows:

Councils of Ministers, Parliament and Senate

1.6 There is a Joint Monitoring and Implementation Committee ( JOMIC) whose
major responsibility is to assess whether the implementation of the articles
of this Agreement is in line with the letter and spirit of the GPA.

1.7 There are outstanding issues that have to be resolved soon. These
include the Reserve Bank Governor, the Attorney General, the Provincial
Governors, permanent secretaries, the swearing in of Roy Bennett and
ambassadors.

2. STABILISATION PROGRAMME

In early 2009 the Inclusive Government was sworn in and part of its
responsibility is to stabilise the socio-economic and political environment.
The inclusive Government immediately put together a Short Term Emergency
Recovery Plan (STERP) whose priorities are ensuring political stability and
good governance, social protection and promoting macroeconomic
stabilisation. The specific measures adopted in order to promote
macroeconomic stability as well as improve the business environment include
the following:

Political and Governance Issues

The Inclusive Government will embark on the drafting of a new people driven
Constitution as a matter of urgency;

The Inclusive Government will liberalise the air waves, free the media, and
ensure that plural voices are heard through both electronic and print media,
and

Undertaking legislative reforms intended to strengthen good governance,
accountability and promoting the rule of law as well as equality and
fairness, including gender equality.

Investment Promotion and Protection Agreements

In order to ensure security of investment, access to markets and provide
dispute resolution mechanisms and credit worthiness, Government is a
signatory to Multilateral Investment Guarantee Agency, Overseas Private
Investment Co-operation, International Convention of the Settlement of
Investment Dispute, United Nations Commission of International Trade and
Arbitration Law and Bilateral Investment Promotion and Protection Agreements
(BIPPA).

The Inclusive Government is committed to adherence to Bilateral Investment
Promotion and Protection Agreements. The BIPPA between South Africa and
Zimbabwe was negotiated and is now awaiting signing by the two parties. The
preparedness of Zimbabwe to quickly sign this BIPPA is an indication of its
readiness to welcome South African investors into Zimbabwe. We hope this
will boost confidence to all South African investors who were sceptical
about whether this is the right time for coming to do business in Zimbabwe

Multi-currency and Rand Reference Currency

Multiple foreign currencies such as the South African Rand, United States
Dollar, Botswana Pula, Euro, Pound Sterling, among others, are now being
used as ordinary currency in Zimbabwe. No licences will be required to trade
in foreign currencies.

The Zimbabwe dollar has died a natural death. Its funeral will cost about
USD 13 million which is the estimate for mopping up the balances with banks
and reserve money. A decision will be made on when and how to reintroduce
the Zimbabwe dollar once the productive sector is up and running. This is
very unlikely to be this year.

Government has decided that the reference currency should be the Rand and
books of account are being kept in either the Rand or United States Dollars.

Cash Budgeting

The National Budget will be a cash budget, that is to say the amount the
Nation spends will be determined by tax revenues plus grants from donors
collected. There will be no money printing which has been the major source
of money supply growth resulting in high inflation levels.

The IMF has welcomed the revised budgeted revenue of USD1 billion as being
realistic. It however believes that there is a risk of a shortfall of USD200
million.

The Reserve Bank of Zimbabwe has been stopped from funding quasi-fiscal
operations and will now concentrate on its major mandate of ensuring the
stability of the financial sector.

Taxation

Personal income taxes have been reduced. The maximum duty rate has been
reduced to 40 percent.

Interest Rates

The local banking system can now issue foreign exchange loans in support of
productive sectors at rates which take into account risk assessments by the
banks and the cost of capital in international financial markets.

The local banking system is still working out the interest rate on deposits
as a way of mobilising savings.

Exchange Controls

In order to remove restrictions on business transactions, Government
deregulated restrictive Exchange Controls, and delegated export
administration and payment authority to banks.

Individuals and companies are now free to pay for goods and services
offshore as well as service external debts without prior Exchange Control
approval.

In order to remove bureaucratic hurdles associated with the processing of
loan applications for both domestic and foreign investors, Government
simplified the approval process for external loans, with authority delegated
to banks to process loans of up to US$5 million without prior Treasury and
Reserve Bank approval.

Remittances

Similarly, all applications on income related transactions such as
dividends, profits and capital appreciation proceeds no longer require prior
Exchange Control approval.

Banking and Finance

A system has now been put in place to allow payments and transfers of funds
between parties and banks within the country without resorting to
corresponding offshore banks.

Land Acquisition

The question of land acquisition is being addressed through instituting a
land audit and the issue of farm invasions is also under consideration to
ensure that this is stopped forthwith as it sends wrong signals to
investors.

The issue of security of tenure is being pursued to enable farmers to freely
make investments on their farms and access commercial banking finance.
Zimbabwe is a law-abiding country and will respect property rights as well
as the rule of law.

International Support

The process to reengage the international community is underway, to mobilise
support for the resuscitation of social services and utilities. A
multi-pronged approach to engage the international community will focus on
the unlocking critically needed balance of payments financing, fiscal
balance support, foreign debt rescheduling and renegotiation as well as
clearance of outstanding external payment arrears.

The international community is being mobilised for self-liquidating lines of
credit, to boost the production capacity in the country.

The IMF with the World Bank came for their Article 4 consultations in March
2009. They were impressed by the speed and contents of STERP. Their comments
pointed to 3 areas of concern, these are: a) the institution of the Reserve
Bank b) the fragility of the Public Finance Management system and c) the
likely revenue shortfall of USD 200 million.

We are humbled by the assistance that we have received from South Africa and
Botswana. We hope to finalise agreements with other SADC countries on the
sidelines of next week meetings.

We should be introducing the Medium Term Plan by September.

3. INVESTMENT OPPORTUNITIES

The Government recognises the need to stimulate investment. Therefore, it is
the intended objective of increasing investment capacity from 4 percent of
GDP to over 25 percent of GDP. Increased investment is meant to underpin
sustainable economic growth and development.

The Strategy is to develop to the maximum extent the potential of the main
sectors of the economy namely agriculture, manufacturing, mining and
tourism. Increasing investment in these sectors is critical for achieving
sustained economic growth and for creating more employment opportunities in
the country.

Government recognises the important developmental contribution that the
private sector, both domestic and foreign can make by increasing investment
in Zimbabwe. Therefore, it is promoting both domestic and foreign
investment.

Zimbabwe's overall investment environment offers a market driven economy
with the following attributes:

Abundant natural resources;

Well developed infrastructure which only needs some maintenance;

Access to world and regional markets;

Educated, easily trainable labour force with at least four years of
secondary education, and

Liberal labour regulations based on collective bargaining.

The specific opportunities that exist in the various sectors are as follows:

Manufacturing

Industrial intermediate and capital goods, consumer goods and value addition
of  primary produce (manufacture of fertilizers, textiles and clothing,
minerals)

This sector is currently operating at under 10 percent capacity

Energy

Energy opportunities include, Hwange and Gokwe Thermal Power projects;
Kariba Hydro extension, Lupane Methane gas drilling and bio-diesel
production among others.

Tourism

Tourism infrastructure such as hotels, refurbishment of airport
infrastructure in resort towns such as Victoria Falls and Kariba.

Readiness for the 2010 World Cup.

Mining

Resuscitation of existing mines especially gold mines, establishing new
mines, cutting and polishing of precious stones, production of jewellery
from gold, silver, diamonds, platinum and other minerals.

Agro-industries

Farming operations including tobacco, cotton, food crops and horticulture.
Zimbabwe has one of the best combination of good soils and climate.

Manufacturing of agricultural implements and machinery, canning of fruits,
vegetables, meat products and fruit juices among others.

Infrastructure

Infrastucture development will be privatised through Public and Private
sector Partnerships. These include:

dualisation of the Harare -Beitbridge and Harare to Bulawayo roads,

upgrading of Kariba and Victoria Falls airports,

construction of Kunzwi Dam, completion of Tokwe Mukorsi and Gwayi-Shangani
Dams, construction Mtshabezi water pipeline, Zambezi-Bulawayo pipeline

The national railway line, Harare Chitungwiza railway line are some of the
significant infrastructural projects were investment is called for.

4. THE ROLE OF THE SOUTH AFRICAN PRIVATE SECTOR

The South African private sector can play a significant role in the economic
recovery through investing into new and existing companies in Zimbabwe.
There are companies and mines operating at low capacity levels and the South
African private sector can inject resources into such companies so as to
increase their production. The total requirements by Zimbabwe companies are
in excess of US$1 billion, for an initial ten-month period, to facilitate
the same to raise capacity utilisation from 10 percent to about 60 percent.

The adoption of the multi-currency system has left most Zimbabwean Banks
with reduced balance sheets to the extent that they are no longer able to
fully meet the financial requirements of the Zimbabwean private sector.
Therefore, we are requesting the South Africa private sector to support
these companies with lines of credit.

Zimbabwe will be able to repay these loans with proceeds from exports of
cotton, tobacco, horticulture, gold, platinum, remittances from the diaspora
and receipts from tourism. Zimbabwe is also making concerted efforts to
attract foreign direct investment and it is anticipated that such efforts
will bear fruit and hence generate foreign currency that will also assist in
repayment of these lines of credit.

It is also important to note that the recovery of Zimbabwe will also bring
significant benefits to the South African economy through increased
employment, export earnings as well as remittances from profits earned by
subsidiaries situated in Zimbabwe. Therefore, the assistance advanced to
Zimbabwe by the South Africans will result in a win win situation for both
countries.

5.DONOR COMMUNITY

The Donor Community should play a critical roll in the stabilisation of
Zimbabwe at this critical point when the country is in the early phase of
implementing its plans. The assistance extended so far particularly in the
health sector and food assistance is greatly appreciated but more is
required.

Critical areas that remain include

Assistance with education in all its facets,

Food assistance in the coming year and crop inputs for the coming
agricultural season.

Budgetary support to cover the USD 200 million shortfall predicted by the
IMF.

