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Voter registration exercise begins amid claims of fraud

http://www.swradioafrica.com/

By Tichaona Sibanda
29 April 2013

The Zimbabwe Electoral Commission (ZEC) has officially launched a nationwide
voter registration campaign, for elections due to be held this year.

But the exercise has been overshadowed by reports of irregularities on a
massive scale. The MDC-T said they’ve noted with great concern fraudulent
activities in the days leading to the launch of the campaign.

Party spokesman Douglas Mwonzora told journalists in Harare on Monday that
in some constituencies the voters roll has ballooned by as many as 10,000 in
48 hours, meaning that the Registrar-General’s officers are registering
about 153 voters a second.

‘This is just impossible. In ward 42 of Hatcliffe (Harare North), a
constituency held by (Theresa) Makone, on Monday 15th April the roll had a
mere 5,196 voters, but by Wednesday 17th April it had 17,068. A difference
of 11,890 more voters in 48 hours,’ Mwonzora said.

The Nyanga North MP said an initial inspection of the roll in many other
constituencies revealed that in some instances names of voters are missing,
while others have their names misspelt.

‘This is something that can prevent people from voting because it is very
difficult to pick up the mistakes,’ he said.

The voters’ roll is also currently riddled with names of dead people, some
of whom died decades ago. There have been calls for ZEC to overhaul the
electoral roll as the nation prepares for polls that could end the political
stalemate.

An editorial in the Zimbabwe Standard newspaper suggested that a starting
point would be to independently audit and flush out ghost voters.

‘A chaotic registration system which has allowed duplicate entries and
voters to be enrolled in wrong constituencies should also be done away with.
These problems need to be sorted out first, since a credible voters’ roll is
a critical element of a free and fair election,’ the paper said on Sunday.

The 20-day process began as the three parties to the GPA are still to agree
on an election date, though analysts believe the poll might be held at the
end of July or end of September.

The month of August has been ruled out due to the United Nations World
Tourism Organisation (UNWTO) summit, to be jointly hosted by Zimbabwe and
Zambia in Victoria Falls. The annual Harare Agriculture Show is also to be
held at the end August.

Voter registration was due to begin in early January, but failed to take off
after the Ministry of Finance failed to give funds to ZEC for the campaign.
However government last week dished out $8 million for the exercise.

With memories of the botched disputed 2008 election still fresh, ZEC is
approaching the voter registration with the knowledge that a botched voter
registration process could have negative consequences for the credibility of
the coming election.

Mwonzora said the registration exercise will be a test for an electoral body
still struggling to demonstrate integrity and competence, having used a
discredited voters’ roll in the past.

In just a month ZEC must put in place a system that will capture and store
voter information for millions of people while at the same time making sure
that the register is secure and without errors.


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Massive irregularities on voters’ roll: Makone

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

Monday, 29 April 2013 14:12
HARARE - Co-Home Affairs minister Theresa Makone has accused the Registrar
General (RG)’s office of manipulating the voters’ roll and claims she
unearthed “massive irregularities” on her Harare North Constituency roll.

Makone says according to copies of the voters’ roll she bought from the RG’s
office, over 13 000 fresh voters had been included within 48 hours but her
name was missing from the roll. In a bid to validate whether the fresh 13
000 fresh voter’s were indeed in existence, Makone dispatched 19 MDC
supporters in her constituency to conduct a door to door campaign and
“verification” exercise.

The MDC activists endured the weekend in police custody after they were
arrested during the “verification” exercise and accused of impersonating a
public official.

“On Monday April 15, I went to the RG’s offices and bought a copy of the
voters’ roll which had 8 305 voters for ward 18 where I am a registered
voter. My name was missing. I bought another copy for ward 42 which is
Hatcliffe, it had 5 196 voters.

“I went back on Wednesday 17 April, I found the situation to have changed,
ward 18 had 10 076 voters and my name there but misspelt. In ward 42, the
figures had grown from 5 196 to 17 068 voters” said Makone.

From the statistics 13 643 people were added to the roll within 48 hours,
which translates to 284 people being registered hourly if workers at the RG’s
office are working 24 hours without resting, Makone said.

The RG’s office is headed by Tobaiwa Mudede, a man MDC formations and civil
society want fired before the next elections are held claiming he has over
the years helped Zanu PF rig polls. Mudede was said to be in meetings when
the Daily News sought comment with officials saying he was the only one who
could comment.

Mudede has in the past repeatedly dismissed allegations of abetting vote
rigging, and at one time said the voters’ roll was 100 percent perfect. But
Makone, whose ministry is in charge of the RG’s office, is less than
impressed.

“If the RG’s office is working at that rate, then I am sure everyone in
Zimbabwe by now is on the voters’ roll. But I am surprised to note that my
name was missing on Monday only to be found two days later, although
misspelt to ensure that I could not vote,” Makone said.

The minister’s full name is Theresa Maonei Makone, but the RG’s office wrote
it as Theresa Maoneyi Makone.

Makone says the “massive rigging plot unearthed” in her constituency could
be a “tip in an iceberg”.

“If they can do it to me, what it is that can stop them from doing it at to
other constituencies’ around the country?” Makone asked.

With elections beckoning on Zimbabwe, preparation of the voters’ roll has
turned to a hot issue for parties in the shaky coalition government, with
allegations of manipulation and vote rigging strategies being raised by both
the MDC and President Robert Mugabe’s Zanu PF.

Last week, Zanu PF, which conducted its own verification exercise, alleged
that hundreds of people in Marondera had used fake addresses to register as
voters.

State Security minister Sydney Sekeramayi alleged this was a plot to rig
elections and Zanu PF raised an official complaint with elections management
body Zimbabwe Electoral Commission over the issue. - Xolisani Ncube


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SA facilitators ‘blocked’ by ZANU PF

http://www.swradioafrica.com/

By Alex Bell
29 April 2013

ZANU PF is reportedly blocking efforts by the South African facilitation
team from making any meaningful progress in its mediation efforts, calling
their presence ‘unnecessary’.

According to a report by South Africa’s Mail & Guardian newspaper, Robert
Mugabe and his party do not want Jacob Zuma’s facilitation team playing a
central role in Zimbabwe’s election plans. As a result, the party has
actively been snubbing the SADC appointed team.

The newspaper quoted senior party negotiators representing both the MDC-T
and ZANU PF, a SADC representative and a government minister and a ZANU PF
politburo member. The SADC representative, who preferred to remain
anonymous, said the SADC team had been in and out of Zimbabwe attempting to
secure access to joint ZANU PF and MDC meetings, without success.

“He said they had been told off the record that their presence was
unnecessary and tantamount to interference in the running of government,”
the newspaper reported.

The report goes on to state that repeated attempts to secure a meeting with
Mugabe have been in vain. Last week, Zuma’s team was in Harare to meet
government principals and party political leaders but only managed to see
MDC-N leader Welshman Ncube. According to the Mail & Guardian, Ncube said
the facilitation team had not been able to meet Mugabe because his office
had indicated he would be unavailable “indefinitely”.

Another government official confirmed that Zuma’s team had been snubbed, and
said there is “growing hostility and tension between Mugabe and Zuma.”

South Africa’s mediation efforts have hit numerous stumbling blocks over the
past four years, mainly due to opposition by ZANU PF. Most recently the
party blocked the South African team from attending JOMIC meetings, saying
there was no place for them there.

SW Radio Africa last year spoke to South African diplomats who accused ZANU
PF of deliberately frustrating Zuma’s facilitation efforts. The diplomats
said that ZANU PF ‘obstruction’ was becoming an endemic problem.

The mediation team are not the only group being brushed off by Mugabe’s
party. Earlier this month, a United Nations (UN) delegation ended up
stranded in South Africa after ZANU PF refused to allow them to visit the
country on a fact-finding mission. The party refused to bend to UN
stipulations that they meet with civil society groups.

McDonald Lewanika, the Director of the Crisis in Zimbabwe Coalition, said
this kind of bevahiour from ZANU PF is expected this close to elections.

“As we move closer to elections we are going to see increased resistance to
reforms and increased resistance to any group demanding the reforms. These
actions are mean to stonewall attempts at the reforms stipulated in the
 GPA,” Lewanika told SW Radio Africa.

Commenting on why SADC never speaks out against these stonewalling efforts
by ZANU PF, Lewanika said this was because of the ‘embarrassment’ that would
be caused. He said Zuma in particular would want to ‘save face’, by
exercising a non confrontational approach.

“It is the biggest challenge in this situation. But this is the way
diplomacy is,” Lewanika said.

Meanwhile the South Africa facilitation team has said it will tackle the
exclusion of MDC-N leader Ncube, saying this was a violation of a regional
resolution.

Chief facilitator Lindiwe Zulu said the facilitation team was not happy with
Ncube’s continued exclusion and wanted to bring an end to this.

Ncube recently wrote to the SADC chairman, Jakaya Kikwete, accusing Mugabe
and Prime Minister Morgan Tsvangirai of making key governance decisions
without consulting him.

But Zulu said this should come to an end, as all the parties that signed the
GPA must be included in negotiations.

“The GPA was signed by three political parties and we think they should all
be represented, SADC has taken a decision to that effect,” she said. “None
of those parties must be marginalised.”


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Tsvangirai heads to Tanzania as diplomatic offensive continues

http://www.swradioafrica.com/

By Alex Bell
29 April 2013

Prime Minister Morgan Tsvangirai travelled to Tanzania on Monday as part of
a regional diplomatic offensive, with the MDC leader urging SADC to put
pressure on Robert Mugabe ahead of elections.

Tsvangirai was due to meet Tanzania President Jakaya Kikwete on Monday
evening after embarking on his regional tour on Sunday, with his first stop
being neighbouring South Africa.

Calling the meetings so far ‘fruitful’, Tsvangirai’s spokesman Luke
Tamborinyoka confirmed via Facebook that the Prime Minister would be meeting
Kikwete. Tamborinyoka also said that the MDC leader had met South African
President Jacob Zuma and held a 40 minute meeting with him.

“President Zuma told the Prime Minister that SADC and the AU will do
everything in their power to ensure a free and fair poll in Zimbabwe,”
Tamborinyoka said. He added: “The PM is keen on an extraordinary summit on
Zimbabwe.”

