http://www.washingtonpost.com
By Associated Press, Updated: Thursday, April 26, 2:06
AM
HARARE, Zimbabwe — Zimbabwe’s prime minister said Wednesday that the
nation’s
“bad and poisonous politics” have held back recovery and investment
in the
troubled economy.
Morgan Tsvangirai said the three-year
coalition government “has bickered
more than it has collaborated” to spur
economic growth. He also is a sharp
critic of a zealous black empowerment
program by President Robert Mugabe’s
party.
Mugabe’s party has
vowed to seize 51 percent control for blacks of foreign
and white-owned
businesses. Tsvangirai, visiting a trade exposition in the
second city of
Bulawayo, said discord and “toxic” policies over the control
of businesses
frightened off investors willing to rebuild collapsed
industries and power
and other utilities.
A decade of economic meltdown followed seizures of
thousands of white-owned
farms.
Tsvangirai said traveling across the
country was “a sorry sight — closed
factories, old equipment, retrenched
workers and ghost towns have been the
story of Zimbabwe.”
He said his
party opposes any policies that lead to job losses and send the
wrong
message to potential investors.
He wanted benefits to go to all
Zimbabweans through improved business
confidence and direct foreign
investment. He said he wanted “machinations”
by a minority in taking over
foreign firms to end.
“The basis for establishing international
confidence in our economy is sound
economic management,” Tsvangirai told
business leaders in Bulawayo.
Mugabe’s party insists the black
empowerment program — and farm seizures
that saw prime properties handed out
to loyalists and cronies that still lie
idle — is to correct colonial-era
imbalances in the ownership of land,
minerals and natural
resources.
Zimbabwe is a former regional breadbasket that now is heavily
indebted and
depends on food imports.
In Bulawayo alone, once the
nation’s industrial heartland of steel,
engineering and railroad plants, 80
large businesses have recently closed
down with the loss of at least 20,000
jobs, Tsvangirai said.
Tsvangirai said economic reconstruction needs to
be underpinned by peace and
stability, a return to the rule of law and the
protection of property
ownership rights. He acknowledged his party lacks
powers in the coalition to
implement its visions for development and renewal
of the country’s former
status as a jewel of the region envied by
many.
Mugabe has called for elections this year to end the
coalition.
“Only a legitimately elected government and not a coalition
... can deal
with the massive unemployment and poverty that Zimbabwe
currently faces, “
Tsvangirai said.
http://www.swradioafrica.com
By Tichaona Sibanda
25 April 2012
A
deadlock on three contentious issues contained in the draft constitution
remains, with no sign of an agreement emerging.
MDC-T MP and
co-chairman of COPAC, Douglas Mwonzora, confirmed to SW Radio
Africa on
Tuesday that discussions in the last few weeks have ended with no
concrete
results.
The issues in dispute are dual citizenship, devolution and the
structure of
the executive. Last week the president of the smaller formation
of the MDC,
Welshman Ncube, said the three principals had failed to break
the
constitutional logjam and called on South African President Jacob Zuma
to
intervene.
However, Mwonzora said they will wait for the
management committee, which
comprises chief negotiators from the three
political parties in the unity
government, to meet again and look at the
outstanding issues.
“One of the problems we have been facing is that
members of the management
committee have been busy with government
commitments and have been outside
the country in the last week. I understand
they are all back now and we hope
they’ll meet soon,” Mwonzora
said.
Blessing Vava, the information officer for the National
Constitutional
Assembly (NCA), said an alternative approach to resolve the
deadlock would
be to publish views received during the outreach program on
the issues in
dispute.
“As the NCA we have always said the draft
Constitution should reflect the
people’s views as captured during the
outreach program. Every party involved
with the new constitution has said
the same and so we are saying let’s not
divert from the views of the
people,” Vava said.
He added: “Let’s go back to what people said and see
what they said about
devolution, dual citizenship and structure of the
Executive. As it is, the
stalemate confirms our fears that the new
constitution will not reflect the
wishes of Zimbabweans, but of the
politicians.”
Vava said he hopes the new constitution will guarantee
human rights,
strengthen the role of parliament and curtail the president’s
powers, as
well as guaranteeing civil, political and media freedoms.
http://www.radiovop.com/
Harare, April 25, 2012 - The
three principals in the inclusive government on
Tuesday gave the
parliamentary committee leading the constitution making
exercise up to next
week to produce a draft of the supreme law.
According to a statement
issued by Media, Information and Publicity minister
Webster Shamu, President
Robert Mugabe, Prime Minister Morgan Tsvangirai and
Deputy Prime Minister
Arthur Mutambara said the position was taken at a
cabinet
meeting.
“The principals directed that the Minister of Constitutional and
Parliamentary Affairs, Advocate Eric Matinenga should work closely with both
the Select Committee and the Management Committee in order to conclude the
drafting process by next week so as to deliver the draft constitution to the
principals,” Shamu said.
“Advocate Matinenga was directed to brief
Cabinet regularly on progress in
the constitution making process. Cabinet
unanimously agreed with the
principals.”
He said the three complained
about the delay in concluding the constitution
making process by both the
Constitution Parliamentary Select Committee
(COPAC) and the Management
Committee.
Shamu added they also “expressed concern at the failure by
both the Select
Committee and the Management Committee to brief the
principals on any
challenges they may be facing in the constitution making
process.”
Mugabe told the Zanu (PF) central committee last month that if
the
referendum on the new constitution was not held by May, he would
announce a
date for the new elections.
http://www.thezimbabwean.co.uk
Following increasing reports of
people being unable to register to vote, the
Election Resource Centre did a
quick assessment of accessibility to voter
registration in Harare. It says
its findings “point to a very disturbing
pattern in the voter registration
process”.
25.04.1210:09am
by Staff Reporter
The Electoral Act
says voter registration must be conducted continuously,
but the ERC receives
numerous reports of registration centres being closed.
The ERC found that
some registration centres, like Hatfield, were closed and
officials gave
unsatisfactory reasons to the effect that the registration
process had not
yet started.
It also found inconsistencies in the provision of services,
with most
centres allocating an average of four hours a day for the process
–
frustrating potential registrants who are often forced to wait for long
hours.
“The voter registration exercise is treated as a peripheral
issue in the
centres visited,” says the report.
ERC also discovered
an emerging pattern of vote buying through housing
cooperatives. “Those
responsible for allocating land demand the intended
beneficiaries to be
registered voters first. This exposes potential voters
to manipulation by
certain political parties and threatens their freedom of
choice and
association,” it said.
The assessment also established that access to
registration services was at
times administered in a partisan manner with
suspected supporters of some
political parties and young people facing
frustrating hurdles when
attempting to register.
Centres
inaccessible
Mabvuku - obscurely located at Chizhanje Village, poor road
linkages
worsened by lack of clear information highlighting the availability
of voter
registration services.
Kuwadzana - right next to a Zanu (PF)
office. Potential registrants
prominently see a ZANU (PF) sign on the
building before realizing the
existence of a registration centre -
potentially discourages and inculcates
fear in registrants.
The
election management body, ZEC, and the Registrar are mandated to provide
unhindered access to registration to all potential voters. The ERC urged
them to ensure that continuous registration of voters is possible at all
designated centres and that centres are situated at accessible, neutral
places.
http://www.swradioafrica.com
By Alex Bell
25 April
2012
Zimbabwe’s Defence Minister Emmerson Mnangagwa has confirmed fears
of
ongoing military involvement in the country’s diamond industry, which
human
rights campaigners have for years linked to abuses in the Chiadzwa
diamonds
fields.
Mnangagwa reportedly told an audience at Midlands
State University in Gweru
that army deals were struck with diamond companies
from China, Russia and
other nations as part of efforts to counter Western
targeted sanctions. He
said the trade deals “to a large extent, stabilises
industry and eliminates
chances of internal economic
sabotage.”
Mnangagwa, widely believed to be the chosen ZANU PF successor
when Robert
Mugabe dies, has always denied succession claims. But according
to analyst
Clifford Mashiri, his admitted involvement in the diamond
industry puts him
in a strong position to ensure his place in the power
hierarchy. Mashiri
said the profits from the militarised diamond trade would
ensure a ZANU PF
victory, with Mnangagwa holding the reins of
power.