Civil servants pay to ensure stability and capacity of the new
administration

Funding for critical implementation areas like the new constitution and Land
Audit and training of the police and army in human rights and personal
freedoms

6. CONCLUSION

Zimbabwe is ready to accept investors and is working tirelessly to create a
conducive investment climate and we encourage South African investors to
take advantage of the existing investment opportunities in Zimbabwe as well
as advancing lines of credit. There is a strategic window of investment wide
open in Zimbabwe at the moment. There is a strategic window for the donor
community to strengthen democracy in Zimbabwe and Africa at the moment. Lets
seize the moment before it this window shuts. - ZimOnline


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MDC delaying release of Tsvangirai crash investigation report

http://www.swradioafrica.com

By Lance Guma
20 April 2009

A private investigation firm, tasked to probe the tragic car crash which
killed Prime Minister Morgan Tsvangirai's wife Susan, submitted its findings
to the MDC 10 days after the incident. However the MDC, which entered into a
coalition government with ZANU PF 2 months ago, seems reluctant to make the
findings public, while the latest revelations are set to stoke the fires of
speculation further.
Tsvangirai's wife was killed when their Land Cruiser vehicle was side swiped
by a truck on the road from Harare leading to Chivhu. Speaking a few days
after the crash Tsvangirai sought to assure a suspicious nation that it had
just been an accident. But BBC journalist John Simpson, currently working
undercover in Zimbabwe, reported over the weekend that senior party
officials had said findings by the investigators suggest the crash might not
have been a genuine accident.
The BBC report quoted MDC sources saying investigators found that the lead
security car which accompanied the Tsvangirai's on the day, had speeded up
and disappeared over a rise, just before the crash. It also did not stop and
offer assistance. Also adding to suspicion is the status of the truck
driver, Chinoona Mwanda, who was not employed by the owners of the truck,
John Snow International. Mwanda's background in the military has added
another talking point.
With a shaky power sharing deal currently in place a report incriminating
ZANU PF in Tsvangirai's crash would all but torpedo the coalition. Some
observers say it is hardly surprising that Tsvangirai continues to insist it
was an accident, despite ongoing speculation. In an interview with the UK
Observer newspaper recently he said, 'In our custom they say all sorts of
things but really, it was an accident.'
Commenting on his own security arrangements Tsvangirai said, 'We are taking
measures to prevent a recurrence of such an incident. But the thing is that
if the United States president can be shot, who am I to have a foolproof
security arrangement?'
The country has a very rich history of car accidents involving prominent
politicians. Liberation army commander Josiah Tongogara died when his Land
Rover vehicle was side swiped by another vehicle just before independence. A
long list of other politicians viewed as a threat to Mugabe have since
independence died in suspicious accidents.


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Passport Fees Revised

http://www.radiovop.com


HARARE, April 20 2009 - The Ministry of Home Affairs on Monday
reviewed ordinary passport charges from USd 650 dollars to USd 170 dollars
and reduced the waiting period from six months to two weeks.

 The charge for an ordinary passport have been slashed from USd 650
to USd 170 dollars. Those who require an urgent passport will have to fork
out USd 310 dollars," Co- Home Affairs Minister Giles Mutsekwa said at a
news conference in Harare.

The new passport fees will come as a relief to most Zimbabweans who
were struggling to raise the required USd 650 dollars to obtain a passport.

Mutsekwa said it would now take two weeks for one to get their
travelling document. An Emergency Travelling Document (ETD) will now cost
USd 40 dollars.

Mutsekwa said his ministry would further review downwards the fees for
passports at a later date.

"These prices are interim, the ministry is doing everything it can to
reduce the prices," Mutsekwa said.

Kembo Mohadi, the co-minister of Home Affairs said it was very
difficult to arrive at the new passport fees structure as the fees are still
high comparing to

those charged by other countries in the region.

"We have looked at the regional fees for passports, the fees are still
high. The passport is a security document and, it must have the requisite
security features," Mohadi said.

Mohadi also said the new fees are not in "retrospect at all" meaning
all those who have paid the USd 650 dollars before Monday would not be
refunded.

Children will now have to pay the same passport fees as adults, when
asked about this, Mohadi said "a passport is a passport."

The new passport fees were deliberated on and approved by the cabinet
after an outcry from ordinary Zimbabweans who could not afford the fees.

Zimbabweans have been fleeing the country to neighbouring countries
and overseas to escape the harsh economic enviroment, and in some instances
political

violence.

Other Zimbabweans have been jumping the border through illegal points,
risking their lives as they cross crocodile infested rivers.


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Zimbabwe sees gold rush, investors still skeptical

http://www.reuters.com

Mon Apr 20, 2009 6:38am EDT

* Gold producers restarting mines

* Company ownership law deterring investors

* Investors see Zimbabwe as a long term prospect

By James Macharia and Eric Onstad

JOHANNESBURG/LONDON, April 20 (Reuters) - Gold producers are re-starting
shut mines in Zimbabwe after new rules allowed them to sell gold directly on
world markets, but uncertainty is likely to block big new mine investments
for years.

The rush to re-open mines comes at a time when Zimbabwe's unity government
of President Robert Mugabe and Morgan Tsvangirai is seeking to repair a
tattered economy, but investors are holding out for major reforms.

The global credit crunch has also dried up cash for investment, and even
once this hurdle is crossed, Zimbabwe is unlikely to see new cash flowing
its way immediately.

"It's going to take a long time to build people's confidence to invest in
the country," said analyst Cailey Barker at RBC Capital Markets in London.

"In terms of a big rush into the country, I think there are far better
opportunities in other countries that people are not even doing because of
the rest of the problems with debt and capital markets."

A key stumbling block to mining investment in Zimbabwe -- which has the
world's second-biggest platinum reserves and hefty deposits of diamonds,
coal and nickel -- is a law limiting foreign ownership of mines to 49
percent.

Gold producers already in the country have jumped at the opportunity
presented by the central bank, which in February relinquished its role as
sales agent for gold, allowing firms for the first time to sell the metal
and keep all the proceeds.

This is a far cry from the previous scenario where they got 40 percent of
proceeds in Zimbabwean dollars, a currency made worthless by
hyper-inflation.

Zimbabwe's central bank, which owes gold miners millions of dollars, plans
to repay this in special foreign currency bonds.

A wave of gold firms that had shut down mines leading to near halt in output
are now seeking funds to resume business. They had shut their mines in the
face of sharply rising costs, frequent power cuts, equipment and foreign
currency shortages.

The country's biggest gold producer, Metallon Gold, London-listed Mwana
Africa (MWA.L) and Canada's New Dawn Mining Corp (ND.TO) are all planning to
re-open their gold mines within months. [ID:nLF586952] [ID:nLP431155]

"Gold producers there were scraping the bottom of the barrel in terms of
profits," Johannesburg-based gold analyst David Davis of Cr edit Suisse
Standard Securities said.

"If the rules are relaxed even further, we could see more exploration of
gold, platinum and so on, and this is what hasn't happened yet."

PUMP MORE CASH

Analysts said opportunities in Zimbabwe at the moment were mainly for those
already established in the country.

Chief Executive David Brown of the world's No. 2 platinum producer Implats
(IMPJ.J), which has the biggest mining investments in Zimbabwe, has vowed to
pump more cash into the country only if the political and economic situation
improves.

Brown met Mugabe this month in Harare and invited him to the launch of
Implats' $340 million mine expansions in the country.

A new rule revoking a special concession that allowed platinum and diamond
miners to keep offshore foreign currency accounts, has also caused
uncertainty.

The miners must now keep such accounts with local banks. But so far this
rule has not deterred some key players.

"We have had support from government and we are definitely not planning to
wind up business in Zimbabwe," Brown said.

Rival Anglo Platinum (AMSJ.J), the biggest in the sector, is also forging
ahead with its planned 150,000-ounce a year platinum project in the country.

Business hopes Tsvangirai's faction of the government can change the laws
which limit foreign ownership to 49 percent as it had promised during
Zimbabwe's elections.

"It doesn't appear as though they are willing to use their parliamentary
majority to repeal this legislation," economic analyst John Robertson said,
referring to Tsvangirai's party.

But Zimbabwe's wealth of mineral resources could attract some daring
investors, analyst Nick Hatch at ING in London said.

"If you are prepared to take a long-term view and you don't bet every dollar
in your portfolio, then it makes sense to buy in Zimbabwe," he said.

Such investors were keeping Zimbabwe in their sights.

"We have definitely seen an increase in conversation around Zimbabwe," said
Thys Terblanche, London-based head of mining and metals at South Africa's
Standard Bank (SBKJ.J).

"Now with the relaxing of the regulations, the hope certainly is that when
equity markets return, when banks start lending again and there are more
funding resources available, a lot of it will go into Zimbabwe."

See related Factbox on Zimbabwe mining [ID:nLH449463]

(Additional reporting by Nelson Banya in Harare and Julie Crust in London;
Writing by James Macharia; Editing by Keiron Henderson)


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SADC to announce Zim aid package as funds remain scarce

http://www.swradioafrica.com

By Alex Bell
20 April 2009

Finance ministers from the Southern African Development Community (SADC) are
set to announce an economic rescue package for Zimbabwe on Wednesday, a week
after a SADC deadline for funds passed last Tuesday.

SADC leaders have urged African nations to pledge financial aid to Zimbabwe's
government and almost three weeks ago set the deadline for the country's to
add their pledges to an economic rescue package. That deadline passed last
Tuesday with no hard cash promises, and only Botswana committing a US$70
million credit line to the country. South Africa, which is rumoured in
economic circles to be heading into recession, has also since promised a
credit line of US$50 million. But the credit facilities, although welcomed,
are a far cry from the cash Zimbabwe's finance ministry has all but been
begging for.

The SADC rescue package is now set to be announced in Washington at a
meeting with the International Monetary Fund and the World Bank on
Wednesday. According to Finance Minister Tendai Biti, all SADC member states
have 'firm offers' of financial assistance for Zimbabwe, although actual
figures of such financial promises are yet to be fully revealed. Biti has
explained that Mozambique has offered electricity supplies to Zimbabwe,
while Botswana is expected to participate in infrastructural development,
with Namibia expected to enter into business joint ventures with local
entities. Biti has also said that Zambia, Lesotho and Swaziland have pledged
to assist, through some form of budgetary support.

The pledges will undoubtedly fall short of the Southern African region's
promise to assist Zimbabwe in raising the huge US$10 billion that is need to
revive the country's economy. International governments have understandably
held back on funnelling aid into Zimbabwe's empty coffers, until real change
is evident under the leadership of the fledgling unity government, change
that so far has been unattainable. SADC members have been just as unwilling
as international governments to part with their money to assist Zimbabwe,
and have merely committed to Zimbabwe's fundraising and sanction-lifting
cause.

SADC leaders are now, once again, set to contend with growing anger at their
reluctance to financially support a government that they forced into being.
There has been no response from SADC over the continued violations of the
agreement holding the fragile unity government together and regional leaders
have instead made strident calls for targeted sanctions against Mugabe and
his cronies to be lifted. And while SADC makes halfhearted promises in
aiding Zimbabwe, the economic reality for most in Zimbabwe is a worrying
one. Banks stand empty, local currency is dead, and only the select few with
access to foreign currency can buy the food slowly becoming available in
stores.

Meanwhile, Reserve Bank Governor Gideon Gono, whose part in diverting money
to line the pockets of ZANU PF top-dogs has seen donor trust in Zimbabwe
completely disappear, has finally admitted to what is nothing more than
theft. In a statement released on Monday Gono admitted he took money from
the bank accounts of private businesses and foreign aid groups, without
permission, to 'keep the country's cash-strapped ministries running'.

In the past Gono has been harshly criticised for raiding foreign currency
accounts and diverting humanitarian aid in order to bankroll the murderous
regime of Robert Mugabe. Gono has now pleaded for his detractors to 'ease up'
on him, saying it's time "to let bygones be bygones."


