Aug 28, 7:56 AM EDT
BY
ANGUS SHAW
ASSOCIATED PRESS
HARARE, Zimbabwe (AP) --
Zimbabwe Prime Minister Morgan Tsvangirai said
Tuesday he won't renegotiate
over a draft constitution despite demands by
President Robert Mugabe for
major amendments to the document.
Tsvangirai said he was ready to
reconsider "one or two issues" but Mugabe's
party had completely rewritten
the draft. Mugabe's ZANU-PF party, in a shaky
coalition with the former
opposition, "totally rejected" the draft that had
been agreed upon and
signed by representatives from all parties, he said.
The deadlock over
the constitution could only be broken by regional leaders
who brokered the
coalition after disputed and violent elections in 2008,
Tsvangirai told
reporters.
"I hope they will act," he said.
Under the terms of the
coalition, a referendum on a reformed constitution
must be held before fresh
elections. Mugabe's party wants sweeping powers it
has held since
independence in 1980 restored in the draft constitution.
Tsvangirai said
the draft should now be put to Zimbabwean voters in the
referendum and he
urged ZANU-PF: "If you don't agree, go out and campaign
for a `No'
vote."
Tsvangirai's party, the Movement for Democratic Change, has called
on its
supporters to back the draft with a `Yes' vote.
Mugabe's party
insists the draft is now in the hands of the three leaders of
the coalition,
known as the "principals," to iron out their differences.
"I am one of
the principals. The principals cannot renegotiate the document
and do not
have a veto on the constitution. Let the people be the final
arbiters,
certainly not me," Tsvangirai said.
Mugabe's party has also said the
president can call elections with or
without a new
constitution.
Tsvangirai said such a move would be in breach of the
coalition agreement
crafted by leaders of the Southern African Development
Community, the
15-nation economic and political bloc, and would be illegal
under the
existing constitution.
`'I don't think SADC will allow
that," Tsvangirai said.
It was now up to the regional bloc and the chief
mediator on Zimbabwe,
President Jacob Zuma of South Africa, to "unlock" the
stalemate over
democratic reforms in the constitution and press for the
implementation of
other reforms set down in the power-sharing agreement
before elections can
be held by mid-2013.
"It would be suicidal for
us to take part in elections without the necessary
reforms. If it collapses
it would spell doom for the conduct of free and
fair elections," he
said.
Tsvangirai said reforms of the state media controlled by Mugabe
loyalists
lagged far short of targets in the coalition agreement which
called for an
end to hate speech and media bias. Tsvangirai charged that he
and his party
are still vilified by what he called "the propaganda
mouthpieces of ZANU-PF"
of the state-owned news media that have mass
audiences.
He said in the 36-month life of the coalition he had never
appeared as the
prime minister on state television progams or
discussions.
Tsvangirai is shown by the sole television broadcaster in
news clips, but
often with a derogatory slant, report media freedom
groups.
Tsvangirai on Tuesday described media reform as "key if this
country is to
have some semblance of a free and fair election."
"We
will not take part in anything other than a fair election," he said.
"Anything else is a circus."
http://www.swradioafrica.com
By Tererai
Karimakwenda
28 August 2012
The facilitation team representing South
Africa’s President Jacob Zuma held
a meeting with Zimbabwe’s negotiators in
Harare on Tuesday, to try and
breathe life into the stalled constitutional
reform process.
The visit follows a weekend decision by ZANU PF’s
politburo that their
amended draft charter is “final and non-negotiable”,
with the MDC formations
insisting that the agreed version be taken to the
All Stakeholders
Conference.
Lindiwe Zulu, President Zuma’s
International Relations advisor and
spokesperson for the facilitation team,
confirmed the meeting with
negotiators was taking place Tuesday. Her team
also includes Charles Nqakula
and Mac Maharaj. Zulu said President Zuma was
not expected in Harare this
week.
The facilitators have a difficult
mountain to climb with the MDC formations
insisting they will not give in to
ZANU PF demands to amend the version
agreed to by all political
parties.
Prime Minister Morgan Tsvangirai told journalists at his monthly
press
briefing Tuesday that he has rejected ZANU PF’s proposed amendments
and a
deadlock is now “inevitable”.
MDC-N leader Professor Welshman
Ncube echoed the same sentiments. He told SW
Radio Africa that there is no
chance his party will renegotiate the draft
constitution with ZANU PF, who
he said do not have enough of a majority in
parliament to force an election
with their version of the constitution.
“ZANU PF is basically saying they
have given themselves the right and the
power to rewrite any clause in the
constitution the way they wish and the
other parties must accept their
version of every clause. And it is not an
invitation to negotiate. It is
clearly a directive to say accept what we
have done,” Ncube
explained.
He added: “Clearly we will not be dictated to by ZANU PF.
There is
absolutely no chance that we will ever grant ZANU PF the power of
the last
word in writing the Constitution of Zimbabwe. And they have no
balls to take
their version to a referendum because they know it will be
rejected by the
Zimbabwean people.
But many observers are questioning
whether there is any political will
within SADC to pressure Robert Mugabe
and ZANU PF, given the controversial
role SADC leaders played in protecting
them by suspending the SADC Tribunal
in Namibia.
The regional court
had ruled in 2008 that Mugabe’s land grab exercise was
illegal and racist
and must stop. The Mugabe regime dismissed the ruling and
challenged its
legality. Rather than deal with them, SADC leaders suspended
the Tribunal’s
operations instead, affecting all human rights cases in the
region.
Meanwhile in a statement the Crisis Coalition said Zimbabwe’s
deadlock over
the constitution was a test of the resolve of the SADC
facilitators “to
stick to previously agreed terms and not be side tracked by
attempts to veer
off course”, and a test of their “commitment to process,
especially as
agreed to by the parties to Zimbabwe’s GPA”.
Crisis
said this is also a test for the 2 MDC formations, who so far had
remained
loyal to the COPAC process “in spite of their own reservations with
some of
the clauses implanted onto the (original) draft by ZANU PF”.
http://www.sabc.co.za
Tuesday 28 August 2012
18:22
SABC
MDC leader Morgan
Tsvangirai cautions that tampering with the draft
constitution could spell
disaster for the elections. Tsvangirai has rejected
President Robert
Mugabe's Zanu PF party's proposed amendments to the draft
Constitution and
is calling for the draft to the taken to the public.
MDC says a new
constitution is central to elections and to reform Zimbabwe.
He added “if
the process collapses, it is will spell doom to prospects of
credible, free
and fair elections.”
Over the weekend, Zanu PF convened an emergency
meeting where they tasked
Mugabe to negotiate with his coalition party
leaders, the inclusion of over
30 amendments to the draft, saying the draft
in its current state does not
reflect the people's views.
The Zanu PF
draft strengthens presidential powers over parliament including
in the right
to declare war and explicitly outlaws homosexuality, same sex
marriage and
dual citizenship.
It also scraps a proposed independent prosecuting
authority, clauses giving
more executive authority to provincial governments
and gives complete
immunity from prosecution to the
president.
Meanwhile, President Jacob Zuma's, appointed facilitation team
in the
Zimbabwe crisis, is in Harare today to try to negotiate an end to the
stalemate over the draft constitution.
http://www.newzimbabwe.com
28/08/2012 00:00:00
by Staff
Reporter
FINANCE Minister Tendai Biti said Monday the just completed
census "was a
success" adding results were expected at the end of the
year.
The enumeration exercise began on Aug 17 and was due to be
completed on
Monday.
Biti said about 98 percent of households had
been counted in the census as
of last weekend.
"As of Sunday
enumeration was on course and our staff on the ground had
covered 98 percent
of the ground. Results will be released either at the end
of the year or
early next year," Biti told reporters in Harare.
The United Nations
Population Fund released US$12 million for the exercise
while the government
came up with US$8 million for payment of the
enumerators.
“As of
today (Monday) we will release US$8 million to Zimstat so that
enumerators
are paid,” Biti said.
At least 30 000 enumerators, mostly drawn from the
education sector, took
part in the population count.
The census was
initially marred by disturbances when thousands of
prospective enumerators
wishing to take part in the process jostled at
various centres countrywide
to take part in the process.
Late disbursement of materials as well as
transport shortages also affected
deployment of some officers to remote
areas.
Zimbabwe has successfully conducted population after every 10
years since
1982.
The other censuses were held in 1992 and 2002 with
the last count putting
the country’s Zimbabwe's population at approximately
14 million people.
http://www.financialgazette.co.zw
Tuesday, 28 August 2012 18:00
BULAWAYO —
Zimbabwe’s fourth population count since independence in 1980 has
been
marked by chaos, amid allegations of double counting in some parts of
the
country.
The exercise started on August 18 and ends on August 27, 2012. It
was nearly
plunged into disarray earlier this month after army personnel
tried to
muscle their way into the process.
In Harare, Bulawayo, Gweru,
Kwekwe and Masvingo agitated soldiers disrupted
training workshops for
enumerators as they demanded to be included in the
exercise.
The military
wanted at least 10 000 soldiers to be part of the 31 000
enumerators
deployed countrywide, but Cabinet moved with speed to whittle
down the
number of military personnel involved in the census to 1 500
officers.
The bulk of the enumerators have been drawn from public
service.
The exercise is reportedly moving at a snail’s pace due to
logistical
nightmares amid fears that thousands of people could fail to be
counted in
some areas due to logistical problems.