Mashiri meanwhile said there is little surprise that China and
Russia have
been linked to the Zimbabwean army, saying it justifies concerns
already
raised about their dealings in the local diamond industry. Russia is
believed to be forging ahead with mining activities in Chimanimani, after
forming a joint venture company with the Development Trust of Zimbabwe,
another ZANU PF stronghold.
In 2010 it emerged that Robert Mugabe’s
loyal security forces and the
equally notorious Chinese People’s Liberation
Army, had entered into a
diamonds-for-arms deal, with millions of dollars
worth of industrial
diamonds being mined and airlifted to China. The stones,
which are not pure
enough for commercial sale, are believed to be flown
directly out of
Chiadzwa where an airstrip was built in 2009. In return
Zimbabwe’s military
is said to be given weapons to keep propping up Mugabe’s
regime.
The deal between Zimbabwe and China was reportedly set up by
General
Constantine Chiwenga, A senior intelligence chief who was quoted by
the UK
Daily Mail after an undercover investigation, said that weapons
supplied by
the Chinese were being handed out to the military in preparation
for a
brutal new crackdown against Mugabe’s opponents. As well as paying a
share
of the diamond profits to Mugabe’s regime, he confirmed that China has
agreed to supply military hardware to Zimbabwe. The official said: “Beijing
supplies weapons to us, and we allow them to mine diamonds.”
The
military involvement in Chiadzwa has for years been raised as a major
area
of concern, so much so that the demilitarisation of the diamond fields
was
listed as a key requirement before the country was allowed to resume
international trade.
This was stipulated by the trade watchdog
grouping, the Kimberley Process
(KP), who have, nonetheless, given Zimbabwe
the green light to resume sales.
This is despite ongoing concerns about
human rights abuses and rampant
smuggling.
Analyst Mashiri meanwhile
told SW Radio Africa that the 2008 ‘clean-up’
operation at the Chiadzwa
diamond mines must be used as an example of what
happens when the military
is involved. That operation, codenamed Operation
Hakudzokwi (no return),
resulted in the deaths of hundreds of diamond
panners and secured the
military grip on the area. No investigation has ever
been launched into the
deaths there, or reports that the military’s control
led to forced labour
and abuse.
“You can seen why the military involvement is such a
disturbing issue
because their operations are so brutal,” Mashiri said.
http://www.thezimbabwemail.com
By Staff Reporter 2 hours 32 minutes
ago
HARARE - The Israeli pilot, Shmuel Kainan Klein, who was facing
charges of
smuggling 1300 diamond pieces worth US$2 million, has been
acquitted for
lack of su
Klein was facing charges of unlawful
possession of diamonds and contravening
Section 12 (1) of the Immigration
Act Chapter 4:02, which criminalises entry
by invasion.
Handing down
the ruling, the presiding magistrate, Mr Clever Tsikwa noted
that all
evidence presented failed to prove that the accused was illegally
possessing
diamonds.
He further indicated that the state had failed to prove its
case beyond a
reasonable doubt hence it would be unfair to put the accused
to his defence
as it is the onus of the state to prove its
allegation.
Meanwhile, on Holocaust Remembrance Day, Dan Shacham,
Israel’s non-resident
ambassador to Africa, President Robert
Mugabe.
Mugabe, who is considered one of Iranian President Mahmoud
Ahmadinejad’s
closest associates, has been slapped with harsh sanctions by
Egypt and the
European Union for grave human rights violations and “blood
diamond” trade.
Foreign Ministry Spokesman Yigal Palmor noted that the
ambassador was aware
of the sensitive timing of their meeting and therefore
invited the Zimbabwe
Jewish community’s rabbi, Moshe Silberhaft, to the
credentials ceremony.
“Throughout the ceremony, the two told President
Mugabe of the special
meaning of Holocaust Remembrance Day, and the latter
even discussed the
matter in great lengths,” said Palmor.
Zimbabwe’s
Jewish community is made up of only 250 people, after most
members of the
community left the country in the 1980s after its
independent, when white
residents were harassed by Mugabe’s regime. On the
eve of Yom Kippur in
2003, the central synagogue of Bulawayo was torched in
an anti-Semitic
attack.
In an interview with the local magazine of Zimbabwe’s Jewish
community,
Silberhaft said the subject of Holocaust Memorial Day indeed came
up at the
meeting, and that he himself informed Mugabe that the government
does not
interfere with the lives of the country’s Jewish community, which
is given
free exercise of religion.
http://www.swradioafrica.com
By Tererai
Karimakwenda
25 April 2012
The High Court on Wednesday set aside a
ruling by a traditional chief, who
had imposed a fine on Prime Minister
Morgan Tsvangirai after accusing him of
breaking traditional laws by
marrying in the month of November last year.
Chief Luscious Chitsinde
Negomo of Chiweshe was attempting to attach
Tsvangirai’s property from his
Harare residence, but the judgment by High
Court Judge Bharat Patel said
Negomo’s ruling was “null and void”.
Chief Negomo, who is known to be
loyal to ZANU PF, accused the MDC-T leader
of marrying Locadia Karimatsenga
Tembo in November last year, saying
traditional laws forbid this. Tsvangirai
dismissed the chief’s interference
and insisted he had paid “damages” but
had not married.
Negomo demanded a fine of two cattle, two sheep, a piece
of cloth and a ball
of snuff , then attempted to attach Tsvangirai’s
property, despite the fact
that the Prime Minister does not even come from
the Chief’s area.
The case ended up in the magistrates courts in Bindura
where conflicting
verdicts were handed down by magistrates on two different
occasions. It was
finally referred to the High Court earlier this
month.
“Chief Negomo’s uncalled for actions have put the important role
played by
traditional leaders into disrepute after he allowed ZANU PF to use
him in an
attempt to tarnish President Tsvangirai’s image,” the MDC-T said
in a
statement after the ruling.
http://www.radiovop.com
Harare, April 25, 2012 – Zambian President
Michael Sata is expected to touch
down in Harare on Wednesday afternoon to
officially open Zimbabwe's premier
trade show in Bulawayo on
Friday.
Officials from the ministry of media, information and publicity,
said in a
statement Tuesday, Sata would make a stop- over in Harare to meet
President
Robert Mugabe before proceeding to the Zimbabwe International
Trade Fair
(ZITF).
There will be state banquet at State House in his
honour on Wednesday
evening before the Zambian president leaves for Bulawayo
on Thursday
together with Mugabe.
Meanwhile South Africa’s Deputy
Trade and Industry Minister, Elizabeth
Thabethe, on Tuesday urged companies
in her country to invest in Zimbabwe
which she described as 'a leading and
key strategic partner’ in Southern
Africa.
Thabethe said at the
launch of South Africa’s pavilion at ZITF:
“Zimbabwe presents a
developing market for a wide range of goods and
services, such as mining,
retail food and beverages, construction,
agro-processing, chemicals,
banking, medical services, hotels and leisure.
South Africa is strategically
placed to do business with Zimbabweans in
these
sectors".
Businesses pleaded with the power utility, Zimbabwe
Electricity Supply
Authority (ZESA), to shelve power cuts during the trade
showcase to woo
foreign investors.
“Investors need assurance that
their businesses would not be affected once
they pour in their money," said
Obert Sibanda, the former chairperson of the
Zimbabwe national Chamber of
Commerce,in an interview.
Thirteen foreign countries are exhibiting at
this year’s trade showcase with
China as the largest exhibitor. The Chinese
have also organised an
investment seminar with locals to identify viable
investment projects.
The Asian country is one of the major sources of
foreign direct investment
(FDI) for Zimbabwe and has one of the fastest
growing economies.
http://www.radiovop.com/
Masvingo, April 25,
2012 – Germany Ambassador to Zimbabwe, Hans Guenter
Gnodkte, on Tuesday said
German and the European Union (EU) will not
consider total removal of
sanctions before free and fair elections are held.