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Zimbabwe Expecting First Tranche of S. African Funding This Month

http://www.voanews.com/

By Patience Rusere
Washington
20 April 2009

South Africa should make the first tranche of its 800 million rand (US$90
million) pledge for the reconstruction of Zimbabwe available by the end of
this month, Zimbabwean Economic Planning Minister Elton Mangoma said Monday
after a related workshop in Pretoria.

Mangoma told VOA that Zimbabwean companies are already in the process of
applying for credit under a 500 million rand facility that is part of the
South African package. The balance of 300 million rand will go to support
Zimbabwean government operations.

Pretoria pledged the 800 million rand assistance shortly after a summit last
month of the Southern African Development Community on Zimbabwean
reconstruction.

Mangoma told reporter Patience Rusere of VOA's Studio 7 for Zimbabwe that he
expects to receive additional pledges of aid from other Southern African
countries on the margins of the International Monetary Fund/World Bank
spring meetings in Washington next week.


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SADC to Petition IMF, WB to Help Zim: Biti

http://www.radiovop.com

HARARE, April 20 2009 - Southern Africa Development Community (SADC)
Finance Ministers will this week present Zimbabwe's case at the
International Monetary Fund and World Bank Spring Meeting in Washington to
source funding for the country's economic turnaround programme.

SADC Finance Ministers will this week present Zimbabwe's case at the
International Monetary Fund and World Bank Spring Meeting in Washington to
source funding for the country's economic turnaround programme.

Finance Minister, Tendai Biti said the meeting comes at a crucial time
when the government is working on programmes that could increase revenue
collection for state coffers.

Minister Biti said he will work with his SADC collegues to present
Zimbabwe's case to the donor community.

SADC recently pledged to help Zimbabwe raise the USd $8.3 billion the
government requires to fund the short term emergency recovery programme.

However, the SADC member states say that they cannot raise this amount
on their own, and will help Zimbabwe secure support from donors and
multilateral financial institutions.

IMF and the WB cut the country's lines of credit as part of illegal
sanctions in the wake of the passage of the United States Sanctions Law, the
Zimbabwe Democracy and Economic Recovery Act in 2001. (Newsnet)


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Australia not yet resuming full ties with Harare

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



      by Charles Tembo Tuesday 21 April 2009

HARARE - Australia will restore full relations with the Zimbabwe government
only when a power-sharing agreement between President Robert Mugabe and
Prime Minister Morgan Tsvangirai is implemented in full, Canberra's top
diplomat in Harare said Monday.

Speaking after meeting Zimbabwe Deputy Prime Minister Arthur Mutambara in
Harare, ambassador John Courtney said Australia was keen to see progress
towards restoration of the rule of law and de-politicisation of government
institutions such as the judiciary and the military - key areas where the
unity government has had no meaningful impact.

Courtney said: "We will make full engagement with Zimbabwe when we see
convincing progress towards full implementation of the political agreement
which at the moment has not yet happened."

The ambassador said there was possibility of big investments in Zimbabwe by
Australian private firms but only if the power-sharing government put in
place a "clear investment regime in which foreign companies can be
comfortable".

Tsvangirai, Mugabe, and Mutambara, the leaders of Zimbabwe's three main
political parties, agreed to form a unity government under a power sharing
deal brokered last year by former South African President Thabo Mbeki on
behalf of the regional Southern Africa Development Community (SADC).

Tsvangirai was sworn in as Prime Minister last February to open a new
chapter of cooperation with Mugabe who remained President.

The unity government immediately sparked hope that Zimbabweans will see
their country finally emerge from a decade of economic and political crisis.
But there is increasing doubt the cash-strapped government could flop unless
rich Western powers step in with financial support.

Australia last gave US$10 million to the Harare government to restore basic
water, sanitation and health services in Zimbabwean cities hit hard by a
cholera outbreak that has infected more than 90 000 people and killed more
than 4 000 others since last August.

But other Western nations skeptical about Mugabe's commitment to genuine
power sharing or democratic reform have demanded that the government first
implements comprehensive economic and political reforms before they can
provide support. - ZimOnline


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Govt promises to make Zim work again

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

by John Shiri Tuesday 21 April 2009

PRETORIA - Zimbabwe's inclusive government is determined to implement
necessary political and economic reforms to ensure that the country starts
working again, a senior official said on Monday.

"The Inclusive Government is determined to ensure that Zimbabwe starts
working again by engendering reforms from both the political and economic
arenas - to ensure that there is a restoration of economic stability and
growth amongst other things," Economic Planning Minister Elton Mangoma told
a meeting organised by the South Africa International Liaison Office.

President Robert Mugabe, his long term rival Morgan Tsvangirai and another
opposition leader Arthur Mutambara agreed to form a power-sharing government
to end a political stalemate after inconclusive elections last year.

The unity government immediately raised hopes Zimbabwe could finally emerge
from its crisis although rich Western countries have been reluctant to
provide financial support to the Harare government, sparking fears it could
fail.

"In line with the provisions of the global political agreement, the
inclusive government has put in place a democratisation agenda which will
yield a people-driven new constitution that would lead to free and fair
elections," said Mangoma.

Harare has said it is keen to normalise relations with the European Union,
the United States and the white Commonwealth nations that have been Mugabe's
harshest critics over his misrule.

Mangoma said there was need for Zimbabwe to reengage the international
community to mobilise support for the resuscitation of social services and
utilities.

"The international community is being mobilised for self-liquidating lines
of credit, to boost the production capacity in the country," he said,
adding; "We are humbled by the assistance that we have received from South
Africa and Botswana. We hope to finalise agreements with other SADC
countries on the sidelines of next week meetings."

Mangoma also urged the international community, including African countries
to grab investment opportunities that are opening up as a result of the
inclusive government.

He said Zimbabwe's overall investment environment offers a market-driven
economy with abundant natural resources; well-developed infrastructure which
he says only needs some maintenance as well as access to world and regional
markets. - ZimOnline


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Zimbabwe parliament gets equipment worth 150,000 dollars from China's NPC

http://english.people.com.cn/


 07:24, April 21, 2009

      Chinese Embassy in Harare on Monday gave digital recording and
conferencing equipment worth 150,000 U.S. dollars to the Parliament of
Zimbabwe, to be used for recording parliamentary proceedings.

      Chinese Ambassador to Zimbabwe Yuan Nansheng handed over the
equipment to Speaker of Parliament Lovemore Moyo at a brief ceremony at
Parliament Building.

       President of the Upper House, the Senate, Edna Madzongwe, was
also present.

      Moyo thanked China's National People's Congress (NPC) for the
donation, noting that relations between the two countries dated back to the
time when Zimbabwe was still fighting for its independence.

      "I also want to encourage you to continue helping Zimbabwe in
general and Parliament in particular," Moyo said.

      The Chinese government has made several donations to the
parliament of Zimbabwe since 2000, including mainly computer equipment and a
motor vehicle.

      In an interview, Clerk of Parliament Austin Zvoma said the
Chinese government had been very supportive of the parliament and was one of
its major benefactors.


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Police Hunt Student Leaders

http://www.radiovop.com


BULAWAYO- POLICE in Bulawayo are hunting for the student leadership of
the National University of Science and Technology (NUST) whom they have
accused of inciting students to destroy property at the university last
Thursday.

Police sources said the Law and Order Section had been instructed to
hunt down NUST Student Representative Council (SRC) president Kurayi Hoyi,
the SRC secretary general Samson Nxumalo and the Zimbabwe National Students
Union (ZINASU) treasurer Sheunesu Nyoni.

The three student leaders addressed students before the students
demonstration on Thursday.

Students at NUST went on the rampage on Thursday, destroying property
and stoning cars in protest at the university's decision to bar students who
had not paid fees for sitting for examinations.

Ten students were arrested on Thursday and were expected to appear in
court on Monday, facing charges of malicious injury to property. The 10
students who are represented by Doreen Phulu from Zimbabwe Lawyers for Human
Rights (ZLHR) are still in police custody at Bulawayo central police
station.

They are Trevor Vambe, Christopher Hwada, Brighton Mukwari, Fortune
Karimanzira, Kennedy Chizana, Michael Zvinowanda, Evans Musara, Mukai
Chigumo, Lawrence Bhebhe and Tawanda Saiti.

ZINASU confirmed three student leaders were in hiding after the
demonstration.

NUST SRC and ZINASU have petitioned the NUST Vice Chancellor Professor
Lindela Ndlovu to allow students who have not paid fees to write their
examinations in line with the government policy that no student will be
turned away over non payment of fees.

ZINASU in a statement said students who are eligible to write
examinations are less than 150 out of a total of 4000 students at NUST.

NUST also indicated in a notice on Friday last week that only students
who have proof of full payment of fees will be allowed to sit for the
examinations.


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Civil society opposes new constitution process


Photo: South African DFA
Prime Minister Morgan Tsvangirai
HARARE, 20 April 2009 (IRIN) - The creation of a new Zimbabwean constitution is severely straining relations between Prime Minister Morgan Tsvangirai's Movement for Democratic Change (MDC) and its civil society partners, who are usually united by their opposition to President Robert Mugabe's ZANU-PF.

A draft constitution was agreed by ZANU-PF, the MDC, and a break-away grouping led by Arthur Mutumbara, at a meeting in the Zimbabwean resort town of Kariba in September 2007.

What has become known as the Kariba Draft paved the way for the Global Political Agreement (GPA) between ZANU-PF and the MDC, signed on 15 September 2008, although the unity government it ushered in only came into effect on 11 February 2009 after months of political bickering.

The Speaker of Parliament, Lovemore Moyo, from Tsvangirai's MDC, announced earlier this month that a 25-member parliamentary committee comprising legislators from the MDC, Mutumbara's break-away MDC and ZANU-PF and would lead the process of writing a new constitution.

"The historic inter-party political agreement places the responsibility of leading the constitution-making process on parliament and, more importantly, provides an opportunity for the country to create a constitution by the people and for the people," he said. The committee is expected to finish the process by 2010 and subject the new constitution to a referendum by July 2010.

Lovemore Madhuku, chairman of the National Constitutional Assembly (NCA), an organization of labour movements, churches, business, human rights and civic groups, said the process should be driven by civil society, not politicians, and that they would begin campaigning for a "No" vote in the expected referendum in protest.

"As the NCA, we reject the parliamentary committee that has been announced to lead the process of writing a new constitution. The process should be people-driven and not led by parliamentarians. We will campaign against it and ask people to reject the flawed constitution during the referendum," Madhuku told journalists.

The NCA successfully thwarted Mugabe's attempt to introduce a new constitution in 2000, giving ZANU-PF its first electoral defeat since coming to power after independence from Britain in 1980.

Constitutional and Parliamentary Affairs Minister Eric Matinenga told a recent meeting of civil society representatives that "the Kariba Draft is not, and will not determine, the final constitution. The draft will only serve as a point of reference."