Enumerators in some
remote parts of the country are walking distances of up
to 12 kilometres to
carry out their duties.
Finance Minister Tendai Biti had budgeted US$40
million for the population
count in which enumerators are taking home US$90
a day.
Population Census and Survey director, Washington Mapeta, this week
allayed
fears of chaos and confusion around the population count, saying the
process
was progressing smoothly.
He said the slow pace at the beginning
of the exercise was normal and had
nothing to do with lack of
resources.
“In general, the exercise is moving smoothly. It is to be expected
that when
enumerators start interviews the process is a bit slow, but they
will pick
up speed as the exercise progresses,” said Mapeta.
“As far as
we know, there are no problems as far as resources are concerned,
we have
not received complaints. Every enumerator is equipped with uniform
and is
well paid. As far as we are concerned, things are progressing well,”
he
added.
According to Mapeta, as much as 64 vehicles have been provided for
cities
like Bulawayo.
“Ideally, our enumerators are not supposed to be
provided with transport as
they are chosen from areas where they reside, but
we provide transport or
allowances where needed. For Bulawayo, for example,
we provided about 64
vehicles for the exercise,” he said.
The exercise
has also been criticised for not asking questions that add
vallue to
Zimbabwe’s demographics.
People interviewed so far have expressed concern
that there are no questions
which touch on religion, ethnicity and other
important issues. Mapeta,
however, explained that questions which were not
included in the population
count had already been covered in the 2010-2011
demographic survey.
Political observers are, however, wary of the involvement
of military
personnel, fearing the manipulation of figures for purposes of
managing
harmonised elections expected next year.
The general feeling is
that with direct control over census statistics, it
would be easy for the
highly politicised sections of the army to try and
establish a political
advantage for ZANU-PF by manipulating demographic
information as the country
gears up for elections.
Movement for Democratic Change Bulawayo provincial
spokesperson, Edwin
Ndlovu, said while the process was being carried out in
a peaceful manner,
the slow pace was a cause for concern.
“We are worried
that the 10 days will elapse before they finish. Actually
those people walk
long distances and that is worrisome. We do not want a
situation where
thousands of our people are not counted,” said Ndlovu.
According to the 2002
national population census, Zimbabwe’s population was
11,6 million, up 1,2
million from a decade earlier.
Previous censuses were conducted in August
1982, August 1992, and August
2002. — Own Correspondent.
http://www.voazimbabwe.com
Jonga
Kandemiiri
27.08.2012
Zimbabwe's national population census was
expected to end midnight Monday
with enumerators set to hand over data
collection material to supervisors
for processing field reports starting
Tuesday.
Population Census and Surveys Manager Washington Mapeta of the
Zimbabwe
National Statistics Agency said the exercise was on schedule in all
provinces despite reports in certain areas that some people were not
counted.
Some have also criticized the research methods applied in
the national
census saying they were not suitable for Zimbabwe.
There
were also reports that several enumerators threatened to withhold data
collection material because of outstanding daily allowances.
People
in various areas including Mhondoro in Mashonaland West, Matabeleland
North's Lupane District and other regions told Studio 7 LiveTalk they were
not counted and suggested that the program should be extended.
There
were also fears that some areas might have been left out due to
inaccessibility, a development critics said may contribute to the production
of incorrect population figures.
But Mapeta said the program covered
almost all parts of the country.
Meanwhile, Finance Minister Tendai Biti
said government is pleased with the
way in which the program was carried
out.
Biti told a press conference in Harare that results of the census
will be
published before the end of this year or in the first quarter of
2013 after
the processing of data collected by over 31,000
enumerators.
At the same time, Biti said the government will not allow
bakers in Zimbabwe
to increase the price of bread following a threat by the
National Bakers
Association to do so citing high import duty on
flour.
The finance minister said the proposed increases were unjustified
as the
country still has large quantities of wheat for producing bread.
http://www.thestandard.co.zw/
August 28, 2012 in
Politics
PRESIDENT Robert Mugabe is this week expected to proclaim the
dates of at
least three by-elections as ordered by the Supreme Court, but
already there
are ominous signs that there is more than that in store for
Zimbabweans.
Report by Nqaba Matshazi
The Herald columnist,
Nathaniel Manheru, believed to be Mugabe’s spokesman,
George Charamba, has
already intimated that the President could as well
declare a general
election as there was an impasse on the constitutional
draft.
The two
MDCs have declared their opposition to Zanu PF amendments to the
draft,
whereas Mugabe’s party is seeking a raft of changes that could create
a
stalemate.
This may inadvertently lead to Mugabe calling for elections this
year, his
long-held wish which has failed to hold sway in the
country.
“The President has between now and August 30 to be shown in which
direction
the whole constitutional matter is going,” Manheru wrote in his
weekly
column last week.
“If it is in the direction of consensus and,
therefore, a referendum well
and good then. If it’s in the direction of an
impasse, then that impasse
must be declared before or by August 30. Either
way, the nation goes for
elections.”
MDC leader, Welshman Ncube
seems to have acknowledged that Zanu PF was
spoiling for a fight, by
proposing a raft of amendments, as it knew that
these would be opposed,
leading to a stalemate that would then lead to
elections, well suiting Zanu
PF’s agenda.
“It is clear that the Zanu PF hawks are itching for an
early election and
this move they have made has brought them very close to
their wish to burn
down the country by having a rerun of the 2008
elections,” he wrote last
week.
“It’s not going to happen. It’s time to
let the dice roll the way it will.
If an election without a new constitution
is the only way to move forward,
then let it be.”
On the other
hand, MDC-T secretary general, Tendai Biti has already
indicated that they
will fight tooth and nail to resist Zanu PF changes to
the
draft.
In the event of an impasse, South African President Jacob Zuma
is expected
to intervene but the question is whether he will be able to do
it before
Thursday, when Mugabe is expected to make pronouncements on
elections in
vacant wards.
Zuma’s mediation team is expected in the
country early this week.
Zanu PF has already publicly expressed its
disdain with the Zuma mediation
policy and to spite the South African
president, whom they consider
partisan, they may call for
elections.
Dewa Mavhinga a political analyst reckons Mugabe may use
the Supreme Court
ruling, compelling him to call for by-elections in three
vacant
constituencies, as an excuse to tear apart constitutional
reform.
“For Zanu PF, the Supreme Court ruling on by-elections and an impasse
on the
draft constitution will provide a perfect excuse for them to call for
elections,” he said.
But Mavhinga said given the impasse over the
draft constitution, he expected
Mugabe to call for a general election, at
least by next February.
A Supreme Court ruling said Mugabe should set dates
for elections in three
constituencies, but the number of empty seats in both
houses of parliament
has risen to 38, meaning Mugabe would have to call for
elections in the
vacant areas or throughout the whole
country.
But Trevor Maisiri, a senior analyst for southern Africa at
the
International Crisis Group, said it was highly unlikely that Mugabe
would go
against a regional prescription for credible
elections.
He argued that Mugabe would not go against a
Sadc-initiated process.
“The president will never unilaterally call for
general elections. Other
people will always comment from outside and say
their preferences but the
President will not take such a diplomatic risk,”
he explained.
Maisiri doubted that Zanu PF would insist on
terminating the inclusive
government, but rather was of the opinion that the
party would delay passing
the new draft constitution so that the country may
go to elections using the
old constitution.
http://www.herald.co.zw
Tuesday, 28 August 2012 00:00
Masvingo
Bureau
GOVERNMENT has started demarcating plots at Nuanetsi Ranch in Mwenezi
for
the resettlement of 400 families affected by construction of the
Tokwe-Murkosi Dam in Chivi. The sub-division on 7 000 hectares of land would
be complete in November. The land is part of the 68 000ha donated to
Government by Development Trust of Zimbabwe for resettlement
purposes.
Government intends to relocate nearly 4 000 families to pave way
for
Tokwe-Murkosi Dam construction.
Masvingo Governor and Resident
Minister Titus Maluleke last week said
families would get 17 hectares
each.
“We have started the demarcation of plots at Nuanetsi Ranch for the 400
families, so that work on building five saddle dams at Tokwe-Murkosi can go
on uninterrupted,” he said.
Governor Maluleke said the relocation of the
remaining families would be
done next year.
He hailed the DTZ for
offering Government land for resettlement of the
affected
villagers.
Tokwe-Murkosi Dam will hold 1,8 billion cubic metres of water when
full.
The dam’s flood area will straddle over 9 600 hectares and it will have
the
capacity to irrigate 25 000 hectares of land.
Once completed, the dam
is likely to turn arid parts of Chivi, Masvingo and
Chiredzi into a
perennial greenbelt and a food production hub.
http://www.radiovop.com/
Harare,
August 28, 2012 - Finance Minister Tendai Biti on Monday threatened
unspecified action on errant bread makers who last week mooted a 20 percent
hike in bread prices arguing that the cost of importing flour had
increased.
Biti was addressing journalists following threats to increase the
price of
bread by the National Bakers Association of Zimbabwe President,
Dumisani
Moyo.
Moyo insists the price of importing wheat and that of
sourcing for flour has
sky rocketed.
He also contended the price of
flour had surged from $680 per tonne to more
than $710, hence their plans to
hike the price of bread.
But Biti on Monday came guns blazing saying he
will not allow the bread
makers to trigger a contagious price increase on
all other commodities.
