By Daily Mail Reporter
Last updated at 8:05 PM on 11th August 2010

Zimbabwe began selling diamonds worth more than a billion pounds today, mined from an area where soldiers stand accused of killing 200 people, raping women and forcing children into hard labour.

Heavily armed police and soldiers guarded top security vaults built at the main Harare airport, where several private jets brought buyers from Israel, India, Lebanon and Russia.

Abbey Chikane, Zimbabwe monitor of the Kimberley Process, the world diamond control body, certified the diamonds ready for sale today, saying they met minimum international standards.

Zimbabwean Prime Minister Morgan Tsvangirai, center, chats to Mines and Minerals Minister Orbert Mpofu, left, and Zanu PF chairman Simon Khaya Moyo at today diamond sale

Mining for diamonds in Marange where slave labourers were told to 'dig or die'

Investigators said last year that the gems were mined at the Marange diamond fields by virtual slaves who had been told to dig or die, and were smuggled out by soldiers who raped and beat civilians.

Yet the Kimberley Process said those gems did not qualify as 'blood diamonds'.

No estimated value was given for stones, although unofficial estimates range up to £1.2 billion - a massive boost for Zimbabwe's ailing economy and representing about a third of its national debt.

The eastern alluvial diamond fields were uncovered in 2006 and are estimated to be able to meet a quarter of the world's demand for diamonds.

The find is described as the biggest in southern Africa since diamonds were discovered at Kimberley in South Africa a century ago.

KP official speaks out

http://www.thezimbabwean.co.uk

Written by Paul Ndlovu
Tuesday, 10 August 2010 10:59

HARARE - Diamonds are fundamental to the economic development of Zimbabwe,
an official from the Kimberley Process Secretariat, Netta Bar-El, said this
week in an exclusive interview with The Zimbabwean. (Pictured: Zimbabwe was
awarded certification to sell its diamonds last month)
"Rough Diamonds are an important economic resource and are crucial to the
economic development of Zimbabwe. These diamonds are also important to the
global diamond industry as Zimbabwe has the potential to become a major
diamond producer in the new years," Bar-El said. The KP secretariat official
said a Review Mission had been in Zimbabwe since
Sunday to check the country's fulfilment with the KP minimum requirements.
"The review mission will check Zimbabwe's compliance with the KP minimum
requirements. The conclusion of the Review Mission will be submitted to the
Working Group on Monitoring (WGM) for discussions during the Plenary Meeting
to be held in November 2010 in Jerusalem," Bar-El said. The country was
awarded certification to sell its diamonds when the members of the Kimberley
Process met in St. Petersburg, Russia last month after long deliberations on
the country's diamonds.
Before the country was awarded certification, observers said the issue of
Zimbabwean diamonds revealed the KP's 'double standards'. Mines and Mining
Development Minister, Obert Mpofu, was quoted alleging that two
international rights organisations, Human Rights Watch and Partnership
Africa Canada, tried to blackmail him when he was persuading the
international regulator to certify the country's stockpile of diamonds for
export at the Kimberley Process Certification conference in Tel Aviv. This
was during the Intercessional Meeting in June 2010 where certification of
Zimbabwe's diamonds from the Marange area was blocked.
However, the KP secretariat official denied the allegation and said the
diamond watch dog was a consensus-based organisation meaning all decisions
were reached on consensus. "Only participants are allowed to vote.
Participants are only the member-states (49 participants representing 75
countries as all EU countries are represented by the European Commission).
Observers are the World Diamond Council representing the Diamond Industry
and Global Witness and Partnership Africa-Canada representing the Civil
Society organizations. Observers do not get the right to vote, but they are
members of the Working Groups and they have the right to voice their
opinions in all discussions," Bar-El said.
Bar-El said according to the KP core document, KP participant countries
could only trade in rough diamonds among themselves and only with a KP
certificate authenticating that these diamonds were mined according the KP
standards.
"Each country designates an authority within that country that is in charge
of issuing KP certificates on behalf of that country. If a country is a
member of the KP, it cannot sell its diamonds to non-KP member countries,"
said the KP secretariat official.
The official added that the diamond industry had voluntarily agreed to
adhere to the KP rules. "Therefore no member of this industry will trade in
diamonds that do not hold a KP certificate otherwise he or she will be
subject to penalties from the Industry Institutions and might even be
expelled," Bar-El said.

Mugabe presides over Zim day at Chinese expo

http://www.swradioafrica.com

By Tererai Karimakwenda
11 August, 2010

Robert Mugabe and his wife Grace left Zimbabwe for China on Tuesday, just
after he delivered a speech at the Defence Forces' Day commemorations at the
National Sports Stadium in Harare.

Accompanied by Foreign Affairs Minister Simbarashe Mumbengegwi and several
other government officials, Mugabe presided over national day celebrations
at the World Expo in Shanghai on Wednesday, where he reportedly thanked
China for its 'unwavering' support and called for help to revive Zimbabwe's
economy.
Mugabe is quoted as saying: "It is thus natural and logical for us to forge
a strategic relationship with an all-weather friend as the People's Republic
of China."

But China has largely been criticized for investing in African countries
that supply it with the oil and other badly needed natural resources, while
ignoring serious human rights abuses. Mugabe has forged a relationship with
the Chinese under the Forum on China-Africa Cooperation (FOCAC), that has
seen China benefit from Zimbabwe's huge mineral deposits and construction
contracts.

The Chinese government has in turn refused to impose targeted sanctions on
Zimbabwe, which were adopted by the European Union and the United States
after Mugabe disregarded the results of the 2008 elections. China has also
protected Mugabe from prosecution at the United Nations Security Council.
In his speech at the expo, Mugabe thanked China for assisting Zimbabwe in
several areas, such as the supply of agricultural materials and with the
food shortages, which he claimed were the result of "inclement weather" that
affected the country's harvests.

But Mugabe did not mention his chaotic and violent land grabs, that saw
thugs from his ruling party and war vets illegally remove white commercial
farmers from their properties and destroy the livelihoods of millions of
Zimbabwean farm works. Most of the farms now lie idle while millions starve.

The United Nations' food agency on Tuesday said that 1.68 million
Zimbabweans face starvation and need about 133,000 tonnes of food aid, until
the next harvest in May.

 

War vets leader Jabulani Sibanda continues tour of terror

http://www.swradioafrica.com

By Lance Guma
11 August 2010

War vets leader Jabulani Sibanda continues his tour of terror in the
Masvingo Province, targeting people who want to speak freely during the
ongoing constitutional outreach. On Wednesday Newsreel spoke to a councilor
in Zaka who told us Sibanda is liaising with local chiefs to identify people
who are not in favour of the ZANU PF backed Kariba Draft constitution.

Sibanda, who has made a political career out of terrorizing and torturing
MDC supporters, has now been camped in Masvingo for over 3 weeks, moving
from one constituency to another. We have been told Chief Ndanga in Zaka and
Chief Mabika in Bikita have been working closely with Sibanda and organizing
rallies for him, in advance of the constitutional outreach meetings.

At these rallies villagers are being intimidated and told only certain
appointed individuals will speak at the outreach meetings. Those who do not
obey this instruction are beaten up soon after the meetings are over. In
some cases individuals considered uncooperative are beaten up before the
outreach meetings, as a warning to other villagers about what will happen to
them if they disobey orders.

The police, instead of arresting Sibanda and his mob, are actually
accompanying him. Over the weekend Sibanda threatened to squash Prime
Minister Tsvangirai like a 'fly', remarks he made in the company of the
Officer in Charge at Mashoko Police Station. MDC-T spokesman Nelson Chamisa
told us one of the villagers managed to use their mobile phone handset to
record the war vets leader's rantings.

Newsreel spoke to Co-Home Affairs Minister Theresa Makone, who said she was
still to receive reports of Sibanda's activities in Masvingo, having been
away for more than a week in Mozambique on government business. She said she
was disgusted at his behavior and expressed surprise police were giving him
free rein to intimidate people. 'All the work by COPAC in the area would be
null and void as people will be responding under conditions of terror,' she
said.