A people driven constitution

The Zimbabwe Congress of Trade Unions (ZCTU), the largest trade union federation and birthplace of the MDC, also condemned the fact that the new constitution would be written under the leadership of parliament.

ZCTU secretary-general Wellington Chibhebhe told IRIN: "We have always stood by the belief that a constitution-making process should be people-driven and led by an independent body of people, and that position has not changed.

''If the process is not adjusted so that it is people-driven, then we will be forced to come up with a position to say 'No' to the whole process and outcome''
"So far we have not lobbied for the rejection of the constitution when the referendum is done, the ... [issue] is about the process of coming up with a new constitution. If the process is not adjusted so that it is people-driven, then we will be forced to come up with a position to say 'No' to the whole process and outcome," he said.

Clever Bere, president of the Zimbabwe National Students Union and another MDC ally, told IRIN they were opposed to the "process of coming up with a new constitution [and it] should not be allowed to proceed.

"As civic society, we were expecting an all-stakeholders conference that would come up with an independent commission, which would take charge of coming up with a new constitution, and not politicians, as has happened."

 
[ENDS]
[This report does not necessarily reflect the views of the United Nations]


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Zimbabwe reintroduces pre-paid energy billing system

http://www.apanews.net

APA-Harare (Zimbabwe) Zimbabwe's electricity utility has reintroduced the
pre-paid billing system as part of its efforts to improve revenue collection
and power supplies amid high demand for the commodity, APA learnt here
Monday.

The Zimbabwe Electricity Supply Authority (ZESA) on Monday began a programme
of reinstalling pre-paid power metres in parts of the capital Harare, almost
a year after the billing system was suspended - citing technical bottlenecks
in the implementation.

A ZESA spokesman said the utility was working on an improved system under
which consumers would buy electricity units at ZESA outlets, service
stations and supermarkets.

Previously the units were only available at ZESA offices, an arrangement
that inconvenienced consumers who needed 24-hour service to allow them to
use it.

Under the system, consumers purchase electricity units from ZESA which they
load into the pre-paid metres installed in their homes. Customers have to
regularly top-up the units to avoid being switched off.

The pre-paid system would enable the cash-strapped ZESA to reduce the amount
it is owed by consumers and ultimately improve its ability to refurbish
dilapidated power stations, according to the utility's management.

  JN/nm/APA 2009-04-20


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NUST Students Barred From Writing Examinations

http://www.radiovop.com

BULAWAYO, April 20 2009 - Thousands of National University of Science
and Technology (NUST) students were barred from writing examinations on
Monday after armed riot police stormed the institution and sealed off the
examination halls.

Students who did not pay fees were ordered by riot police officers to
leave the examinations hall leaving only a small number of students to
proceed with the end of semester examinations.

NUST Student Representative Council (SRC) president Kurayi Hoyi, said
the university's decision to bar students from writing the examinations was
an attack on their right to education.

"We deplore the move by the university to block the students from
writing examinations, the decision is an affront to students right of
education of the students, the amount of fees being demanded by the
administration at NUST is criminal as it is beyond the reach of many
students.

"The majority of our parents are poor peasant farmers and civil
servants and cannot afford to pay these outrageous fees," Hoyi said.

Almost 80 percent of the students failed to write the examinations
according to NUST's Student Representative Council.

Last month NUST informed students that only those who have paid fees
in full would be allowed to write examinations.

The university also said those students who failed to pay tuition fees
in full wouldl be deferred and forced to repeat the semester.

Students whot paid part of the full fees were also barred from sitting
for the examinations.

Efforts to contact NUST director of Information and Public Relations,
Felix Moyo, were fruitless as he was said to be out of office.

NUST is demanding tuition fees ranging between USd 600 and USd 1 200
depending on the course being taken.

The universities have defied a government directive to reduce fees and
stick to government regulated fees.

The government gazetted fees for university are between USd 300 and
USd 500.

Last week ten NUST students were arrested after staging a
demonstration at the university protesting against the high tuition fees.


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Zimbabwe Business Watch : Week 17

http://www.sokwanele.com/thisiszimbabwe/

April 20th, 2009

The financial institutions remain hamstrung with a lack of cash to fund
business that so desperately requires support in order to survive.

Industry is still faced with high costs and retaining markets is becoming
expensive in terms of lost profit. Added to this, the global recession and
the consequential reduced demand for goods have impacted at a time when
manufacturers and miners are hard pressed.

Zimbabwe pays a premium for its petroleum products which again reduces
competitiveness. This will not change until the economic revival is funded
by western donors, which is unlikely unless the Transitional Government and
the Prime Minister are able to operate unimpeded by political intransigence.

More mining groups are preparing to begin operations that had halted over
the last 12 months.

The cost of living continues to drop which in turn has boosted the retail
sector albeit marginally.

The Hard Boiled Egg Index, which demonstrates 'fair value' of a currency,
now reflects buying power and inflation.

In Zimbabwe, 1 US$ can now buy 5 eggs, up from 4 a month ago. This also
indicates an improvement in supply and increased market competition. At 5
eggs, Zimbabwe is reaching the purchasing power parity of Mozambique, and
Zambia is sitting at 5.7 eggs per US$ currently.

Posted by Sokwanele


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Ending sanctions? Slowly does it

Comment from ZWNEWS, 20 April

By Geoff Hill

Japan and Portugal are leading the push to lift at least some of the
so-called sanctions against Zimbabwe, now that the MDC has a say in
government. Late last month, a meeting of like-minded partners - made up of
the USA and European Union (EU) countries plus Canada, Australia and New
Zealand - went so far as to "commend the reform efforts undertaken by the
transitional government," and both SADC and the AU are pushing to end
Zimbabwe's isolation. The question then is: how should it be done?

The package of sanctions took a long time to come. In the 1980s when Robert
Mugabe's troops were committing the infamous Gukurahundi genocide in
Matabeleland, there was no move to punish him; instead he was awarded
honorary degrees at American and British universities and, not long after,
the Queen gave him a knighthood. Without a whimper from the world community,
Mugabe was able to nationalise the press as early as 1981, and proceeded to
create a one-party state in all but name. Human rights were already in a bad
way by the time his land grab started in 1999, and the stolen elections of
2000 and 2002 that began the move to sanctions were not much different from
earlier polls. Given this long history of oppression, it would be rash to
engage with Mugabe until we are sure that the man and his willing band of
killers and co-accused have stepped aside to the point where they cannot
take back power once money flows to Harare. For more than 40 years from
1963, South Africa lived under increasing global isolation because of its
policy of apartheid. But in 1990, when FW de Klerk released Nelson Mandela
and unbanned the ANC, the Australians came up with a system to bring
Pretoria out of the cold. In Canberra, foreign minister Gareth Evans
proposed a gradual lifting of what were real sanctions, a slow removal layer
by layer until the world could be sure of what he called "irreversible
change" in South Africa.

The Evans plan was perfect and won endorsement from Washington, the
Commonwealth and the ANC. First, the people-to-people sanctions that banned
South African Airways from a host of destinations were scrapped and, one by
one, the other measures fell away, until finally an arms embargo dating back
to 1963 was lifted after the 1994 elections that brought Mandela to power.
At last, a democratic South Africa was able to trade, borrow and send its
sporting teams around the world. Zimbabwe needs a similar approach, with
gradual reengagement. Sanctions against South Africa were tough, though not
as harsh as those imposed on Rhodesia in 1966 by the United Nations after
prime minister Ian Smith declared independence from Britain without allowing
a vote by the black majority. By contrast, what President Mugabe refers to
as "sanctions" hardly fit the bill. Under the current ban, the president,
his ministers and advisors and their families cannot travel to most western
countries. Their bank accounts are frozen and trade is not allowed with
companies under control of Zanu PF and its leading members. It is also
difficult for a government steered by Mugabe to buy weapons or borrow money.
However, there are no sanctions applied by South Africa which is Zimbabwe's
biggest trade partner. Likewise, most of the larger economies including
China, India, Malaysia, Brazil and the oil-rich Middle East are open to
Harare, but in reality they won't lend or extend credit to a regime that -
having trashed itself - has nothing to left to trade.

The new finance minister, Tendai Biti, has asked the world to help him bring
Zimbabwe back to life, but what he really needs is charity: an injection of
aid that will resurrect the transport system, power supply and public
service. The lopsided deal that has given some power to the MDC and put Biti
in charge of treasury is a far cry from "irreversible change". Under the
constitution, President Mugabe still has the power to call a fresh general
election any time he likes. And at Zanu PF meetings around the country,
party hacks have been telling their followers to prepare for such a vote.
Think back to last year's presidential poll, the farce of 27 June when
Morgan Tsvangirai was forced to pull out because the level of violence was
so high that the MDC could not hold public meetings without its members
being attacked and even killed by army, police and the state militia. Mugabe
still controls the police, army, judiciary, TV, radio and all daily
newspapers. He has three decades of expertise when it comes to violence and
stolen votes and, and there is every reason every reason to believe his
party would like to take back parliament where the MDC now has a majority.
What Zanu PF doesn't have is the money to run an election on its own terms.
But with financial resurrection, the old guard could seize control in shot,
and they know from past experience that SADC, the AU and even the United
Nations would do little or nothing to stop them. This is why President
Barack Obama was right in February to extend the US sanctions, and why the
world must not move too fast.

Much better a cautious approach that would :

  a.. put money into programmes under direct control of the MDC
  b.. demand the privatisation of state media
  c.. create space for public debate
  d.. fund a rapid retrenchment to trim the armed forces
  e.. support amy programs that reduce Zanu PF's hold on power
  f.. spread voter education
  g.. work towards a free and fair election

Crucially, there is no need to remove the personal bans against more than
200 of Mugabe's closest allies so that, once again, they can shop New York
or quaff champagne in France. If they want to help rebuild the country, let
them do it in Zimbabwe. The measures must stay until these people are no
longer in a position to harm the nation and its people.

So what about rewards for good behaviour? It would be easy to divide the
targeted people into different categories, with the worst offenders on one
chart, lesser culprits on the second, and families of that second list on a
third. Those in the last group might be allowed a week-long visa to visit
one or two countries at a time. The not-so-baddies could be granted entry if
they convince their host that they need to visit London, Perth, Miami etc,
to perform a task vital to the new government. We might also ask them to get
a supporting letter from Prime Minister Tsvangirai. That would leave the
first list with people like Robert Mugabe, his military chiefs and those who
are linked with crimes against humanity like Gukurahundi, political murder,
abduction and, of course, torture. When a new government really is in
charge, when Mugabe and those who have destroyed Zimbabwe do not even have
one finger on the levers of power, only then should all the measures be
dropped and Zimbabwe can retake its place in world. A rapid move based on
what is so far little more than cosmetic change could just bring more
suffering. Slowly, slowly, freedom will come. Let's us not kill it in
delivery.