“The statement by the Bakers Association of
Zimbabwe was very misleading,”
Biti said.
“There is absolutely no
duty on the importation of wheat and wheat is
imported by millers who then
sell to bakeries. The Bakers Association of
Zimbabwe is trying to put
pressure on us to liberalise the importation of
flour which is processed
wheat but if we do that we are now damaging the
local milling
industry.
“So there is no duty at all on wheat there is a small duty on
flour to
protect the local milling industry which is the manufacturing
base.
“It is irresponsible to insinuate an increase in the price of bread
when the
price of wheat and the duty on wheat is nonexistent and has not
been
increased. What they are trying to argue is that ‘give us the carte
blanche
licence of importing flour and not wheat’ and that is in fact an
unfortunate
position because we would be damaging the local
industry.
“So as far as we are concerned, there is nothing to justify any
rise in the
price of bread and we will not allow that
situation.”
Biti said the argument by the bakers that fuel was also
contributing to the
intended price increase was not justified saying the
bakers use electricity
primarily to produce the bread and that international
prices of
hydro-carbons were decreasing.
Meanwhile, Biti said
government was pleased with that the current census
enumeration exercise
which started in a cloud of controversy and was now “98
percent
complete”.
He said the enumerators were now going back to households
whose occupants
were absent when they visited them and those built on
undesignated land,
otherwise known as in-fills.
Biti also said that
government would this Wednesday convene the Zimbabwe
High Level Economic
Forum in Victoria Falls, which shall involve
international experts on how
the fiscus is managed.
This will help government diagnose some of its
problems. Prime Minister
Morgan Tsvangirai is set to officially open the
high profile indaba.
http://www.swradioafrica.com
By Alex Bell
28 August
2012
Members of the police force in Harare are believed to be involved in
a
syndicate behind the production of fake US dollar notes, which have
flooded
the city’s cash market.
Four people were recently arrested
after using fake notes at shops and bars
at Mupandawana Growth Point in
Gutu, during the Heroes Day gala concert.
Traders were left up in arms after
they received hundreds of counterfeit
notes, mainly US$10 and US$20 bills,
during the event.
SW Radio Africa’s Harare correspondent Simon Muchemwa
reported Tuesday that
the notes are circulating across the city.
“The
notes have flooded the city. People are being duped, particularly
omnibus
drivers and vendors and anywhere where it is very busy. This is a
scam to
get as much change as possible from the fake notes,” Muchemwa
said.
Muchemwa explained that since the adoption of the US dollar in
Zimbabwe,
fake US$100 notes have often been in circulation, to the point
that many
shop owners and vendors stopped accepting the higher value bills.
He said
that the syndicates behind the production of the fake notes have now
changed
their tactics, by reproducing lower value notes.
“Now there
are fake ten and twenty dollars and even as low as five dollars,”
Muchemwa
said.
He added that some police officials are behind the success of the
fake cash
ring.
“The people in this syndicate who have been making
these fake notes have
been repeatedly arrested and then let off. It appears
that some police
members are protecting these people to make money,”
Muchemwa said.
http://www.swradioafrica.com
By Alex
Bell
28 August 2012
Lawyers in the Southern African Development
Community (SADC) have stated
that they will not support the regional human
rights court, if proposed
changes that limit its mandate are
made.
The Tribunal remains suspended, almost two years after SADC leaders
resolved
to review its role and functions, in a move slammed as a serious
blow to the
rule of law and respect for human rights in Southern
Africa.
The decision followed the Zimbabwe government’s refusal to honour
the
Tribunal’s orders, because of the 2008 ruling that the land grab
campaign
was unlawful. But instead of taking the ZANU PF administration to
task for
its contempt of court, SADC leaders chose to suspend the Tribunal
for a
review.
An independent review last year, agreed to by SADC,
said that the Tribunal
did have jurisdiction within the region and that its
rulings were binding.
But SADC leaders dismissed this review and upheld the
court’s suspension.
Regional justice ministers have now proposed several
changes to the court’s
core functions, including a limited human rights
mandate, before it is
allowed to resume sitting. It is now feared these
changes will be adopted
after SADC leaders at a recent summit in Mozambique
resolved to change the
protocol that dictates the Tribunal’s role in the
region.
The SADC Lawyers Association has slammed this move, and said it
will not
support the court if it is hobbled in such a way. The Association
took this
decision at its just ended Annual General Meeting, where the
outgoing
President, Thoba Poyo-Dlwati, warned that human rights and the rule
of law
are under threat in the region.
Poyo-Dlwati told SW Radio
Africa on Tuesday that “the proposed changes will
simply weaken the Tribunal
and make it nothing more than a building and a
name.”
“This will have
a very negative effect on SADC citizens because they will
have no legal
recourse outside of their countries if the judicial systems in
their
countries fail them,” Poyo-Dlwati said.
She added: “We have stated very
clearly that we would not want to be
associated with a court that does not
honour the human rights of its
citizens.”
Poyo-Dlwati also said that
the blame for the Tribunal’s suspension cannot be
put only on Zimbabwe,
because it was a decision made by all leaders in SADC.
“I would blame it
on our leaders who appear to be afraid of what would
happen if the court was
allowed to function in its full mandate. They appear
afraid that what
happened to Zimbabwe in the court could also happen to
them,” Poyo-Dlwati
said.
You can read the full communiqué from the SADC Lawyers Association
here:
http://www.osisa.org/sites/default/files/communique_of_the_2012_sadc_lawyers_agm_and_conference.pdf
http://www.thestandard.co.zw
August 28, 2012 in
Politics
Ezulwini (Swaziland) — The Southern African Development
Community Law
Association (Sadcla) has blamed Zimbabwe for the collapse of
the Sadc
Tribunal following the regional grouping’s summit in Maputo,
Mozambique
recently.Report by Nevanji Madanhire
The summit
extended the suspension of the Tribunal in place since 2008 when
Zimbabwe
refused to abide by its rulings. The Maputo summit also proposed
that the
Tribunal’s jurisdiction be limited only to interstate disputes.
Speaking at
the official opening of the Sadcla annual general meeting here
on Friday,
outgoing president of the Regional Lawyers Association Thoba
Poyo-Dlwati
said the suspension of the Tribunal and the proposed narrowing
of its
mandate to only addressing interstate issues was “a clear indication
that
our leaders are concerned more with protecting their turf than with the
rights of the citizens”.
“This is the clearest case in the region of the
undermining of the rule of
law and independence of the judiciary especially
if we consider that the
suspension of the Tribunal in the first place was
motivated by Zimbabwe’s
refusal to abide by the judgements of the Tribunal
and respect the
independence of the judiciary,” she said.
The
suspension of the Tribunal was motivated by Zimbabwe’s refusal to abide
by
the judgements of the court when former white commercial farmers who had
their land acquired and redistributed to blacks by the State without
recourse took their case to the Sadc body which ruled in their
favour.
The Zimbabwe government argued that the land reform programme
was meant to
redress historical imbalances and therefore could not be
adjudicated over by
the Tribunal. The government refused to abide by the
ruling causing the
suspension of one of Sadc’s most important
agencies.
The law association distanced itself from the summit’s decision,
describing
the proposed new body as “sham”.
“The proposed nature
of the Tribunal that hears only interstate disputes is
unheard of in this
day and age when other regions are fighting hard to
involve citizens and
ensure that the rights of citizens are protected,”
Poyo-Dlwati
said.
She said it was unlikely that the heads of state and government
would take
each other to the Tribunal, rendering the institution only a
court in name
and building as no cases would be heard there. She said the
proposed
Tribunal could therefore not be seen as a legitimate and effective
institution.
“As lawyers, and I am sure many other citizens of Sadc, we
therefore reject
the proposed Tribunal and wish to state categorically that
we will not be
part of that sham institution.”
’Land reform
was discriminatory’
The Tribunal ruled that Zimbabwe’s land
reform programme was
unconstitutional since it discriminated against the
white farmers on the
grounds of race and therefore the farmers should have
their properties
restored to them.
http://www.hrw.org
Police Harass Activists With Threats, Raids, Beatings, and
Arrests
AUGUST 27, 2012
(Nairobi) - The Zimbabwean government
should immediately stop persecuting
members of Gays and Lesbians of Zimbabwe
(GALZ), Human Rights Watch said
today in a letter to Prime Minister Morgan
Tsvangirai and President Robert
Mugabe.
On August 20, 2012, police
officers entered and occupied the offices of GALZ
in Harare for six hours,
producing a warrant only after the GALZ lawyers
demanded it. They
confiscated documents, advocacy materials, and computers.
GALZ advocates for
the rights of lesbian, gay, bisexual, and transgender
(LGBT) people in
Zimbabwe.
“This latest police raid on the country’s leading LGBT group
shows the
government’s intolerance of the rights of Zimbabwe’s sexual and
gender
minorities,” said Monica Tabengwa, LGBT researcher at Human Rights
Watch.
“By intimidating and harassing members of GALZ, the authorities are
violating their rights to freedom of expression and association.”
In
the past decade, Zimbabwean authorities have intensified attacks against
members of GALZ including intimidation, arbitrary arrests, and beatings.
Mugabe, in office since 1980, has been at the forefront of anti-gay
harassment, repeatedly using his office to insult and denigrate gay and
lesbian Zimbabweans. He has vowed not to allow the inclusion of LGBT rights
in Zimbabwe’s new constitution, which is being drafted.