Tsvangirai is also expected to travel to Mozambique to meet President
Armando Guebuza, and to Namibia to meet Prime Minister Hage Geingob. It is
understood that Tsvangirai may also extend his trip beyond SADC, by meeting
key members of the African Union.

SADC, as the guarantors of the unity government in Zimbabwe, have faced a
barrage of criticism over the past four years for not doing more to ensure
that reforms promised by the Global Political Agreement (GPA) are
implemented. Tsvangirai too has faced criticism for not being vocal enough
in demanding that ZANU PF stop stonewalling attempts at democratic change.

MDC leader Welshman Ncube has also reportedly dismissed Tsvangirai’s
regional tour as “nonsensical.”  Ncube has accused Tsvangirai of colluding
with Mugabe in going against the GPA.

“They agreed for a July election and two weeks ago, he announced that they
had tasked two ministers to come up with a roadmap. In the last few years,
they have been focusing on stupid announcements. So how do you run to SADC
yet you colluded with Mugabe in subverting the GPA? They sit with Mugabe
every Monday, but all he did was to be cheated and dribbled by Mugabe,”
Ncube is quoted by NewsDay as saying.


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Zuma promises Tsvangirai free and fair elections

http://www.thezimbabwean.co.uk/

29.04.13

by Nelson Sibanda

SADC facilitator to the Zimbabwe Global Political Agreement and South Africa
President Jacob Zuma has promised Prime Minister Morgan Tsvangirai free and
fair elections in Zimbabwe.

Tsvangirai met with Zuma in Pretoria last night as part of his diplomatic
regional tour aimed at sensitizing heads of states on GNU squabbles
threatening to derail coming Zimbabwe elections.

The MDC-T leader wants GPA guarantors, SADC and African Union to ensure that
the agreed election road map is respected to make the political environment
conducive for free and fair election.

“SADC and AU as guarantors of the GPA will do everything possible to ensure
a free and fair poll in Zimbabwe,” Zuma told Tsvangirai.

Sticking GPA points Tsvangirai would want cleared ahead of elections include
public media reforms, security sector realignment, a clean and credible
voters roll and the alignment of laws to the new constitution.

To iron out the differences Tsvangirai would want both a full SADC and a
Troika summit to be convened to clarify and define the election roadmap.

President Zuma is expected in Zimbabwe anytime soon to engage with the
principals of the GPA as a matter of urgency.

The second leg of Tsvangirai’s regional diplomatic offensive tour will see
him meet with SADC Troika chairperson President Jakaya Kikwete of Tanzania
tonight.

Tsvangirai would appraise Kikwete on the developments in Zimbabwe politics.

Last week Tsvangirai reacted to Zanu (PF) declarations that security sector
reforms were not part of GPA by demanding that outstanding and agreed
reforms must be implemented before elections are held.

“SADC should pressure Mugabe to implement reforms before elections or else
there will not be any polls,” Tsvangirai told journalists at MDC-T Harvest
House in Harare last week.

He said the major stumbling block to the implementation of the reforms was a
palpable deficit of political will to implement agreed issues.

“In a short while I will be visiting players within SADC and the AU to
ensure that Zimbabweans are guaranteed of a free and fair election.”


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Tsvangirai takes crisis to Sadc

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

Monday, 29 April 2013 14:14

HARARE - Prime Minister Morgan Tsvangirai today meets Sadc chairperson
Jakaya Kikwete over Zimbabwe’s political problems, as preparations for a
watershed election scheduled for later this year threaten to tear the
coalition government apart.

The meeting with Kikwete in Tanzania’s capital, Dar es Salaam, is part of a
blitz planned by Tsvangirai to update regional leaders on the situation in
Harare, with a hope that they can nudge President Robert Mugabe into
accepting media and security sector reforms.

Minister of State in Tsvangirai’s office Jameson Timba confirmed the
meeting.

“The Prime Minister is meeting the Sadc chairperson tomorrow (today) to
discuss the conditions under which the elections are to be held particularly
ways of protecting the voter and the vote itself. Other outstanding issues
of the (power-sharing) Global Political Agreement, including media reforms
and security sector realignment, will also come under discussion,” said
Timba.

Signs are Mugabe and Tsvangirai are moving further apart as the election
nears.

For example, a mobile voter registration blitz agreed to by Mugabe and
Tsvangirai scheduled to start today is already up in smoke, a move
signalling the height of mistrust and discord in Zimbabwe’s shaky “unity”
government.

Eight million dollars has been pumped into the blitz, but Tsvangirai’s MDC
and the formation led by Industry minister Welshman Ncube say the period
allocated to it is illegitimate.

Added to this, Home Affairs co minister Theresa Makone, whose ministry is in
charge of government departments responsible for voter registration, claims
to have unearthed “massive” irregularities on the voters’ roll.

From today until May 19, officials from the Registrar-General’s office are
expected to move to every corner of the country to start a blitz aimed at
mopping potential voters who are not on the voters’ roll ahead of the
harmonised elections sometime this year.

In a statement last week, Registrar General Tobaiwa Mudede said his
officials would be camped in 1 958 wards countrywide.

But Tsvangirai and Ncube’s parties are raising a storm arguing that the
recently-adopted draft constitution should be formally adopted first and the
date for its coming into effect promulgated in the government gazette before
a 30-day voter registration and voters’ roll inspection blitz begins.

The former opposition parties say the process should enable aliens who have
not voted since independence from Britain in 1980 to acquire proper
documents that allows them to vote in line with the recently-endorsed new
draft constitution.

MDC spokesperson Douglas Mwonzora said Mudede’s announcement was at variance
with what was agreed to by “all political parties” in their election roadmap
and with the Zimbabwe Electoral Commission (Zec).

“We don’t know what Mudede is talking about when he says the duration of the
voter registration blitz is three weeks. This is just a mobile voter
registration exercise,” said Mwonzora.

“What we know, according to the new draft constitution and the election road
map agreed to by political parties, is that we will conduct the national
registration blitz and it takes not less than 30 days.

“The process must be long enough to allow everyone to register, including
the so-called aliens, and we will make sure this happens because that is
also the agreement between political parties and Zec,” said Mwonzora.

Ncube’s MDC spokesperson Nhlanhla Dube described today’s voter registration
exercise as “just a normal” voter registration that is an ongoing process
nationwide.

“I don’t think he (Mudede) is talking about the accelerated national voter
registration exercise that is carried out whenever elections are due. That
one requires not less than 30 days according to the law and when one looks
at the time allocated for this one it is clear that what is going to happen
on Monday (today) is part of the ongoing exercise,” Dube said.

Voter registration was supposed to have started on January 3, 2013 but
failed to take off because Treasury argued there were other budgetary
demands.

Voter registration is a continuous process, but government conducts a
registration blitz towards each election to cater for people who would not
have registered.

For these elections, aliens are expected to vote for the first time after
being granted voting rights in the new constitution.

The voters’ roll is ward-based and one is required to produce proof of
residence to be registered as a voter in that particular area. - Mugove
Tafirenyika


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EU delegation visits Zimbabwe

http://www.thezimbabwean.co.uk/

29.04.13

by Staff Reporter

A delegation of the European Parliament Development Committee is visiting
Zimbabwe from today (29 April) to 3 May as part of the re-engagement
process, an EU statement says.

In the statement released on Monday, the EU country office in Harare said
the visit would be the first by the committee in over 10 years.

The three-member team is being led by Norbert Neuser, the German MEP of the
Progressive Alliance of Socialists and Democrats group and also comprises
Filip Kaczmarek, the Polish MEP of the European People's Party group and
Judith Sargentini, the Dutch MEP of the Greens/European Free Alliance group.

“During the visit, the delegation will be updated on existing EU development
assistance programmes, the development needs of the country and the
priorities of the Government of Zimbabwe.

“The members of the delegation have a particular interest in food security,
health, agriculture and sustainable energy. The visit is important in view
of the programming and preparation for future EU cooperation with Zimbabwe
in the framework of the 11th European Development Fund (2014-2020),” says
the EU statement.

The visiting delegation is expected to meet representatives of key
ministries such as Finance, Education, Agriculture, Energy and Small and
Medium Enterprises and Cooperative Development.

In addition, it will meet the Speaker of Parliament, Lovemore Moyo and the
President of the Senate, Edna Madzongwe.

It will also visit ongoing development assistance programs.


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Poor planning blamed for power cuts at Townhouse

http://www.swradioafrica.com/

By Nomalanga Moyo

29 April 2013

The Harare City Council has been criticised following the disconnection of
electricity at several facilities owned by the authority.

Townhouse was last week Tuesday plunged into darkness when national energy
supplier the Zimbabwe Electricity Supply Authority (ZESA), cut off supplies
over an estimated $774 million bill.

Two other council facilities, Cleveland House and Remembrance Drive, have
reportedly been without electricity for at least five days.

Cleveland House is where the urban planning services and the engineering
departments are based, while Remembrance Drive is home to the housing
department and its divisions.

Media reports suggest that even Mayor Muchadeyi Masunda’s offices were in
total darkness on Friday, with idle workers attending only to those queries
requiring manual processing.

Last week council officials could not shed light over what was happening at
townhouse, with Mayor Masunda saying he did not have the full details as he
had been abroad, while the council’s spokesman indicated that he was out of
the office.

Precious Shumba, who heads the Harare Resident’s Trust, said given such
abdication of responsibility by officials, it was hardly surprising that
ZESA had taken steps to disconnect supplies. He said the switch-off
highlights the lack of planning that residents are confronted with at the
municipality.

He said: “While we condemn the way ZESA has handled the situation, this is
what residents have always complained about: a lack of foresight on the part
of those entrusted with running the city on our behalf.

“Generators are sold everywhere in Zimbabwe and for such a large authority
to lack a backup plan for when something like this happens boggles the
 mind.”

Shumba said for the past decade, Zimbabwe has been facing power outages and
load shedding and the council should by now have put in place measures to
ensure that there are no major disruptions to council business when power is
disconnected, for whatever reason.

Harare Water also owes ZESA $45 million, accumulated over 45 months, with
monthly power consumption at $1 million a month at its water treatment
plants, according to state media.

It was not possible to verify the figures with council spokesman Leslie
Gwindi as he refused to speak us, saying all questions should be sent to him
in writing. Gwindi had not responded by close of business Monday.

It is understood that the huge council bill includes charges for traffic and
street lights, as well as for the council-owned properties such as Mbare
Hostels, where ZESA has failed to install meters due to the poor state of
the buildings.