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Zimbabwe: Engaging the Inclusive Government - New Crisis Group briefing

INTERNATIONAL CRISIS GROUP - NEW BRIEFING

Zimbabwe: Engaging the Inclusive Government

Harare/Pretoria/Nairobi/Brussels, 20 April 2009: After years of violence, repression and a catastrophic economy, there is optimism Zimbabwe is turning a corner, but the international community must do more to make the process irreversible.

Zimbabwe: Engaging the Inclusive Government,* the latest policy briefing from the International Crisis Group, examines the opportunity for recovery from a disastrous decade with the entry of the opposition into government. There is considerable international scepticism whether the flawed arrangement can succeed. President Robert Mugabe has described the inclusive government as a temporary one in which his ZANU-PF party remains in control. But Prime Minister Morgan Tsvangirai sees it as a transitional process that can stabilise the country, leading to elections under a new constitution in two years.

“There are signs that a more constructive political dynamic is developing, including within the parliament, the one institution with some democratic legitimacy and where cross-party collaboration will be needed to pass major reform legislation”, says François Grignon, Crisis Group’s Africa Program Director.

While the humanitarian and economic situations remain dire, many schools have reopened, prices have stabilised, and basic stocks are returning to shops. As a result, the credibility of Tsvangirai, who leads the main faction of the divided Movement for Democratic Change (MDC), is rising. However, hard-line members of the security establishment are trying to cause the new government to fail by tactics that include continuing arrests and detention of activists, refusal of police to carry out some government orders and efforts to drive out the last few hundred white farmers by continued farm invasions.

To counter the risk of an attack against Tsvangirai or a military coup, a South Africa-led negotiation is needed to have the hardliners accept retirement before the elections, in exchange for limited immunity from prosecution for political crimes. It would be premature for the U.S., the European Union and others to remove their visa bans and asset freezes against key members of the Mugabe regime at this stage or to give the government direct budget support. To lessen the suffering and support the dynamics of change, however, donors should reengage and inject significant resources under a “humanitarian plus” approach that aims for both relief and rapid recovery.

“If the international community stands back with a wait-and-see attitude, the unity government is likely to fail, and Mugabe and the military establishment will entrench themselves again”, warns Donald Steinberg, Crisis Group Deputy President. “There should be no alternative to engagement to address pressing socio-economic needs, reinforce new hope and prevent a return to violence and repression”.


Contacts: Andrew Stroehlein (Brussels) +32 (0) 2 541 1635
Kimberly Abbott (Washington) +1 202 785 1601
To contact Crisis Group media please click here
*Read the full Crisis Group briefing on our website: http://www.crisisgroup.org

The International Crisis Group (Crisis Group) is an independent, non-profit, non-governmental organisation covering some 60 crisis-affected countries and territories across four continents, working through field-based analysis and high-level advocacy to prevent and resolve deadly conflict.


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Daily cholera update and alerts, 17 Apr 2009


 Full_Report (pdf* format - 176.2 Kbytes)


* Please note that daily information collection is a challenge due to communication and staff constraints. On-going data cleaning may result in an increase or decrease in the numbers.

Any change will then be explained.

** Daily information on new deaths should not imply that these deaths occurred in cases reported that day. Therefore daily CFRs >100% may occasionally result

A. Highlights of the day:

- 42 Cases and 9 deaths added today (in comparison with 314 cases and 10 deaths yesterday)

- Cumulative cases 96 633

- Cumulative deaths 4 210 of which 2 582 are community deaths

- 76.7 % of the districts affected have reported today 46 out of 60 affected districts)

- 96.7 % of districts reported to be affected (55 districts out of 62)

- Cumulative Institutional Case Fatality Rate = 1.7%

- Daily Institutional CFR = 21.4 %.

- No report received from Mashonaland West


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Shouldn’t human rights apply to all humans, even prisoners?

SITO

States in Transition Observatory

 

 

 

Shouldn’t human rights apply to all humans, even prisoners?

 

Emily Wellman

17 April 2009

 

Should the crime of stealing a piece of meat be punishable by death? In Zimbabwe’s prisons even a short incarceration period has a high probability of ending an inmate’s life, a fate that torments prisoners when they are imprisoned.

 

All human beings deserve and have the right to food, shelter, adequate sanitation, security and fair legal representation as well as just judicial processing. Section 11 of Zimbabwe’s constitution declares further that all people are protected from torture and inhumane or degrading treatment. This should apply to prisoners who are under the care of the state whilst serving out a sentence. However, the plight of prisoners in any of Zimbabwe’s 55 prisons with a capacity of 17 00 inmates, but which currently house over 35 000 has been exposed by various lobby groups and, more recently, by Special Assignment, a South African investigative television programme.

 

The images of emaciated and diseased prisoners are not easily forgotten.  The entire population of Zimbabwean prisoners are starving in the literal sense of the word unless they can rely on family or friends to provide them with food. This has, over the years, become harder and harder for kin to do with hyper-inflation rendering food out of reach for most of the population coupled with petrol and transport costs outweighing the salaries of those lucky enough to be employed.

 

Men need at least 7 000 and women 5 000 kilojoules a day. Weight loss will still occur but for short periods, life will be sustained. In Chikurubi, one of Harare’s maximum security prisons it is common for prisoners to receive only a handful of sadza (maize meal) with water and a pinch of salt. This means prisoners are living on roughly 400 kilojoules a day. The dietary ramifications of this long term malnutrition are extensive as can be seen in the rising numbers of prisoners infected with pellagra, a deficiency disease.

 

Women who are arrested whilst pregnant or those who fall pregnant from rape in custody do not have adequate nutrition to grow healthy babies, and if born, babies and young children do not have the nutrients or appropriate food types to promote healthy growth and mental development. Men and women with HIV or Aids perish quickly as a healthy and clean lifestyle cannot be lived and without food, even if anti-retroviral medication was available it cannot be administered effectively.

 

In addition, the lack of sanitation resulting in human excrement being present in all areas of the prison and cells and limited opportunities to bathe have resulted in prisons become breeding grounds for disease and opportunistic infections. Women have it harder than men as without running water or sanitary wear and only one uniform, monthly menstrual cycles have become a humiliating and unhealthy bodily function. These hardships are only compounded by the inappropriate housing of inmates. For example, mentally ill prisoners mix with the general population, women are sometimes searched by male warders and children are often held in unsuitable social situations.

 

Zimbabwe’s prisons have a rising death toll that can be as high as 20 corpses a day. These bodies are often piled into huts outside the prisons as there is no fuel for the Prison Service to transport them to local cemeteries or morgues. Family members are unable to pay for coffins legally required for burial and as a result bodies are frequently neither claimed nor buried leaving them to decompose into the surrounding soil emitting a stench which is inescapable. Some prisons have performed mass burials to cope with the bodies, but it is not clear if anyone is keeping records that include detail on where individual prisoners are laid to rest. This may make it difficult for families to locate the burial sites of their relatives should proper burial become feasible.

 

Constitutionally and morally the right to food and access to medical care are two of the most basic human rights. Zimbabwe has not ratified the Untied Nations Declaration on Human Rights. However, in addition to protections provided under its Constitution, Zimbabwe is party to international human rights treaties, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR) that privilege an individual’s rights to adequate food, water and medical attention.

 

Zimbabwe does have limited resources at present. In such an instance, the question becomes should prisons benefit from donor aid when innocent people are in as much need? While the issues surrounding reform of the justice system in Zimbabwe are numerous and complex, the same does not apply to the issue of access to food. The prison sector needs to be given a higher status when aid agencies allocate humanitarian assistance, as prisoners cannot fend for themselves. Food and medical treatment will curb the death toll and will prevent avoidable deaths in the future.

 

In the longer term, the Prison Service is in need of both institutional reform and structural improvement. The over-crowding could be eased if those in remand are either charged with a crime, or released if no case can be brought against them. Those who are in cells and have not been charged or have been victims of unfair periods of detention should again either be released or taken to court. If prisoners were detained without proper paperwork, have been tortured by state agents or are terminally ill, they too should be free if a legal reason for detaining them cannot be found.

 

Prison service officials will need training on how to run detention centres within the confines of the law. For that to transpire, the mindset of political intolerance that has been ingrained in many for the last ten years will have to be adjusted. Direction from top government officials leading by example in showing political tolerance would go a long way to helping the foot soldiers of the old regime to alter their attitudes and actions towards a more democratic dispensation.

 


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OPINION: Unity government may just work

http://www.zimonline.co.za



      by Tafirenyika Makunike Tuesday 21 April 2009

OPINION: A colleague asked me the other day what my take was on Zimbabwe's
government of national unity (GNU) established in February, bringing to an
end a decade of political bickering and economic meltdown.

"It may just work," I remarked, "as both sides seem tired."

President Robert Mugabe is tired of shouting expletives at Britain and the
United States (US) while the country sinks deeper and deeper into an abyss.

On the other hand former opposition Movement for Democratic Change (MDC)
party leader and now Prime Minister Morgan Tsvangirai is tired, as Charles
Mungoshi would say, of "Waiting for the Rain" while the light at the end of
the tunnel disappears under a torrent of sludge and raw sewage-induced
cholera.

Even for the Southern African Development Community (SADC) leaders who spent
hours on end coaxing Zimbabwe's belligerents to come together it has been a
tiring exercise which they may never want to repeat.

This sets the scene in my view for a successful transitional phase and a
perfect compromise.

I spent slightly over a month in Zimbabwe from the end of last year to early
this year and I believe this entitles me to some opinion on the country's
state of affairs.

Let me say upfront that Zimbabwe does not have a poverty problem but a
governance problem. All the other issues like sanitation and hunger are just
symptoms of the main problem.

All our energies should be directed at ensuring that the country should
never sink again to the level we allowed it in the past 10 or so years.

While I was in Zimbabwe I had the opportunity to visit townships that
include Kuwadzana, Budiriro, Glen View, Dzivarasekwa, Mufakose and Highfield
in the capital Harare, as well as Sakubva in the eastern border city of
Mutare and I saw for myself raw sewage flowing in these areas while hordes
of children played in the streams.

I had last seen such rivers of raw sewage in Maputo, Mozambique, way back in
2000 at the height of their national confusion and even back then I could
not understand how all those people driving state-of-the-art Mercedes Benz
cars could pass through splashing sewage without doing anything about it.

Why do we as Africans always set lower standards of governance for
ourselves?

I also managed to drive to Manica Province in Mozambique, all the way to
Chimoio and to Nyamapanda border through Tete in Mozambique to Blantyre and
Mulanje in Malawi. I was amazed at how poor people are doing more in these
countries with less.

Virgin land has been cleared all the way to Tete and beyond and I saw a
thriving maize crop that I have not seen in many years. The maize crop on
the intensive small-scale farmlands of Malawi, our saviour last season, was
a joy to watch.

Using Joseph Made's school of post-harvest economic deduction I can safely
say Malawi is heading for a bumper harvest unheard of in recent times and
Mozambique may just make it, while Zimbabwe will be back with an even larger
begging bowel.