The August 20
incursion was the second raid on GALZ this month. On August
11, police
raided the group’s office without a warrant after the group
issued its 2011
LGBTI Rights Violations Report and a briefing on the draft
constitution.
During the raid, police briefly detained 44 GALZ members,
assaulting them
with batons, slaps, and punches. A number of injured members
needed medical
treatment. Police took the names and addresses of all 44
members before
releasing them without charge. The following week, police
went to some of
the members’ homes and took them to police headquarters for
further
questioning.
In May 2010, police arrested two GALZ staff members on
spurious charges,
including “insulting the president,” after the group
displayed a letter from
the mayor of San Francisco criticizing Mugabe for
being homophobic. Police
assaulted the two and detained them for six days,
pressing them to provide a
list of GALZ members. Both were acquitted six
months later. One has since
fled the country out of concern for her
safety.
In July 2012, the police summoned the director of GALZ to confirm
that they
were continuing to pursue the “insulting the president” charge
because the
letter is still on display. Under section 33 of the Criminal Law
(Codification and Reform) Act, it is an offense to insult the president or
bring the office of the president into disrepute. Police said they would
prosecute the GALZ director for displaying the letter unless GALZ
volunteered the name of another member who would take liability for this
action.
The government’s actions against GALZ are contrary to basic
rights in both
Zimbabwe’s existing constitution and the draft constitution
under review.
They violate Zimbabwe’s obligations under the African Charter
on Human and
Peoples’ Rights and the International Covenant on Civil and
Political
Rights, which guarantee the rights to non-discrimination, liberty
and
security of the person and privacy, freedom of expression and thought,
and
association and peaceful assembly.
Prime Minister Tsvangirai and
Mugabe should honor the coalition government’s
Global Political Agreement to
allow all Zimbabweans to participate freely in
all national processes, Human
Rights Watch said. They should ensure that the
review of the constitution
results in a document that is tolerant and
promotes equality and human
rights for all without regard to sexual
orientation or gender
identity.
“The government and people of Zimbabwe should consider the
ongoing
constitutional review a critically important opportunity to embrace
and
promote the human rights of all, including on the basis of sexual
orientation and gender identity,” Tabengwa said.
Being provided only with home-made sandals cobbled from worn-out tyres and canvas aprons for their protection razor-sharp tea stumps slash their legs as tea plantations exploit their determination to get an education through an ill-defined Earn and Learn programme at four Tanganda Tea Company run and Zimbabwe Government recognised schools in Chipinge. Avontuur, Ratelshoek, Zona and Jersey schools have a combined enrolment of over 1 000 pupils and the tea the children pick dominate the Zimbabwe’s local and export markets. Heavily scared legs always give them away. Denied to be children – their blood irrigate the fields and their labours sustain profits. Sadly its children who value and are committed to get an education who are being exploited in what he called government supported ‘labour cartels,’ an employee who spoke on condition of anonymity for fear of victimisation said. With the work schedule, he added, its only exceptionally gifted children who make it which is then construed to mean the system is being beneficial and safe.
The system was initially designed for adults pursuing an education they had been denied as children, acting Manicaland Provincial Education Director, Andrew Chigumira said. Today though, children as young as 12 are enrolled in Earn and Learn programmes as it starts at 6th grade. Priorities are clear here – the children school five days but labour six each week. While the normal school calendar is followed, at work they only rest 2 weeks in a year to exclude 3 days during Christmas time. During academic holidays, as if to make up for lost time, they labour for the whole day. Rising at 0430 hours they are only retired for bed at 2130 hours each schooling day. In summer they slave uninterrupted for six hours before school each day. They then attend class for another six hours before a further two-hour compulsory study. In winter, they start school while it is yet dark – 0530 hours and are released at noon for lunch before work which starts at 1300 till 1730 hours. The ‘subsidised fees’ are $5 for tuition, accommodation $3 and food $3 a month but they work for a dollar for every 60 kilograms of 2 leaves and bud of tea. They are given the difference after deductions from their earnings. The most proficient children pick up to 200 kilograms per day but stretching to such limits comes at the expense of their ability to concentrate in class.
While some children are pushed into the exploitative schooling engagements by necessity as a debilitating HIV epidemic and extreme poverty interact viciously. Others however risk early arthritis, poor bone development and will have to pay for it over their lifetime through loss of health, education and other opportunities because their families appear to see it as a viable alternative said interviewed employees. Ironically, these estates pay for its senior managers’ children fees at expensive schools, even outside the country, one employee said. After up to six years of picking tea from the 6th grade to Zimbabwe’s most important academic huddle – Ordinary level most are failing. “By the time some children sit for their exams they would have long lost hope and would be in it for whatever money they can make,” he said. From the 2010 school rankings of the 280 secondary schools in Manicaland Province based on their ordinary level academic performances the best school among them was Avontuur ranked 68th with a 17,2% pass rate, followed by 105 placed Jersey with a 15% pass rate, Ratelshoek coming at 146th with 10% then finally Zona at 218 with a 5% pass rate. Students who slept in class always presented a dilemma for a former Ratelshoek relief teacher as waking them would appear insensitive but failing to do so mean they lose on the objects of their labours. Noting that ‘depending on the age of the child the work may be strenuous’ Chigumira concedes that children offer tea estates cheaper labour as there are limited if any financial overheads in mandatory statutory social security or insurance. Lower production costs keep the product cheaper and competitive on the market. Children gifted in sport are doomed in these systems.
This is also an area the acting Provincial Director feels will need to be raised with the schools. Many children however are routinely forced out of school due to nagging health problems, say interviewed adult workmates and former students something Chigumira professed ignorance of. Rumbidzai Sigauke picked tea and learnt at Jersey from grade 6 to form 2 dropping out due to a deep ankle wound that refused to heal. Among her 3 mothers she was the 8th among their 24 children but the 1st born with her mother. All her siblings attended Jersey primary school lower grades only 7 enrolled into the Earn and Learn programme in 6th grade with only 2 managing to reach form 4 the other 5 dropping out due to injury. Uneducated, she now scavenges for menial work across Mutare’s high density suburb of Dangamvura. Johanna on the other hand was forced onto the estate by orphan hood. She was enrolled at the school for a full 4 school terms. Johanna’s father passed on before her 5th birthday living 3 children. By age 13, her mother had remarried and had 2 more children. She faced having to drop out of school after 7th grade but refused the option. An uneducated life was going to be too expensive for her, she said. Determined, she had to trade her childhood for the opportunity. At 13 she journeyed 250 kilometres alone from Mutare to Jersey High School.
While her mother objected to the idea, she said, she still handed her the bus fare she asked for. She had heard about the school from a friend who had been sent to Zona. Armed only with sketchy directions and the school’s recruitment procedure she got lost in the vast estate but managed to run into the Estate Manager who took her to the school headmaster. While she was turned down promptly she had to lie that she had no return bus fare. “The Headmaster took me to the Matron to find me some accommodation while he tried to organise for the school to give me some bus fare,” she said. 3 days later, she was informed she had secured a place. Entering into such a contract with the child is an acceptable norm, said locals. The picturesque views of tea estates are breathtakingly beautiful making the work surprisingly dangerous, she said. You would see snakes, she said, with a number of her colleagues snipping some green mambas by mistake and only seeing them writhing headless or entangled on their shears after which some would quit due to shock or a phobia of snakes. Wounds often force some to drop out, she said. “If you happen even to get a scratch it would grow as you would expose it to dewdrops every morning and dirt so some wounds become septic and grow taking long to heal,” she added.
The weight of tea in wire and sack baskets strapped to the back and inadequate sleep have others vomiting blood and complaining of chest pains which finally also forced her back home. Other risks, she told Newstime Africa, included ants, a green spiky insect that could trigger rushes throughout your body once you make contact or other skin irritating climber plants. Working along the Zimbabwe and Mozambique landmine riddled border there is also the risk of land mines just on the edge of some of the fields. “In my last term at the school a certain boy almost stepped on a landmine,” she claimed. A nurse at a clinic close to one of the estates said she was shocked one day to see and attempt to treat a deep septic wound on a form one pupil who worked and learnt at one of the schools who had gone home to recuperate and seek medical attention. “The boy looked really small at first I thought he could have been 11 years old or younger. He was 14,” she told Newstime Africa. Poorly prepared relish has also meant teachers’ wives scavenge off the children’s earnings by selling them properly prepared relish, Johanna said. According to a 2010 UN Children’s Fund (UNICEF) report, 13 percent of Zimbabwean children are engaged in child labour which is illegal as the country is a member of the International Labour Organization (ILO) and its Labour Act prohibits employers from hiring a person under 18 to perform hazardous work. The Children’s Act also makes it an offence to exploit children through employment.