Gnodkte who was
speaking to journalists in Masvingo, after donating
literature books to
Great Zimbabwe University, said Germany was very
optimistic about reforms
underway and remained committed in the country’s
development
programmes.
“I don’t want to speak about travel restrictions because thus
not what I
came here to do but in brief, I am sure there will be no removal
of those
travel bans before a free and fair election is held in Zimbabwe,”
said
Gnodkte.
The books will support the university’s African
Language department which
has just introduced the German
language.
Gnodkte said he attached a lot of value to the university’s
programme which
had opened ways for other co-operations such as cultural
exchanges.
Great Zimbabwe University Vice Chancellor, Professor Obert
Maravanyika, said
the relationship between his institution and the Germany
Embassy would help
students overcome language barriers.
http://www.voanews.com
24 April
2012
Gibbs Dube | Washington
Zimbabwe's Finance Minister
Tendai Biti says the government has granted
Mines Minister Obert Mpofu a
license to run the struggling state-controlled
Zimbabwe Allied Banking
Group.
Biti told reporters in Washington that Mpofu is expected to start
operating
the bank as soon as all the payments are made to the
government.
The bank had been struggling to raise the minimum $12.5
million
capitalization required by the Reserve Bank of
Zimbabwe.
ZABG, reserve bank officials and the board of the central bank
confirmed
that Mpofu has bought the commercial bank for $10 million.
Minister Mpofu
declined to comment.
Biti said Zimbabweans willing to
venture into the banking sector should
approach his ministry.
But
economist John Robertson immediately questioned Mpofu’s source of funds
and
his ability to run the bank.
“People venturing into the banking sector
must be fit and proper and in this
case since the ZABG buyer is a government
minister, it raises a lot of
questions,” said Robertson.
Zimbabwe has
23 commercial banks with at least three of them owned by
foreign
companies.
According to the Zimbabwe Banking Act, individuals are
expected to have a 25
percent shareholding in such banks.
http://www.swradioafrica.com
By Alex Bell
25 April
2012
A strike by council workers in Bulawayo entered its third day on
Wednesday,
after attempts to resolve the dispute over unpaid wages
failed.
Workers, including striking workers include nurses, staff from
the ambulance
services and even gravediggers, have been on strike since
Monday saying they
have not been paid for four months.
On Tuesday, a
negotiating team met with the workers trying to come to some
agreement on
the way forward. But those talks collapse, and the sit in by
hundreds of the
striking workers outside Revenue Hall continued Wednesday.
The workers
claim that they have not been paid for four months now and that
the council
owes them over $700 000, which consists of four months wages and
allowances.
They’ve insisted that they will continue their strike until
their demands
are met. Officials from the council meanwhile have complained
that the
workers did not give them notice of the industrial action, which
has left
council operations paralysed.
SW Radio Africa correspondent Lionel
Saungweme reported that Bulawayo Mayor
Thaba Moyo was due to meet the
workers sometime on Wednesday to try and
negotiate a way forward. But
Saungweme said Moyo was only a “ceremonial
mayor,” with little power to meet
the workers’ demands.
Saungweme also reported that tension is rising
among the workers, who he
said are furious that the MDC-T led council spent
millions on cars for
officials in the City. The council reportedly received
a multimillion dollar
loan from Kingdom bank last year to help pay salaries
for its workers.
But, instead, about $4.5 million from the loan was
reportedly used to
purchase the cars.
“The strike is getting a lot of
attention and today (Wednesday) there was an
army official taking pictures
and documenting what was happening. The strike
will have a serious affect on
the different social amenities in the city so
it’s not surprising that it
has drawn the attention of the arm,” Saungweme
said.
http://www.swradioafrica.com
By Tererai
Karimakwenda
25 April 2012
The Prime Minister has pledged increased
support for struggling businesses
in areas that are distressed, particularly
those in Matabeleland province
where relocations and closures have
intensified.
Speaking at the opening of the Zimbabwe International Trade
Fair, Prime
Minister Morgan Tsvangirai said he had toured many “ghost towns”
and seen
old equipment, retrenched workers and towns with closed companies
that need
to be resuscitated.
The Prime Minister’s comments come a
day after civic society and labour
groups from Matabeleland province met in
Bulawayo to discuss the critical
lack of development funds and how the
government’s Distressed and
Marginalised Areas Fund (DiMAF) was ignoring
Bulawayo.
Talking about Bulawayo Tsvangirai said: “In this town alone, 80
companies
were closed, leaving 20,000 workers jobless. I am aware of the
concerns from
various stakeholders regarding the disbursement of this money
and I pledge
to ensure that this money is immediately disbursed for its
intended
purpose.”
The groups, including Zimbabwe Congress of Trade
Unions, National
Constitutional Assembly and Zimbabwe Election Support
Network, resolved to
pressure government to channel to Bulawayo most of the
$40 million that had
been set aside for distressed areas, because the
majority of the money
disbursed so far had ignored the
region.
Tsvangirai said he would make sure there was more emphasis on
assisting
companies in Bulawayo and other underdeveloped areas. The groups
that met on
Tuesday said they would be demanding that a representative from
the ZCTU be
appointed to the DiMAF committee. They also plan to organise
demonstrations,
if Harare continues to be the main focus of government’s
development plans.
http://www.nytimes.com
By LYDIA
POLGREEN
Published: April 24, 2012
HARARE, Zimbabwe — When Zimbabweans
say they are waiting for change, they
are usually talking about politics.
After all, the country has had the same
leader since 1980.
But these
days, Robson Madzumbara spends a lot of time quite literally
waiting around
for change. Pocket change, that is. He waits for it at
supermarkets, on the
bus, at the vegetable stall he runs and just about
anywhere he buys or sells
anything.
“We never have enough change,” he said, manning the vegetable stall
he has
run for the past two decades. “Change is a big problem in
Zimbabwe.”
For years, Zimbabwe was infamous for the opposite problem:
mind-boggling
inflation. Trips to the supermarket required ridiculous
boxloads of cash. By
January 2009, the country was churning out bills worth
100 trillion
Zimbabwean dollars, which were soon so worthless they would not
buy a loaf
of bread (the notes now circulate on eBay, as gag
gifts).
But since Zimbabwe started using the United States dollar as its
currency in
2009, it has run into a surprising quandary. Once worth too
little, money in
Zimbabwe is now worth too much.
“For your average
Zimbabwean, a dollar is a lot of money,” said Tony
Hawkins, an economist at
the University of Zimbabwe.
Zimbabweans call it “the coin problem.”
Simply put, the country hardly has
any. Coins are heavy, making them
expensive to ship here. But in a nation
where millions of people live on a
dollar or two a day, trying to get every
transaction to add up to a whole
dollar has proved a national headache.
Still, the new predicament is an
improvement. By virtually wiping out
inflation, analysts say, use of the
United States dollar saved Zimbabwe from
total economic collapse and brought
the country back from the brink. The
country’s political future remains
deeply unsettled since the disputed 2008
election gave way to a shaky
power-sharing government. But its economy is
growing, if from a very low
base.
Zimbabweans have devised a variety of solutions to get around the
change
problem, none of them entirely satisfactory. At supermarkets, impulse
purchases have become almost compulsory. When the total is less than a
dollar, the customer is offered candy, a pen or matches to make up the
difference. Some shops offer credit slips, a kind of scrip that has begun to
circulate here.
But for small merchants who sell handfuls of
tomatoes, onions and lemons to
poor people, customers may not always have
the luxury of buying a dollar’s
worth of merchandise.
Christine
Mhalanga, 27, a hospital orderly, went to buy tomatoes from Evelyn
Chikandiwa, who runs another vegetable stall. She selected a stack of
tomatoes and some onions for stew. Mercifully, her purchase was exactly a
dollar because Ms. Chikandiwa had no coins in her gingham apron to break any
bills.
“I already had to buy clothespins I don’t need today,” Ms.
Mhalanga said. “A
dollar is a lot of money for me. I need every bit of it.
Trust me.”
According to the United States Federal Reserve, at least five
countries have
officially adopted the United States dollar as their
currency. Several more,
like Zimbabwe, use it almost exclusively but hold on
to a national currency,
even if it is not in circulation.