I was at the City of Harare's Health department and could not get some place
inspected because the department has not seen the forms on which
Environmental Officers put their ticks since October last year.

This is how far we had fallen while our leaders were twiddling their thumbs
and failing to come up with mature decisions.

Funny how nobody in the Zimbabwean system raised issues of sanctions when
they were buying latest double cabs and all-terrain vehicles, plasma TVs and
other paraphernalia for the boys. It only became an issue when it was time
to buy essentials like water treatment chemicals.

I wondered loudly when I was with a certain industrialist in Harare why
Zimbabweans allowed central bank governor Gideon Gono to perpetrate such a
pervasive patronage system as seen in the country over the last few years.

His answer was that in the absence of leadership the man had become so
powerful that your business could be starved of foreign currency, your bank
of cash if you dared to oppose him.

Gono made sure everyone who mattered in the system could even have a loan
granted in foreign currency but paid back in Zimdollars. As beneficiaries of
the system no one dared criticise the obvious.

Now that we are in the transitional period it is important that we never
grant any individual such enormous powers over the affairs of the nation.

I happened to have been listening to Radio 2000 in South Africa recently
when the lady who was on air spoke about how she had had a drink with the
future wife of Zimbabwe's Finance Minister Tendai Biti who explained to her
what was going to happen in Zimbabwe.

I would like to encourage our leaders to stop speaking to us about their
vision of Zimbabwe through intervening variables.

This condescending attitude was perfected by Mugabe himself. He would rather
speak to Sky News, or some journalist from Asia or East Africa instead of
calling his sidekick from the national press association to explain his
views.

You would never see US President Barack Obama on Al Jazeera explaining his
stimulus package before he explains it on American TV.

People who come out of a deep crisis like Zimbabwe has been have a tendency
to search for a messianic leader and when they cannot get one there is a
preponderance to create one to take them to the promised land.

What we need to put in places are good future systems. I believe this
transitional period is the moment to bring our old friend Lovemore Madhuku
and his National Constitutional Assembly team into the system. Other
stakeholders such as labour, churches and business must also come in to play
their part in the development of new standards of governance.

We should never again abdicate our responsibility on the governance of our
country while we watch from the sidelines and expect SADC or former South
African President Thabo Mbeki and others to do something about it.

The truth will set one free and this business of calling every politician
honourable and sitting them in the front pews of the church when they visit
needs to stop. There is nothing honourable about presiding over spewing
sewage, proliferating potholes and unending queues.

Let us accept that the international community will not do anything for us
until we do something for ourselves. Let us stop being perennial crybabies
and be decisive. - ZimOnline

Tafirenyika L Makunike is a Zimbabwean consultant currently based in South
Africa and can be contacted on Makunike@mweb.co.za


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PEACE WATCH of 18th Apri 2009 [Three Released on Bail]

PEACE WATCH

[18th April 2009]

Newsflash

Last 3 Abductees Released on bail:  Andrisson Manyere, Gandhi Mudzingwa and Chris Dhlamini have been at last released on bail.  Justice Hungwe had granted them bail on 9th April, but the State immediately blocked their release by notifying its intention of appealing to a judge of the  Supreme Court against bail.  But the State appeal was not lodged within the 7 days stipulated by law.  In an unfolding legal drama, although the State managed to get the required permission to appeal, this was not obtained in time and the three had already become entitled to their liberty and they were released on bail on Friday evening.  So, on this occasion at least, the delays that have dogged these cases worked in favour of the abductees.

Update on Peace Worker Abductees

Jestina Mukoko and Broderick Takawira of the Zimbabwe Peace Project are still facing criminal charges – as members of the recruiter group.  They are both out of custody on bail and trying to recover from their experience of being abducted, “disappeared” and tortured. 

Update on Political Abductees

All the abductees – the group of 9 accused of recruiting for training in insurgency and the group of 7 accused of sabotage and bombing – are now out on bail.  [See end for summary of court cases since 31st March.]  Like the peace workers they are trying to heal from their experiences of having been “disappeared” and tortured.  After the experience that these “hostages to political expediency” have gone through, the conditions they need to recover from their experience are still not being met.  In spite of being treated medically for their injuries and medical conditions caused by their torture and detention in bad conditions, they are not being allowed to recover emotionally from their ordeals.  The first priority after such an experience is to feel safe and then after that to try and normalise one's life again.  None of the abductees feel safe after such an experience – they were abducted when going about their normal life and they feel they could be abducted and just “disappear” again, this time never to be found.  The constant reporting to police demanded by their bail conditions reminds them of their ordeals, the constant court cases keep them in a state of tension and make them feel vulnerable and exposed.  None of them can pick up on normal life with the threat of a trial hanging over them

Trial Dates Finally Set

·   8th June for Fidelis Chiramba, Concillia Chinanzvavana, Emmanuel Chinanzvavana, Pieta Kaseke, Violet Mupfuranhehwe and Collen Mutemagau on recruiting charges [the recruiter group has been split into two for purposes of trial]

·   29th June for the bomber group [Chris Dhlamini, Gandi Mudzingwa, Andrison Manyere, Zachariah Nkomo, Regis Mujeyi and Mapfumo Garutsa]

·   20th July for Jestina Mukoko, Broderick Takawira and Audrey Zimbudzana [the rest of the recruiter group] on recruiting charges.

Jestina Mukoko's Supreme Court case, raising the breaches of her constitutional rights by State agents [abduction, illegal detention, torture, etc], is likely to be heard in May.  Success in this case could result in the termination of the criminal proceedings against her if the Supreme Court considers that to be appropriate redress for breaches of the Constitution found to have been committed.  This would be a test case that could be applied the others.

Are These Trials Necessary?

There is a widespread conviction in the country and outside that the charges against the abductees are trumped up and politically motivated – that the abductees are the unhappy victims of cynical manoeuvring by the then governing party and its agents in the tortuous run-up to the formation of the Inclusive Government and now as part of a behind-the-scenes bargaining process in which the old guard seeks a blanket amnesty for all past wrongdoing.  This conviction is bolstered by the perception that the determination with which the State is persisting with the cases is not matched by action against those accused of notorious crimes against MDC-T supporters, including the torture of the abductees.  Another suggestion made is that their lengthy illegal incarceration, coupled with the torture to which they were subjected by State Security personnel, renders criminal proceedings against them an abuse of the process of the court. 

Do these cases really have to come to trial?  No.  While it is true that no-one, not even the President, can order the Attorney-General to drop the charges [Constitution, section 76(6) and (7)], there would be nothing wrong in principle were the President or the party principals or JOMIC to convey to the Attorney-General a strong belief that the national interest would be best served by stopping these proceedings at once.  And it would be in order for the Attorney-General to accept that advice and withdraw the charges.  [There is no constitutional or legal principle that prevents him doing so.] 

Persisting with the charges is also doing nothing for the national healing process.  It could be the first concrete action of the Organ of National Healing headed by Minister John Nkomo [ZANU-PF], Minister Sekai Holland [MDC-T] and Minister Gibson Sibanda [MDC-M] to press for the  charges to be dropped as a gesture of reconciliation.  It would show the nation that they are in earnest.  These cases are a running sore, and damage the image of the new government.

The Organ could also show its commitment to national healing by backing enquiries in Parliament on the use of torture by police and State security personnel, to ensure not only that the practice is stopped, but also that perpetrators are brought to book.

New Allegations of Torture by Police

Seven farm workers who were arrested ten days ago have alleged that they were all brutally tortured by the police in an effort to force false statements from them.

Questions on Torture in Parliament Not Answered Satisfactorily

On 1st April the Ministers of Home Affairs faced two questions about torture in the House of Assembly:

1.  Why has Zimbabwe not ratified the UN Convention on Torture?   

Minister Mutsekwa [co-Minister of Home Affairs] said he was trying to ascertain why papers prepared in 1995 for Parliamentary approval of the Convention had not been processed.  This should be pursued, as the real question is if the Government is going to take the necessary steps for  Zimbabwe to become party to the Convention.  The same question arises for the important Optional Protocol to the Convention.  Getting Parliamentary approval of the Convention and the Protocol is a necessary step in the process, but the decisive final step is for the Government to file the appropriate legal documents with the United Nations.  [See further below.]

2.  Whether the ministry has approved the alleged torture of suspects as a means of getting confessions, and, if not, why suspects are still being tortured and evidence obtained through such means used in courts?

Minister Mutsekwa said the Ministry does not approve of this and pointed out that such confessions are not admissible in court. Disappointingly, this answer fell noticeably short of an outright condemnation of torture as conduct totally unacceptable in principle. 

The Government must do better than this if it is improve its credibility in Zimbabwe and internationally.  The formation of the Inclusive Government has raised expectations that not only would torture be a thing of the past but also that torturers would be brought to book.  [Torture is prohibited by our Constitution and constitutes a serious criminal offence.]

A Suggestion: Action Plan for Joining up to Torture Convention and Optional Protocol

·   Section 111B of the Constitution requires prior Parliamentary approval before Zimbabwe becomes party to international treaties and conventions.  Approval is granted by resolutions passed by both Houses.  The appropriate resolutions approving the Convention and the Optional Protocol could be passed by the Senate and the House of Assembly as soon as Parliament resumes sitting in May. 

·   Because Zimbabwe was not a signatory of the Convention and the Optional Protocol when they were drawn up in 1984 and 2002, respectively, the technical procedure for becoming party to them is for the Government to lodge instruments of accession with the Secretary-General of the United Nations.  An instrument of accession is a simple legal document signed by the President on the recommendation of Cabinet.

Suggested targets for action:

·   Parliament to approve Convention on Torture and the Optional Protocol to the Convention not later than 21st May

·   Government to lodge instruments of accession with the United Nations before the 26th June [26th June is the anniversary of the coming into force of the Convention in 1987 and is recognised as "International Day in Support of Torture Victims"].

Update on “Political” Court Cases

The “recruiter group” [9 persons accused of recruiting persons for training as terrorists, saboteurs or insurgents]

9th April – their case came up again at the magistrates court on – the date on which the State had previously undertaken to serve the formal legal documents indicting them for trial before the High Court ["indict papers" state the charges in detail, give date of trial, summarise the State case, list State witnesses, etc].  The Director of Public Prosecutions gave the excuse that the papers were not ready because of a breakdown of typing and printing facilities in the Attorney-General’s Office and asked for a further two weeks’ remand in which to complete preparation.  Despite the defence lawyer’s objection, the magistrate remanded all the accused until the 24th April – but relaxed the reporting condition [from twice weekly to once weekly] and scrapped the travel restriction. 

The “bomber group” [7 persons accused of sabotage]

9th April – bail was granted to the 3 still in custody [4 have been on bail for some weeks]. The State blocked release initially, but this has now fallen away and they were released on bail on Friday [see Newsflash at beginning].  Their case will come up again in the magistrate’s court on 29th April when  the State has said it will be ready with the documents indicting them for trial before the High Court commencing 29th June.