A 2011 US Department of Labour report on the worst forms of child labour found that these laws were poorly enforced by inspectors who had no special training or resources to address the issue. The report notes that “to date, there have been no investigations or arrests in Zimbabwe for violations related to child labour.” Another study of child labour in Zimbabwe conducted by the Ministry of Labour together with international and local partners including ILO and UNICEF, released in June 2011, concluded that “the prevalence of the worst forms of child labour is on the rise and cause for concern.” The report identified poverty as the main driver of children being employed, along with “the breakdown of the family unit due to HIV and AIDS, as well as the inadequacy of the social services delivery system.” Conditions for children working on farms were “particularly difficult”, according to the report, as children were often exposed to bad weather, dangerous chemicals and the use of heavy machinery. Paurina Mupariwa, the labour and social welfare minister, was recently quoted by IRIN as claiming that the government had “a cocktail of interventions to address the problem”, including programmes such as the Basic Education Assistance Module (BEAM), which aims to keep children in school by assisting poor families with school and examination fees. “It is clear that one of the major reasons why children are forced to go and work as labourers is the inability of their parents or guardians to pay school fees,” she said. Quoted in the same article, John Robertson, a Harare-based economic consultant, said Zimbabwe’s protracted economic crisis had hamstrung the government’s capacity to combat child labour.
© 2012, Bernard Chiketo. All rights reserved. Newstime Africa content cannot be reproduced in any form – electronic or print – without prior consent of the Publishers. Copyright infringement will be pursued and perpetrators prosecuted.
Aug 28, 1:35 PM EDT
Associated Press
HARARE, Zimbabwe (AP) -- The United
Nations food agency says hunger is
worsening in Zimbabwe after erratic
rains, shortages of seeds and fertilizer
and "poor agricultural practices"
in the troubled economy led to a reduction
in fields planted with the main
staple foods.
The World Food Program said cereal harvests in the current
season were down
by an estimated one third compared to last year. It said
about 1.1 million
rural people will need food aid up to December, rising to
1.6 million in the
traditionally "lean months" to March.
The agency's
latest bulletin Tuesday said $119 million is needed for
upcoming food
assistance but so far only $32 million has been pledged by
financial
institutions and donors for food imports. WFP said food shortfalls
are
becoming especially critical in arid southern Zimbabwe.
With up to a quarter of Zimbabwe’s population believed to suffer from HIV/Aids, a new documentary explores the devastating effect the disease has on the country’s sex trade, often with sex workers completely aware of the risks.
For Immediate Release
United Kingdom–It’s a stark but astonishingly true fact – that at some point every Zimbabwean prostitute has faced the possibility of dying from Aids. Now, a new documentary exposes the hidden truths of the country’s sex trade, with some life-changing revelations to match.
ChauyaChauya: A Risky Life, delves deep into the depths of human condition. The Film is a study into the darkness of poverty and how it pushes some mothers to sell their bodies to feed their children; risking their lives, partners and clientele in the process. It is the story of thousands of women working on the Aids-infested streets of Zimbabwe, camouflaged by the darkness of the night.
The documentary also exposes the social factors that feed its sex trade. From high unemployment rates, soaring numbers of single Mothers taking up prostitution in a society without welfare systems - ChauyaChauya showcases a troubled country that’s its own worst enemy.
“Why should I change if I find out I have got Aids? I will continue” Said Maude, one of the Prostitutes that appeared in the presentation, when asked will she change her attitude if she finds out she has Aids. Maude’s response is a testament to the growing population of Aids sufferers, now believed to be at around 1.2 million.
The documentary takes its name from ‘ChauyaChauya’, a Zimbabwe phrase for ‘Whatever comes…comes.”
“Poor single mothers are forced to have sex without a condom to feed their children, in a country with 10 to 25% of the population with Aids,” Says A.A.V. Amasi, one of the documentary’s Producers.
Continuing, “They feel hopeless and not in control of their destiny. So, sometimes they make choices that are detrimental to their future health. It’s disturbing how some men would foolishly offer a danger fee to sleep with a Prostitute without a condom. ChauyaChauya: A Risky Life looks at Prostitution and its implications on the women who work on the streets of Zimbabwe.”
The documentary dives deep into the underground culture of the country, directly interviewing sex workers who face a daily struggle of life and death. Different women talk candidly about why they got into the sex industry and how they dream of one day getting out.
“Working on the streets of Zinbabwe can be compared to living on death row, as Aids constantly lurks in the dark, waiting to strike,” Amasi adds.
Produced by Goatface Pictures, a Social Enterprise and Film Company, ChauyaChauya: A Risky Lifeis poised to become a must-see sixty nine minute film directed by A.A.V Amasi.
While exposing the dark and honest truths about the sex trade in Zimbabwe, the documentary also breathes hope. Goatfame Pictures will use a portion of the film’s proceeds to assist girls working the Zimbabwe streets to acquire new skills to provide new horizons and a better life.
For more information, please visit the film’s official website: http://www.chauya-chauya.com
Its progress can also be followed on Facebook: http:/www.facebook.com/ariskylife
Transparency
International Zimbabwe (TI-Z)
96 Central Avenue,
Harare, Zimbabwe
E-mail: munyaradzi@transparency.org.zw
Tel:
+263-4-793246-7or 793277
Cell:
+263 777 782
651
Skype:
munyaradzi-t
Twitter: @transparencyzim
http://www.thezimbabwean.co.uk
I need to emphasise in the strongest possible way
that our salvation, our
future, our nation is in our hands. What we, the
people, do now, our
children and grandchildren will reap the results. They
will either hold us
in contempt or with great pride. The plunder of our
resources for personal
gain across the board with unbelievable corruption
and destruction is an
outrage. We can all see
it.
28.08.12
04:19pm
We all know it is going on—many are part
of it, from top to bottom. Many
will say they do it to “survive”. Many do it
through greed. Regardless of
how it is done, it is not acceptable and there
is no excuse. We all know the
difference between right and wrong. You cannot
build a nation and future
when all the resources and revenue that should be
benefiting the people and
the nation are going into the pockets of fat cats,
foreigners and greedy
pigs. Extortion is extortion; it is a
crime.
Protection is also a crime. Getting into bed with ZANU chefs who
are
mortgaging our future for thirty pieces of silver is wrong, wrong,
wrong. It
is appeasement and we all know there is never enough once you get
into bed
with an insatiable animal. Expect to catch a disease and die. We
are
responsible for choosing our leaders and the leaders must be accountable
to
the people. We need to get away from the “chef, chef” mentality. Read our
party constitution.
We are accountable to the people, we can only
make collective decisions that
resonate with what they want. We created that
constitution together, we set
the principles and values which the MDC must
stand by—and it is our fault if
we allow those values and principles to be
hijacked for appeasement of a
regime that has totally destroyed our
wonderful country. It is an
illegitimate regime that has enriched itself on
the back of the MDC. It is a
regime that is claiming normality, claiming
that there are wonderful
conditions for investment.
But there is a
big ‘PS’ here. You will only get your hands on loot if you
are grasp dirty
hands, if you join the filthy elite. The appeasers and the
greedy, who say
they want freedom but have to deal with ZANU to survive,
they are ignoring
reality. The more you enrich the chefs, the harder it is
to remove them, the
less they will want to go—and the more they beat,
bludgeon and suppress to
remain in power. We, the people, need to organise.
We need to structure
down to the last plastic shack in the cities and the
last grass hut in the
country. We need to communicate. We have the power, we
control the ‘X’ on
the ballot paper. We in the diaspora slave and slog to
send monies home to
keep our families going and to feed the monster that
exploits us. Let’s tell
our relatives across the board in CIO, in the
military, in the police, in
the prisons, everywhere: REGAI KUSHANDISWA. STOP
BEING USED. To all and
sundry stand firm.
YEKELANI UKUSETSHENZISWA, MANINI LIQINE. TANHETA NGATI
MIRE MIRE ZVAKWANA.
SINDIWE KODWA ASIMENI NGOKUNJALO. Please my countrymen
and women, my
brothers and sisters, let’s stand firm, let’s be involved,
let’s know we are
in charge and responsible for who leads us and for the
future of our country
and the generations to come. Let’s all do something.
Let’s do whatever we
can to make change, to get rid of the evil, corrupt,
murderous regime. Let’s
be proud once again and own the process. Let’s start
afresh with a New
Zimbabwe, a New Beginning!"
http://www.politicsweb.co.za
Vince Musewe
28 August 2012
Vince Musewe says country
stopped investing in new generation capacity in
1984
Zimbabwe energy
crisis: African solutions to an African problem?
Government has a
reputation of structuring policy around individuals and no
wonder why for 28
years, we have had free riders in the energy ministry.
A couple of weeks
back, the Minister of Energy, Elton Mangoma, informed us
on what he is doing
to fix the energy crisis in Zimbabwe. I have studied his
speech and must
comment on it especially on his short term solutions.
I note that it is
since 1984, that Zimbabwe stopped investing in new
generation capacity in
the energy sector. That was only 4 years after
independence meaning that for
28 years, no body anticipated that the system
would someday break down or be
inadequate to meet our needs. This means that
for 28 years, even though we
have had a minister occupying the energy
portfolio, he has been getting paid
for doing nothing. Well there is no
revelation in that statement.
Now
hear this, the Hwange power station has been operating much below
capacity
(between 300 and 500MW) out of a potential capacity of 900MW. Those
responsible for fixing the problem forgot to fix ancillary machinery while
focusing on the rotor and now that the rotor is fixed, they must still
attend to the ancillary equipment. As a result we still have low capacity
utilization of the power station.
Clearly we have had serious
mismanagement from all those involved including
ZESA. The minister alludes
to this fact whether ZESA is likely be an
acceptable partner in the
purchasing of solar generated power from
independent power producers. In my
opinion, the old model with ZESA in the
middle has caused so much pain for
everyone and its time we came up with
innovative and more efficient
distribution model especially for solar power
generation and distribution.