But United
States coins seldom circulate more than 100 miles beyond the
country’s
borders because of their weight and high shipping costs.
Most countries
that use the dollar get around this problem by minting local
coins: Ecuador
uses the dollar as legal tender but mints centavo coins. The
government
guarantees that anyone who wants to exchange 100 Ecuadorean
centavos for a
genuine United States dollar can do so.
But that requires confidence in
the local government, something that is in
even shorter supply here than
coins. Zimbabweans say they want no legal
tender issued by their
government.
“I won’t accept any Zimbabwean money,” said Ms. Chikandiwa,
the vegetable
seller, who saw her life savings wiped out by hyperinflation.
Back then, the
value of the currency dropped so fast that prices for milk,
cigarettes,
sugar and flour would change by the hour, if not the minute.
These days, Ms.
Chikandiwa keeps all her earnings in cash, not trusting her
precious dollars
to the bank. “We can’t trust these people,” she said,
referring to the
government.
Many Zimbabweans use coins from
neighboring South Africa. But that presents
its own difficulties. South
African coins — the currency is the rand — are
in short supply. Complicating
matters, the rand, like most currencies,
fluctuates against the dollar,
making prices tough to fix.
Tendai Biti, Zimbabwe’s finance minister and
a senior politician in the
opposition Movement for Democratic Change, said
that he had tried, to no
avail, to find a solution.
“We have been seeking
help from the Fed in the States, but we haven’t got a
lot of joy,” he said,
an edge of frustration seeping into his voice.
Supermarket cashiers are
frustrated, too, and they devise their own ways to
defuse the tension. Every
transaction is a miniature drama of anticipation,
annoyance and negotiation.
The shopper tries to add up purchases to avoid
needing change. And at the
register, shoppers must make up their minds on
how to compensate for
failure.
As Lydia Zhuwawu worked the cash register at the Classic
Supermarket in
Harare during the evening rush this week, she tried to size
up her customers
to guess what they might accept in lieu of change.
A
basket full of tomatoes and onions comes to $2.80. Ms. Zhuwawu has two
well-worn singles for the $5 note, but no nickels or dimes.
“Sorry,
no change,” Ms. Zhuwawu said, waving a hand at her assortment of
wares.
The customer chooses a packet of four aspirin, 5 cents
apiece.
Next up: a customer with $3.90 worth of groceries. Ms. Zhuwawu
offers up a
steel bottle opener.
“This is for 10 cents?” the customer
asks, wearily. She takes it.
With single dollar bills in heavy rotation,
they tend to suffer a lot of
wear and tear. Many are filthy — almost black.
Ms. Zhuwawu takes note of the
cleanliness of the legal tender each customer
hands her. Two-dollar bills,
rare in the United States, circulate widely
here.
Most people, she said, have a sense of humor about the problem.
After all
that Zimbabwe has been through, it is not that big a burden, she
said. It is
a give-and-take.
A man comes in to buy staples. A box is
30 cents; he has only a dollar. Her
change drawer is empty.
“Just
take it,” Ms. Zhuwawu said. “It’s your lucky day. Nothing is free in
Zimbabwe.”
Wednesday, 25 April
2012
The MDC applauds the decision made by the Cabinet on Tuesday
instructing the
Grain Marketing Board (GMB) to immediately start moving
grain to deficit
areas in the country.
The grain loan scheme
directive comes at an opportune time when most parts
of the country are
facing severe food shortages due to drought.
However, as a party, we
demand that the grain be distributed to every needy
citizen with
impartiality.
Already, there are reports in most parts of the country
that some officials
at the State-run GMB and traditional chiefs are working
with Zanu PF members
in denying deserving people grain, as they are not
supporters of the former
ruling party.
We demand an immediate stop to
this. There should be no opaqueness and
exclusion in the allocation and
distribution of the grain loan.
The inclusive government should give the
mandate of distributing grain to
councillors at the ward level since they
have the mandate to represent the
people at a local level.
The MDC
further demands that GMB officials be professional when handling the
grain
loan distribution amid reports that Cabinet was forced to call for
full
investigation on how agricultural inputs were distributed at GMB depots
in
the 2011/12 farming season after reports of massive looting by Zanu PF
politicians at the expense of villagers who were the targeted beneficiaries
of the scheme. Those found guilty of abusing the facility should face the
wrath of the law.
In addition, Zanu PF has over the years manipulated
the operations of GMB
for political gain and has gambled with people’s
lives.
Every Zimbabwean has a right to food and it is the mandate of the
government
to ensure this right is met and people must demand it.
The
people’s struggle for real change – Let’s finish it!!!
—
MDC
Information & Publicity Department
http://www.voanews.com
24 April
2012
Blessing Zulu & Jonga Kandemiiri |
Washington
Zimbabwe's cabinet was on Tuesday pre-occupied with the
unfolding hunger
crisis in the country following complaints by Prime
Minister Morgan
Tsvangirai's MDC formation that most needy families were
being denied food
aid by ZANU-PF activists.
The MDC says the
situation in most rural communities is becoming untenable
with allegations
that President Robert Mugabe's ZANU-PF party activists were
politicizing
food aid ahead of elections that Mr. Mugabe wants this year.
After
intense debate, the cabinet mandated its task force on food security
to
ensure there is no politicization of food aid on the ground as details
emerged the food crisis had also been underestimated.
Reports also
indicate that ZANU-PF officials are using food aid to lure
voters in their
on-going restructuring exercise that has seen district
coordinating
committee elections being called around the country.
Some officials in
the agriculture ministry and rights groups have also
alleged that ZANU-PF
officials are hijacking maize from the Grain Marketing
Board that is meant
for the poor and giving it to their supporters.
The task force is
expected to report back to cabinet as soon as it finishes
its probe in the
communities.
Two weeks ago cabinet resolved to declare five provinces
disaster areas
following a disastrous farming season. These are Manicaland,
Masvingo,
Midlands and the two Matebeleland provinces.
But technical
staff on the ground say hunger is wide spread, adding cities
like Harare may
need to import more food to avert shortages.
Agriculture Minister Joseph
Made told the state media early this month that
nearly 45 percent of the
maize crop that was planted this farming season is
a complete
write-off.
The country needs at least 2.2 million tonnes of maize to feed
itself
annually but Made said Harare currently has only 400,000 tonnes of
maize
grain reserves.
Spokesman Douglas Mwonzora of the MDC formation
of Prime Minister Tsvangirai
told VOA's Jonga Kandemiiri his party took the
matter to cabinet because it
was concerned some families were suffering due
to the politicization of food
aid, adding such reports were growing by the
day.
ZANU-PF spokesman Rugare Gumbo dismissed the MDC claims as cheap
propaganda.
But political analyst Trevor Maisiri says ZANU-PF has a long
history of
abusing food aid.
http://www.radiovop.com
Harare, April
25, 2012 - Vice President Joice Mujuru at one time exploded to
President
Robert Mugabe as she tried to emphasise to him she was independent
of her
husband, the late Solomon Mujuru, latest Wikileaks cables show.
This was
disclosed by Central bank governor Gideon Gono during private
discussions
with former United States ambassador to Zimbabwe Christopher
Dell.
“Gono maintained Mugabe had personally disclosed to Gono his
doubts about
Vice-President Joice Mujuru's capacity to hold the country
together. Gono
confided further that Joice herself had recently exploded to
Mugabe,
complaining about perceived slights and asserting her independence
from her
husband, ex-army chief Solomon "Rex" Mujuru,” the former US
ambassador said
in the cable.
Solomon Mujuru, former army commander,
died in a mysterious inferno at his
farm in Beatrice.
Gono also told
Dell that the squabbles within the inner circle of the Zanu
(PF) were
increasingly getting more difficult for Mugabe to control.
The former
ambassador said Gono told him wild-card Didymus Mutasa was at
odds with
ambitious Emmerson Mnangagwa, who was countering kingmaker Solomon
Mujuru,
who didn't get along with Defence Forces Chief Chiwenga.