Makone encouraged people affected to file police reports, adding that even
if police did nothing it would help people like her in government to make a
follow-up on recorded cases, rather than responding to what she said were
unofficial complaints.

She says she asked one of the co-chairs of the constitutional committee,
Douglas Mwonzora, to investigate these reports and he is still to get back
to her.
Makone also warned the Officer in Charge at Mashoko Police Station, telling
him he was risking his job by accompanying Sibanda on his terror campaigns.
We sincerely hope that after our interview she phoned him up and warned him
personally and that Zimbabweans will see some action taken to protect them
from thugs like Jabulani Sibanda.

 

Zimbabwe TB Cases Up

http://news.radiovop.com

11/08/2010 08:15:00

Bulawayo, August 11, 2010 - Zimbabwe's tuberculosis infections went up from
40 000 to 46 000 last year, according to Health and Chld Welfare Ministry.

Deputy director for Aids and TB programmes in the Ministry of Health and
Child Welfare, Dr Charles Sandy confirmed the statistics. "This year alone,
the ministry is stepping up efforts to reach 100 000 estimated number of
people believed to be living with the disease in the country.

"Last year, we recorded 46 000 new TB cases up from 40 000," Sandy said in
an interview with Radio VOP.

Dr Sandy said provinces which recorded higher TB cases were Manicaland,
Masvingo, Midlands followed by Harare and Bulawayo.

He said progress in reaching the affected was being hindered by lack of
resources.

"We are facing some problems in reaching all the districts and wards in the
country. However, we are putting in place mechanisms to see to it that our
people in the rural areas can also be tested quickly and put on treatment,"
said Dr Sandy.

"In this light, plans are there to open at least two TB facilities in every
district where people can be tested and receive treatment depending on
geographical distribution."

Dr Sandy also noted that the ministry was involved in the training of
microscopists who he said were going to assist with the examination of
patients.

"Microscopists will spend three months in class and nine months on practical
attachment to bridge the gap caused by the lack of scientists," he said.

Meanwhile, Dr Sandy expressed concern on the influx of fake anti TB tablets
that have flooded the black market.

"There are TB anti-body medicines on the black market and I strongly advise
patients to stick to the proper TB treatment we give them at the medical
centres. Only after a patient has been tested can he or she get on
treatment.

"But now people without any testing are going after the anti-bodies and that
can be disastrous," said Dr Sandy.
 

Kadoma youths unite to kick out violence

http://www.swradioafrica.com

By Lance Guma
11 August 2010

While war vets leader Jabulani Sibanda has been camped in Masvingo for three
weeks orchestrating a reign of terror, over 450 youths from different
political parties in Kadoma came together over the weekend to 'kick out'
political violence.

The Youth Alliance for Democracy pressure group who organized the event said
the 'Kick Out Political Violence Program' drew participants from the suburbs
of Rimuka, Waverly, Rio Tinto and Ingezi. The youths played against each
other in different netball, volleyball and football teams. Also in
attendance was the Mayor, councilors, local MP, school heads and supporters
from different political parties.

One of the coordinators, Thulani Mswelantho, told Newsreel they hoped to use
sport as a tool to unite rival political parties and build political
tolerance. The Chairman of the National Youth Service Graduates for
Mashonaland West, Washington Eremiya, was also there and urged youths to
shun violence and work towards the conduct of free and fair elections in
their communities.

'We inflicted pain to our parents and friends for the sake of our political
views yet they did not deserve to be punished for being different, we were
promised a lot but we are still poor, youths wake up,' he said. Graduates
from the 'National Youth Service' (also known as Border Gezi training camps)
have a notorious history of terrorizing MDC supporters, especially towards
election time.

Mwelantho meanwhile told us a survey done by pressure group Sokwanele in
2002 had rated Kadoma as 5th in the country, in terms of being politically
volatile. It was on this basis they had extended their Kick Out Political
Violence program to the area. Additionally several councilors and a senator
have passed away, meaning by-elections in the area are imminent. Although
this may not stop politicians from using youths in future, they hope to
build a culture that will make this harder.

 

Chiyangwa Betrays Stranded Students

http://news.radiovop.com

11/08/2010 11:25:00

Mutare, August 11, 2010 - About 160 students from Africa University (AU)
have failed to write examinations after flamboyant Harare businessman,
Philip Chiyangwa failed to honour his pledge to pay their fees.

In May this year Chiyangwa pledged to fork out US$255 910 for the needy
students during a public lecture on "Opportunities and Entrepreneurship".

Chiyangwa was the guest speaker at the public lecture held at the
university, just outside Mutare.

Authorities at the United Methodist-run institution said they were not happy
with Chiyangwa because the students hade failed to sit for their
examinations.

"We all thought Chyangwa was sincere when he promised to pay the fees for
the students," said one senior official at the university. "It is not good
for people to play to the gallery on matters that affect children's lives.
We are very disappointed."

While addressing the students Chiyangwa claimed he had been touched by the
plight of the students and had decided to intervene and pay their fees.

He also promised to set up a revolving fund to assist AU students venture
into small businesses during the course of their studies.

"We want you to write your exams and graduate in June, but there is a crisis
as most of you have not paid exam fees. I will be making concerted efforts
to address and redress the crisis so as to bail you out," the usually
boastful Chiyangwa said, amid loud cheers, ululations and whistling from the
gallery.

"The intention of my intervention is to see you successfully graduate and
pursue the goals and dreams for which you studied at college. I am going to
be the conduit to have the funding in place and mitigate the  June exams
crisis."

After Chiyangwa's pledges the AU's dean of students, Dr Ellen Gwaradzimba,
said she was happy that the students had been "rescued" by the Harare
businessman.

She said the affected students were being barred from accessing such
university facilities as attending lectures, halls of residence and dining
halls.

She said the most affected were the third and final year final semester
students.

But after making the pledges that were widely covered in the media, AU
authorities said Chiyangwa was now uncooperative to the extent of not taking
calls from the university.
 

Zimbabwe Unity Government Principals Invited to Southern African Regional Summit

http://www1.voanews.com

At the SADC summit, South African President Jacob Zuma is expected to hand
over a report on the Zimbabwe political situation to President Armando
Guebuza of Mozambique, chairman of the regional group's security troika

Blessing Zulu & Ntungamili Nkomo | Washington 11 August 2010

The Southern African Development Community has invited the three principals
in Zimbabwe's troubled national unity government to attend a SADC summit
opening Monday in Namibia where Harare tensions will be discussed.

SADC Executive Secretary Tomaz Salomao said in an earlier interview that
Zimbabwe will be on the agenda along with other regional security issues
facing the organization.

President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime
Minister Arthur Mutambara will be at the summit, Harare sources confirmed.
South African President Jacob Zuma is expected to hand over a report on the
Zimbabwe situation to President Armando Guebuza of Mozambique, chairman of
the SADC security troika.

MR. Guebuza is expected to officially table the report at the summit. Mr.
Zuma in recent weeks has dispatched envoy Mac Maharaj to Harare on more than
one occasion to seek resolution of the issues left outstanding when the
unity government was formed in February on the basis of the 2008 Global
Political Agreement.

Such vexed questions include alleged judicial targeting of officials of the
Movement for Democratic Change and civic activists, President Mugabe's
failure to swear in Tsvangirai MDC treasurer and Senator Roy Bennett as
deputy minister of agriculture, and long-delayed MDC provincial governor
appointments, among others.

Diplomatic sources said regional leaders will also discuss Harare's
rejection of a ruling by SADC's Namibia tribunal in favor of white farmers
dispossessed of their properties under Zimbabwe's fast-track land reform
program.

Zimbabwean Minister of State Jameson Timba, attached to the prime minister's
office, confirmed in an interview with VOA that Zimbabwe will be on the
agenda when SADC meets next week. South African envoy Maharaj confirmed that
Mr. Zuma will hand over a report on Zimbabwe to Mr. Guebuza at the summit
that opens August 16.