In my view restructuring and chunking ZESA, as
the minister announced, will
not change the nature of the beast. It merely
means we will have more egos
involved more perks to pay and more jobs for
pals.
On the issue of
solar panels for homes, I think that it is a good idea to
ensure that these
are affordable. I do think however, that we continue to
seriously under rate
the solar power solution. We need to be more aggressive
in the use of solar
power both for residential and industrial use.
For example, the ministry
of energy can put in an incentive for homes to
convert. For example, write
off an agreed cost of a home solar power system
against any debt owed to
ZESA or provide a subsidy? We could also make it
law that any new
residential developments must have solar water heating
systems as water
heating is a significant cost. Where possible, we must
encourage homes to be
completely off grid thus reducing the demand at all
times and not just
during the day as the minister suggests.
In the case of companies, they
can invest in solar power plants and be able
to, for example, get tax
benefits for doing so or sell that power back to
the grid.
On the
issue if locally manufactured solar lamps for US$10, which is
commendable
because I have seen some imported lamps being sold for US$ 40!
There has
been significant profiteering in this sector and we need to
intervene and
save the poor from unscrupulous suppliers. We must encourage
local
manufacture of these and create jobs as the minister intends.
Prepaid
meters result in energy saving while improving cash flow for power
suppliers. Al though they are not that easy to manage for those that are
unable to budget and do not have consistent income, which is the case for
most Zimbabweans, they remove doubt and suspicions as long as the company
that manages them is a credible one. Minister, why did we have to include
foreign companies in this process? Surely there are enough qualified
Zimbabweans who can run prepaid meter platforms?
There is still some
education necessary when it comes to domestic use of
gas. I noted that those
in the townships re reverting to paraffin which is
sad development. Again
here I see that a Zambian has been appointed to
assist us? There are
millions of qualified Zimbabwean engineers in the
Diaspora who can surely do
the research and come up with the necessary
solutions.
Overall I
think the minister has done his home work but it is very important
that we
find quick short term solutions and he cannot do this on his own
without
users contributing to save energy.
The fundamental challenge we face is
that of information and awareness
within our communities on the importance
of energy to our well being as a
country. Energy saving must be a community
driven campaign and I see nothing
on that front in the ministers
plans.
Last but not least is the use of CFLs' in Zimbabwe. I am led to
believe that
these contain mercury and are harmful to the environment. LED
lighting is
the new way and shouldn't we go that route now to avoid
unnecessary future
costs?
I do hope that in the event that if the
minister is promoted in the future,
we do get some continuity in policy on
whoever takes over. Government has a
reputation of structuring policy around
individuals and no wonder why for 28
years we have had free riders in the
ministry.
Vince Musewe is an independent economist currently in Harare
and you may
contact him on vtmusewe@gmail.com
http://www.mdc.co.zw
Tuesday, 28
August 2012
Introduction
I wish to welcome you to this edition of the Prime
Minister’s Monthly Press
briefing.
Firstly, I want to say that our
country remains on a path towards political
and economic stability. Despite
our political differences, it is imperative
that this inclusive government
lays the basis for political stability by
addressing those reforms that will
lead to free and fair elections and
ultimately, to a legitimate
government.
I also wish to state that as Prime Minister of Zimbabwe, I
have had working
visits to China, Japan, Australia and New Zealand and have
been heartened by
the renewed confidence in our country. Currently, there is
a business
delegation from Japan following my recent visit to that country
and such
visits by prospective investors show that we remain a country with
great
potential to do business with the world again.
I have also had
the occasion to visit several African countries recently,
including the
recent SADC summit in Maputo where I was invited as the leader
of the
MDC.
I can tell you with confidence that my interactions with SADC Heads
of State
and government have shown me that our brothers and sisters in
Africa are
full of hope on the prospects for peace, stability and economic
development
in our country.
After all, Africa, and in particular the
SADC region, has invested a lot of
time in helping us to find each other. As
we reach the delicate stage of
this transition, it is important that we
retain the confidence of our
brothers and sisters to show these stakeholders
that on our part as a
government, we remain committed to holding free and
fair elections.
Economic Outlook
Our major concern has been dwindling
revenue inflows and this has affected
government’s capacity to deliver on
its primary functions. While we have
succeeded in achieving economic
stability, the new challenge is to grow the
economy and this can only happen
with FDI.
In the past three years, we have had two major investments in
the country,
notably Essar and the Chisumbanje ethanol project.
The
Essar project has to proceed and the debate over mining concessions
should
now be a thing of the past. As government, we signed up to the deal
and all
we expect now is for work to resume at Essar.
On Chisumbanje, government
has just dispatched an inter-ministerial
committee and we await their
feedback. We have to balance between the need
to protect such a major
investment and the concerns of the displaced
communities. The future is in
ethanol but we are expecting feedback on the
situation on the ground from
the committee that was headed by Deputy Prime
Minister Professor Arthur
Mutambara so that we determine the way forward.
Any act that affects
existing investments will have an impact on prospective
investment in the
country. As we speak, there have been disturbances in the
Save Valley
Conservancy and this sends the wrong message at a time when we
are preparing
to host the UNWTO next year.
To this end, I will be having a meeting with
Environment and Natural
Resources Hon Francis Nhema to discuss this
issue.
The Inclusive Government
This government continues to lurch
along. It remains mired in the usual
policy discord which is likely to
worsen as we trudge towards the next
election.
I firmly believe that
even as we brace for political contestation in the
next election, we cannot
afford to abdicate our responsibility as an
inclusive government whose
mandate is to serve the people of Zimbabwe.
We owe the people of this
country leadership and we must continue to provide
service and to create the
environment for people to go about their daily
business.
We have our
own shortcomings in many sectors, but it is also true that there
has been a
marked improvement in service delivery especially in the fields
of health
and education since the formation of this government. I admit that
we have
our own challenges especially as we try to grapple with the outbreak
of
typhoid, but there has been commendable work in many spheres.
The
Constitution
Perhaps the most important debate in the country is about the
Constitution.
I want to make it clear that neither the Principals nor the
political
parties have any veto power over the Constitution.
Article
6 of the GPA is clear that the Constitution-making process should be
driven
by Parliament. Some of us have no wish to revise that position and in
any
case, the Principals cannot renegotiate a document agreed by those with
our
delegated authority.
We cannot negotiate in perpetuity. This Constitution
is a product of years
of hard work which included sourcing the views of the
people and
negotiations between the political parties. So we say no to any
attempts to
dedicate more time in a process where the country has already
committed huge
resources and time.
It is time the people made a
decision through a referendum and political
parties should refrain from
pretending to speak on behalf of the people when
the people reserve the
right to speak for themselves in a referendum.
This draft is a product of
careful and painstaking negotiations on a
give-and-take basis.
In
this referendum, every party should reserve the right to campaign for or
against this Constitution because it is high time we gave the people of
Zimbabwe the right to make a determination on this important national
process.
The new draft by our friends in this government is not an
amendment to the
draft, but a completely new document which is at variance
which what the
people said. For example, the people were clear on the need
for a devolved
State but our friends have completely removed any mention of
devolution in
their new document.
So let’s take the draft
Constitution to the people who are the real
Principals in this matter. The
Principals to the GPA cannot substitute the
sovereign people of Zimbabwe to
determine how they should be governed. Let
the people of Zimbabwe in a
referendum be the final arbiters, not three
individuals.
A new
Constitution is central to elections and to the reform agenda in
Zimbabwe
and if this process is collapsed, it will spell doom to the
prospects for a
credible, free and fair election
Reforms
There has been a slight
movement on electoral reform but the pace has been
disappointing in respect
of other reforms such as media which is key to a
free and fair election. We
agreed way back on a raft of media reforms that
include the appointment of
new boards to run State media operations. To date
this has not
happened.
As of now, the State media continues to divide this government
by adopting a
malicious and partisan approach against myself and my party.
In short,
continuing to act as propaganda mouthpieces of Zanu PF. Clearly,
this is a
major hurdle that has to be dealt with before the next
election.
At the recent SADC summit, we were advised to put in place a
cabinet
committee on implementation and I hope that we will, as a
government,
succeed in implementing what we agreed and media reform is key
if this
country is to have some semblance of a free and fair
election.
Way Forward
The way forward is a free and fair election but
only predicated by a process
which includes a new Constitution and the
implementation of those reforms
that will result in a credible
poll.
We will not take part in anything other than a fair election.
Anything else
is a circus. The lesson of 2008 is that Zimbabwe cannot afford
anything
other than a credible and legitimate election that conforms to
SADC’s own
conditions on the conduct of elections.We cannot afford anything
less than
that.
I thank you
My Voice is in. My Vote is
YES
By Clifford Chitupa Mashiri,
28th August 2012.
Given that the Diaspora Vote is not provided for in
Copac drafts backed by
the MDC formations and Zanu-pf, could the National
Consultative Assembly
(NCA) be the Diaspora’s last hope?
That hope
has heightened after SADC facilitator on the Zimbabwe crisis,
South African
President Jacob Zuma reportedly suggested resolving the
current impasse on
the draft constitution by testing both the Copac draft
(endorsed by the MDC
formations) and the one amended by Zanu-pf in a
referendum.
While
that makes a lot of sense, the only problem is that neither of the
rival
drafts provide for the right of exiled Zimbabweans to vote in
forthcoming
elections.