In the cable,
Gono disclosed that his frustrations with negative economic
developments led
him to submit his resignation on February 6.
“He had spent much of the
week meeting with Mugabe, the presidium, Mutasa
and other cabinet officials,
finally being persuaded just the morning of his
meeting with the Ambassador
to stay on,” Dell said.
Dell said while in Gono’s spacious 22nd floor
office atop the glistening
Reserve Bank building the Central Bank governor
portrayed himself as a man
under attack from all sides for the honesty of
his policy prescriptions.
“The ruling elite all "accuse me of carrying
the water of the IMF, the white
farmers, the Americans; only the man in the
street embraces me," he
reportedly maintained during the meeting with
Dell.
According to the cable Gono said his principal offense was to
boldly attack
corruption at the highest levels publicly and
privately.
He said the mining sector's corruption was "out of this world"
and showed
the former ambassador a confidential report on gold that
implicated senior
officials (unnamed) in siphoning off production sufficient
to reduce
official output from 22 tonnes in 2004 to 12 tonnes in
2005.
According to Gono, his "Operation Tell the Truth" was meant to
underscore to
the Zanu (PF) leadership that high-level corruption was
glaringly obvious to
the public and severely damaged the party leadership's
credibility across
the board.
He went over a long list of ministers,
governors, senior police/military
officials, NGOs, and private sector
players with whom he had consulted and
sought support. Many had expressed
support and yet key policies were never
carried out, he said.
http://www.thezimbabwean.co.uk
The Zimbabwe Revenue Authority exceeded its
revenue target for the first
quarter of 2012 by $58.3 million, representing
an 8% surplus, owing to
improvements in compliance levels from clients.
ZIMRA has been sensitizing
its clients to “pay taxes, not bribes.” The
taxman collected $773.7 million,
against a target of $715.4
million.
25.04.1210:01am
by Clemence Machadu
The sectors that
performed above target were VAT, corporate tax, excise and
other taxes. But
individual taxes and customs duty performed below budget.
The
overwhelming performance by VAT and corporate tax has been largely
attributed to improved local industrial capacity utilisation. Capacity
utilisation has been growing since 2009, given the financial support the
industry has received in recent years, through facilities that enabled
companies to acquire new capital, carry out machinery repairs and secure raw
materials. Growth is expected to continue with the launch of the industrial
policy. The upward review of the tax free threshold and upward review of
salaries by some companies gave some consumers increased spending power. The
Buy Zimbabwe Campaign, aimed at stimulating the demand for local products,
might also be starting to bear fruit.
Individual tax did not perform
well because employees earning between $226
and $250 are now exempt. Customs
duty did not meet its target largely
because of import
substitution.
The taxman has introduced tax registers with a view to
boosting tax revenue
from retail sales. But there is need to curb corruption
among some ZIMRA
officers, especially at the border posts, as this continues
to prejudice the
taxman of huge sums of money.
A quarterly surplus of
$58.3 million is quite a lot of money for an economy
grappling with
liquidity challenges. The responsible authorities should
therefore employ
their wisdom to make sure that the surplus is allocated to
productive areas
with the potential to trigger positive action in other
sectors.
http://www.africanews.com/
Posted on Wednesday 25 April 2012 -
07:38
Problem Masau, AfricaNews reporter in Harare, Zimbabwe
Scores of stumps could be seen in a once densely populated area along
Tengwe
River in this area and the situation promise to be worsening as the
tobacco
is ready for reaping and curing. Most farmers here have since
abandoned
maize cropping citing low prices and viability challenges and have
adopted
tobacco farming which is fetching high prices on the market.
However,
most of the small scale farmers cannot afford to buy coal to
cure their
tobacco and have since turned to indiscriminate cutting down of
the
indigenous trees to process their tobacco.
“Firewood is the only
available source of fuel we can secure to cure our
tobacco, we know the
government policy on indiscriminate cutting down of
trees but we are left
with no choice. The advantage of indigenous trees is
that they are flammable
and last long,” said one farmer.
The effects of the deforestation are
starting to be witnessed as soil
erosion is starting to take its toll on
what used to be densely populated
forest.
Vian Bhachi (77) said
he had witnessed the forests being reduced into
deserts.
“Our
culture preserved forests by labeling them sacred, no one ever
dared to cut
down trees but tobacco farmers in this area have wrecked havoc
and if
nothing is done to stop them our trees will become extinct,” said
Bhachi.
He added that herbalists in the area where now walking
long distance in
search of herbs.
“Indigenous trees are very
helpful in many ways, parents are struggling
to find certain trees for herbs
when children experience stomach ache,”
added Bhachi.
Among the
trees which are under siege include Musasa and Mupfuti trees
which are known
to be flammable.
Hurungwe is fast becoming a desert and according to
a non-governmental
organization statistics more than 1000 indigenous trees
are felled each year
by tobacco farmers in the area.
A rural
councilor in the area Bigboy Mutimusakwa said the situation is
worsening
each year.
“Farmers are cutting trees and vast tracts of land have
now been turned
into near deserts because of the indiscriminate cutting down
of trees.”
“The policy is that a person should report to Volunteer
Efforts for
Developments Concerns (VEDCO) if they want to cut down the trees
but most
farmers go overnight and deforestation is imminent if the situation
is not
addressed urgently,” said Mutimusakwa
Government and
environmental organizations are encouraging farmers to
plant exotic trees
which are quick to grow but the call seems to be falling
on deaf
ears.
Environment Friends, a non-organization has embarked on the
awareness
campaign to educate tobacco farmers on the need of conserving
indigenous
trees. The pilot project is aimed to be translated into all
tobacco farming
regions in the area.
Project Coordinator Arnold
Chideme said they provide tobacco farmers
with tree seeds of fast growing
trees such as gum trees.
“We have noticed that Hurungwe used to be
densely populated with
indigenous trees but the trees are fast becoming
extinct hence the need to
educate the farmers the need of not cutting the
trees. It takes decades for
indigenous trees to grow so farmers should learn
to subsidize,” said
Chideme.
“We are teaching them not to be
myopic, if they cut trees without
replacing them, in the long run they will
fail to trees to cure their
tobacco,” said Chideme.
The Forestry
Commission is spearheading the crafting of a legal
instrument that will
force farmers to plant trees.
Stakeholders at the Africa Environment
Day asked whether it was possible
to levy tobacco farmers in order to
replenish trees cut down to cure the
crop. Forestry Commission General
Manager, Darlington Duwa, said they were
working on a legal instrument to
prevent against deforestation.
“The instrument will force farmers to
set aside land for the growing of
trees to be used during tobacco curing and
these will be fast growing
trees,” said Duwa. “Our research division is
working on fast-growing tree
varieties and the law we are talking about is
almost 80% complete and should
come into effect very soon.”
An
official from the Ministry of Agriculture blamed the Zimbabwe
Electricity
Supply Authority (ZESA) for the behavior of new farmers.
“They resort
to cutting down trees because ZESA switches them off at a
very critical
stage of preparing their tobacco crop and they are left with
no option. We
also are aware that they are poor and do not have the
resources to use best
practices so we are not looking at levying anyone,”
the official said.
http://www.thezimbabwean.co.uk
IN an interesting twist
of events which could probably rile local
politicians, prominent economist
and University of Zimbabwe (UZ) Business
School Head, Professor Anthony
Hawkins, says Zimbabwe should bite the bullet
and declare itself a Highly
Indebted and Poor Country (HIPC).
25.04.1207:37am
by Ngoni Chanakira
Harare
Hawkins said this would, however, not go down well with
politicians who were
not telling "each other and the world" the
truth.
"Zimbabwe must declare itself a Highly Indebted and Poor Country
(HIPC),"
Hawkins said in Harare.
"We will, however, have to bite the
bullet sooner rather than later. But our
politicians say we are not poor
because we are rich with lots of mineral
wealth such as
diamonds."
Diamonds were recently discovered to be awash in Chiadzwa
Communal Lands and
Finance Minister, Tendai Biti, says the diamonds could
earn the
cash-strapped nation about US$600 million annually for his empty
coffers.