Elsewhere, President Mugabe, hailed China as an all-weather friend to
Zimbabwe and urged Beijing to help it revive the economy. Speaking at the
Shangai Expo, Mr. Mugabe urged close cooperation between the countries. He
said that Zimbabwe had benefited immensely from China's generosity in recent
years. President Mugabe left Harare for China on Tuesday to attend the trade
and cultural showcase which started in May and runs through October.

Zimbabwean state media reported he will hold talks with Chinese President Hu
Jintao. Economic analyst Rejoice Ngwenya commented that there isn't much
China can offer to revive Zimbabwe's economy, arguing that China mainly sees
Zimbabwe as a consumer market and as a provider of  natural resources.

Zimbabwe Ministry Says 3,000 Laid Off in January-June vs. 1,500 in Year-Ago Period

http://www1.voanews.com/

The Ministry of Labor said it authorized companies to lay off 2,913 workers
between January and June, compared with 1,492 during the same period of last
year, but economists said the real total of retrenchments is much higher

Gibbs Dube | Washington 11 August 2010

Zimbabwe's Ministry of Labor said about 3,000 workers were laid off by
businesses in the first half of this year due to a lack of credit for
enterprises as well as the implementation of a controversial indigenization
program.

The Ministry of Labor and Social Services said it authorized companies to
retrench 2,913 workers between January and June, compared with 1,492 during
the same period of last year.

The ministry said banks accounted for 29 percent of those laid off followed
by the clothing and transport sectors. Banks said profits are under pressure
while the garment sector faces stiff competition from imports.

Economists said the real total of retrenchments is probably much higher as
the Labor Ministry only counts the ones it has authorized. They said the
true number of layoffs in the first half of 2010 could be 10 times higher.

Layoffs occurred at companies including Archer Clothing Limited, Barclays
Bank, National Merchant Bank, CXF Bank, Zimbabwe United Passenger Company,
Edgars Stores, Air Zimbabwe and ZimAlloys Private Ltd.

Economist Godfrey Kanyenze of the Research and Economic Development
Institute of Zimbabwe told VOA Studio 7 reporter Gibbs Dube that most of
retrenchments are the consequence of uncertainty about the indigenization or
black empowerment program, the shaky political situation, and poor credit
conditions.

"There are a lot of outstanding political issues among the three ruling
parties and to make matters worse, Zimbabwe has not been in a position to
attract meaningful foreign direct investment," Kanyenze said.

Econet gets US$60 from Swedish agency

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

by Own Corespondent Thursday 12 August 2010

HARARE - Zimbabwe's largest telecoms firm, Econet Wireless Zimbabwe, has
secured a $60 million loan from Swedish export credit agency EKN, the firm's
chief executive Douglas Mboweni said on Wednesday.

The loan would see Swedish telecoms equipment supplier Ericsson installing
additional equipment to expand Econet's infrastructure in the capital
Harare, home to Econet's largest subscriber base.

Engineers from Ericsson are already in Zimbabwe to install the equipment,
Mboweni said in a statement.

Econet is the largest telecommunications company in Zimbabwe by subscriber
numbers, and is currently expanding its network capacity around the country.

Mboweni welcomed the opening up of foreign credit for Zimbabwean companies,
and thanked the Swedish government for its support.

The Swedish loan is the largest facility to be extended by a European funder
to a Zimbabwean company in over a decade.

Econet had up to now only been able to secure loans from China and the
Egyptian-based African Export-Import Bank.

Mboweni said the entire facility would be used to buy equipment for Harare.
The new equipment should carry more traffic more efficiently, significantly
addressing the service quality issues.

"Our customers in Harare are increasingly buying mobile phones, and this
means we require more capacity and capability on the network," he said. -
ZimOnline

Victory for Zimbabwean farmers in court, Pretoria

Comment by Ben Freeth of SADC Tribunal Rights Watch

11 August 2010

Zimbabwe Government's volte-farce

The special costs award against the Zimbabwe Government by the North Gauteng
High Court in Pretoria today is another significant step on the road towards
justice and accountability in Zimbabwe and indeed everywhere in the Southern
African Development Community.

Clearly under pressure, the Zimbabwe Government has demonstrated a complete
about-turn, shifting from the stated position that it does not recognize the
international court of the SADC Tribunal in Windhoek to attending the
hearing which it erroneously brought against three Zimbabwean farmers in
Pretoria last week.

The Zimbabwe Government's deliberate dismissal of the SADC Tribunal's
jurisdiction led to its legal team being instructed to take the
unprecedented step of walking out of a hearing in Windhoek.  Thereafter, the
Zimbabwe government's legal team failed to attend all hearings at SADC's
Highest Court of Appeal.

However, when the SADC Tribunal issued a costs award against the Zimbabwe
Government and this was duly registered in South Africa, there was an
immediate change in strategy.

Zimbabwe's Deputy Attorney General, Prince Machaya, was instructed to travel
to Pretoria and to endeavour to stop the auction of houses belonging to the
Zimbabwe Government.  The houses had initially been selected for attachment
to meet the Tribunal's cost award.

The Zimbabwe Government failed in its attempt, and the High Court in South
Africa has issued a further cost award against it.  The auctions, which were
in fact organized by the German banking group KFW Bank Gruppe, not Afriforum
on behalf of the Zimbabwean farmers as the Zimbabwean Government erroneously
believed, will go on.

This sends out a rallying signal to all the victims of injustice in
Zimbabwe.  It confirms that judgments from the SADC Tribunal are final and
binding and that they have the power to make the perpetrators of injustice
accountable.

The Zimbabwe Government must understand that it will be forced to pay for
actions it continues to take that are against the SADC Treaty.

This victory on the eve of the SADC Summit, which takes place in Namibia
from 16-18 August, is a victory for all SADC citizens who believe in justice
and human rights.

It sends a clear signal to those in power in Zimbabwe that the days of
impunity are fading fast.  SADC Tribunal Rights Watch believes it will
encourage other victims of human rights abuse, wherever they are in the
Southern African Development Community, to stand up for their rights.  It is
clear that judgments in their favour will carry weight.

Ben Freeth - spokesman for SADC Tribunal Rights Watch.
Cell:  +263 913 929 138  E-mail:  freeth@bsatt.com

UN appeals for more aid for Zimbabwe

http://www.swradioafrica.com

By Alex Bell
11 August 2010

The United Nations has this week launched an appeal for more than $400
million to help Zimbabwe, with the group's food agency warning than more
than a million people will go hungry in the coming year.

"The humanitarian situation in Zimbabwe still remains fragile due to the
prevailing degradation of infrastructure in the basic sectors of health,
water and sanitation, and food security," the UN said in its 2010
Consolidated Appeal for Zimbabwe.

"As a result, Zimbabwe remains at the crossroads. After reviewing the
outcomes of recent needs assessments... revised requirements thus amount to
478 million United States dollars. This is an increase of some 100 million
United States dollars over the original requirements."

The report said although the country has recorded an increased crop output,
food insecurity still remains a problem.

"The humanitarian situation in Zimbabwe requires a different approach than
most crises," it said. "Key priorities for the remainder of 2010 will be
improving food security levels, prevention of and rapid response to disease
outbreaks, protection-related issues and responses to natural disasters."

The appeal comes on the back of a report by the Food and Agricultural
Organisation (FAO) and the UN's World Food Programme (WFP), which said that
about 133 000 tons of food aid will be needed to help 1.68 million
Zimbabweans between now and the next harvest in May.
"Despite the improved availability of food, up to 1.68 million people will
need food assistance because prices remain comparatively high for families
with low incomes and little or no access to US dollars or South African
Rand," said WFP's Jan Delbaere, co-author of the report.
"Zimbabwe has only 1.66 million tons of cereals available, against a total
needs forecast of 2.09 million tons this year," said FAO official Liliana
Balbi.

 

Dumiso Dabengwa Expected To Bounce Back

http://news.radiovop.com

11/08/2010 08:17:00

Harare, August 11, 2010 - The Zapu interim leader Dumiso Dabengwa is set to
be elected to the party's presidency without challenge at the party's
congress in Bulawayo at the end of this month after most of the party's 14
voting provinces nominated him to the position.

The provinces held meetings over the last two weeks to receive nominations
for positions at the congress and most of the provinces were unanimous in
endorsing Dabengwa, despite some calls to fire him by some disgruntled party
members who feel he is too old and tired.

However delegates to the congress can still make nominations from the floor.

Zapu spokesperson, Methuseli Moyo, confirmed that all provinces have held
meetings to receive nominations and said the majority of the provinces had
nominated Dabengwa for the presidency.

Moyo however said he will not say how each province made the nominations.

"From the nominations received the majority of the provinces have endorsed
Dabengwa for the party's presidency and we are now set for the congress,"Moyo
said.

The revived Zapu will hold its congress at the Zimbabwe International Trade
Fair (ZITF) in Bulawayo at the end of this month.

Moyo however referred further questions to the party's secretary for
administration, Mark Mubayiwa, who was not available for a comment.

The revived Zapu has 14 provinces that include local and international
structures. The local provinces are Harare, Bulawayo, Matabeleland North,
Matabeleland South, Midlands and Mashonaland West.

The other local provinces are Mashonaland East, Mashonaland Central,
Masvingo and Manicaland.

Foreign provinces that also have voting powers are South Africa, United
Kingdom, Canada and the United States.

 Zapu broke away from Zanu PF last year and the party has indicated that it
will demand properties that were taken away by the Zimbabwe government at
the height of disturbances in the early 1980s.
 

Surge in Zim retail imports triggers concern

http://www.bizcommunity.com

By: Dumisani Ndlela
Zimbabwe's central bank has called on government to halt what it called
"deindustrialisation through over-reliance on imports of finished goods"
after the distribution and retail sector accounted for the biggest jump in
imports by value during the half year to June.
The jump in imports by the sector was spurred largely by a struggling
manufacturing sector still battling low capacity utilisation levels.

Latest statistics from the Reserve Bank of Zimbabwe indicate that import
payments for the distribution and retail sector surged by 630%, from US$23.3
million during the half year to June 2009 to US$170.3 million during the
same period in 2010.

Sector import bills

The manufacturing sector's import bill increased by 44% to US$100.6 million,
while the services sector's bill decreased by 15% to US$245.7 million.

Although the services sector showed a decline in 2010 compared to 2009, the
sector still accounted for over 40% of the country's total import bill.

This was largely due to the boom in the mobile communications subsector
which resulted in increased import of capital equipment and other
consumables.

The total import bill amounted to US$947 million, up 47% from US$645.8
during the comparable period in 2009.

Manufacturing sector inadequete

"The increase in imports was largely attributable to increased importation
of consumption goods by the retail and distribution sector. This indicates
that the country is still reliant on imported goods as capacity utilisation
in the manufacturing sector has not reached levels that will result in
import substitution," said Reserve Bank of Zimbabwe governor Gideon Gono.

He urged government to put in place policies to halt "deindustrialisation
through over-reliance on imports of finished goods" while helping local
industries to boost capacity utilisations.

Policies to halt deindustrialisation

Such measures have previously included import bans on selected products,
such as a recent ban on the import of poultry products that has currently
resulted in a shortage of chickens in Zimbabwe.

Retailers have indicated that they will continue to rely on imports due to
lack of capacity within the local manufacturing sector.

[11 Aug 2010 08:33]

Zimbabwe Minister Alleges Double Bookkeeping at Distressed State Enterprises

http://www1.voanews.com

State Enterprises Minister Gorden Moyo told VOA that some parastatals have
been submitting false payroll reports to the Zimbabwe Revenue Authority
while senior executives in the sector are earning far more than indicated

Gibbs Dube | Washington 10 August 2010

Zimbabwean State Enterprises Minister Gorden Moyo said Tuesday that some
state enterprises are keeping two sets of books for executive payrolls to
conceal the true salaries of top managers and evade taxes.

Moyo said certain parastatals have submitted false payroll statements
showing low executive salaries to the Zimbabwe Revenue Authority for tax
purposes while salaries much higher are being paid to senior parastatal
executives.

Moyo said his ministry has asked the revenue authority to investigate such
irregularities with a view to prosecuting executives suspected of failing to
pay their taxes in full. The government recently ordered state enterprise
executives to report how much they are being paid, but sources said most of
them have refused to do so.

Top state-sector executives earn up to US$15,000 a month though most such
enterprises are close to collapse.

Moyo told VOA Studio 7 reporter Gibbs Dube that the government is not taking
the issue of fraudulent payroll records lightly as it is a criminal offense
in Zimbabwe to evade taxes.

Speech by Prime Minister Tsvangirai at 'Shoes for National healing', Gweru, Aug 4, 2010

REMARKS BY THE GUEST OF HONOUR, THE PRIME MINISTER OF THE REPUBLIC OF ZIMBABWE, THE RIGHT HONOURABLE MORGAN R TSVANGARAI,AT THE PASTORS OF DIFFERENT CHURCHES ‘FOOT WASHING’ CEREMONY GWERU: 04 AUGUST 2010

Honourable Ministers, Pastors and other Church Leaders, Distinguished Guests and Visitors to Zimbabwe, Ladies and Gentlemen, Friends,

It is indeed a great honour and privilege for me to address this important gathering of Zimbabwean pastors at the launch of this Churches “Foot Washing” Ceremony.

This is a pilot project introduced by Dr. Noah Manyika, who has linked the Organ on National Healing, Reconciliation and Integration to Samaritan’s Feet, an international Organization which was founded by another son of Africa, Nigerian born Manny Ohomme.

Samaritan’s Feet works in 88 countries through Ohomme’s unique idea, “Shoes for National Healing”. This makes Zimbabwe the 89^th country to partner Samaritan’s Feet to advance this noble National Healing programme in countries that are coming out of strife and conflict.

The concept of “National Healing” is integral to the Organ’s own overall plan to work with all government Ministries and Institutions as entry points linking them to sister institutions in the region and internationally. This strategy affords our institutions the space, time and internal processes to align their frameworks’ policies and programmes to the Organ’s developing National Healing process in Zimbabwe.

The three signatory parties to the GPA, namely MDC-T, ZANU-PF and MDC-M, resolved to restore peace and harmony through positive engagement on the 21^st of September 2008.

This gave birth to Article VII and Article XVIII of the GPA, in terms of which the Organ for National Healing, Reconciliation and Integration was formed. With the specific mandate of consulting the whole nation in order to devise appropriate and effective Peace Building mechanisms.

The challenge placed before the Organ – indeed everyone here today – is to find mechanisms to review the existential health of the whole nation as a basis for our continued survival.

The Organ is required to identify and advise on mechanisms by which we Zimbabweans can heal and reconcile ourselves and integrate the millions of person traumatized by conflict with a view to review to rebuilding our nation.

These methods and instruments have to multi-faceted. This is because the grievances dividing the nation span right across individual, sectarian, economic, religious and political spectrums.

The Organ agrees with experts in the psycho-social support therapy sector that Zimbabwe needs healing from the myriad social and economic wounds suffered well before, during and after the liberation struggle.

Generations of victims with their urgent needs that must be met, in addition to the perpetrators with their fears and concerns which must also be addressed, remain alive today haunted by the events of yesterday.

There can be no short-cuts on this journey and no easy way to deal with the pain and suffering that has been experienced by so many our people. The methods that will be employed for this essential process cannot be prescriptive or imposed upon the people, but must be chosen and endorsed by the people if we are going to achieve the goal of truly healing our nation.

There can be no truth without justice. And justice without truth. National healing cannot occur without justice and justice must be done, as well as be seen to be done. There can be no room or tolerance for retribution as retribution itself perpetuates the cycle of oppression and suffering.

Ladies and Gentlemen, this is the overall context in which we meet this evening under the auspices of the Foot-washing ceremony. As Zimbabweans, preparing for a prosperous future for our country and indeed as Christians with a vision for peace – we find ourselves gathering with you pastors, as you grapple to open all lines of communication among yourselves to plan for all our improved today and a better tomorrow.

Without dialogue among yourselves as pastors within the Christian Church the task before you to heal the spiritual well being of Zimbabweans will be difficult to accomplish.