Curiously, the Copac draft being promoted by the MDC
formations does not
allow exiled Zimbabweans to vote in future elections and
referendums,
despite those parties being popular abroad. As for Zanu-pf, it
disenfranchised about 3 million people mainly because of racism against
whites after the 2000 referendum went against its wishes.
With the
reported resuscitation of Zanu-pf terror bases, no prizes for
guessing why
Zanu-pf is opposed to the Diaspora Vote, since its Green
Bombers cannot
intimidate people in London, Sydney, Johannesburg, Ottawa, or
Washington as
it does in Masvingo, Mutare, Bindura, or Bulawayo.
It is also worth
noting that Zanu-pf is opposed to alternative constitutions
in the
referendum because it could end up being a “referendum on Mugabe and
the
party” instead of a plebiscite on the draft constitution (Zimbabwe
Independent, Mugabe in panic mode, 26/08/12).
But going by the
changes Zanu-pf has reportedly made to the Copac draft, it
is not surprising
why they desperately want the principals to rubber-stamp
their changes and
to have only one charter put to a referendum. The answer
lies in skilful
manipulation.
As of now, who is and who is not a principal is very
controversial except
for Tsvangirai and Mugabe. Beyond that, it is all
fireworks.
Zanu-pf is confident to get what it wants through the
principals than
negotiation or a people drivenmechanism. That is why it is
patiently waiting
for Mugabe’s return from Iran to persuade the principals
to adopt
(rubber-stamp) his party’s draft.
Among things removed by
Zanu-pf from the Copac draft are dual citizenship,
devolution, presidential
running mates, Peace and Reconciliation Commission,
constitutional court and
introduced mandatory national youth service
(Newsday, Details of
Zanu-pf,
Since the National Consultative Assembly (NCA) has its own
alternative
constitution which I am sure provides for all the human rights
including the
Diaspora Vote, it would made sense if the NCA draft was also
put to the
referendum alongside those of the GPA parties. Obviously that
would not be
uncontested since it’s not in the GPA. The positive thing about
that
suggestion is that at least there would be something for NCA members
to
vote for rather than a ‘NO’ vote as initially
planned.
Furthermore, the NCA alternative constitution would hopefully be
more
inclusive and not racist by recognising that 3-4 million Zimbabweans
with
roots back home should have a right to decide who should rule Zimbabwe
regardless of colour or political affiliation.
There is a big
possibility of Zimbabwe reverting to the current (Lancaster
House)
Constitution, unless the impasse is resolved one way or another,
sooner
rather than later.
Although, there is confusion within Zanu-pf ranks,
indications are that the
former ruling party will “seek asylum” in the
former colonial charter!
Asked what happens now that its amendments to
the draft constitution had
been rejected by the MDC formations, Zanu-pf
spokesperson, Rugare Gumbo was
quoted on the NewZimbabwe.com website on 23rd
August 2012, as saying:
“But if it (Zanu-pf) is pushed to the corner, we
may consider reverting to
the old (current) Constitution. If that is their
position (MDC formation),
it is fine we are going to take a position on
Saturday.”
Even the Head of State and Politburo had earlier made similar
threats.
Addressing the 88th ordinary session of the Zanu-pf Central
Committee in
Harare in March, party leader Robert Mugabe
vowed:
“Zimbabwe will go for a referendum in May, failure of which it
will revert
to the Lancaster House Constitution and hold elections before
the end of the
year” (Bulawayo24.com, 31/03/12).
Although, May has
since passed, Mugabe’s threat is still worth worrying
about given that he
amended that constitution 19 times just to accommodate
his 32 years’ grip on
power. There is no reason why the NCA and indeed other
organisations should
not submit their alternative constitutions to the
forthcoming
referendum.
Claims that a referendum for more than one constitution would
precipitate
violence are false and unhelpful because everything comes at a
price
including freedom, justice and democracy. A SADC or UN peacekeeping
force
could handle violence.
It is still very mysterious why the MDC
formations are not keen on the
Diaspora Vote despite Zanu-pf’s Justice
Minister Patrick Chinamasa saying
that allowing people in the Diaspora to
vote would be tantamount to handing
over power to the MDCs.
The only
chance left for the Diaspora Vote is an alternative constitution
restoring
that fundamental right. Whether the NCA would be interested or
indifferent
like the GPA parties, it remains to be seen.
Clifford Chitupa Mashiri,
Political Analyst, London,
zimanalysis2009@gmail.com
August 28th, 2012
This morning I woke up after a lousy night’s sleep mostly spent stewing on the implications of Zanu PF’s demands for changes to the negotiated proposed constitution. Last month I thought the constitution situation was depressing enough: no one can pretend that ‘the people’ had anything to do with this final draft constitution, just as ‘the people’ had very little to do with the formation of the GPA after the 2008 elections. In fact, I wonder when ‘the people’ will ever have a say in the country because they seem to be becoming increasingly sidelined as the political process cranks painfully on.
Last month it was the words of Senator Coltart in an open letter he wrote to Ben Freeth that got my head spinning. Acknowledging the weaknesses of the proposed draft, Senator Coltart replied to him
“let me say as publicly and directly as I can that I share your concerns regarding the land provisions and that I have many other deep rooted concerns. I think the land provisions are going to stifle investment in this all important area of our economy. I think they are racially discriminatory and some of these provisions should never be in any modern democratic constitution. One would expect to find them in an apartheid era constitution because they are so blatantly based on race.”
He couldn’t be clearer, and yet he concluded the letter saying
“Whilst I understand your distress and share your objection to a variety of clauses in the constitution I believe that we have no choice but to take this step. [...] I do not think that the constitution is the only means to cross the river, but it is certainly a very important element in getting us to the other side.”
These words drove home to me what a twisted and extraordinary country Zimbabwe has evolved into and I started to view the future in a way I haven’t ever before. Senator Coltart’s human rights credentials are impressive, and it is these credentials that have presumably propelled him, combined with his desire for change, into politics. For someone like him to reach a point where they feel they have no choice but to encourage a minority group of people to accept and support a law that without any prevarication undermines their human rights seems to me to be an unthinkable and very sad point for us all to reach.
Senator Coltart’s use of the word ‘apartheid’ is especially resonant in our part of the world. Imagine exactly that: imagine this same document being presented to a South African population in an apartheid South Africa; imagine asking black people to please accept a law that formally defines them as ‘less equal’ on the basis of their skin colour and argue this is the only way to move forward; imagine this request being made of them in the face of a very uncertain future that has so far been premised on a horrendous political track record that has yielded no real meaningful political change to date.
The difference for many reading this may be that it is unacceptable to ask a majority group to tolerate oppression, but perhaps less serious in their minds to request this of a minority group. But I genuinely believe that the mark of a civilised nation is registered in how they treat the marginalised, the minorities and the people the majority think don’t deserve rights. The easy moral principles don’t count: it’s the tough choices, the ones that really challenge us that matter. ‘Love thy neighbour’ – the Bible should add, ‘even if you hate him’.
I worry about precedent: if we accept this, where does it end?
I have heard the former opposition politicians repeatedly tell Zimbabweans on countless occasions to look to history and take note that dictators all eventually fall on their face and come to an end. I have no doubt at all that the demise of Gadaffi last year will be being presented as another example of this, the inference being that change in Zimbabwe is close, that our dictatorship is also nearing the end of its days. But I’ve yet to see the public will for change manifest itself as publically and thoroughly and as hungrily as it did by those in the Arab Spring. Given that, and given what’s happening now, I have started to wonder if maybe we are actually miles from the end, and instead only just at the very beginning. We’ve had lots of horrendous laws passed before by Zanu PF, but how often have democrats and human rights activists been asked by the former opposition parties to support them?
So where are we now?
I asked my husband, ‘When the Nazis started to pass laws isolating and justifying the seizure of Jewish property, was that not a warning sign that the future to come would be bleak?’ Is this endorsement of discrimination similarly not a warning sign for us all? When the former opposition parties wave the proposed constitution high above their heads and assure us all that this is what is needed to get to the other side, is this not reminiscent of Chamberlain naively holding the Munich Agreement above his head and saying it was evidence of ‘peace in our time’.
It seems to me that by accepting these provisions in this document, white people would be acknowledging a legal position that says that they, their children, their descendents – regardless of whether they are Zimbabwean citizens or not – are less equal to other Zimbabwe citizens based on nothing more than the colour of their skin. How can anyone plan a future for their children in Zimbabwe under these conditions?
The last few weeks have had my head spinning enough, but Zanu PF’s proposed amendments have underscored all my fears with a thick red magic marker. Professor Welshman Ncube is outraged by Zanu PF’s proposed changes, and he summarised the most offensive clauses. These two points jumped out at me:
14. They have made all state institutions subject to the obligation to promote and defend the values of the liberation struggle.
21. They have inserted provisions which require independent commissions and the judiciary as well to promote and to be guided by the ideals and values of the liberation struggle.
I know the MDC parties are objecting to these, so we can assume – for now – that they won’t be written into the constitution. But Zanu PF has already made significant headway by getting the parties to accept discrimination on the land issue. We know what they want to achieve next. Is this a taste of the compromises to come? If not now, but when the MDCs next bang heads with Zanu PF in a few years time and trade rights in fear of more violence?