He has already pledged this amount for various projects
including US$30
million for the forthcoming elections and
referendum.
Declaring a country and HIPC status would mean several
benefits for the
nation but politicians including Minister Biti says this is
out of the
question.
"Declaring ourselves and HIPC country is already
out of the question," Biti
told journalists in Harare when he launched the
country's debt repayment
strategy.
The strategy shows and is meant to
inform international creditors how
Zimbabwe intends to give back outstanding
cash to them.
As at the end of December 2010, Zimbabwe's unvalidated
external debt
positition was estimated at US$6,9 billion, of which almost
US$4,8 billion
was accumulated arrears.
Minister Biti said this
amounted to about 103 percent of Gross Domestic
Product (GDP) and about 72
percent of GDP, respectively.
"There are four major issues that Zimbabwe
must deal with for its economy to
get back on track," Hawkins
said.
"We must deal with our balance of payments position and stop
importing so
much.
"We must deal with our huge and soaring debt. We
must also deal with the
imbalance between consumption spending and savings
and investment.
"We must also make attempts to restructure our economy.
How can we call
ourselves capitalists without capital. No country can call
itself capitalist
when there is no capital and this is the case with
Zimbabwe."
Professor Hawkins said the sustained rate of about 7 percent
"won't be
possible".
""There will be recovery and not growth,"
Hawkins said. "We are getting
better but getting better far too slowly
though.
"Those who favour the GNU (Government of National Unity) probably
are
overlooking the economic paralysis that will result
thereafter."
The GNU came into place after the country's economic malaise
in 2008 when
hyperinflation took centre stage and there was political unrest
in the
nation.
http://www.thezimbabwean.co.uk
Maternal deaths claim 960
women out of every 100 000 women giving birth in
the country. This should be
declared a national disaster, an activist for
women’s rights said last
week.
25.04.1201:00pm
by Talent Bhachi
“When a bus is involved
in an accident and claims 21 people it is declared a
national disaster, but
when 960 for every 100 000 die delivering babies it
is ignored,”
saidZimbabwe Women Resource Centre and Network executive
director, Naomi
Chimbetete.
Speaking at the launch of a campaign for improved health
services in rural
area held in Domboshawa, Chimbetete added: “The government
should declare
this a national disaster and look for ways to reduce the rate
at which the
people are dying. No woman should die giving
birth.”
Deputy Minister of Health and Child Welfare, Douglas Mombeshora,
said the
government was alarmed by the increasing maternal
deaths.
“In 2007 the rate was 750 women die in giving births per 100 000,
and in
2010/11 the figure rose to 960 and since 1990 the figure has risen by
21%.
We are facing challenges in reducing the figures,” said
Mombeshora.
High maternity fees of $30 contribute to the death rate
because most rural
mothers cannot afford them. A free health service policy
for pregnant and
lactating mothers, children under five and the elderly (60
or more years of
age) is not benefitting many because of implementation
challenges.
HellenMachikaire, the Adolescent, Sexual and Reproductive
health programme
officer at Zimbabwe National Family Planning Council, said
her organisation
was lobbying for the removal of maternity fees.
http://www.irinnews.org
MUREWA, 25 April 2012 (IRIN) - Thousands of
poor Zimbabweans have turned to
illegal panning for precious minerals, but
environmental and water experts
say their activities are contributing to the
drying up of rivers which many
communities rely on for their
livelihoods.
“Siltation of rivers is becoming endemic in the country,
particularly in
regions where there is acute illegal panning of minerals,
especially gold.
Rivers have been reduced to rivulets,” said the Zimbabwe
National Water
Authority (ZINWA) in a November 2011 statement aimed at
drawing attention to
the country's "dying rivers and water bodies" and their
impact on downstream
communities.
Illegal gold mining is common along
rivers that run close to the Great Dyke,
a hilly mineral-rich belt which
cuts across most of the country, and is
concentrated in Mashonaland Central,
West, East and Midlands provinces.
Diamond panning is associated with the
Chiadzwa District of Manicaland.
According to John Robertson, a
Harare-based economic consultant, people
began turning to gold panning in
large numbers in the early 1990s when the
country was hit by poor harvests
due to droughts and job layoffs resulting
from the government's economic
structural adjustment programme.
“The damage caused by illegal mining is
enormous. It is a vicious cycle as
people are taking to panning in order to
earn a living, but in the end their
activities are causing untold
degradation,” Robertson told IRIN.
Monica Mapeka, a 24-year-old single
mother of two from rural Murewa
District, about 100km northeast of Harare,
the capital, regularly visits the
banks of Mazowe river, a tributary of the
River Zambezi which passes through
the area, in search of alluvial gold.
Armed with a pick, shovel and
container, and clad in muddy overalls, she
joins hundreds of other illegal
gold panners popularly known as `makorokoza’
in digging up the riverbed.
From dusk until dawn, she and two other women
work together to mix the earth
they have dug up with water and move it in
circular motions in containers
until they are left with small quantities of
mud containing shiny yellow
particles of alluvial gold.
“On a lucky
day, we get something like two ounces that we sell for US$40 and
share the
money. If you work hard enough, it’s easy to get rich,” said
Mapeka. “We are
single mothers and have to do something to fend for our
children and other
members of the extended family, otherwise we will starve
and walk in
rags."
Mercury pollution
In an effort to concentrate their yield,
the `makorokoza’ often mix the
residual ore with mercury, a practice that
Steady Kangata, the education and
publicity manager for the Environmental
Management Authority (EMA), said
created a health hazard for people and
animals downstream.
“Mercury has the tendency to accumulate in the bodies
of animals and humans
who consume it, and in the case of people, if it
gathers to a certain level,
it can cause hair loss and the breakdown of the
nervous system,” he said.
In recent decades, Mairosi Mangwende, 60, also
from Murewa, has witnessed
Mazowe river degenerate from a fast-flowing
waterway which was too deep to
cross during the raining season, to a muddy
trickle. The activities of the
illegal miners have marked the river bed with
deep holes and gullies where
the water collects in small rivulets that
quickly dry up. The large amount
of soil they dig up is eventually washed
away by rain, silting up the river
downstream.
“Almost throughout the
year, we would get fish to eat at home and sell but
that is no longer the
case,” said Mangwende. “The cattle and goats are
suffering because they
cannot drink this muddy water.”
He added that households used to own as
many as 50 cattle, but that it had
become rare for a family to have even
eight beasts, partly because of the
scarcity of drinking water for
livestock.
Vegetable gardens that used to dot the river banks had also
virtually
disappeared, said Mangwende, and households could no longer rely
on the
income they earned from selling produce from riverside
gardens.
Diamond mining
Zimbabwe's largest river, the River Save,
which flows east towards
Mozambique and the Indian Ocean, is another victim
of illegal mining.
Diamond mining at Chiadzwa, where thousands flocked after
the discovery of
alluvial diamonds in 2005, has contributed to the drying up
of the river and
the many communal livelihood activities it supported such
as gardening,
smallholder irrigation projects and bricklaying.
ZINWA
has called for stiffer penalties for illegal mining and urged greater
joint
action with the mines ministry, EMA and the Wildlife Management
Authority,
while EMA has carried out joint operations with the police to
arrest the
illegal panners.
According to Mapeka, such efforts have had little
effect: “There is so much
poverty and some of these police officers take
bribes to let us continue.”
Climate change
According to a 2010
report on climate change vulnerability and adaptation
preparedness in
Southern Africa commissioned by the German organization,
Heinrich Böll
Stiftung, rising temperatures and droughts are also playing a
role in the
drying up of Zimbabwe's rivers.
The report predicted that rates of
evapo-transpiration from river basins
will continue to increase as
temperatures rise while runoff was projected to
decline, with the Zambezi
Basin the worst affected.
“It is often the case that when people’s
livelihoods are threatened, as has
happened in the case of rivers running
dry, they tend to look for
alternative survival opportunities that the
environment can provide,” said
Unganai. “For instance, they invade the
forests and cut down trees, leading
to deforestation that in turn causes
massive runoff that further silts up
the rivers.”
Robertson said
siltation was reducing water volumes in downstream dams and
would eventually
affect agriculture. “We still have commercial farming
activities that are
fed by existing dams but siltation will finally affect
them, leading to
hundreds of families losing their sources of income when
breadwinners lose
their jobs,” he told IRIN.
Communities that have been heavily dependent
on rivers for their livelihoods
need to be helped to look for other sources
of income away from the river
courses, said William Nduku of the Forum for
Environmental Education.
“Faced by dying rivers, the best option is to
relocate livelihood activities
from those water bodies to the homesteads
through the provision of communal
water points such as boreholes which can
be effective in communal or
smallholder market gardening while also
providing water for livestock and
other uses," he said.
[This
report does not necessarily reflect the views of the United Nations]
April 25th, 2012
A report by Derek Matyszak, Research and Advocacy Unit: Mugabe’s ZANU PF party has presented the “economic empowerment” of Zimbabweans as its key policy component and the main theme around which it intends to campaign for the next elections. Although the indigenisation of Zimbabwe’s economy is ostensibly a programme of an inclusive government, comprising both ZANU PF and the erstwhile opposition MDC formations, the MDCs and ZANU PF are sharply divided on how this programme should be implemented in practice.
This division is an echo of a starker disjuncture between the actual legal framework establishing Zimbabwe’s “indigenisation” policy and the framework which ZANU PF wishes to present and impose as being the legal regimen. ZANU PF’s loss of its majority in parliament in 2008 and constitutional constraints prevent ZANU PF amending the legislation so as to align its desired legal regimen with the actual. It has thus, with remarkable success, instead sought to alter the perceptions of the actual legal regimen to accord with its policy objectives. This has been achieved through its absolute control over all electronic media in Zimbabwe and the state owned press in which all programmes and articles on the indigenisation of the economy are carefully managed; through its control of the Government Ministry tasked with the implementation of the programme; and through the complicity of the non-ZANU PF aligned media which seems to prefer the ZANU PF version of the legal regime as the more likely to sell copy. The result is that a succession of myths has come to be accepted as fact. Each myth has built upon the one preceding, so that addressing the last requires considerable unravelling.
The myths that this article addresses are as follows:
COURT WATCH 8/2012
[25th April
2012]
Release
of Accused on Bail Repeatedly Thwarted by State
Misuse
of the Law [Section 121(3) of the Criminal Procedure and Evidence
Act]
Section
121(3) of the Criminal Procedure and Evidence Act [CPE Act] enables the
Attorney-General or his representative to have an accused person who has just
been granted bail by a judge or magistrate kept in detention for up to seven
days simply by telling the court that he or she wishes to appeal against the
grant of bail. This provision has been
misused so often that there is now a move to have it repealed by
Parliament. The motion for permission to
introduce a Private Members Bill to do this is currently in the House of
Assembly. It is timely therefore to look
at this part of the law, how it has been misused and how it has detracted from
the justice system.
What
Section 121(3) Says:
Section
121(3) provides that if a judge or
magistrate reaches a decision to grant bail to an accused person, this is
automatically suspended if, immediately after the decision, the judge or
magistrate is notified that “the
Attorney-General or his representative wishes to appeal against the
decision”. The effect of this
suspension is that the accused person must remain in custody for a further seven
days while the Attorney-General or his
representative decides whether or not to appeal.
·
If
an appeal is lodged within 7 days,
the accused person continues in detention until the appeal is decided
[Note:
Where an appeal is lodged, it
should, because it concerns personal liberty, be decided by the judge dealing
with it, whether in the High Court or the Supreme Court, within a few days of
its lodging. The relevant rules of court
require expeditious processing of such appeals.
In practice, unfortunately, appeals can take far longer than a few days;
for examples, see below.]
·
If an
appeal is not lodged within 7 days the accused person must then be released on
bail.
·
If, before
the 7 day period expires, the prosecutor notifies the court that the State has
decided not to appeal, the accused person must be released immediately, i.e.,
before the end of the 7 days.
An
Abuse of the Justice System
The
way section 121 (3) has been used by prosecutors has amounted to an abuse of the
justice system:
·
Usurpation
of the judicial role Section 121(3) in practice has taken a
judicial function away from judges and magistrates and allowed the Attorney-General representing
the State, which is an interested party, to arbitrarily overrule, albeit
temporarily, a judicial decision arrived at after hearing evidence and
submissions from both accused and the State prosecutor.
·
Violation
of right to liberty Frequently
the effect of the section in practice is that an accused person remains an extra
seven days or more in gaol on the prosecutor’s mere say-so.
·
Violation
of the principle of equality of all before the law The statistics also show that since April
2008 this largely groundless use of section 121(3) has been almost invariably
directed against:
o
human
rights activists, and
o
political
activists who are either members or supporters of MDC-T or proponents of views
opposed to those of the former ruling party.
Comment:
Any statutory provision that lends itself to arbitrary application is contrary
to principles of good law. That section
121(3) has often been used arbitrarily without any real thought having been
given to whether or not there is any basis for a State appeal is indicated by
the number of cases in which the State has not even gone through the motions of
lodging an appeal – and by the State’s abysmal, near-zero success rate on appeal
– see figures below.
Figures
[Veritas
thanks ZLHR for permission to make use of their copyright
material.]
Zimbabwe
Lawyers for Human Rights documented the use of section 121(3) in cases that came
to their attention over the period April 2008, just after the March 2008 general
election, through to February this year.
The figures show that:
·
out
of the 30 cases listed by ZLHR in which section 121(3) was invoked, the State
actually appealed in only 7
·
of
those 7 appeals, 6 were entirely unsuccessful, resulting in the release of the
accused persons on the conditions originally granted
·
in
the single case in which the State had a partial success, its application for
leave to appeal to the Supreme Court succeeded in respect of only one the three
accused persons involved.
Note:
Far more than 30 individuals were involved in these cases, because some of them
featured multiple accused, e.g. the case involving Hon Douglas Mwonzora MP and
22 co-accused from his MDC-T party.
Origin
of Section 121(3)
Section
121(3) first appeared in the CPE Act in 1975, before Independence. It is widely perceived therefore as a
colonial hangover originally designed to empower prosecutors to take oppressive
action against accused persons from the oppressed majority during the liberation
struggle.
Constitutionality
The
constitutionality of section 121(3) has been raised in at least two cases, both
of which still await set-down for hearing in the Supreme Court after referral to
that court by magistrates in terms of section 24 of the
Constitution:
·
MDC-T
Director-General Toendepi
Shonhe fell victim to the provision
in June 2009. He appeared before a
magistrate charged with perjury and was granted bail. The prosecutor invoked section 121(3) and Mr
Shonhe was kept in remand prison for an additional eight days until a judge
dismissed the State’s appeal and he was released. Meanwhile, Mr Shonhe’s lawyer had applied to
the magistrate for the constitutionality of section 121(3) to be referred to the
Supreme Court and the application was granted by the magistrate. Nearly three years later the Supreme Court is
yet to deal with the case.
·
MDC-T MP Douglas
Mwonzora and 22 co-accused MDC-T members were arrested in February 2011 on charges of public
violence allegedly committed following an MDC-T meeting in Nyanga. When the Nyanga magistrate granted them bail
a few days later, the State invoked section 121(3), resulting in all 23
remaining in custody for 25 days until their release following the dismissal of
the State’s appeal by a High Court judge.
In this case, too, the magistrate acceded to a defence request to refer
the constitutionality of section 121(3) to the Supreme
Court.
Section
121(3) Most Frequently Used in Magistrates Court
Inevitably
section 121(3) is invoked far more frequently at magistrates court level. This is because in most cases accused persons
first appear in the magistrates court following arrest by the police, and
magistrates have power to grant bail on most charges [except for certain
particularly serious offences]. If after
invoking 121(3) in the magistrates court, the Attorney-General follows up by
lodging a formal appeal – then that appeal is heard in the High Court.
Also
Used in High Court
The
Attorney-General
has also used section 121(3) where bail has been granted by High Court judges.
For example:
· After MDC-T Minister of
Energy and Power Development Elton Mangoma was arrested on 25th March 2011 on a
charge of abuse of public office, Justice Kudya
granted him bail. The prosecutor
immediately invoked section 121(3) and followed this up with an application for
leave to appeal to the Supreme Court [when bail is granted in the High Court a
State appeal against it has to be heard in the Supreme Court]. On 4th April the prosecutor’s application to
leave to appeal was heard by Justice Musakwa, who
threw out the application as having no merit and ordered Mr Mangoma’s immediate release. As it was Mr Mangoma had remained in custody
for 11 days. If leave to appeal to the
Supreme Court had been granted, it would
in fact have meant Mr Mangoma being detained for much
longer.
· Section 121(3)
was also invoked against a decision of Justice Ndou granting bail in the
Mthwakazi Liberation front treason case in Bulawayo.
Judicial
Condemnation
The
December 2011 remarks of Justice Mathonsi, dismissing a State appeal against
bail granted to three Media Monitoring Project of Zimbabwe staffers arrested in
Gwanda, are instructive: ‘Section 121(3) ... gives the appellant (the
Attorney-General) power to veto the grant of bail to an accused person ... To
the extent that it interferes with the liberty of a person who has been admitted
to bail, that discretion should be exercised judiciously because the
legislature, in its wisdom, entrusted the appellant with huge powers. For that reason, it is unacceptable for any
representative of the Attorney-General
to shoot up the moment bail is pronounced and invoke section 121 without
applying his/her mind to the basis for such invocation. I have said that there is no merit in the
grounds of appeal, which do not show any misdirection at all on the part of the
court a quo. In fact those grounds are
legendary by their lack of merit. One is
therefore left wondering whether the appellant’s representative did apply his
mind at all. The abuse of section 121 to
keep persons in custody who have been granted bail has tended to bring the
administration of justice into disrepute.
It must be discouraged by all means and the time has come to announce to
law officers prosecuting on behalf of the Attorney-General that section 121 should be invoked only in those
situations where there is merit in the appeal ... Persons who have been properly
granted bail should not be kept longer in custody merely as a way of
punishment. That is an improper exercise
of the discretion given to the Attorney-General by section 121.” [Text
of full judgment available from veritas@mango.zw].
Impact
on Accused
Incarceration
in remand prison involves much more than loss of liberty. Conditions in Zimbabwe’s prisons are so
notoriously bad that a spell in remand prison routinely exposes a prisoner to
appallingly unhygienic conditions, the risk of disease, overcrowding, lack of
proper diet, lack of adequate medical treatment, etc. – there have been numerous
protests about inhuman conditions in the country’s prisons. Often there is a loss of income, particularly
in the case of the self-employed. And
the disruption of a detainee’s normal family life inevitably leads to worry and
stress for parents, spouses and children, and friends. After the relief to the accused, their family
and colleagues of being granted bail, to have this relief immediately cancelled
by a spurious invocation of section 121(3) can be devastating.
Some
High Profile Cases where the State Invoked Section
121
Bennett
Case Senator Roy Bennett was arrested on sabotage
and weapons charges on 13th February 2009.
He was granted bail by a High Court judge 11 days later, but remained in
custody when the prosecutor invoked section 121(3). The State’s appeal to the Supreme Court went
ahead but was dismissed by the Chief Justice on 11th March. Mr Bennett had spent nearly four weeks in
custody, with a gap of 15 days between the initial decision to grant him bail
and the dismissal of the State’s appeal.
He described the conditions in the Mutare Remand Prison as “the worst I have ever
experienced”. [Note:
In May 2010 Mr Bennett was acquitted on the sabotage and weapons charges at the
close of the State case in his High Court trial.]
Hon
Elton Mangoma A side-effect of Hon Mangoma’s extended stay
in remand prison was his inability to carry out his duties as an MDC-T
negotiator in important GPA talks; because of the timing, some have suggested
this was the intended effect of the action taken against
him.
Christmas
in gaol for Lynnette Karenyi MP In a more recent case Hon Lynette Karenyi,
MDC-T MP for Chimanimani West, had eight days in custody courtesy of section
121(3), missing Christmas with her family.
Arrested on 19th December on a charge of insulting the President, she was
granted bail by a magistrate on 20th December, and only released on 28th
December after the prosecutor failed to lodge an appeal.
Gandhi
Mudzingwa and 6 other abductees In April 2009, Mr Mudzingwa and 6 of the
other abductees were finally granted bail by a High Court judge after over three
months in remand prison [and varying periods of unlawful State detention as
“disappeared” persons before they were initially taken to court]. The prosecutor ensured another 7 days of
detention by invoking section 121(3) – and then failing to lodge any
appeal.
Cases of
long delay before release There are several examples of prolonged
detention pending hearing and decision of appeal:
·
Eric
Matinenga [2008] Shortly after the March general election,
Eric Matinenga, newly elected MDC-T MP for Buhera West [later to be Minister of
Constitutional and
Parliamentary Affairs
in the Inclusive Government] found himself was arrested on allegations of public
violence shortly after he had obtained a High Court order directing the Zimbabwe
Army to stop harassing people in his constituency. A magistrate granted bail and the prosecutor
invoked section 121(3). As a result Mr
Matinenga was kept from his busy practice as a leading advocate, and from his
party duties, for some four weeks. It
took that long for the State’s appeal against his bail to finalised; the appeal
was dismissed. At his later trial on the
public violence charge Mr Matinenga was acquitted.
· Douglas Mwonzora MDC-T MP for Nyanga North, and 22 co-accused MDC-T members
[2011]. This group was in custody for 25
days until a High Court judge dismissed the State’s appeal. One of the accused, Headman Nyakauru,
aged 82, was denied access to private medical practitioners and his health
deteriorated rapidly, resulting in his death a few weeks after his release. Mr Mwonzora’s prolonged absence from his
duties as COPAC co-chairperson for the MDC-T undoubtedly slowed progress in the constitution-making process at a
crucial time.
Conclusion
The
cases show that magistrates and judges, having heard evidence and argument from
both prosecutor and defence, are better able than prosecutors to make a
balanced, rational decision on the merits of granting bail and any risks
attached. It is the prosecutors who have
frequently been shown to have acted hastily, arbitrarily or unwisely and unfit
to wield the power given them by section 121(3). The reality seems to be that section 121(3)
is both unnecessary and irredeemably open to abuse.
Magistrates
and judges should be trusted to make responsible use of their powers to grant or
withhold bail to accused persons. And
prosecutors should be deprived of their present power to block release on bail
by simply saying the State wishes to appeal.
MP’s
Bid to Introduce Bill to repeal Section 121(3)
When the House of Assembly adjourned on 28th March
for a six-week recess, it was only part of the way through debating Hon Gonese’s
motion asking the leave of the House to introduce his Private Member’s Bill to
repeal section 121(3) of the Criminal Procedure and Evidence Act. Debate is due to continue when the House
resumes sittings on 15th May. The House
has yet to hear the views of the Minister of Justice and Legal Affairs, who is
the Minister responsible for the Criminal Procedure and Evidence Act, on Hon
Gonese’s proposal. Only if the motion is
approved will Hon Gonese be permitted to hand in his Bill for official printing
and gazetting and subsequent consideration by the House.
A
chance to lobby MPs to support the repeal bid The present Parliamentary recess – through to
15th May – presents an opportunity for lobbying MPs. Now is the time to make sure that when they
come to vote on Hon Gonese’s motion as many MPs as possible are aware of the
feelings of their constituents and civil society organisations on whether this
much-criticised statutory provision should be retained on the statute book. At this point in the debate MPs seem to have
split along party lines – with MDC-T MPs supporting Mr Gonese and giving
numerous examples illustrating the State’s abysmal record in its use of section
121(3) and the consequential injustice suffered by the individual citizens
concerned; and ZANU-PF defending it as in some way essential to prevent anarchy
and chaos and the commission of serious crimes, but without giving any examples
of cases in which section 121(3) has actually been effectively used for these
purposes.
Veritas makes
every effort to ensure reliable information, but cannot take legal
responsibility for information supplied.