The story of Jesus Christ pacifying the storm on the sea is a very instructive one in relation to our present circumstances. We need peace and calm as a prerequisite for creating a future for ourselves and particularly that of the generations of Zimbabweans to come.

Unless we survive the storm of conflict blown into our path by the whirlwind of history, which we have allowed to explode due to selfish political reasons in contemporary times, we will not fulfill our obligation to guarantee peace and prosperity to future generations.

It is therefore opportune that we have congregated here today with churches whom the Organ considers are part of the mechanisms we need to unite us the people of this country, especially the leadership of the institutions gathered here.

Indeed we recognize the challenges some of the faith based groups have to grapple with as you strive to also eradicate differences amongst yourselves to engage in these matters of peace building and moral regeneration through this evening “Foot Washing” ceremony.

To this end, the distribution of the shoes we have today – with the dual themes of “Walk the Talk for Peace in Zimbabwe’ and the African Union’s 2010 Year of Peace and Security – Make Peace Happen.

This symbolizes the beginning of a fresh and mutual journey into the future as Zimbabweans united by mutual respect and Christian and democratic ideals and a common vision of peace and prosperity for our peoples.

For two people cannot walk together unless they are agreed on the destination they mutually seek. The Organ is working with all Zimbabweans towards establishment of a tolerant, violence-free, democratic, sovereign and prosperous Zimbabwe.

As a nation we cannot hope to promote equality, national healing, cohesion and unity while abusing the rule of law, ignoring the right to free political activity, freedom of assembly and association and freedom of expression and communication.

Ladies and Gentlemen, to all those that are here this evening we record our great appreciation of the long distances you have covered to come here; the schedules deferred, the provision and expenses involved; as well as the spirit of togetherness that has inspired your participation at this event.

May this spirit continue into the future and form the foundation of real change for Zimbabwe.

Let me conclude by thanking the Nexus Global Serve, Samaritan Feet and your 16 person churches based delegation on this ‘Solidarity Visit’ to our country to launch this unique ‘Shoes-for–National Healing Peace’ programme. By working through the Organ for National Healing, Reconciliation and Integration in partnership with The Ministries of Education, Sports Arts and Culture and Foreign Affairs, the churches and civil society we will experience the reality that it is in giving that we truly receive.

I know that beyond the symbolic gesture of giving shoes to the children of Zimbabwe and this ‘Foot Washing’ ceremony, it is from your hearts and spirits that you have committed to this everlasting and just cause of peace-building.

Together we can accomplish this great mission.

I thank you

News analysis: Mugabe’s thinly veiled plea for amnesty

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

by Edward Jones Wednesday 11 August 2010

HARARE – President Robert Mugabe could be paving the way for allies and
himself to avoid future punishment for past political violence crimes that
have blighted the country, after the veteran leader said a national healing
process underway would not penalise offenders but will work to avoid future
conflict, analysts said.

His statement – the first time he has inadvertently admitted political
violence took place in past elections – contrasts sharply with Prime
Minister and Movement for Democratic Change (MDC) leader Morgan Tsvangirai
who says there can be no national healing and reconciliation without
justice.

MDC members, including Tsvangirai, have borne the brunt of organised
political violence from security forces and Mugabe’s supporters since 2000
with several hundreds killed while many more have been uprooted from their
homes by war veterans and youth militia loyal to the veteran leader.

But the violence climaxed in 2008 when Mugabe sought to reverse his first
ever defeat in a presidential election by MDC leader Morgan Tsvangirai.
Known senior security officers led ZANU-PF loyalists on a campaign that left
200 opposition supporters dead and even shocked other neutral African
leaders.

Fear of prosecution

“It goes without saying that Mugabe has never at any time sought to let the
course of the law take effect or for justice to be served when crimes are
committed by his supporters,” John Makumbe, a veteran political analyst and
critic of Mugabe’s policies said.

“But it is not surprising because any moves to punish those who have fouled
against the law may incriminate Mugabe himself. How will he respond if they
say they were send by Mugabe?” said Makumbe.

ZANU-PF supporters are known to commit violence in Mugabe’s name and even
boast that they are immune to prosecution.

Some political analysts have for long speculated that Mugabe and his allies,
especially senior military figures and those in the dreaded national spy
agency have continued to hold onto power fearing prosecution for crimes
against humanity if they stepped down.

Fifth Brigade

A crack Fifth Brigade army unity that reported directly to Mugabe committed
atrocities in Matabeleland and Midlands provinces in the early years of
independence while pursuing dissidents.

Although nearly 20,000 civilians were killed in that operation, no single
person has been prosecuted and some of the officers who commanded Fifth
Brigade are now senior defence forces commanders who form the bulwark of
Mugabe’s stay in office.

Analysts say Mugabe’s statement on Monday, while allaying fears of arrest
among his rank and file, could be an incentive for them to continue
unleashing more violence with impunity.

“We have embarked in earnest on the process of national healing,
reconciliation and integration. For the sake of our children and posterity,
I want to urge all of you to note that the process of reconciliation is
national,” Mugabe said during Heroes Day commemorations on Monday.

“It does not seek to ferret out supposed criminals for punishment but rather
calls on all of us to avoid the deadly snare of political conflict. Guided
by the spirit of tolerance, we should continue to work together in promoting
peace and stability regardless of political or religious affiliation.”

Political commentators say ZANU-PF will most likely lose free and fair
elections to Tsvangirai’s MDC but question whether the 86-year-old leader
who has ruled Zimbabwe since independence in 1980 is capable of holding free
and fair elections.

While Mugabe has publicly discouraged the use of political violence, critics
say he tacitly approves its use to intimidate opponents and will not act on
the perpetrators.

A dangerous habit

Police have turned a blind eye to ZANU-PF violence but are quick to arrest
opposition supporters suspected of political violence.

In March 2007, police brutally beat up Tsvangirai inside a police station
and pictures of the then opposition leader’s swollen face shocked the world
and embarrassed Mugabe’s supporters on the continent and led to calls by the
West for him to step down.

“It (use of violence) has become a dangerous habit that is difficult kick
for ZANU-PF and you feel that they do not have any other game plan with
which to retain power,” said Eldred Masunungure, political scientist at the
University of Zimbabwe said.

“A dangerous precedent has been set in this country where people get away
with conflict and violence. At the end of it all you want to ask yourself
whether Mugabe can survive without the use of violence? That is doubtful.” –
ZimOnline.

The MDC Today

Wednesday 11 August 2010

MDC activists in Shurugwi North have gone into hiding following continued threats on their lives from the councillor and soldiers in their area. Mr Witness Chimunhu and his wife, Shamiso, who is also the ward 14 chairperson, are being tracked on allegations that they were mobilising people against the councillor, Glady’s Nhema, Chief Nhema and the local MP, Francis Nhema.

An army captain, Major Vhutoi, attached to operation Maguta in Gweru is leading the team that has visited the Chimunhu residence on numerous occasions in search for the two.
The two have been informed of this search by some sympathetic police officers who gave Mr Chimunhu a copy of a letter written by the councilor to the police and copied to the MP, and the Zanu PF DCC instructing the police to arrest them.

In Mashonaland Central, an MDC activist in Shamva was on Monday evicted from her rented one-roomed apartment in Shamva after the local councillor threatened the landlady with unspecified action if her tenant remained at the house. The MDC Shamva district secretary for local government, Zvanyadza Chirige (30) has since relocated to Harare fearing for her life after continued victimization and threats at the hands of a Zanu PF ward 22 councillor Mai Mupeza.

Zvanyadza said she had lost her vending table three months ago from the same councillor, with the help of Zanu PF youth and two other women, Mai Masanzu and Mai Chimanga. After this she started using her mother’s stall before the councilor again stopped her trade. “Clr Mupeza said if my mother did not intend to use the stall then she should surrender it to council and forced me to leave the stall. This was before she ordered my land lady to evict me from the house,” Zvanyadza said.

She said that life was not easy for her and her three children aged between 10 and two as selling wares was her only means of livelihood. She reported the matter at Shamva police station but no action has been taken.

--
MDC Information & Publicity Department
Harvest House
44 Nelson Mandela Ave
Harare
Zimbabwe
Tel: 00263 4 793 250

BTH speaks to torture victim Nixon Nyikadzino back from exile

http://www.zimtelegraph.com/?p=8472

By BONGI DLODLO
Published: August 11, 2010

In 2006 NCA activist Nixon Nyikadzino was bundled into a truck by soldiers
led by a Major Kembo. They struck him on the head and eyes using clenched
fists while one of them took a burning cigarette and burnt his body. His
abductors also started pulling out his dreadlocks, resulting in a lot of
bleeding. He fled to South Africa and spent nearly 4 years in exile but last
month Nyikadzino took a job back in Zimbabwe. He speaks to SW Radio Africa
journalist Lance Guma about his return, the political environment and the
coalition government.

Interview broadcast 05 August 2010
Lance Guma: Hello Zimbabwe and welcome to this edition of Behind the
Headlines. My guest this week is an activist of note - his name is Nixon
Nyikadzino who works for The Crisis in Zimbabwe Coalition.

Several years back he used to be a senior member of the National
Constitutional Assembly (NCA) and went through the horrors of what Zimbabwe
was and maybe is still right now, being tortured by members of the Mugabe
regime.

He then fled to South Africa and worked there for several years and he's now
back in Zimbabwe, under the coalition government and the programme will
trace how this transition has been for him. Mr Nyikadzino thank you so much
for being our guest this week.

Nixon Nyikadzino: You are welcome Lance.
Guma: Right obviously you will have seen I've tried to summarise and be as
brief as possible in my introduction but, take us through what you went
through in Zimbabwe - maybe start off with what your job was at the time and
what you went through before you fled to South Africa.
Nyikadzino: By the time I left for South Africa I was still a senior
employee of the National Constitutional Assembly as a regional officer or a
person who was managing three provinces by then which were 41 constituencies
in Zimbabwe in terms of actually pushing for a new constitution.

So I was doing the expertise and management work on behalf of the National
Constitutional Assembly. What led to my leaving Zimbabwe was as a result of
abduction and torture that was actually perpetrated by some ZANU PF state
intelligence personnel who were actually employed by ZANU PF to come and
deal with me once and for all.

They came to take me from my place in Glen Norah at about at about 8pm and
they took me to another place while I was blindfolded, close to Bindura,
something that I later on realised at about 1 to 2 am the following morning.
A lot of things happened; you remember, if you go through the
communication that was sent to the African Commission on People's Rights,
you'll notice that a lot of things really happened, nasty things, some of
the things that I cannot even tell the listeners because they really, really
of people of nervous disposition because they were really nasty.

As a result of that, the National Constitutional Assembly by then, assisted
by other organisations, including my current chairperson now, Mr Jonah
Gokova helped me to go and seek some special treatment in South Africa.
Because I was a professional person, once I was there, I was being assisted
by different organisations and Crisis in Zimbabwe Coalition, by then doing
also just like the National Constitutional Assembly, saw it fit to engage me
in doing some other kind of media consultancy for them, thereby realising
that it was going to be an advantage for me to be in South Africa just to
seek treatment and spend the whole day sitting.

And they ended up actually taking my expertise and ploughing it back into
the Coalition, thereby formalising my employment there and also formalising
my departure from the NCA because literally what was supposed to happen was
that after three months I was supposed to go back and work for the National
Constitutional Assembly, so as a result of some headhunting and agreement
with the NCA I later on joined the Crisis in Zimbabwe Coalition in South
Africa.

Guma: Now obviously from the trauma that you went through in Zimbabwe to
life in South Africa, you probably also have an insight into what it is like
to be a Zimbabwean in South Africa. What's the typical life for a Zimbabwean
in South Africa - can you just summarise what they have to go through?

Nikadzino: I can tell you because during my initial month in South Africa I
was bearing the same brand just like any other refugee in South Africa, the
only difference was that I hadn't decided to take up the refugee status like
my colleagues but in terms of living conditions, because I was living on a
very, very minimal stipend it was really difficult to support my family back
here in Zimbabwe and also to support myself, cognisant of the fact that
rentals are very high in South Africa, at times even food is expensive but
it's available and that you always have expenditure, you have to pay for
everything that you have to have.

So as a result of that, I came through the kind of life that Zimbabweans
experience in South Africa - life whereby it's difficult to get
accommodation because you can't afford to pay, life whereby it's difficult
to get a loaf of bread just to eat it with water just because you can't
afford to pay for that loaf of bread, walking long distances to go and look
for work and when you get the work, the kind of wage you are given is not
even up to standard, it will only take you to buy your food or maybe look
for a small space that you can sleep and using your bag as a pillowcase.

So under those circumstances, I think life continues to be as difficult as
such for Zimbabweans living in South Africa and had it not been because of
the conditions that were prevailing at that time and that continue to
prevail now even under this inclusive government.

I don't think any ordinary and reasonable Zimbabwean would so decide to flee
his or her country to go to a place like South Africa because opportunities
even for professionals are difficult to come by because there is a plethora
of competition for those opportunities, both by the locals and Zimbabweans
and other nationals who think that only greener pastures can be found in
South Africa here in the African continent.

Guma: Now obviously, as I've said in the introduction, you've since gone
back to Zimbabwe, working for the Crisis Coalition, we like many other media
organisations, received the email stating the new appointments that had been
made and you've moved from the South African office to the office in
Zimbabwe. Now let me get your initial reaction to the appointment at first
when you were told you would be posted to Zimbabwe, did you have any
hesitation going back?

Nyikadzino: Of course. For your information, this took a long period, by the
time people began to receive the communication, the discussions had been
going on for almost like more than a year so I was aware of the impending
relocation to Zimbabwe, only that there were a lot of nitty gritties that
needed to be dealt with, but in terms of the political situation that led me
to leave Zimbabwe, I was still hesitant.

So I wanted to do an environmental scan to make sure that the environment
would be capable of taking care of people of our disposition since we are
victims, we are survivors of the intransigent political situation that was
in place in Zimbabwe even before 27 June and as such you cannot just jump
into a country when you know that you are like Daniel being thrown into a
den of lions so as such I had to take that environmental scan and during
that particular period, that same period where discussions were taking place
and you will remember that there were several times when I was telling you
that I've just arrived from Zimbabwe or I'm going to Zimbabwe.

So during those particular periods when I was coming to work maybe briefly
for a week or briefly for two days, I was trying to scan the environment, or
would try to get first hand information from colleagues to find out whether
the situation had really transformed positively for activists of our nature
and our capacity to be able to come back and continue to do the kind of work
that we feel can be done here in Zimbabwe in order to take Zimbabwe close to
where we can call it a democracy.

Guma: So in terms of being back in Zimbabwe continuously, how long have you
now been back home?

Nyikadzino: Now we are in August I jumped in here, today is the 5th, so this
is 30 days in Zimbabwe for me.

Guma: What would you say to people who are in a similar situation Mr
Nyikadzino who have fled home and because of nostalgia and other factors,
relatives dying and things like that and they want to come back home, what
would you say to them?

Nyikadzino: What I would say for them is that the difference that maybe,
mine is a conviction, that's why I am here. If it had not been built on
conviction then I wouldn't have made that particular decision to be here
because I almost died, I was almost killed but taking that aside, I said let
me go back and see whether these people still have the guts to kill me.

If they have the guts to do that, let them do it and the world will be there
to see, but I've never held a knife against anybody, never have I held a
sword against anybody, never have I held a gun against anybody like what
they do. What I have held is the word of my mouth and the pen that that
speaks the truth on behalf of the people here in Zimbabwe, what every
Zimbabwean cherishes and if ever there are other Zimbabweans who believe in
that and who think that they can and are prepared to come and do so, then
let it be.

But for those who believe that they can also be able to contribute to this
economy, to the fiscus through their handouts that they send to their
relatives, through also capacitating themselves in their respective
countries, I would rather think that we cannot all be activists, neither can
we all be comrades, neither can we all be revolutionaries. We must be able
to trust each other in our different expertise and make sure that we
contribute and try to disintegrate this regime, so that come the right time
when we will come, everyone would say, would be able to say I have
contributed a piece to make this cake a very, very sugary and a nice one.

Guma: And in the few weeks that you've been back home Mr Nyikadzino, what's
your assessment as someone who was initially outside the country and is now
back, what's your assessment of the coalition government, is it working?

Nyikadzino: I'm happy that you had an interview with Henry Olonga just
recently, and I went through that interview, you know, the transcript and I
share the same sentiment and the same analysis as Henry Olonga that what you
find is the accessibility of commodities but inaccessibility of financing or
funds. People are not able to have the funds. Those who used to get better
pay whereby they support the majority of Zimbabweans, like the civil
servants - they get 250 dollars.

To rent a room in Glen View you need 50, between 50 and 100 dollars, you are
left with 150. School fees - at a boarding school if you've got kids is 300
to 800 dollars so that money is not enough. Where do people get the money to
buy food? Nobody can answer that. In terms of the service delivery - we
still have problems with water, there's no water where I'm staying
currently. I'm staying in the Avenues but I do not have access to water and
currently we do not have access to electricity. It's actually a celebration
for electricity to be there in your house or in your apartment.

So in terms of the real transformation of the country itself, it's still as
difficult as possible because you have to understand that for hospitals to
be working right now it is because of donor agencies, but the fiscus - if it
was as strong as it should be, should be able to actually sustain the
education, the health and other areas of service delivery but that is not
happening so we actually a hanging country with a government that is
supposed to bringing in confidence, so what is helping people to survive is
the hope of the 11th of September or 15th of September when the inclusive
government came into place, when the Global Political Agreement was signed
and so people are still satisfied that something can happen.

It's not because they've got food on their table, not that they've got
medication on their table, not that they've got water in their houses, not
that they've got education for their kids that has got a better curricular
but it is because on their table there is the hope that was given by the
inclusive government, that come 2010, come 2011 things will be better. And a
lot of people are hanging on that and if that hope does not translate or
transform into really positive things that will bring bread and butter
issues for the people on the table, I can assure you that people will get
back to the same frustration that they've been in before the negotiated
settlement that we have.

Guma: And I'm also interested Mr Nyikadzino in your take on the current
constitutional outreach exercise. We're receiving reports of incidents of
violence in areas like Chipinge, in fact the latest we are hearing is that
the MDC might be boycotting some of the outreach meetings in protest at what
is happening. What's your take on this and do you think in the end something
will come out of it?

Nyikadzino: What we always do as civil society is to be a watchdog but also
to push for the better. Everyone is aware that this process is flawed but we
are trying to push for a better content. If the content is going to reflect
the views of the people then maybe we might be able say let us deal with
this for now so that things can move forward.

But for the benefit of doubt, the truth still remains that the political
environment does not allow for this process to move forward and the
political environment still allows ZANU PF to use the state machinery to
actually subjugate the views of the people and to suppress the people's
views and we continue to receive several cases of violence, several cases of
intimidation.

Like in Nyanyadzi we understand that two weeks ago, war veterans, actually
it's about seven days ago, war veterans wanted to disturb a meeting, they
wanted to chase away the outreach team led by members of parliament, only to
be saved by a snake that fell down from a tree and they said that the spirit
medium's had intervened, thereby allowing the meeting to proceed. So we
continue to see these manifestations of violence, intimidation and
infiltration of fear amongst the people as a result of ZANU PF's concrete
machinery of propaganda and machinery of intimidation and violence.
So we don't think that the environment is to permit that to happen but what
we must continue to do is to create checks and balances to push forward to
make sure that certain things that we want to see happening can happen and
if they don't happen come the time we are supposed to go for a referendum, I
think civil society will be able to pass a verdict to say whether this
process was worth it or if it was also a waste of people's money and donors'
money - whether that money could have been used or supplied elsewhere.
Guma: And my final question for you and we're running out of time so if you
are brief in your answer, one of the editors at the Zimbabwe Standard wrote
an article recently saying the crux of the Zimbabwe crisis is the issue of
power transfer and in that article he argued that the military junta in the
country is effectively in charge and that SADC and the AU should address
this issue over, will the generals allow a transfer of power should Mugabe
lose the next elections.
And he also further accused the MDC of concentrating on minor issues like
Gono, Tomana etcetera, etcetera and not addressing this issue of power
transfer. For someone recently back, are you getting this? Is this is
something everyone is talking about, that the military junta is running the
country?
Nyikadzino: Lance, let me be honest with you, one is we are sympathetic to
some of the pro-democracy movements that we have in this country like the
Movement for Democratic Change, the true fact of the matter is that even
within the inclusive government we do not see that transfer of power or
sharing of power. The power is still one-sided. Why it is so is because JOC
or the Joint Operations Command is still in place, they are operating in
some dark corridors, whilst the new one which is the National Security
Council is not operational at all and they don't wield any power.
And the true fact of the matter is that the power dynamics in Zimbabwe is
militarised and where do you find the military? The military is controlled
by ZANU PF and the events that have been taking place all along can show you
that, or prove that the military people have been making decisions even on
behalf of Robert Mugabe. There are certain events that have taken place - if
you go to the parastatals, you see how militarised and criminalised it is.
You'll find a kith and kin kind of arrangement whereby if a family have got
a governor in Mashonaland West at GMB (Grain Marketing Board) you'll find
the whole village working at GMB and you'll find that there are people who
were in the youth militia who were paid there, people who have been attested
into the army as youth militia who are also working at GMB just making sure
that they plunder the national resources but also they get to be safe so
they are working to create violence again next time.
So it will continue to be a bit difficult in Zimbabwe because even if we go
to an election next year and let's assume the MDC wins, the point or the
question will be are the military people or is the military junta in
Zimbabwe led by a de facto leader called Robert Mugabe, is it going to
accept to transfer or to give power to that person. I still doubt - no.
So the SADC must actually be concentrating more on security reforms and also
trying to deal with the political environment, disengaging, dislocating the
apparatus of violence because the apparatus of violence themselves are being
coordinated by the military, by the militia and such coordination if it is
not dealt with at regional level, at international level, we are still going
to be revolving or recycling around negotiated settlement.
That is if the military regime is going to accept another negotiated
settlement, come next election, come the time when they accept that they
have lost, come the time they will say no maybe we can continue to be in
actually a coup d'état type of rule in Zimbabwe which will be more of a
pariah state.
Guma: That was Zimbabwean activist Nixon Nyikadzino joining us on Behind the
Headlines. Mr Nyikadzino thank you so much for your time.
Nyikadzino: You are welcome.
To listen to audio of programme click link below;

http://swradioafrica.streamuk.com/swradioafrica_archive/bth050810.wma

Feedback can be sent to lance@swradioafrica.com or
http://twitter.com/lanceguma
SW Radio Africa is Zimbabwe's Independent Voice and broadcasts on Short Wave
4880 KHz in the 60m band.

Role of Parliament in Constitutional Reform Process in Zimbabwe: Post Drafting

By SANDERSON N MAKOMBE

The constitutional reform process in Zimbabwe is limping heavily, with more
obstacles ostensibly lying ahead. The process as envisaged by the GPA is
premised to culminate in a 2nd All Stakeholders' Conference, which will
produce a draft constitution. The draft constitution and accompanying report
are then tabled in parliament before the draft is subjected to a referendum,
according to article 6 (C) V and V11.The report and accompanying draft
constitution will be debated for a month in parliament before being
subjected to a popular vote.
 What role parliament and the executive plays, with regard to their
legislative authority, towards the draft constitution emerging from the All
Stake holders' Conference, remain an elusive and controversial issue. This
is further complicated by effects of the Referendum Act 1999 [2.10], which
provides the Executive President with unlimited powers over the process.
Sadly Zimbabweans have been left not any wiser because of the lack of
clarity on this matter in the GPA, or further directions from the Minister
of Constitutional Affairs, except the lingering silhouette legacy of the
Mushayakarara case. Nothing aptly demonstrate this quagmire and danger more
than the debacle of the Chidyausiku Commission in 2000.The Constitutional
Reform Commission ,appointed in terms of the Commission of Inquiries Act,
produced a draft constitution which was gazetted on 30 November 1999.This
Gazetted draft contained some clauses totally divergent from the original
draft. Exacerbating the situation, President Mugabe on 19 January 2000,
published a further draft which contained 44 so called 'Corrections and
Clarifications'. Principally included was a new clause on 57, a clause
allowing the state to compulsorily acquire land without compensation.14 of
the 44 Corrections and Clarifications actually substantially altered
original clauses of the draft constitution, before it was subjected to a
referendum.
Shortly the after rejection of the draft in a referendum on February
12-13, 2000, the amended Section 57 [on compulsory acquisition of land] of
the draft found expression in the constitution through ZANU PF fourth
parliaments' last act in tenure through amendment No 16.The amendment of the
draft was the subject of litigation in the Mushayakarara case which I will
discuss later.
The constitution of Zimbabwe provides in Section 32 that the legislative
authority of Zimbabwe 'shall vest in the legislature, which shall consist of
the President and Parliament. Furthermore, Parliament is given sole
responsibility 'to amend, add or repeal any provision of the constitution by
Section 52.The procedure for making law [through enactment, repealing and
adding] is that subject to a quorum of a simple majority of both houses,
legislators can make or amend any law, including constitutional law. The
threshold barrier of simple majority is raised to absolute majority if the
bill under discussion is a constitutional amendment bill by Section 52
[c].The authority to amend the constitution, is like other laws, vested in
parliament.
The heading under Section 52 of the Zimbabwe constitution is 'Alteration of
the Constitution', which is expanded by 52[1] to mean 'amend, add to or
repeal'. Under Section 113 on Interpretation, 'amend' is defined as to
include 'vary, alter, modify or adapt'. Analogous terminology is used in
Kenya's constitution. [Which also became a focal point of litigation in the
Kenyan High Court]. Section 47 of the Kenyan constitution states 'Parliament
may alter the constitution'.Furthermore, alteration is defined as to mean
'amendment, modification or enactment of a provision or the suspension or
repeal of such a provision or the replacement of a provision of the
constitution.' A strict interpretation of the aforesaid point to the fact
that Section 52,like Kenya's section 47, does not empower parliament to make
wholesome changes to a constitution, nor revoke it, but rather empowers
parliament to make piecemeal changes to the constitution.  The roots of the
verbs amend, alter, adapt and modify signify a moderate change to an
existing structure, short of overhauling it.
 This point is very relevant when the current constitutional reform process
reaches the stage when the draft will be tabled before parliament. The
crucial question is whether parliament will treat the draft as any other
constitutional bill, with powers to amend, add or modify using legislative
powers under Section 52?Principally if the bill is considered as any other
amendment bill, it renders the whole logic of public participation and
constituent power irrelevant,disempowering the citizenry who ought to author
the constitution, whilst  effectively ensuring that sectional interests of
the major political parties will dominate the debate in parliament.
There is a school of thought recognising that writing a new constitution is
not  the same as making constitutional amendments, as reform  is deemed as
seeking  to substitute the whole constitutional make up with a new
constitutional order. Alteration on the other hand, is understood to be a
process of changing certain clauses in a constitutional document without
necessarily substituting the whole document. The current Zimbabwean
constitution provides in express terms the procedure for amending the
constitution. It provides that a constitutional amendment has to be affirmed
by two thirds of both Houses of Parliament. Precedent has shown that this
express provision applies solely to amendments as opposed to wholesale
reform of the constitutional order. As of now, the original Lancaster House
constitution has been amended 19 times in 30 years.
Put in other words, does the constitution of Zimbabwe allow parliament to
revoke it [constitution]? Probably not. Parliament in its ordinary
legislative process cannot formulate a new constitutional reform bill and
pass it as it does not have the power to do thus. In other words, the
constitution did not provide on the process of bringing a new constitution
into life. [Before the GPA, which found expression through amendment No 19].
Therefore if this school of thought is adopted, it means that parliament as
it stands right now does not have any powers to effect or give effect to a
new constitution. Some constitutions have entrenched the process in the
constitution, recognising and providing for its own total replacement. Not
only does the entrenchment provide the power to replace, it also crucially
provides the process and stages to be followed when a new constitution is to
be enacted. The logic behind this reasoning is that parliament itself is a
product of the constitution; therefore it has no power to bring the same
into life. The power to replace the constitution vests directly in the
people themselves and cannot be exercised by parliament on their behalf.
Theorists refer this as constituent power of the people. They note the
constituent power can only be exercised through constituent assemblies
elected directly by the people with express mandate to replace the
constitution with another. It has also been recognised that a constituent
power can also be expressed through a referendum, a process which the
Zimbabwean constitutional reform process has adopted. Therefore what's the
essence then of tabling the draft in parliament when the constituent power
vests in the referendum.  If this holds water, any provisions in the draft
that parliament want resolving or further consultation must be returned to
the All Stakeholder Conference for further deliberations and adopted as such
by such a body tasked to produce the draft constitution.
Parallel to this thought are those who want to recognise that parliament in
exercise of its unquestionable absolute legislative power as provided under
section 32 and 52 was constitutionally authorised to alter any part of the
constitution and therefore, all sections of the constitution. They recognise
that parliament has unlimited authority to alter the constitution, section
by section which in totality would amount to replacing the constitution with
a new order. Already parliament has effected far reaching constitutional
changes since 1980 which include changing the form of government from a
Prime Ministerial Westminster type to executive presidency, abolishing
bicameral legislative body in the late 1980, and then back again to
bicameral in 2007.The 19 amendments have substantially altered the original
document, though short of overhauling it.
However, the first interpretation sounds more logical and in tandem with
modern democratic principles. It remains a fact that parliament on its own
cannot write a new constitution for us, that would actually amount to a
revolution. Two cases in Kenya confirmed this interpretation in the High
Court. First was the Ringera Judgement and secondly, the Ngamu Judgement. On
a point of law, different sittings in the High Court ruled that the current
Kenyan constitution did not allow parliament to revoke it or establish a new
constitutional order, vide section 47, which is very similar to Zimbabwe's
section 52.
Therefore it is imperative that that the Justice Minister explains to the
nation what role parliament will play when the draft is presented before
them and if they have powers to amend, alter or modify the draft before it
is submitted to the referendum. As happened in 2000, what powers also does
the executive have on the draft before it is submitted to the referendum.
The danger is that, in worse case scenario, we are going to end up with the
Kariba draft. How?
In the Mushayakarara and Obey Mudzingwa Vs Chidyausiku petition, Justice
Bartlett was asked to adjudicate on the powers of the President as provided
by the Referendum Act. He ruled then that the Referendum Act 1999 did not
require the President to put before a referendum a constitution approved by
the then Constitutional Commission. In other words, he [President] was
entitled to put any draft to the electorate and it was up to the electorate
to affirm or reject that draft. Alarmingly, for the current process, Justice
Bartlet further ruled that the President through the Referendum Act is
entitled to make any corrections, clarifications, alterations or amendments
to the draft constitution if he so wishes and does not even need the
approval of parliament or any other institution for that matter!
This still stands as good law and the current process envisaged by the GPA,
which requires a referendum will be held through the Referendum Act, a law
principally administered by the executive. Yes, we could end up with the
Kariba draft or whatever ZANU PF so wishes. The MDC should have pushed for a
robust process under article 6 of the GPA removing the president's power to
amend the draft.
To curtail such excesses, the following could provide a smoother passage for
the draft, if ever it will be produced!
1. The Referendum Act must be repealed before the next referendum, removing
unlimited powers for the presidency to interfere with the process.
2. Parliament must not be allowed to modify, amend, and alter any provisions
of the draft constitution before it is subjected to a referendum. Such task
must be done by the drafting organ of the all stakeholders' conference after
shifting through materials from thematic committees. The three principals
could agree on this principle.
3. Next constitution must also provide for its own overhauling expressly and
the stages necessary to affect a constitutional changeover.
The writer can be contacted on smakombe@btinternet.com