However the majority of street, traffic and tower lights, like most other
facilities in the country, are in a state of disrepair and do not work.

Shumba said it was important for the Harare City Council and ZESA to reach a
workable arrangement over the outstanding bill so that normal council
business resumes as soon as possible.


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Legal expert says not necessary to extend life of parliament

http://www.swradioafrica.com/

By Violet Gonda
29 April 2013

A legal expert has said there are three main pieces of legislation that
require amendments before the forthcoming election, but that it’s not
necessary to amend the constitution to extend the life of parliament, as
suggested in the media.

Derek Matyszak was reacting to reports claiming the two MDC formations were
proposing a constitutional amendment that would see the life of the House of
Assembly being extended beyond June 29 when the tenure of parliament
expires. This would allow more time for the implementation of fundamental
reforms.

But Matyszak said while it’s important to have key reforms in place before
elections there are only three crucial pieces of legislation that certainly
need amendment before elections. “The most important is the Electoral Act,
because that needs to be amended to take into account the provisions
relating to proportional representation and then you need to tweak the Local
Government Act and probably the Provincial Councils Act.

“So those are the only three pieces of legislation that absolutely must be
changed before the elections, and I would have thought that parliament would
have been able to do that by June 29th.”

The lawyer told SW Radio Africa that President Robert Mugabe has the power
to use the Presidential Powers Temporary Measures Act to introduce other
legislation “though it would be undesirable for the President to use those
powers in this situation.”

The new constitution is set to be enacted into law when parliament resumes
in early May. It is this new charter that will determine the setting of the
poll dates and the general conduct of the elections.

In the new constitution 60 seats will be reserved for women on a
proportional representation system. The parliamentary seats will be
distributed based on the proportion of votes that each party receives in
each province.

Matyszak said this is why the Electoral Act will need to be amended to cater
for this new system. However he added: “I expect to see a lot more blood on
the floor if you consider that you might have candidates within each party
who are uncertain of winning their constituencies; they might decide that
they want to take the safer route of being on top of the proportional
representation list.

“And I don’t know if the parties have even agreed if a person can stand both
as a constituency member and also be on the proportional representation
list, either as a woman representative or as a member of senate.

“If you are not a member of parliament then your chances of becoming a
minister are severely reduced because I think only five people can be
appointed ministers from outside parliament. So there is going to be very
stiff competition to get high up on those PR lists and I expect some serious
infighting as a result.”

He said there are strong arguments for proportional representation in a
deeply divided society like Zimbabwe where political parties will be
represented in parliament according to their strength, unlike the current
first past the post system, which stipulates that the winner takes all.

Matyszak said: “If you think about the first past the post system, the party
that for example gets 49 percent, can end up with absolutely no
representation in parliament because every constituency was won by 51
percent by the other side. So it’s a winner takes all system which is very
dangerous and destabilising in an already deeply divided society.”

The MDC formations in the inclusive government have consistently complained
that there is a great deal of resistance by ZANU PF to introduce any other
reforms. Matyszak said the new constitution will also render several
sections of other legislation unconstitutional – such as various provisions
in the Broadcasting Services Act and the Criminal Procedure and Evidence
Act.

He believes these are the issues that the drafters of the new constitution
should have worked on at the beginning.

“If ZANU PF hasn’t agreed to these reforms in the many years of the unity
government they are not likely to do so in the few months remaining before
elections.” Matyszak added: “That is why I say it is not strictly necessary
to extend the life of parliament because you will be extending it for
reforms that are unlikely to take place in any event.”

MDC leader Welshman Ncube denied his party is calling for the extension of
parliament. We were not able to reach Prime Minister Morgan Tsvangirai for
comment.


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MDC activists remanded in custody over door-to-door campaign

http://www.swradioafrica.com/

By Tichaona Sibanda
29 April 2013

Nineteen MDC-T activists, who were arrested in Hatcliffe last week while on
a door-to-door campaign, appeared in court on Monday charged with
impersonating government officials.

The bail hearing was adjourned to Tuesday and all 19 were remanded in
custody. The activists, part of a campaign team put together by co-Home
Affairs Minister Theresa Makone, were picked up by the police on Thursday
last week as they went around Hatcliffe asking residents to register as
voters.

Lawyers representing the group said police claimed that they were wearing
T-shirts usually worn by officials from the Ministry Home Affairs. They were
going around the high density suburb asking residents to check and confirm
if their names were on the voters roll and advising them to register to vote
if their names were missing.

The group was found in possession of copies of the voters rolls for the
Harare North constituency. Makone, who is the MDC-T MP for the area told SW
Radio Africa she bought the voters’ rolls from the Registrar General at $15
per copy.

‘I purchased 12 copies for my constituency, clearly for no reason other than
voter verification. As a matter of fact my own name was missing in the first
copy and then mis-spelt in the subsequent copy.

‘As far as I am concerned, this whole furore is meant to cause fear and
despondency in my activists, while ZANU PF continues with its own door to
door campaign unhindered,’ Makone said.

Last week, Makone launched a blistering attack on the police after they
arrested the group branding the actions as ‘stupid and shameful.’


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Zanu PF on fire

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

Monday, 29 April 2013 14:14

HARARE - Despite the bravado exuded by President Robert Mugabe in calling
for an early election, he faces the daunting task of uniting a party that is
cracking at the seams ahead of this year’s harmonised elections.

Zanu PF party’s boat is sinking in almost all of the country’s 10 provinces
owing to Mugabe’s failure to stem factionalism spurred by the 89-year-old’s
failure to groom or at least identify a successor.

Defence minister Emmerson Mnangagwa and Vice President Joice Mujuru are
reportedly leading the two largest camps battling to succeed Mugabe as party
leader.

Nothing could have highlighted the cracks in the party more than the
Independence Day celebrations boycotts in Masvingo and Manicaland provinces
by party stalwarts.

In Masvingo, Mnangagwa’s faction led by provincial chairperson Lovemore
Matuke is under fire from a rival faction that wants them punished for
snubbing independence celebrations held at Mucheke Stadium, opting to attend
a campaign rally for an aspiring member in Mashava.

The other faction, loyal to Vice President, Joice Mujuru and led in the
province by politburo member, Dzikamai Mavhaire, wants Mugabe to discipline
their rivals for defying his calls for non-electioneering before primary
elections dates and guidelines are set.

Mavhaire blasted the provincial executive for doing the party a disservice.

“It’s very unfortunate that Zanu PF brought independence to the country and
its leadership here decided not to attend the celebrations for their own
activities. This is an exclusive show of defiance of the party principles
and leaders at national level,” said Mavhaire.

“The day is respected by every person in the country, including members of
other parties that did nothing to liberate the country but we are failing to
understand why some party members would do such a thing, it’s actually
treacherous,” said Mavhaire, who is battling to outdo the rival faction in
primary elections which have been stalled by infighting.

Successive politburo meetings chaired by Mugabe have failed to come up with
guidelines for primary polls as members continue to haggle over the issue
which could aggravate cracks in the party.

In Manicaland, provincial governor Chris Mushowe had to beg for Mugabe’s
intervention, warning that the party could again lose elections if the
factionalism is not sorted out.

Mushowe believes Mugabe’s intervention in the province could help salvage
Zanu PF as factional fights have now spilled into the courts where top
provincial officials Mike Madiro and Dorothy Mabika are being prosecuted for
allegedly stealing Mugabe’s birthday beasts.

Mushowe admitted to the Daily News that factionalism could harm his party’s
chances of winning back support in the province where it got only six seats
out of 26 which went to the MDC.

“What we saw last week (Independence boycott), which is a culmination of the
political squabbles in this province it must be avoided.

“I hope that the leadership of President Mugabe and the presidium will one
day decide on how Manicaland should be handled and take a decision that will
save Manicaland,” Mushowe said.

Another case in point is the ongoing trial of businessman-cum politician
Temba Mliswa on charges of assaulting Mashonaland West Zanu PF‘s women’s
league chairperson, Sarah Mahoka which has been viewed by many as
epitomising the factionalism in the province.

Mliswa is reportedly in Mujuru’s camp while Mahoka represents Mnangagwa’s
interests.

In Bulawayo, the party is in tatters as it has had three provincial
chairpersons within seven months following the ouster of Isaac Dakamela in
July last year to be replaced by Killian Sibanda, who has since been toppled
by Callistus Ndlovu.

The infighting raises questions about Mugabe’s preparedness for an election
likely to be the most competitive since 1980.

Insiders say Mugabe is desperate to unite warring factions to entertain
hopes of trouncing his political nemesis and uneasy coalition partner, Prime
Minister Morgan Tsvangirai who won first round voting in the 2008
presidential election but pulled out of a subsequent runoff citing violence,
leading to the formation of the coalition government.

In the March 2008 election, Tsvangirai polled 47, 9 percent of the vote
while Mugabe managed 43, 2, only to be saved by Simba Makoni, who according
to Zapu leader Dumiso Dabengwa, entered the race to avoid an outright
Tsvangirai victory.

Makoni garnered eight percent to force the disputed runoff between Mugabe
and Tsvangirai.

Analysts say it will be difficult for Mugabe, a former school teacher, to
bring together warring factions ahead of elections as there is realisation
by the faction leaders that Mugabe’s time is over in view of his advanced
age.

“The two warring factions in Zanu PF will never be united by anyone
precisely because there is a critical realisation that Mugabe is past his
sell by date. They see this as a chance to cement their political hegemony
in the party after Mugabe,” said Zimbabwe Democracy Institute director
Pedzisai Ruhanya.

Ruhanya said the best move for Mugabe would be to resign before elections
and call for a congress that would choose a new leader.

“If you look at Mugabe’s physical appearance in public you can see he is
old, tired and has serious health problems associated with old age. So the
factions also realise if they go to sleep, they will find another faction in
ascendancy.

“Mugabe can only save his party by resigning and calling for a congress to
allow internal democratic processes to choose his successor,” he said.

However, political analyst and publisher Ibbo Mandaza says all parties in
Zimbabwe, despite their fractious nature, have a tendency of uniting for
elections.

“It must be noted that here we are not talking about political parties in
the conventional sense as it is say in North America. In Africa parties are
movements which are largely election platforms though outside elections they
have enormous problems,” said Mandaza.

“They tend to unite during elections because there is a prize to be won and
the advantage of Zanu PF in our case is that it is conflated with the State
over the years. What you see as the State is Zanu PF in many respects.

“The MDC has an uphill task especially because they have failed to either
break the State or sufficiently infiltrate it to their advantage,” Mandaza
said. - Mugove Tafirenyika


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Zimbabwe to seize Zimplats mining land

http://www.timeslive.co.za/

Sapa-AFP | 29 April, 2013 11:34

Zimbabwe plans to seize 28 000 hectares of land leased to a local subsidiary
of the platinum-mining giant Impala Platinum the government said were being
underutilised.

"President (Robert Mugabe) intends to acquire... part of the land held by
Zimplats Holdings Limited," read part of the notice seen by AFP on Monday.

The notice, published on Friday, said a parcel of land in the gold and
copper-rich Kadoma mining district would now be used "for the benefit of the
public."

The mines ministry announced plans earlier this year to seize land being
leased by Zimplats in the neighbouring Chegutu district saying the firm
would not be able to exhaust the ore within the tenure of its 25-year lease.

In January, Impala Platinum, the world's number two producer of platinum
sealed a deal to sell a 51-percent stake in Zimplats under a state-imposed
black empowerment scheme.

The deal, expected to see Impala get $971 million, is in compliance with a
controversial indigenisation law that Mugabe signed in 2010.

The law forces foreign-owned companies - including banks and retailers -- to
cede 51 percent ownership to black Zimbabwean investors.

Mugabe, who a decade ago launched a campaign to seize white-owned farmland,
has threatened to take over firms which do not comply.

His partner in a shaky power sharing government, Prime Minister Morgan
Tsvangirai, is uneasy with the law, which he says has driven away foreign
investment just as the country is recovering from a decade-long economic
collapse.


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Miners in the dark on Zimbabwe’s plans to seize foreign stakes

http://www.mining.com/

Cecilia Jamasmie | April 29, 2013

Despite recent reports suggesting Zimbabwe's government is unlikely to strip
foreign mining companies of half their assets without compensation, firms
with operations in the African nation fear a draft bill leaked to the media
last week could soon come in effect.

According to the document, foreign-owned mining firms not only must continue
to cede 51% ownership to black Zimbabwean investors, as specified in the law
passed by President Robert Mugabe in 2010. Now they will also have to accept
the fact they wouldn’t receive any sort of compensation for their
relinquished stakes.

The so-called “indigenisation law” has been blamed for the dramatic foreign
investment slump affecting the nation in the last couple of years, reports
AllAfrica.com.

Based on figures supplied by the Zimbabwe Investment Authority, foreign
direct investment (FDI) has fallen 76% so far this year compared to the same
period in 2012.

Zimbabwe Independent columnist, economist Eric Bloch, wrote on Friday that
the dramatic decline in FDI in Zimbabwe should send "a very loud message to
the government," especially as most of the neighbouring countries are
attaining considerable FDI growth:

Tragically, however, that message is falling on deaf ears, for there are
none so deaf as those who will not hear. That Zimbabwe is not attracting
considerable FDI, in contrast to the substantial extent of such investment
in various other countries in Africa, is not because it does not have
numerous, and diverse, positive resources which provide opportunity for
investment.
In the meantime, mining companies continue to face challenges in the African
nation. On Monday, local press reported that the government plans to seize
28,000 hectares of land in the gold and copper-rich Kadoma mining district
belonging to South Africa’s Impala Platinum (JSE:IMP) (LON:IPLA), the world’s
second-biggest platinum producer.

The company, which sealed a deal to sell a 51% stake in its Zimplats
(ASX:ZIM) unit under the state-imposed black empowerment law, was supposed
to obtain close to $1 billion in compensations.

The deal, the first large agreement reached between a mining company and
Zimbabwe’s government after the introduction of the indigenization scheme,
may need to be revisited if the ruling is modified.


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Bangladesh level Zimbabwe series

http://www.iol.co.za/

April 29 2013 at 04:28pm
By Reuters

Harare – Ziaur Rahman led the Bangladesh attack with four wickets as they
completed a 143-run win over Zimbabwe on Monday to draw the two-match series
1-1 and gain revenge for their mauling in the first Test.

Set a target of 401 runs to win in their second innings at the Harare Sports
Club, Zimbabwe were bowled out for 257 just before tea on day five to hand
Bangladesh only their fourth Test victory.

Hamilton Masakadza provided the only real resistance as he finished unbeaten
on 111.

Zimbabwe resumed on their overnight score of 138/4 wickets, but nobody could
build a significant partnership with Masakadza.

Medium-pacer Rahman finished with figures of 4/63 and was the best of the
visiting bowlers, though he was ably supported by spinner Shakib Al Hasan
who bagged 3/52.

Bangladesh captain Mushfiqur Rahim was pleased with the way his team
responded after being humiliated in the first Test in a 335-run defeat.

“A test win is a big achievement for us and after the first test all the
pressure was on us,” Rahim said in a TV interview.

“The boys have stuck their hands up, especially the senior guys who all
played well. That shows the character of our team. Hopefully we can take
this momentum into the one-dayers.”

Zimbabwe captain Brendan Taylor defended his decision to bowl having won the
toss on the first morning and admitted they were simply out-performed.

“We expected them to come back strongly, we let ourselves down on the first
day and that set the tone,” Taylor said.

“The wicket played a little bit better than we thought it would on day one.
There were some quality performances from them and they deserve the win. But
we are fairly pleased with some of our own performances and can be proud
with a drawn series.”

Bangladesh's only other victories in their 79 Tests to date came with a 2-0
series win against a weakened West Indies outfit in 2009, as well as a win
against Zimbabwe in Dhaka in 2005. – Reuters


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New law seek to gag youth

http://www.swradioafrica.com/

The ministry of youth, indigenization and empowerment has come up with a new
set of legislation that was effective February 15, that seeks to muzzle
youth organisations operating in the country through the gazetting of the
controversial statutory instrument SI 4/2013.

The statutory instrument among other things seeks to criminalise the work of
youth organisations and associations and to overhaul the Youth Council Act
which has thrown the youth sector into panic.

The SI states that it is mandatory for all youth organisations and
associations to pay membership fees for each of their members US$3 by the
15th of February each year, a figure which translates to thousands of
dollars for organisations such as student’s unions, church organisations,
boys scout and girl guides etc.

The instrument also demands that all youth organisations must furnish the
youth council with their annual work plans, budgets and donor information.
The registration of all youth organisations will also be renewable every
year at the discretion of the council.

Youth organisations argue that the instrument infringes on the freedom of
association of young women and men, and that it insists on the obligation of
the youth to the Zimbabwe Youth Council but is silent on its obligations and
that of government to the youth.

The youth have since held a meeting with senators and urged them to adopt
the adverse report from the Parliamentary Legal Committee on the statutory
instrument.
The Legality of the Instrument
Youth organisations argue that the regulations go further than what is
provided for in the Act. Section 2 of the SI states that the regulations
“apply to all youth associations that are directly or indirectly involved in
youth activities”. The term “youth activities” is not defined in the
regulations or the Act.

The regulations are not consistent with section 21 of the Constitution that
protects freedom of association. The regulations are ultra vires the Act in
that all youth associations must register [section 5], when the Act requires
only the registration of national youth associations.
Section 4 provides for the establishment of a Youth Council CEO when the Act
already provides for a Director while section 5 compels youth associations
to pay membership fees for their members although the Act does not empower
the charging of a fee [the legal rule is that regulations may only prescribe
fees if the enabling Act says so expressly or by necessary implication,
which is not the case here].

Veritas says that the regulations are also liable to cause confusion as they
divert attention from the fact that the function of the regulations is to
supplement the provisions of the Act, not to spell out a stand-alone set of
rules.
What the youth are saying

Wellington Zindove of the Youth Forum says the SI is a draconian instrument
that is designed to rob the youth of Zimbabwe as it has nothing to do with
the development of the youth but instead seeks to further impoverish them.
“The government is supposed to be pouring resources to the youth and not the
other way round,” said Zindove.

Students Solidarity Trust Director Simbarashe Moyo said the regulations are
meant to reverse the gains that the youth have made in the democratization
of the country and the emancipation of youth of Zimbabwe since Independence
in 1980. “If it is allowed to see the light of the day, it will turn
Kasukuwere into a headmaster,” Moyo said.

Youth Agenda Trust Programmes Manager Lawrence Mashungu says the latest
stunt by minister Kasukuwere is a political gimmick meant to hoodwink
unsuspecting youth into believing that the SI is meant to protect ‘national
interests’. “It is sad that the ministry has the temerity of crafting such
legislation without consulting the youth, it must serve the interests of
young people and not persecute them,” said Mashungu.


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Zanu PF Spruces up Voter Victimization Strategy

http://www.swradioafrica.com/

By David Chidende

MUTOKO- Zanu PF has perfected its intimidation and coercive electoral
machinery ahead of Zimbabwe’s next elections, an investigative visit to
Mutoko, Mashonaland East province has revealed.

Located 142km North East of the capital Harare, Mutoko has a history of
covert violence being met against perceived Zanu PF opponents. Now, tactics
seem to have changed. Terror and intimidation are now taking place in an
overt, hidden manner.

When this reporter arrived at Mutoko Growth Point, a tranquil and serene
atmosphere engulfed the growth point with most people concentrating on
tilling their fields and other livelihood chores.

At the Growth Point, a significant number of people could be seen engaging
in open market activities such as selling paraffin, vegetables and second
hand clothing. On the face of it, they appeared unaffected by the current
election talk. One could almost think that violence and intimidation are now
a thing of the past.

But in-depth discussions with people in the villages of Mtoko proved
otherwise. Politically motivated intimidation is still rife. Some of the
villagers interviewed expressed shocking levels of intimidation
which they say is taking place under the cover of deceptive public calls
against violence.

Muzondiwa Karimazondo (35) a villager in Mangoma village’s Ward 12, is among
the victims of a well calculated psychological and stealthy campaign of
intimidation currently haunting those deemed to be ZANU PF opponents.

Karumazondo’s ordeal at the hands of soldiers and the police in the run up
to the June 2008 Presidential runoff election still haunts him. His case
points to what Dr. Philani Zamchiya, political analyst and
researcher based at Oxford University has called ZANU PF’s well calculated
psychological warfare aimed at reaping votes from the violent, torturous
campaign of 2008.

Recounting his 2008 nightmare, which is failing to elude his mind,
Karimazondo said: “We were abducted by the Zanu PF youths and handed over to
soldiers at Mutoko Centre. There, we were severely beaten, made to roll on
the mud and, like fools, forced to continuously pick and drop logs from one
point to the other”.

He added: “The memory of that experience still haunts me and I am afraid
that the same fate is going to befall many people in this area as we go to
the elections.”

Karimazondo’s fears are characteristic of the political mood in Mtoko North
and South as the country gears for elections.

As this reporter established, village heads are an integral part of ZANU PF’s
unfolding strategy. In Mtoko North’s Ward 12, village heads, Cephas
Chinopfumbuka and Herbert Mujanji are working with war veterans and a
somewhat disguised youth militia in an overt campaign to instill fear in
those who may want to vote against ZANU PF.

Unlike in 2008 when toy toeing militias could be seen around Mtoko chanting
pro-ZANU PF songs and slogans, they are now disguising themselves as
development officers promoting indigenisation and empowerment.

Chiefs and village heads have been roped into the empowerment drive through
Community share ownership schemes that have been set up across Zimbabwe. In
Mtoko, chiefs, village heads and ZANU PF aligned youths are intensifying the
call for locals to be an integral part of the lucrative granite extraction
industry.

Apart from being part to the ZANU PF tailored empowerment drive, some
village heads are collaborating with war veterans in orchestrating a stealth
campaign of intimidation in Mtoko.

A team led by Chinopfumbuka, Taurai Nyamukondiwa, a war veteran, Johannes
Mapisaunga and headman Raymond Rutsito is reportedly moving around the
village writing down names of suspected MDC-T supporters for unspecified
reasons.

“We have been given orders by our superiors in the party to write down and
submit names of all MDC-T supporters”, said Everest Mariyapera, a Zanu PF
district political commissar in Mtoko.

Another villager, Angeline Mtisi said the people are no longer feeling safe
to express views on day to day survival issues for fear of being labeled MDC
supporters.

“People are being intimidated and are no longer free to support parties
other than Zanu PF,” said Mtisi.

She added: “We are not yet prepared for elections and if they are going to
be held in this environment, violence is most likely to erupt.”

Investigations in Ward 20, Mtoko South revealed that former Zanu PF District
Coordinating Committee chairperson Zephanias Nhidza is threatening known and
suspected MDC-T supporters with unspecified
action.

A Zanu PF executive who spoke to this reporter on condition of anonymity for
fear of victimization said the party is targeting all suspected opposition
leaders as it prepares for a landslide victory in the elections.

“There will be no torture bases, but we are going to simply fish out our
targets from their homes and deal with them in seclusion,” he said.

Another Mtoko, villager Mapengo Mapengo said there are few cases of physical
violence and an open victimization of people. He added that those who
perpetrated violence in 2008 are still milling around the community in which
they save as a reminder to what can happen to those who dare oppose ZANU PF.

“While those who perpetrated violence and torture in 2008 are being haunted
by what they did, they are still walking freely and their presence cannot
help, but create more fear among ordinary villagers,”
Mapengo said.

MDC-T spokesperson Douglas Mwonzora has confirmed cases of victimization of
Mtoko villagers by village heads, war veterans and Zanu PF youths.

“We are aware of the extreme provocation started by Zanu PF and harassment
of our members and ordinary people”

“We have engaged JOMIC on the matter, but nothing has been done. We have
also reported cases to the police, but no arrests have been made so far,”
Mwonzora said.

He added, “We call upon the International Community, especially SADC to
reign in on Zanu PF so as to avoid human rights abuse in the run up to
elections.”

Zanu PF spokesperson Rugare Gumbo dismissed reports of continuing
intimidation as “outright whims of imagination bent on tarnishing the image
of Zanu PF.”

“MDC-T is desperate to gain sympathy from their western masters. There is no
violence. MDC-T is basing its arguments on beer hall talk, fictitious and
non-existent events. If they have genuine cases, why don’t they report to
the police instead of rushing to the papers?”the ZANU PF spokesperson said.

However as observed by this reporter and as Dr Zamchiya’s analysis point to,
the ZANU PF campaign of intimidation and victimization is continuing through
more sophisticated and hidden means.


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Building a New Value System in Zim: Mutambara Speaks

http://www.swradioafrica.com/

Zimbabwe International Trade Fair

Significance of Building a New Value System for Sustainable Development in
the Future of Zimbabwe

Address at the ZITF International Business Conference
Prof. Arthur G.O. Mutambara, Deputy Prime Minister of Zimbabwe

24th April 2013, Bulawayo, Zimbabwe

The import of the topic before us must be understood. We are discussing the
importance and impact of identifying, designing and adopting national
winning and empowering beliefs and ethos that will allow us to improve the
social, political and economic status of our nation without endangering the
environment or negatively impacting the future of our country. Sustainable
development means pursuing economic activities that meet the needs of
present citizens of Zimbabwe without compromising the ability of future
generations to meet their own needs. In doing this, it cannot be business as
usual. Zimbabweans have to be motivated to do things differently. In terms
of values, we must acknowledge both our national achievements and our
failures, and then seek to take corrective measures while reinforcing our
strengths. This is what this topic entails.
A “value” is what is considered to be of importance in life, what makes life
worth living. A value is also something that helps people decide what is
right or wrong; what motivates and drives a citizen. Characteristics of a
value include that it is very important, guides our activities, is
applicable to a wider community, and that it is universal and enduring. Our
values separate us from others, by defining who we are. They constitute
ethos that one holds dearly, that which influence one’s actions. Put
differently, a value is a universal eternal truth that guides both our
behaviour and actions while giving us identity. Good values lead to winning
behaviors, which in turn drive social and economic prosperity. National
values are important as lasting beliefs or ideals shared by citizens about
what is good or bad, desirable or undesirable. A value system is a set of
consistent values and measures which forms the basis for action while
defining and determining success. When values and principles are organized
and adopted as collective and universal to a group, community or citizenry,
in a manner that defines a way of life, this then defines a shared value
system. This is the foundation of a shared national vision; a collective
aspired-to social, political, and economic destination. In order to achieve
sustainable development, Zimbabwe needs both a shared value system and a
shared national vision.
There are three areas where we will explore the development and adoption of
new values. The first is the social and political arena, followed by the
field of economic values. Thereafter, we will attend to the new values that
allow us to effectively engage globalization and the ICT revolution.
Politically, we have just adopted a new national constitution, which lays
the legal foundation for sustainable development rooted in the rule of law.
While this is a major achievement, it must be emphasized that the
constitution itself is just a piece of paper. It does not compel or force
anyone to obey or respect it. We need to build and develop the culture,
tradition and behavior of respecting the constitution. This is the value we
call constitutionalism. We need a new value system that puts
constitutionalism at the center of our thoughts and actions. It is
instructive to note that the outgoing constitution which we are retiring did
not provide for violence, corruption and rigging of elections. However,
these vices and shenanigans occurred in our country, which means in addition
to good rules and laws, we need good values, and the corresponding value
system. Furthermore, we need to embrace peace, fairness, respect, equity,
integrity, equality, democracy, political tolerance, the dignity of
difference, and view diversity as strength.
Unfortunately, all these values cannot be legislated or declared by
proclamation. They require civic education, social mobilization,
socialization, and leading by example. All this must be complemented and
enabled by transformational leadership, innovative institutions and learning
organizations. Obviously, such development and adoption of values and the
corresponding value system will take time, but the journey must start today.
The Government of Zimbabwe, itself, must promote, espouse and be an
embodiment of values that promote economic development. In particular, it
has a duty and obligation to create an enabling economic environment and
conducive business climate. There is need for certainty, predictability,
policy consistency, respect for the rule of law, and provision of an
enabling policy framework that fosters and enhances sustainable development
in Zimbabwe.
In addition to learning from other nations we must look within ourselves for
insights on values. Our African cultures, traditional practices, indigenous
knowledge systems are excellent repositories of lessons. For example, the
Ubuntu (unhu) value framework with its various and variegated slogans; I am
because we are. We are because I am. I am because you are. You are because I
am; is a good starting point. The essence and spirit is that a person is not
successful until their entire community is prosperous. Similarly, a group
cannot claim achievement when there are some individuals walloping in
poverty. The emphasis is on collective success and not individual greatness
accomplished at the expense of shared achievement. Surely, this African
wisdom can be leveraged and employed in developing both corporate business
strategies and national economic models. Zimbabweans must look within
themselves for intellectual empowerment.
In terms of the economic aspects of the new value system, Zimbabweans must
embrace entrepreneurship and innovation. We have too many workers and large
numbers of people who are trained to be employed. Let us nurture and develop
more job creators and builders of companies. Let us teach entrepreneurship
and innovation in our schools and universities. Our society must
acknowledge, respect and recognize outstanding entrepreneurs. Under the new
global economy, talent and innovation are more important than cash. Hence, a
human capital development culture is key. In particular, we must move from
being producers of raw materials to selling refined products. This means
Zimbabwean companies must move up the regional and global value chains. In
other words, we must adopt beneficiation and value addition as economic
values.
It is important to note that it is not in the interest of the rich North,
Western or Eastern economic powers to promote beneficiation in Africa. Their
preference is for Africa to produce and sell raw materials while they sell
refined goods to Africa. Beneficiation will happen in spite of these rich
nations. Africa is on its own with respect to the value addition agenda. In
fact, the economically strong will disincentivize Africa from value
addition. Moreover, we must understand why value addition has not occurred,
and is not happening, in Africa in general and in Zimbabwe in particular.
For over fifty years Africans have talked about value addition. Why have
they not walked the talk? The reasons include the following; pursuit of
“easier” trade options; quick buck for corrupt regimes or officials; lack of
a clear Industrialization strategy; absence of the enabling and facilitative
framework, unfair trade; and worshipping the false anti-protectionism
gospel. The following must be done to drive beneficiation;- resolve the
identified barriers; adopt a value addition driven national vision,
strategy, and industrial development plan; delayed gratification, long term
planning; timeline and planning; new technology, new human capital, new
capital; new infrastructure, and new mindset. The need for a new mindset
with respect to value addition applies across the board. The Zimbabwean
investor, proprietor, the manager and the engineer must have self-belief and
confidence that a Zimbabwean company can produce value added products and
compete on the global market. The consumer must believe in, and buy locally
manufactured goods. Made in Mbare, made in Dotito, made in Chimanimani, or
made in Tsholotsho must not be sources of scorn derived from preconceived
perceptions of poor quality. We must have the national consciousness and
pride to consume our own products from value addition activities in
Agriculture (agro-processing), the textile industry, mining (refining,
processing, up to manufacturing), ICT sector, and the broader manufacturing
sector.
However, beneficiation cannot be achieved by a business as usual industrial
mindset. It requires the development of backward and forward industrial
linkages to the commodity sector, which linkages, in turn, allow movement up
the regional and global value chains (GVC). This way, Zimbabwe can maximize
direct and indirect job-creation effects, while growing the economy and
driving industrialization. Lessons from other emerging economies that are
embracing value addition are instructive. Provided their resource-processing
industries are internationally competitive and well integrated in GVCs,
exporting countries can move into higher-rent value-chain links and extract
the benefits of moving up value chains. For instance, up to 90 per cent of
the total income from coffee, calculated as the average retail price of a
pound of roasted and ground coffee, goes to consuming countries. This
presents an opportunity that can be seized to improve incomes in the source
countries if they pursue beneficiation.
Forward integration confers other benefits. It can reduce the exposure of
countries producing primary commodities to price fluctuations and thus yield
dynamic skills-migration and cluster benefits of linkage development. By
developing backward linkage supply firms to the commodity sectors and
resource-processing industries, Zimbabwe can help to diversify its
technological capabilities and skills base, deepening their industrial
structure. Moreover, the natural resource sector’s need for infrastructure,
to extract and transport the commodities, enhances the potential for
linkages. Linkage development creates an opportunity to maximize positive
externalities derived from clusters. Supplier and resource-processing
industries’ closeness to the extraction location generates agglomeration
effects. Efficiency gains for firms in clusters include gaining access to a
pool of specialist labour and networks of suppliers.
African people and Zimbabweans, in particular, must have the self confidence
that their refined products are as good (if not better) as any in the global
market. Even if the quality is not as good as the foreign alternatives,
national pride and self-belief must drive us to buy these products and
sustain our economy. That is the story of Japan, Malaysia, China and the
USA. In fact in the early fifties some of the Japanese brands; Sony, Nissan,
Toyota and Toshiba were derided for poor quality. However, the Japanese
consumer stood by their poor products and bought them, while their
innovators and industrialists improved the quality of the products. Today
the Japanese brands are the respected and sort after in the world. The
general USA car brands are not the most respected, durable or preferred
globally, but the US citizens, government and institutions predominantly buy
American cars. You will never see a US government official in a Mercedes
Benz, BMW, Lexus, Jaguar, or Rolls Royce; even when they are outside the
USA. If the US president was to use any of these European and Japanese cars
he will probably be prosecuted, convicted and subsequently executed.
Contrary to conventional wisdom protectionism is not necessarily without
merit. In order to effectively pursue value addition, Zimbabweans must
initially adopt a value system that embraces smart and innovative
protectionism. As long as there are strategic plans, timelines with key
milestones, and an exit strategy; the protection and incubation of chosen
industries has efficacy. What is critical is nurturing and growing the
manufacturing industries for a limited and defined time frame. When they are
matured and can openly compete, they can then be unleashed unto the global
market, without any further handholding. This is structured and smart
protectionism, NOT blanket protectionism which is clearly unsustainable. In
fact most of the countries that have industrialized, have engaged such
clever protectionism. Short-term protectionism rooted in strategy, plans, &
timelines might be necessary. All industrialized countries engaged some
degree of protectionism in their journey to industrialization. Africans must
disregard conventional wisdom and the Washington consensus on this subject.
Furthermore on economic matters, Zimbabweans must adopt a value system that
interrogates the nature and quality of economic growth. We must seek
economic growth which is Strong, Shared, Sustainable, Green (low carbon),
Global (make sense in the region), and produces better quality of life for
our people. We must measure what is called the Global Happiness Index (GHI)
and Planet Happiness Index (PHI). The latter is critical because there is
need for climate change mitigation and adaption, while preservation of the
environment is now central. You can have a plan B, but unfortunately there
is no Planet B.
Another new economic value we must embrace is with respect to gender.
Empowerment of women and equality of the sexes is more than a discourse on
human rights. It is not just about morality and righting the wrong of the
past. It is all about economics. Women constitute more than 52% of the
population. Moreover, new studies find that female managers outshine their
male counterparts in almost every measure. Women have special skills, that
men are weak in, such as multi-tasking, caring and nurturing, meticulousness
and thoroughness, service excellence, quality and aesthetics, sensitivity,
high emotional intelligence (EQ), and high cultural intelligence (CQ). Men
and women bring different skills and strengths to an organization. There is,
therefore, need to leverage and unlock value from the differences between
men and women. Diversity is a virtue, if it is creatively embraced and
leveraged. Hence, when women are empowered in terms of ownership,
leadership, and management, the institution is not doing women favours.
Rather, the organization is doing itself a favour because the institution
will obtain better results, such as productivity and profitability. This is
the new bold world of Womenomics, that is, the economy as enabled, driven
and experienced by women. Zimbabweans must adopt this new value system that
views diversity, in particular women empowerment, as a major strength. We
must embrace the empowerment of women because; it makes business sense;
there is an economic value proposition, increased GDP & per capita income,
improved productivity, increased profitability and better performance.
Clearly, empowering women is smart economics, and empowering girls is
smarter economics.
Another paradigm shift we must pursue in our economic values should be in
what motivates business people, in particular investors. We need to move
away from the traditional approach where the motivation is making money.
Creative linkages between business opportunity and social impact must drive
the new economic growth in Africa. Entrepreneurs and investors must identify
a human need and seek to satisfy it. Cash will come as a by-product and not
as the sole purpose or motivation. This must be done in a strategic
framework that seeks to create shared value for business, the community and
the environment. The notions of corporate social responsibility (CSR) and
even corporate social investment (CSI) are now inadequate and obsolete. We
must seek a strategic framework where the social and environment imperatives
are embedded as part of corporate strategy with the motivation to create
shared value (benefit) for business, society and the environment. In this
way, sustainability is guaranteed by embedding it into the business model
right from the beginning.
The mobile telephony narrative in Africa is an instructive and illustrative
example of the paradigm of identifying human needs and then linking them to
business opportunities. In 1994, 70% of Africans had never heard a telephone
ring, not to mention use a telecommunication device. That was a human need
which was negatively affecting African societies and undermining economic
development. Mobile telephony companies came in to address the need. Today,
70% of Africans have access to some form of telecommunications. The
cellphone companies that answered that need such as MTN, Econet, Telecel,
and Vodacom have made tonnes of cash as a by-product. Another example comes
from the area of financial and banking services. About 80% of our people in
Africa, and in Zimbabwe specifically, have no access to brick and mortar
financial and banking facilities. The footprint of the physical bank branch
networks is limited. Yet, access to financial and banking services is a key
enabler of social and economic development. Clearly, this is an economic and
human need. Once again creative entrepreneurs such as EcoCash in Zimbabwe
and M-Pesa in Kenya have come in to satisfy the need. Naturally, they are
making a lot of money while enabling socio-economic development in the
countries they operate in. Four weeks ago, EcoCash launched a virtual debit
card into the market, a first in the whole world! This is the innovative
spirit that should define the new economic value system in Zimbabwe. What we
need to do is identify social and economic needs in all the sectors such as
water, energy, sanitation, health, environment, transportation, agriculture
and food security, and link these to business opportunities. That’s a
paradigm shift in values.
In all these initiatives, Zimbabweans must start measuring different
economic metrics. The traditional parameters such as GDP and GDP growth rate
are highly inadequate. We must clearly track per capita income, gini
coefficient (measure of income inequality), economic productivity,
productivity growth, nature of economic growth, per capita power, social and
political issues, national values, and spirituality. We must measure the
size of the middle class as a percentage of population, in addition to
tracking ICT penetration, bandwidth, connectivity, ICT infrastructure, ICT
cost and pricing, and ICT competition. These are the key measures to judge
success or failure of the Zimbabwean economy. That which is monitored and
evaluated, is what influences policy and strategy. We must be driven by this
philosophy.
The last set of values that we attend to, are with respect to the importance
of making globalization work for us as Zimbabweans, while making the most
out of the new advances in science and technology, in particular the ICT
revolution. Zimbabweans must say “we are Africans first before we are
Zimbabweans.” We must embrace pan-Africanism as a core national value. Under
globalization, the nation state is no longer a viable unit of analysis,
neither is it the best platform for survival or socio-politico-economic
prosperity. Regional and continental blocks such as EAC, COMESA, SADC,
Magreb, ECOWAS, AU, EU, ASIANA, and NAFTA are better frameworks from which
to engage globalization. Scale, market size, pooling of resources together
and regional consensus improve bargaining power immensely. We need regional
strategies and policies to effectively respond to global trends and
investments. A collective approach toward investors and traders will improve
the benefits derived by African countries. African countries must be
discouraged from bilateral deals and arrangements with powerful economies
such as China, India or the US. For example, the individual population and
GDP metrics of Botswana, Zimbabwe, and even that of South Africa are not
strong enough to individually negotiate with these big and rich nations.
These African countries are bound to be short-changed. In fact, SA will only
be a meaningful member of the BRICS if it is there representing SADC and
Africa. SA’s metrics; compared to those of Brazil, Russia, India, and China;
do NOT qualify it as a legitimate member of the BRICS. The collective GDPs
and populations of SADC, COMESA, the FTA, and the AU will allow SA to have
more leverage and clout in the BRICS, thus benefiting SA, the regions and
the entire African continent. Consequently, the economic destiny of
Zimbabwe, just like that of SA, resides in leveraging SADC, COMESA and the
AU. This is the new thinking we must adopt.
In addition to the regional block approach, Zimbabweans must embrace a
framework where African countries organize themselves into value addition
industrial clusters, and engage the world through these. For example we can
define a diamond cluster (Zimbabwe, SA, Botswana, Angola, DRC), a platinum
cluster (Zimbabwe, SA), a cocoa cluster (Ghana, Ivory Coast, Guinea), and a
petroleum cluster (Nigeria, Algeria, Senegal). With the scale, critical and
consensus achieved in these clusters, value addition and beneficiation will
be commercially viable on the African continent. The backward and forward
linkages to drive beneficiation can then be effectively developed in pursuit
of resource-based industrialization. African economies can this way move up
global value chains, yielding employment, incomes, and economic growth.
Beyond the regional block and the value addition cluster strategies, a
continental approach must be pursued. There must be an Africa-wide strategy,
AU and Nepad driven perspective. The collective GDP and overall population
of Africa present an even stronger bargaining framework in the deals with
the world. Continental policies, strategies and terms of reference must be
developed. We must aspire to have negotiations with investors carried out at
the level of the AU. That will be ultimate bargaining power derived from a
holistic and complete African consensus rooted in the pooling together of
all African economic assets and markets. To augment and operationalize this
strategy, first class regional and continental infrastructure must be
designed and constructed to facilitate integration, in particular,
intra-Africa trade and investment. New funding models must be structured to
finance these regional and continental projects.
Our national value system must surely include strong and unwavering belief
in regional economic frameworks, African solidarity, and economic
pan-Africanism rooted in technology, entrepreneurship, innovation,
empowerment, indigenization, and resource nationalism. One area that clearly
requires Africa-wide consensus is reform of the continent’s laws governing
natural resources, in particular oil, gas and mineral laws. Most of these
laws are colonial and apartheid provisions that do not ascribe any intrinsic
value to the un-mined asset. Resource claims are given to the investor for
free or for a nominal fee. The investors then go and list these assets on
foreign stock exchanges and borrow billions against the claims. This is
criminal. At independence African States changed political and social laws,
NOT economic ones. Geological surveys and exploration must be carried out so
that Africa’s complete mineralization and quantification thereof are
established. Fair value must be assigned to the un-mined resource, where
this wealth belongs to ordinary citizens. Discovery of a natural resource in
a country by an explorer or investor should not translate to ownership of
the asset. The investor must pay up-front for this value of the resource
still underground, leading to the establishment of sovereign wealth funds
(SWF). Only this way can the generality of African people benefit from the
continent’s abundant natural resources. African consensus on these new
natural resource laws will mitigate against the foreign investor, Eastern or
Western, from playing one African country against the other. It is
instructive to observe that Western countries such as Norway, Canada and
Australia have actually implemented similar SWF based natural resource laws.
What is good for the goose is good for the gander. This is what should
inform the new value system.
The imperatives of globalization demand that we have a value system that
acknowledges and appreciates the role of the Zimbabwean Diaspora. Just as
demonstrated by countries such as India, China, Israel, Ghana, Ethiopia,
Senegal and Rwanda; the Diaspora can be effective sources of remittances;
trade, tourism, investment, advocacy; knowledge and nation building ideas.
However there should be no taxation without representation! We as the
resident citizens must put in place mechanisms and institutions that
adequately address the concerns of the diaspora such as voting rights,
multiple citizenship, and travel and national documents.
We must have a national culture that embraces advanced science and
technology including nanotechnology, biotechnology, neuroscience, ICTs,
cloud computing, big data, social media, crowd sourcing, robotics, and
mechatronics. We should neither fear nor fight technology. Let us use
technology and science to address our socio-political-economic challenges.
The conventional wisdom that says the most advanced technology and science
is for the developed world and that emerging economies must settle for older
technologies is not valid. In fact sometimes the most advanced technologies
are more relevant, easier to apply, and more profitable to deploy in
developing countries than in the rich nations. This is because in the
emerging economies, there are no infrastructure sunk costs and legacy
constraints. Thus the lack of the lack of development, in particular
infrastructure, becomes a unique opportunity to deploy new innovations. This
means developing countries have a unique opportunity to leapfrog from 19th
Century technologies to a 21st Century dispensation. In some cases these
countries will have more advanced applications of new technologies than the
most advanced economies, and actually act as sources of global best
practice. The experiences and illustrative case studies of mobile telephony
and mobile financial services are clear manifestation and demonstration of
this new phenomenon. It is cheaper, easier, and more appropriate to deploy
new innovations such as Wi-Fi, WiMAX and cloud computing in an environment
where there is nonexistent telecommunications infrastructure (extensive
wiring, hardware and storage). Big Data’s capacity to manage and analyze
large amounts of information can be leveraged to handle geological and
exploration data as Africans set out to quantify and attach financial value
to all their un-mined natural resources.
Where technology presents potential dangers and risks, the solution is to
devise mitigation plans and mechanisms. We should never drop the use of a
new technology or fight it, because of fear of the unknown. With
technological innovations, FDR the late US President was right; “the only
thing we have to fear, is fear itself.” Technology is our friend, and not
the enemy. Of course there are disruptive technologies which completely
revolutionize products, sectors, and industries. Zimbabweans must embrace
these with both hands, as part of creative destruction. The culture should
be innovate or die. In order to expedite the adoption of new science and
technology innovations, we must continuously update our laws and
regulations. We cannot use old archaic laws to regulate the use of new
innovations. For example, how can you use a 1973 Urban Council regulation to
determine the use and efficacy of an LED advertising billboard screen driven
by 2013 technology?
Obviously, the ICT revolution is not compatible with dictatorship, media
control and thought manipulation. One has to use ICTs to promote their
views. Information control and stifling are no longer sustainable under
globalization and the ICT revolution. The Impact of a technology embracing
culture is illustrated in the application of technology in Agriculture by
AGRA; innovations in financial and banking sector by M-Pesa and EcoCash;
application of Biotechnology in developing high yield seeds and fertilizers;
use of robotics and automation in mining, agriculture and ports; the ICT
enabled revolution in Educational platforms, content, and access; and
innovations in Health delivery such as e-Health, remote surgery, and global
access. In particular the impact of ICT is illustrated by the fact that an
increase of cellphone penetration by 10% leads to Increase of GDP by 1%.
As we conclude, let us learn from the world on the significance of an
empowering value system. When we look at successful economies part of their
secret to success is rooted in a winning value system; Japan (innovation,
hard work, planning, technology, consistency), China (hard work, long hours,
discipline, focus, scale), USA (creativity, innovation, technology,
research, competitiveness, enquiry) and Singapore (strategic thinking,
planning, innovation, education). We must draw lessons about the
significance of values from these countries, while appreciating that we
already have a rich tradition of great values that we are nationally,
regionally and globally known for, such as hard work, determination,
perseverance, entrepreneurship, respect for history, national pride and
self-determination. What is critical is to fortify and continue to leverage
these values we already have, while expanding our national value system to
embrace the new ethos fleshed out and articulated in this presentation. It
is important that Zimbabweans build and adopt this new value system which
will be the foundation of our unique Zimbabwean economic model anchored in a
shared national vision, in pursuit of sustainable development.

Thank you
Arthur G.O. Mutambara
Deputy Prime Minister, Republic of Zimbabwe


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"We are Zimbabwe" - claiming our right to accountability, transparency and good governance

http://www.sokwanele.com/
 
We are Zimbabwe logo

Have you ever sat down to read the newspaper, perhaps during your lunch hour, only to come accross a news item that enrages you and immediately puts you off your lovingly prepared sandwich. The item may highlight government policy that is beyond belief in its stupidty (or so you think). Or it may be yet another piece pointing to corruption at the highest level. Or violence; injustice; an inflammatory comment by a Minister, or just about anything that happens so often in Zimbabwe.

Or it may be the opposite: the news item may be the biggest lie you have ever read, a product of malicious political spin. It may be full of factual inaccuracies, ill-informed, and it might annoy you that good work is being muddied and trashed like this.

Are you the only person feeling this? Where do you take your annoyance or sense of pride? How can we make government officials aware that we notice and care?

We are Zimbabwe - widget

We're pretty sure that just as you are choking on YOUR sandwich, so are many others in Zimbabwe reading the same news item and feeling equally outraged. Those who lie, cheat, steal and make stupid policy decisions should not be allowed to get away with it. And those who are doing a good job, or who are trying their very best to stand up to injustice despite personal risks, should be supported.

The problem is, I hear many of you wearily sigh, taking this kind of stand publically is only going to invite a bashing, a smashing, and visits from unspeakably nasty people most likely accompanied by threats and harrassment first. Our new accountability project has been set up to help you give expression to your opinions and views - quickly, easily, and anonymously. We hope that this will enable you to see that you are not the ONLY people who feel this way and build confidence in sharing your thoughts.

Don't get us wrong: it would be far preferable for everyone to stand together publically and demand change en masse. But perhaps this could serve as a start to a greater sense of unified national opinion.

'We are Zimbabwe' - claiming our right to accountability, transparency, good governance

Sokwanele has built a new project called 'We are Zimbabwe'. It is so titled because it is true: WE are Zimbabwe - we the people, all of us - not those who drive the fancy cars and live in the mansions and wield disproportionate amounts of power. Not those who promise us the world then make our lives utterly miserable. Not those who make us fear that our children will have to leave the country if they are ever to have a decent life.

It is the people - WE - who voted for these individuals and trusted them with ensuring we have a safe future: a future where our children will thrive and grow into free spirits, able to claim their own identities and allegiances without fear. It is our taxes - fruits of our hard labour - that pays their salaries. They work for US.

Sometimes politicians and civil servants needed to be reminded of that fact.

Screenshot of graph

So 'We are Zimbabwe' is an accountability project, one that we hope will encourage good governance and remind those in power of where the power really lies: in our votes and our right to choose our own leaders. And we hope it will remind them that they were elected to do a specific job, and that

if they don't deliver, that we notice their bad work and may withdraw our support.

'We are Zimbabwe' is a social media project, meaning it is driven by public contributions (yes, this is where you come when you've finished choking on your sandwich in anger). Bring that anger and that news article to our project and enter it on our system. That way, everyone else who is as annoyed as you - or perhaps disagrees with you - can come and have their say too.

'We are Zimbabwe' takes all these issues and turns them into submissions that people can vote on. It collects votes (easy, simple one click voting) and turns them into an individual 'rating index'  - aperformance score for MPs and officials - that is entirely determined by members of the public engaging with the project.

So this is what you can do with 'We are Zimbabwe':

  1. Create a  submission that others vote on
  2. Vote on issues that other have raised before you.

Simple.

And it is anonymous. We don't ask for your name or collect private data.

Right to reply and discuss further

We've set up Facebook and Twitter accounts where you can link together with other people to discuss the issues as they arise, or to simply keep up to date with the project and see whose performance is being spotlighted at different times.

And politicians ... we know that there will be times when you find yourselves stinging from a public rebuke. There is nothing to prevent you too from visiting our Facebook and Twitter pages and directly setting the record straight with the people. This is where you can have your say too, because you do have a right to engage with us and answer our questions.

Twitter: https://twitter.com/sokwanele
Facebook: http://www.facebook.com/pages/We-are-Zimbabwe/583813364969982


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Court Watch 4/2013 of 29th April [The State v Human Rights Defender Beatrice Mtetwa]

COURT WATCH 4/2013

[29th April 2013]

The State v Human Rights Defender Beatrice Mtetwa

Mrs Mtetwa’s trial is listed for Monday 27th May to Friday 31st May, at Harare Magistrates Court.

Background

On Sunday 17th March, police officers arrested and detained human rights lawyer Beatrice Mtetwa while she was attending to her client Tabani Mpofu, whose home was being raided by police. [Mr Mpofu, Felix Matsinde, Mehluli Tshuma and Warship Dumba were all arrested on the same date: Mr Mpofu at his home at the time of the search, Mr Matsinde at Avondale shopping centre, Mr Tshuma at the Law and Order section at Harare Central police station where he had been asked to report, and Mr Dumba at his home. The four, who had been working in the field of research at the Prime Minister’s communication office, were charged with “impersonating a police officer” for allegedly collating dockets on large-scale corruption by top officials.]

In the events leading up to her arrest, Mrs Mtetwa is said to have demanded that the police produce a valid search warrant and an inventory for materials that had been removed from Mr Mpofu’s home, and to have informed the police that what they were doing was “"unlawful, unconstitutional, illegal and undemocratic.”  [Comment: The allegations made by the prosecution about Mrs Mtetwa’s conduct have been amended several times – see most recent appearance in magistrates court, below.]  Her mobile telephone was then confiscated; she was handcuffed; put in the back of a truck; and taken to the MDC office at 14 Bath Road where a further search was conducted. She was then taken to the Law and Order section at Harare Central police station and charged with “defeating and/ or obstructing the course of justice” in contravention of section 184(1)(g) of the Criminal Law (Codification and Reform) Act, by hindering police in the execution of their duty.  She was taken to cells at Rhodesville police station at 17:30.

Initial High Court Application and Response

Zimbabwe Lawyers for Human Rights [ZLHR] submitted an urgent chamber application in the High Court in response to Mrs Mtetwa’s arrest later on 17th March.  At 01:51 hours on Monday 18th March, High Court Judge Charles Hungwe, at his home, ordered Mrs Mtetwa’s immediate release from police custody on the basis that the factual allegations in the charge that had been put to her did not reveal a criminal offence, and there was therefore no legal basis for her arrest.  The order was addressed not only to several named officers but also to generally to any police officer holding Mrs Mtetwa in custody.  [Comment: Justice Hungwe has since been subjected to extensive professional and personal attacks in the State-controlled and other partisan media. Chief Justice Godfrey Chidyausiku has also reportedly written to the President in terms of section 87(3) of the Constitution which provides:  If, in the case of a judge of the ... High Court ... the Chief Justice advises the President that the question of removal from office of the judge concerned ought to be investigated, the President shall appoint a tribunal to inquire into the matter.”  If, as he now must, the President appoints a tribunal, Justice Hungwe would be automatically suspended from his duties until the President, on the recommendation of the tribunal or the Judicial Service Commission, revokes the suspension.]

Mrs Mtetwa’s legal representatives served Justice Hungwe’s order on officers at Rhodesville police station at around 02:30 on 18th March, but the officers refused to comply with the order.

On Monday 2nd March, Mrs Mtetwa’s lawyers lodged a further application in the High Court complaining that the police’s failure to enforce Justice Hungwe’s order was in contempt of court.  On the same date, however, Mrs Mtetwa was informed that she was to be taken to the magistrates court the following day and so her lawyers withdrew this application.  In spite of the withdrawal of the contempt of court application, Justice Hlatshwayo later the same day [Monday 2nd March] dealt with and dismissed the application in the absence of Mrs Mtetwa’s lawyers who had not been informed that it was going ahead in spite of their notice of withdrawal.  [Comment: Justice Hlatshwayo’s decision to dismiss the contempt of court application against the police officers involved did not expressly or impliedly revoke the order for Mrs Mtetwa’s release.  There was no jurisdictional basis upon which Justice Hlatshwayo could have revoked the order.]

Magistrates Court Proceedings

First Appearance

On Tuesday 19th March, police brought Mrs Mtetwa before Harare Provincial Magistrate, Marehwanazvo Gofa, at Harare Magistrates Court seeking her remand in custody on the charge of contravening section 184(1)(g) of the Criminal Law (Codification and Reform) – “defeating and/ or obstructing the course of justice” by hindering police in the execution of their duties.   The maximum penalty on conviction is a fine of $400 or 2 years’ imprisonment or both. 

Legality of the hearing in the magistrates court

Advocate Thabani Mpofu [no relation to Mrs Mtetwa’s client Tabani Mpofu], briefed by Harrison Nkomo and Dzimbabwe Chimbga, argued that the remand application could not be heard in the magistrates court given that Mrs Mtetwa was already entitled to release in accordance with Judge Hungwe’s still extant High Court order;  the State could not request the Magistrates Court to order remand in custody in direct contravention of the order of a superior court for her release from custody on the same charge.

Mistreatment in custody and legality of ongoing detention

Mrs Mtetwa’s lawyers also raised a number of complaints with regard to her detention and treatment in police custody.  They argued that the circumstances of arrest were unlawful as she was arrested while carrying out her duties as a legal representative.  During her arrest she was handcuffed, which was not necessary as she posed no threat to the police or the security services.  Mrs Mtetwa’s telephone, containing confidential lawyer-client communication, was also confiscated in violation of her privacy and that of her clients.  She was denied access to her relatives, who had travelled from outside the country to see her.  On Monday 18th March, two male police officers entered Mrs Mtetwa’s detention cell at Rhodesville Police Station in the dead of the night and attempted to remove some blankets that covered her, causing Mrs Mtetwa and a fellow inmate to fear they would be raped.  Mrs Mtetwa had also not been allowed to wash since her arrest on Sunday 17th March.  Finally, her continued detention was unlawful given the High Court Order for her immediate release.

Magistrate Gofa ruled that the matter was properly before the magistrates court, as the High Court order related to her detention in police custody only, and the proceedings before her related to Mrs Mtetwa’s placement on remand. She proceeded to hear submissions in relation to suitability for bail.

Bail

Mrs Mtetwa’s lawyers then put forward extensive arguments in support of bail: Mrs Mtetwa’s arrest was unlawful; there was no basis for the case against her; she has no criminal record; she is a lawyer of excellent repute with 31 years’ experience who is extremely well-established in Zimbabwe; and she is therefore clearly not someone who would abscond nor commit further offences or interfere with investigations if released.

Following the arguments submitted by Mrs Mtetwa’s lawyers in support of bail, prosecutor Michael Reza requested an adjournment till the following day to enable him to file a full and reasoned response opposing bail.  The magistrate granted the adjournment to allow the State further time to file its response and remanded Mrs Mtetwa in custody until the following day, Wednesday 20th March.  [Comment: The effect of the decision to remand Mrs Mtetwa in custody was to overrule the High Court order to release her.]

Second Appearance

On Wednesday 20th March, the State put forward their arguments as to why Mrs Mtetwa should not be released on bail. It was argued that she was facing a very serious offence; that the police should not be hindered in the execution of their duties; and that her release would set a dangerous precedent: “anarchy would prevail”. There was a high risk she would abscond given the serious nature of the offence and the fact that she holds a foreign passport.  It was also argued she would also be likely to hinder police investigations if released and would further interfere with the course of justice, given that during the commotion of her arrest three computers are alleged to have disappeared.  [Comment: The implication is that Mrs Mtetwa arranged and assisted in the alleged removal of the computers, but the State’s case was not clear on how she could have done so at the time of arrest.  The prosecution also did not clarify the nature of investigations outstanding. The Police Human Rights Pocket book emphasises that police should investigate before arresting, not arrest before investigating; investigative detention is not permitted.]

After adjourning the matter until mid-afternoon for judgment, Magistrate Gofa dismissed Mrs Mtetwa’s bail application and remanded her in custody to 3rd April on the basis that there was a risk she would “continue shouting” and hinder police investigations if released on bail.

High Court Appeal Proceedings

On Thursday 21st March, Mrs Mtetwa’s lawyers lodged an appeal at the High Court against the magistrate’s decision refusing bail. The High Court listed the matter to be heard before Justice Joseph Musakwa on Friday 22nd March.

First Appearance

On Friday 22nd March 2012 the State’s representative requested an adjournment of the appeal proceedings to allow time to submit their response: they had not had sufficient time to review the complete transcript of the proceedings in the magistrates court. 

Justice Musakwa agreed to the adjournment and set down the appeal hearing for Monday 25th March to allow the State additional time to file their response.

Second Appearance

On Monday 25th March, Justice Musakwa allowed Mrs Mtetwa’s appeal, setting aside the magistrate’s decision and ordering her release.  He held that the police had not shed sufficient light on the nature and scope of investigations that remained outstanding; and the magistrate should not have restricted the liberty of a legal practitioner of such repute.  The conditions of Mrs Mtetwa’s release were to provide $500 recognizance; to reside at her given address; and not to interfere with witnesses.

Further Proceedings in the Magistrates Court

Mrs Mtetwa appeared at Harare Magistrates Court on Wednesday 3rd April 2013 before Magistrate Don Ndirowei for a routine remand hearing. The matter was postponed until 8th April 2013 to allow her legal representatives, Advocate Thabani Mpofu and Harrison Nkomo, to file an application challenging her placement on remand, and for the State to furnish Mrs Mtetwa with a trial date.

On 5th April 2013, the prosecution served Mrs Mtetwa’s lawyers with papers setting out their case against her.  The prosecution maintained the charge of “defeating and/ or obstructing the course of justice” but raised a number of new allegations that had not been included in the original State papers. 

On Monday 8th April Mrs Mtetwa appeared again in the magistrates court, with the case now being prosecuted by Tawanda Zvekare, Acting Director of Public Prosecutions in the Attorney General’s Office, assisted by Michael Mugabe, a chief law officer and was remanded, still on  bail, for trial commencing on 27th May 

 

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


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