[Note:  Once the State has served the "indict papers" there will be no further need for regular magistrates court remand hearings – the next court hearings will be when the various High Court trials commence.]

Roy Bennett

Roy Bennett is next due in Mutare Magistrates Court on 21st April for a remand hearing.  He is on bail awaiting  trial on allegations of possessing arms of war in 2006, contrary to section 10 of the Public Order and Security Act.

Dr Tichaona Mudzingwa

Dr Mudzingwa's trial in the High Court has been postponed to 27th April.  He was arrested in April 2008 on accusations of attempting to cause disaffection among members of the defence forces by misinforming soldiers that Mr Tsvangirai had won the March 29 Presidential election.  Dr Mudzingwa's trial has now been held up on five separate occasions because a senior Army officer has repeatedly failed to turn up to testify as a State witness, pleading the call of official duties.  Dr Mudzwingwa, a physician who has distinguished liberation war credentials, is the MDC's secretary for defence and home affairs.  He now serves as Deputy Minister of Transport in the government of national unity.   

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


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Bill Watch Special of 20 April 2009 [Human Rights Commission Imminent]

BILL WATCH SPECIAL

[20th April 2009]

Setting up of Human Rights Commission Imminent

Minister of State in the PM’s Office has said this Commission will be established within the next few weeks.

This leaves little time for public participation in the appointment of the chairperson and members of the Commission.  It is not even clear how consultative the process of appointment will be [see below] so the first step is to lobby Parliament to have public hearings and/or receive submissions from the public.  At the same time it is hoped that civil society networks will embark on wide-ranging consultations so that a consensus can be reached on recommendations for membership of this important Commission to forward to both the Judicial Service Commission and to Parliament.  It is only through an open and transparent process that the public will have faith in such a Commission.

Constitutional Provisions for Commission Already in Place

Constitution Amendment No 18 of 30th Oct 2007 made provision for the Human Rights Commission – it amended the Constitution by adding section 108B, which stated “There shall be a commission to be known as the Zimbabwe Human Rights Commission”.  The section provided for:

the composition of the Commission

·    a chairperson, who must be a registered legal practitioner of at least five years' standing, appointed by the President "after consultation with" the Judicial Service Commission and the Committee on Standing Rules and Orders [meaning that the President must consult the two bodies but does not need their approval of his choice]. 

·    eight other members, at least four of whom must be women, appointed by the President from a list of sixteen nominees submitted by the CSRO.

All persons appointed to ZHRC must be chosen for their "knowledge of and experience in the promotion of social justice or the protection of human rights and freedoms". 

the functions of the Commission

·    to promote awareness of and respect for human rights and freedoms

·    to monitor their observance

·    to investigate alleged violations by any authority or person

·    to assist in preparation of reports fulfilling international convention obligations

Constitution Amendment 19 [giving effect to the Inter-Party Political Agreement] reiterates the establishment of this Commission under Amendment 18 – the only difference is it uses the words “There is a commission …” and the section in the Constitution is now section 100R.  The provisions for the appointment of commissioners and the functions of the Commission are exactly the same.

Is it necessary to pass an Act of Parliament before the ZHRC is set up?

No.  The provisions of section 100R are sufficiently comprehensive to enable members of the Commission to be appointed now.  It would have functions to carry out and some powers to back up those functions.  Greater powers would be desirable, but they can come later.  [The Constitution also states that there could be a supplementary Act of Parliament which may confer additional powers on the Commission, such as powers to visit and inspect prisons and similar places of detention to ascertain conditions under which inmates are kept, and powers to provide appropriate redress for violations of human rights.] 

Role of Parliamentary Committee on Standing Rules and Orders

The nomination of candidates for appointment to extra-Parliamentary bodies is a relatively new function for CSRO.  It calls for the working out of new procedures, because It would clearly be inappropriate for CSRO to apply the procedure it has already followed in making appointments to the Parliamentary Portfolio Committees and the Select Committee on the Constitution, i.e., CSRO took the total number of people required, divided that number among the political parties roughly in the proportions 3:3:1, and simply accepted the names put forward by the parties. 

Merely sharing the available posts among the three political parties would be inappropriate for deciding on lists of nominees for appointment to Independent Commissions.  Party affiliation should certainly not be one of the criteria.  Nominations should be made on the basis of impartiality, independence from government influence and the qualities stipulated by the Constitution of "knowledge of and experience in the promotion of social justice or the protection of human rights and freedoms". 

 

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


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Unity governments are retrogressive

http://www.thezimbabwetimes.com/?p=15437

April 20, 2009

By Elias Mhegera

DAR ES SALAAM - The emerging trend in Africa where defeated incumbents
insist on remaining in power as partners in 'government of national unity'
is retrogressive and should not be entertained, 1986 Nobel Laureate Wole
Soyinka has said.

Prof Soyinka aired this view on Monday when responding to a question from a
participant to the Julius Nyerere Intellectual Festival Week, who wanted to
hear his view on democracy and so-called unity governments.

He said governments thus created were in essence a negation of democracy.

Prof Soyinka, who was on Monday installed as Mwalimu Nyerere Annual Lecturer
2009, said African solidarity as exemplified by leaders in the continent
should not go to the extent of undermining the democratic process. He cited
the aftermaths of Kenya and Zimbabwe's general elections in 2007 and 2008
respectively.

"We cannot entertain solidarity with African leaders who undermine the rule
of law and good governance as it happened in Kenya and Zimbabwe; but rather,
we should tell Mugabe and Kibaki that they are not legitimate
leaders," said Soyinka.

He noted that African leaders were failing to criticise themselves on issues
of corruption and violation of human rights.

"There is no defence for an inefficient government and we should not wait
for the powers from Europe to come and say so, we should have our on ways of
criticising ourselves," he stressed.

He said that Africans must respect democratic ideals as they are stipulated
in their constitutions.

"The human society must be guided by principles of integrity, each human
integrity contributes to the whole large, therefore it must be given due
respect," he said.

He hit out at leaders who went to the extent of seeking to amend to their
country's constitutions so that they run for a third term or indefinitely,
saying these are the selfish type whom the continent should get rid of.

The professor argued that leaders proclaim there is democracy in the
continent should be prepared to relinquish power once they lose during an
election.

In reaction to Prof Shoyinka's talk, two ambassadors came in defence of
their leaders. Zimbabwe's Edzai Chimonyo said Soyinka is a victim Western
media propaganda against Zimbabwe.

On Monday Prof Soyinka said it was in order for President Omar al Bashir to
face the International Criminal Court since Africa has failed to check the
effects of his regime's failure in Darfur.

For his part, Sudanese Ambassador to Tanzania Abedelbagi Kabeir said those
who call for indictment of al-Bashir were fanatics of Western campaigns and
were doing so without any supporting research on "the internalities of
Sudan".

For his part, Soyinka said that he stands by his position because he has met
with victims of the brutality of the two regimes both in the US and in South
Africa where victims of Mugabe's arbitrary rule had gone to seek
international support.


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Three Letters from Correspondents

The President.

The Movement for Democratic Change (MDC),

Harvest House,

44 Nelson Mandela,

Harare, Zimbabwe.

20 April 2009

Dear President Tsvangirai,

Letter of Resignation

I write to inform you that I have decided to resign my membership in the Movement for Democratic Change (MDC). After pondering over the matter very carefully and with a heavy heart, my life experiences, conscience and principles do not allow me to carry on with a party that is now an enthusiastic partner of ZANU (PF) and an aide-de-camp to its unrepentant criminal gangsters.

Previously the MDC gave me, and a multitude of Zimbabweans, the belief in change brought about through the process of free and fair elections. I am a social democrat who is in opposition to ZANU (PF)’s archaic policies, Maoist ideology for a one-party state, Marxist/Leninist theories and racist and divisive ethnicity agendas.

The MDC had the people’s mandate to oppose the government of Mugabe and to peacefully remove this group of criminals from power. The MDC has squandered its political goodwill. It stubbornly continues to pursue a direction that is repulsive, at variance and in direct conflict with its founding principles.

I have been a loyal member of the MDC for ten years. I was one of its pioneers, toiled during the painful formative years, and suffered in its embryonic stages under the brutal repression of its new bedfellows. During that time, using my own funds and resources, the MDC grew from a small group of dedicated activists in isolated urban centres to a national party with vibrant structures in all twelve provinces of Zimbabwe.

We gave personal guarantees to political heretics and to vulnerable rural dwellers. Our unshakable belief in change made us put our necks on the block for the MDC. The change we espoused has since evaporated and been replaced by a top-heavy GNU with its tentacles of corruption.

The continued farm invasions, absence of the rule of law and the proposed drafting of the new constitution by a handpicked group of politicians—and the MDC’s amenity to granting amnesty to torturers, murderers and rapists—is untenable.

It has become apparent that the MDC National Executive has repudiated its mandate to the ordinary people. It has failed to disclose the details of the secretive talks that led to the Memorandum of Understanding (MOU) and the Global Political Agreement (GPA) that created the GNU. The MDC now panders to the whims of external, powerful special interest groups and fringe politicians who have ring fenced the party’s executive for their own selfish gain.

I can no longer defend the indefensible. The MDC, which was founded upon solid democratic values, was once an African model for transparency and inclusive debate. Today the regrettable feature of this backward-looking GNU has rendered the MDC a distant, exclusive, elitist assemblage now devoid of good governance ethics.

Factionalism has taken root and the skewed ethnic and gender inbalance of the bloated MDC cabinet line-up is raw evidence against inclusiveness.

On 13 October 2005, the MDC split into two factions over whether to participate in another ZANU (PF) gravy train scheme, the Senate. These two factions, the MDC-M and MDC-T, have permanently split. Opportunistic politicians have failed to unite and revert to the original MDC and its robust democratic ideals.

It is unfathomable that democrats of yesteryear now prefer cohabitation with ZANU (PF) and have become conjoined at the hip with purveyors of tyranny. 

The Senate is an unnecessary drain on the fiscus and an appendix to the democratic process in Zimbabwe. It is now home to the most aloof professional politicians who lost in a democratic election only to be rewarded through a patronage system, which derails the tenets of political fair play.

I wish the MDC the best of luck with the GNU.

Sincerely

 

Phil Matibe

"An army of sheep led by a lion will defeat an army of lions led by a sheep" --------------------
UNILATERAL HANDOVER OF A COMPANY TO ZIMBABWE DEFENSE FORCE BY RBZ GOVERNOR

PLEASE HELP IN MAKING THIS PUBLIC ON YOUR WEBSITES OR IN YOUR NEWSPAPERS. I WRITE THIS ON BEHALF OF THE AGGRIEVED STAFF OF ST LUCIA PARK WHO ARE TOO SCARED TO MAKE THIS PUBLIC OR TAKE IT TO THE COURTS, EVEN THOUGH THEIR RIGHTS HAVE BEEN INFRINGED.
 
ST LUCIA PARK CONFERENCE CENTRE IN MARLBOROUGH WAS HANDED OVER TO ZDF UNILATERALLY BY GONO ON THE ADVISE OF DIVISIONAL CHIEF MOMBESHORA, EVEN THOUGH IT IS IN PARTNERSHIP WITH ZIMRA. THE ZDF THEN HANDED THIS PVT LIMITED COMPANY TO SADC RPTC WHO ARE SET TO MOVE IN DESPITE ISSUES TO DO WITH CORPORATE GOVERNANCE, COMPANY LAW, LABOUR LAWS OF THE COUNTRY THAT HAVE NOT BEEN COMPLIED WITH. ZIMRA MAINTAIN THAT THEY ARE NOT AWARE OF THIS ISSUE. ACCORDING TO COMPANY LAW, ZIMRA AS A 50% SHAREHOLDER WERE SUPPOSED TO HAVE FIRST RIGHT OF REFUSAL.
 
THE FATE OF STAFF TO DATE IS UNKNOWN BUT SADC IS READY TO MOVE IN ON FRIDAY 24TH APRIL, BEFORE ISSUES RAISED IN A WIDELY CIRCULATED PETITION HAVE NOT BEEN RESOLVED.
 
THE STAFF PETITION SENT TO THE ST LUCIA BOARD OF DIRECTORS AND THE CURRENT SHAREHOLDERS ( RBZ AND ZIMRA), HAS BEEN IGNORED, STAFF HAVE NOT RECEIVED FORMAL COMMUNICATION ON THE HANDOVER/TAKEOVER OF THE COMPANY OR WHAT WILL HAPPEN TO THEIR EMPLOYMENT CONTRACTS WITH THIS COMPANY WHEN THE NEW OWNERS TAKE OVER.
 
THERE IS GENERAL FEAR AND INTIMIDATION BEING INSTILLED IN STAFF AND MANAGEMENT. THE STAFF HAVE TO TAKE IT OR LEAVE IT, DESPITE HAVING SERVED THE COMPANY LOYALLY FOR MANY YEARS ( OTHERS EVEN 20 YEARS)
 
THE FATE OF CLOSE TO 70 MEMBERS OF STAFF AND THEIR FAMILIES IS AT STAKE YET SADC, A REGIONAL BODY, IS TURNING DEAF EARS TO ISSUES OF CORRUPTION RIGHT BEFORE THEIR EYES AND LACK OF RESPECT FOR PROPERTY RIGHTS.
 
NOT ONE OF THE EMPLOYEES WANT THEIR NAMES QUOTED FOR FEAR OF FURTHER INTIMIDATION AS IT IS THE ARMY INVOLVED. ALL THEY WANT IS FAIRNESS , THEY ARE READY TO MOVE ON WITH THEIR LIVES.
 
WE URGE YOU TO INVESTIGATE THIS STORY FURTHER, BUT PLEASE BE AWARE THAT THE 24TH APRIL IS THIS WEEK FRIDAY. WE ASK FOR YOUR HELP IN ENSURING THIS STORY IS MADE PUBLIC BEFORE FRIDAY 24TH APRIL......
 
 
SYMPATHISER

--------------- DISINVESTING IN AFRICA'S FUTURE

I would like to categorically express my unflinching disgust over the recent
Africa University's decision to bar students who failed to pay outstanding
fees from witing end-of-semester exams in time with others. This diabolical
decision is not only inconsistent with the University's own regulations but
is a direct violation of human rights by an institution that masquerades as
a 'Church related institution'. One indeed question the wisdom and biblical
ethics of a decision that seeks to deprive students of their fundamental and
inalienable right to education. Article 13(2)(c ) of the International
Covenant on Economic, Social and Cultural Rights clearly stipulates that
higher education is a right. In addition the University's own regulations do
not stipulate that A STUDENT SHALL BE BARRED FROM WRITING EXAMS ON THE BASIS
OF OUTSTANDING FEES.

Notwithstanding the fact that the Board of Directors is in terms of the
regulations empowered to revise and amend University regulations from
time-to-time, but this insensitive and ungodly decision could not have
prevailed if these "Holy Men and Women of God" were indeed guided by
Biblical Ethics. You would agree with me ladies and gentlemen that this is
the first time that this University under the 'able leadership' of a
"pro-Students Vice-Chancellor" and a learned Senate has taken this hardline
stance in flagrant ignorance of section 1.1.8 of the Academic regulations
which specifically propounds that no students shall be disadvantaged by an
introduction of a new regulation that was not applicable when that student
commenced studies. It further provides that no regulation shall be applied
in retrospect. Ladies and Gentlemen you do not need a robotic professor or
Proffessor Jonathan Moyo neither do you need Proffessor John Makumbe to tell
you that the University decision as expressed in the 16th April 2009
memorandum has no merit given the contents of University regulations. Had
the University wanted to implement this decision this current academic year
it would have applied this decision in August 2009. Comrades let it also be
known that the University's decision to fleece us the US$900 towards the end
of last semester which has made the majority of students failing to meet
their obligations this semester was again applied in retrospect and has no
legal basis hence can be subjected to the microscopic lens of our judicial
system.

The University Authorities in their 16 April 2009 memorandum item (iii)
advised that "students who will not be able to sit for (the current/ongoing)
exams.will be allowed to do so as a first sitting from Monday 03 to Friday
14 August 2009, provided that such students will have paid up their
outstanding second semester fees;". Comrades this indeed looks like a very
sensitive and compassionate suggestion from a "pro-students" administration.
Comrades don't be fooled by these crocodile tears for there is nothing
compassionate or sensitive about a decision that seeks to deprive you to
write your exams at a time when you have adequately prepared for the exams.
The suggestion is flout with a lot of inconveniences. It means our fellow
International Students who were supposed to be enjoying their long holidays
will be forced to endure the whole semester holidays here if they are not to
go for the holidays in their countries. It also means that for those who may
have had their permits expiring and had no intention of renewing should get
ready to fork out some hard earned money to extend their permits. For the
final students it means you will not be able to join others in celebrating
your academic accolades with others, something that the pro-students
administration now views as a privilege. For the continuing students it
means that you are now being subjected to the torture of continuously
reading for six months for a course that requires three months serious
concentration. Ladies and gentlemen this is indeed psychological torture
from a "church related institution" guided by 'Biblical ethics'. By being
denied our fundamental and inalienable right to write what we have been
preparing for the past three months the University has not only deprived us
in terms of time and financial resources but it has subjected us to
unwarranted embarrassment which is a degrading and inhumane treatment, the
least that could be expected in an academic environment. I challenge the
University administration to show cause why their decision should not be
categorized as inhumane and degrading, when over 50% of the students have
been scandalously denied access to the examination room.

Comrades let me also bring to your attention the concept and processes of
registration. The University regulation provides that a student shall be
taken to have registered if he/had paid fees, the registration form is
signed by the faculty dean and lodged with the Academic affairs.  Having
undergone this process it shall be taken that a student is fully registered
for the courses. I know ladies and gentlemen the University would argue that
you did not pay your full fees in full, but let me hasten to argue that the
University regulations does not provide that one needs to pay the fees in
full to register. Moreso, the definition of paid fees can be subjected to
intellectual scrutiny as it is rather vague. It does not specify that one
needs to pay in full. The statement that one should have paid fees and the
other statement that, ".only students who have paid their fees in full." are
completely different. To that end I don't see the wisdom of the University
decision as there is there is nowhere in the University regulations where it
is cited that one should be fully paid-up to write an examination.

Moreso, there are no provisions in the University statutes that one should
produce a clearance letter in order to write examinations. Instead the
University regulations provides that one should have registered for the
course and attended classes inorder to write end of semester exams and these
are the very examinations ongoing. The 03-14 August 2009 examinations are
for those who would have failed to make it in the first sitting. Comrades,
let it be known to you all that the University has flouted its own charter
and the ethics under which it was founded by denying over 50% of students
from writing their exams now.

The University's goal or motto reads, "Investing in Africa's Future". This
is indeed sounds a very intellect noble cause which promotes our inalienable
rights to education and prepare future African leaders. My question
therefore to the University authorities is their commitment to this
principle. Is the University investing in Africa's future when over 50% of
its students are denied access to write exams at the very moment when they
have worked tirelessly for the whole semester? Is this really investment
when after fleecing over US$1000-2000 in fees you bar the students writing
the exams on the pretext that there is still some outstanding $200, $400,
$500 or $1000 fees? Please let the University authorities clarify the form
of investment that they are now launching. You really do not need man of
high intellect to tell you that this is disinvestment. Investing in Africa's
future leadership does not transcend to undermining basic human rights like
a right to education.

There has been this ordinary joke in the Administration corridors, that this
is a private University. Are private Universities or institutions licensed
to undermine fundamental human rights like right to education. Are private
Universities allowed to subject students to untold psychological trauma
which is indeed degrading and inhumane? Only the University authorities are
best qualified to answer these questions. Most importantly, there is no
student who had refused to pay the fees. The University private as it is,
has even provided in its own statutes that one can even pay in installments.
It even stipulates that if one fails to pay up the installments as agreed
the University shall charge an interest at the end of the semester. It does
not say, a student shall be barred from writing exams. Moreso ladies and
gentlemen it is an insult to our intelligence for men and women of academic
integrity to provide such myopic arguments that this is an "elite
 university".  Such an argument is not only disgusting but is a vicious slap
on the letter and spirit of the values under which this University was
founded. Today,  ladies and gentlemen the bones of Bishop Hartzell are
trembling with anger because of this most insensitive, diabolical and
unconstitutional decision.

The History of this Institution shall judge the current crop of leadership
running this institution harshly for subjecting the already traumatized and
innocent African student to such unwarranted punishment. It is indeed
inhuman and degrading to punish one because he/she comes from a humble
background and this is the course that those who prophesy to pro-students
have decided to pursue.

I therefore demand that the University authorities must revise their
decisions and allow students uninterrupted access to the examination room. I
further demand that the University reschedule examinations before the end of
semester for those students who have already lost their exams.

Let Us Unite and Stand for Our Rights. Don't give up the fight. Let us be
guided by the spirit of oneness. In this struggle let also be guided by the
spirit of non-violence provided by our forefathers Mahtma Gandhi and Martin
Luther King. Any eye for an eye makes the whole world blind. Let no single
chair nor minute desk-pin be destroyed in the name of fighting this
struggle. Let us continue to be guided by the principles of Peace and
Justice. Indeed victory is ours and is indeed certain. Don't be intimated.
The worst enemy in this peaceful struggle is fear itself.

Let us refuse to fall prey to the whims and caprices of an oppressive
system. We refuse to be concorted by the polluted minds of the "elite". Let
us rise together as the sunshine in challenging this decision. Lets send a
clear messages to those in the corridors of power that never ever again
shall we let their acrimonious decisions prevail unchallenged!!!!!

INJURE ONE, INJURE ALL

ALUTA CONTINUA

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