I am not a lawyer, so can someone please tell me, what does this mean in practice? Is there a document we can refer to that specifically defines what “the ideals and values of the liberation struggle” are to guide the judiciary, state institutions and independent commissions, or is this going to be left up to subjective interpretation?
What happens if it is a white person up against a black person in a court of law, and the judge is a fool given free licence to exercise racism under ‘liberation values’ and not justice? Or what happens if it is an ordinary black person opposing a war veteran, how is ‘justice’ administered then in terms of ‘liberation values’? Or given that the Ndebele citizens were cast as enemies of the state in the 1980s, what happens if it is someone from Matabeleland confronting someone from Mashonaland? Or if it is a ZIPRA war vet in a court of law facing a ZANLA war vet – how does justice in terms of ‘liberation values’ play out then? I suspect I know the answers to all of these questions by virtue of the fact that most of the ‘heroes’ in heroes’ acres are Zanu PF supporters. I read it that ‘liberation values’ means that the demands are designed to ensure that Zimbabwe belongs to Zanu PF and its supporters, not ‘the people’.
Zanu PF’s changes also extend their glut fest of robbery and thievery too. Professor Ncube points out one of their proposed changes:
8. They have redefined agricultural land to include any land used for poultry so that they would be able to take any building used to rear chickens.
I find Zanu PF’s rampant greed revolting, and this inclusion shows how the ‘liberation values’ argument is easily manipulated to suit any personal unjust agenda. They can’t argue that colonialists stole poultry buildings from their ancestors to justify taking them back without compensation, but you can bet this property theft will initially be dressed up as economic empowerment. That’s the line they’re taking now with handing out hunting permits and hunting concessions to 25 senior Zanu PF stalwarts in the Save Valley Conservancy. Zanu PF politicians are presumably being awarded these rights, not because they are black, not because they are poor, but solely because they are Zanu PF, and because this conforms with how we are expected to uphold ‘liberation values’ in Zimbabwe.
I don’t know what’s going to happen next. I suspect Schadenfreude has had a lot to do with how we got to where we are now. I suspect many Zimbabweans and perhaps many Africans have derived a degree of pleasure from the misfortune of white people. It has been good for many to witness whites getting slapped around the face for years. It has been satisfying to witness a form of vengeance on the descendents of those who oppressed their ancestors. I suspect many black people know this is unjust and wrong, but don’t feel any real distress that it has happened: Schadenfreude. Untangling this secret satisfaction from the reality that actually, the most affected by Zimbabwe’s misfortune are the poorest of the poor, seems difficult to achieve.
I get this and I even understand it. But be careful. I believe in my heart and my mind that if we as a nation start to tolerate and accept that there are conditions where some people can be defined as less equal than others, then it’s a slippery slope that can only head one way: downwards into an abyss. If you allow some people to have their rights written away, then you set a precedent to potentially kiss your own goodbye too. We either believe in human rights, or we embark on an endless journey of debate over who is more or less deserving of rights than others.
Zanu PF is extending the narrative further and it’s not just about skin colour anymore, it’s about the murky water of ‘liberation ideals’ and ‘values’. Where do YOU stand in that? Are you sure you’re on the ‘right’ side of ‘liberation values’? Do your ‘ideals’ toe the official line Zanu PF wants written into the constitution?
It is possible that Schadenfreude has cost Zimbabweans and Africans dearly already. Passively watching the slap fest from the sidelines, maybe enjoying it a bit, has resulted in devastating impacts on our economy, the exodus of skilled people to other countries, the disintegration of our education and health, and more. Everyone is a loser (except Zanu PF). And to some degree Schadenfreude has probably cost people in the SADC region their SADC Tribunal: unwilling to take issue with Zanu PF over their policies ruled as racist by the Tribunal has meant that millions of black people have also lost their right to take their human rights cases to this court as well.
I am white. I may not be seen as ‘equal’ to black people in Zimbabwe, but trust me, I am already not alone. When I stand next to an MDC supporter, I stand next to someone who is considered inferior to those who support Zanu PF. Zanu PF would like this written into law. The white-bashing fun has to come to an end at some point – if not simply because there will be no whites left! – and I’d suggest that the next constitution is a critical time to start thinking hard. The question we all need to start asking ourselves is, how much of this is still about ‘land’ and the ‘land issue’ and ‘historical injustices’, and how much is just blatant racism and greed and hatred for those – black or white – who do not think or behave in a Zanu PF conformist fashion.
BILL
WATCH 40/2012
[27th August
2012]
Both Houses of Parliament have adjourned until Tuesday 4th
September
No Date Yet for Ceremonial Opening of Next Session
There has still been no announcement of a date for the official
ceremonial opening of the next Parliamentary session. As only seven days remain before the end of
the present Parliamentary recess on Tuesday 4th September, an announcement
should be made soon.
Any further delay in commencing the new session will make it
difficult for Parliament to keep to the very tight schedule carefully planned for the remainder
of the year – which must accommodate the customary recess of about two weeks to
consider the implications of the President’s Speech, the time-consuming run-up
to the presentation of the Budget in November, Bills to be passed and other
business. Toward the end of the year
there are also customary recesses for
party congresses, etc. which eat into the working time before
Christmas.
At the opening ceremony the President’s Speech will outline
Government’s policy and legislative intentions for whole of the next session of Parliament. This session – the Fifth Session of the
current Seventh Parliament of Zimbabwe – will be the last before the next
elections are held. The Speech should
therefore give an indication of when the draft Constitution, the Referendum and
essential pre-election reforms will take place.
The President’s Speech is essentially a collective Cabinet
presentation, but the President has the final say on content. It is compiled in the President’s Office,
under the supervision of the Chief Secretary to the President and Cabinet, from
contributions submitted by every Ministry.
Well ahead of the anticipated opening date Ministries are called on to
submit their suggested input on their highlights/achievements over the past year
and what they wish to do in the year ahead, including the Bills they want to
take to Parliament.
SADC Facilitation Team Coming
President Zuma’s
facilitation team [Lindiwe Zulu, Charles Ngaqula and Mac Maharaj] is
expected back in Harare for a two-day visit on Tuesday 28th and Wednesday 29th
August to follow up on the resolutions of the SADC Summit in Maputo on 18th August.
Included in the Summit’s resolutions on Zimbabwe was the decision
that “if there are any
difficulties with regard to the Constitution and implementation of agreements,
the Facilitator should be called upon to engage with the parties and assist them
resolve such issues, bearing in mind the timeframes and the
necessity to hold free and fair elections”.
The facilitation
team’s first task will be to assist with the impasse on the Constitution
following ZANU-PF’s presentation of
its own re-draft of the COPAC draft constitution, the outraged refusal by both
MDCs to countenance further constitutional negotiations and the ZANU-PF Politburo’s
re-affirmation of its re-draft at a special meeting a few days ago, on Saturday
25th August.
President Mugabe at NAM Summit in Iran
President Mugabe left Harare on 26th August to attend the Non-Aligned
Movement Summit in Iran. The Summit is scheduled to run until
31st August.
By-Elections
There has still not been a Presidential notice fixing dates for the
three long overdue Matabeleland by-elections in response to the Supreme Court’s
order of 12th July. 31st August was the
deadline given by the Supreme Court for the gazetting of a notice, so if the
President intends to comply with the court’s order, there are only a few days
left in which to do so.
So far, apart from general remarks in Parliament by Minister of
Justice and Legal Affairs Patrick Chinamasa confirming the Government’s respect
for the rule of law and for the courts, there has been no official reaction to
the Supreme Court’s order. If the three Matabeleland by-elections are to be held, in principle
the many other overdue Parliamentary and local authority by-elections, although
not directly affected by the Supreme Court’s order, should also be held.
But, the first priority would seem to be to respect the court order over
the three Matabeleland constituencies – there are only four days left for a
notice to be gazetted calling for these, after which the President will be in
contempt of court.
Status of Bills
[no changes since Bill Watch 39/2012 of 20th
August]
[Bills available from veritas@mango.zw unless otherwise stated]
Passed Bills being prepared for Presidential assent before gazetting
as Acts
Zimbabwe Human Rights Commission Bill
Electoral Amendment Bill
Older Persons Bill
Appropriation (2012) Amendment Bill
Finance Bill
Bill gazetted and awaiting presentation in Parliament
Securities Amendment Bill [Gazetted on 10th August 2012. See
above.]
Bill being printed for gazetting before presentation [not yet available]
Micro-Finance Bill [expected
to be gazetted on 31st August]
Bill approved by Cabinet, but not yet in the Parliamentary Pipeline
Income Tax Bill – mentioned by the Minister of Finance in his
Mid-Year Fiscal Policy Review [not yet
available]
Government Gazette of 24th August
[copies not available]
Statutory Instruments
Collective bargaining agreement SI 138/2012 replaces the
existing provision for monthly levies payable to the Motor Industry National
Employment Council by workers and employers in the
industry.
Customs Agreement with Botswana SI 136/2012 sets out an
agreement between Zimbabwe and Botswana amending the existing agreements of 1956
and 1988. It will come into force on a
date still to be announced, after completion of internal approval processes in
both countries.
Trade Agreement with Namibia SI 137/2012 sets out an
agreement signed in Harare on 28th October 2009. It amends the existing trade agreement
between the parties with effect from 24th August 2012.
General Notices
Government Financial Statements Published with this
Government Gazette are the monthly financial statements for May and June 2012,
and the consolidated statement for the quarter April to
June.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied