By Tererai Karimakwenda
29
August 2012
Zimbabwe’s negotiators to the Global Political Agreement met jointly with the facilitation team representing South Africa’s President Jacob Zuma on Wednesday, for further talks aimed at breaking the deadlock in the constitutional reform process.
ZANU PF is insisting that their amended draft constitution be taken to the All Stakeholders Conference which must be held before Zimbabweans vote in a referendum. The Politburo issued a statement after meeting last weekend, saying their amendments are “final and non-negotiable”.
But the MDC formations have rejected the amended draft and insist enough concessions were made to accommodate ZANU PF in the draft agreed to by their own negotiators.
Zuma’s facilitation team jetted into Harare and met separately with the negotiators on Tuesday, hoping to make some headway in breaking the deadlock. On Wednesday the plan was to meet altogether. Zimbabweans now await the results of these meetings, but no information has been revealed so far.
Addressing journalists at his monthly press briefing Tuesday, Prime Minister Morgan Tsvangirai said that a deadlock was now inevitable and his party would not entertain any amendments to the draft constitution.
MDC-N leader Professor Welshman Ncube agreed with the MDC-T position. Ncube told SW Radio Africa that “there is no chance” his party will concede any more ground to ZANU PF on the draft charter.
Luke Zunga from the Global Zimbabwe Forum said SADC, as the guarantors of the GPA, must decide what happens next and pressure all parties involved to abide by that decision.
“It won’t be easy because SADC has always carried ZANU PF and allowed them to do what they want. Now if they do not pressure them to do what they agreed to, SADC will end up looking like a defeated cow. If the MDCs give in they will resemble that cow as well,” Zunga explained.
Asked whether the MDC formations should stick to the draft charter they signed, which has also been criticized for giving too many concessions to ZANU PF, Zunga said constitutions do not guarantee democratic freedoms or respect for the rule of law.
He added: “I have always said it is never about the constitution. People are being beaten in Zimbabwe, but there is no constitution that says beat people there. And no constitution can guarantee a free and fair election.”
On Tuesday Prime Minister
Tsvangirai told journalists that the Principals had no power to amend the draft
charter signed by the negotiators. He said only parliament has that
authority.
But according to the state controlled Herald newspaper Justice
Minister Patrick Chinamasa, who is also a negotiator for ZANU PF, said the PM
“should know of the need to secure consensus among Principals to determine the
way forward”.
The Crisis Coalition described the current impasse as a test for both SADC and the MDC formations. But it is Zimbabweans, desperate for change, who suffer in the meantime.
http://www.thezimbabwean.co.uk
The Southern African Development Community team
tasked with helping Zimbabwe’s
warring political parties to find a lasting
solution to a long-drawn crisis
is no longer welcome, says Zanu
(PF).
29.08.12
12:15pm
Party spokesperson, Rugare Gumbo, told
The Zimbabwean that Zimbabwe was a
sovereign state capable of deciding its
own destiny, thus Sadc facilitation
was not necessary.
“Sadc
intervention is just unnecessary and I don’t know what they want here.
We
don’t need any intervention on the issue of the constitution and our
position will not change,” said Gumbo. He insisted the constitution must be
concluded by Zimbabweans alone.
“This is our constitution and we
don’t need a third party to conclude it. We
know what we want and that is
what we will endorse at the end of the day,”
said Gumbo.
Zanu (PF)
rejected the final draft constitution that was produced by the
Parliamentary
Select Committee tasked with writing a new people’s charter.
The party
has since produced its own draft which it wants the other
parties—Morgan
Tsvangirai’s MDC-T and Welshman Ncube’s MDC—to endorse. The
Sadc team was
supposed to break the deadlock after the two MDC formations
dug in, saying
they would not renegotiate the draft.
Zanu (PF) was mostly riled by
clauses that whittled down the powers of the
President and made it mandatory
for a presidential candidate to choose two
running mates.
The MDCs
are insisting that the draft should be taken to the Second All
Stakeholders
Conference in its original form, after which a referendum must
be
held.
MDC-T spokesperson, Douglas Mwonzora, said the Sadc team was very
relevant
and critical in issues involving Zimbabwe.
“What Zanu (PF)
thinks doesn’t matter because the voices of the people
should be heard in
that constitution. We are faced with a crisis here and
Sadc’s intervention
is still relevant,” said Mwonzora.
He said the amendments proposed by
Zanu (PF) were unreasonable and selfish.
Sadc-appointed South African
President, Jacob Zuma is the point in the
facilitation process and is
working with a team comprising Lindiwe Zulu, Mac
Maharaj and Charles
Nqakula.
This is not the first time Zanu (PF) has rubbished the team.
http://www.newzimbabwe.com
29/08/2012 00:00:00
by Staff
Reporter
PRESIDENT Jacob Zuma’s “excited and overzealous”
facilitation team must stop
pestering Zimbabwean leaders, Deputy Prime
Minister Arthur Mutambara said
Tuesday vowing to resist the imposition of
foreign solutions to the country’s
problems.
Zuma is helping
facilitate dialogue between parties in the coalition
government on behalf of
the regional SADC grouping, and his backroom team is
in Harare to try and
break the deadlock over the country’s new constitution.
But Mutambara
said Zuma’s team should give coalition principals time to
consult and reach
an agreement and only travel to Harare when requested.
“Barely one week
after the Maputo Summit, the team is already here on a
‘sight-seeing
visit’,” Mutambara’s party said in a statement Tuesday.
“The facilitation
team seems to be very excited and overzealous. It must
wait to be called by
the principals when there is need. The team must desist
from pestering,
stampeding and rounding up the Principals like domestic
animals.”
Mutambara claimed GPA principals were still to conclude
consultations over
the draft constitution adding they should be given time
to “find one another
and come up with a solution that reflects our hopes and
aspirations as a
nation.”
He insisted that it was only his MDC
leadership rival and Industry and
Commerce Minister Welshman Ncube who had
already taken a position over the
draft and amendments proposed by Zanu
PF.
“The Principals are still to meet, exchange notes and make their
official
positions known on the draft Constitution,” he said.
“Zuma’s
newly appointed newspaper 'principal' (Ncube) has already made his
position
known because he was part of the Management Committee that produced
the
draft. He must give others time to look at the document.”
However, the
recent SADC summit in Maputo resolved that Mutambara would no
longer be
involved with Zuma’s team following his ouster by Ncube as MDC
leader,
although a government spokesman later said the deputy premier
remains a GPA
principal after challenging his ouster at the Supreme Court.
The MDC
parties have since endorsed the draft charter, rejecting as
unacceptable
several amendments proposed by Zanu PF.
MDC-T leader, Morgan Tsvangirai
declared a deadlock over the issue Tuesday,
urging SADC to intervene and
help break the impasse.
Still, Mutambara said foreign solutions to
the country’s problems would not
be accepted.
“The answer to the
Zimbabwean problem is strictly Zimbabwean and not
foreign. To this effect,
any help that is meant to humiliate this Great
Nation and its people shall
be resisted,” Mutambara’s party said.
“Zuma’s facilitation team and its
known foreign “stake holders” must not
take us for granted. We are watching
and monitoring their activities. We are
not blind, neither are we deaf and
dump.”
http://www.swradioafrica.com
By Lance Guma
29 August
2012
Justice Minister Patrick Chinamasa on Tuesday told journalists that
he had
filed an urgent High Court application on behalf of President Robert
Mugabe
seeking an extension to the deadline set by the Supreme Court for him
to
call for by-elections.
Three MPs expelled in 2009 from the smaller
MDC formation led by Welshman
Ncube took their case to court, arguing they
should be allowed to stand as
independent candidates. This was because all
three major parties in the
coalition government had agreed not to contest
each other in the event of
vacancies arising.
The MP’s; Abednico
Bhebe (Nkayi South), Njabulo Mguni (Bulilima East) and
Norman Mpofu (Lupane
East) won their case in October last year when Justice
Nicholas Ndou
directed Mugabe to ensure by-elections for the three
constituencies were
held. Mugabe was given a 30th August deadline to publish
a notice for
this.
Despite an appeal the Supreme Court upheld the judgment in July
this year.
In addition to the three vacant seats there are (according to
Chinamasa), a
total of 28 parliamentary seats and 164 local authority seats
which are
vacant.
Although there are a reported 38 vacancies, not all
require by-elections as
Mugabe appoints some of them, like chiefs and
senators.
Finance Minister Tendai Biti has already said the coalition
government has
no money to fund what would amount to a mini-general
election. On Tuesday
Chinamasa was saying they had applied for an extension
of one month to give
them time to “mobilise more financial resources” to
comply with the order.
Commentators however say underneath the legal maze
ZANU PF is toying with
the idea of forcing a full harmonized parliamentary
and presidential
election under the old constitution. A ZANU PF U-turn on
the draft
constitution agreed to by all three parties in the coalition, has
given
momentum to this theory.
http://www.radiovop.com
By Professor Matodzi
Harare, August 29, 2012 - President Robert Mugabe has
requested the High
Court to give him more time to mobilise resources to hold
what he described
as a 'mini general election' in which all the vacant seats
in parliament,
senate and local authorities would be contested.
He made this passionate plea
in the High Court when he filed an urgent
chamber application on Tuesday in
which he explained why he had failed to
comply with the Supreme Court order
which had directed the aged leader to
call for by-elections in three
Matabeleland constituencies.
Mugabe, through one of his lieutenants,
Patrick Chinamasa, who is Justice
and Legal Affairs Minister, asked for an
extension of time from August 30 to
October 01 so he could stage the
elections.
Chinamasa, the Zanu (PF) deputy secretary for legal affairs,
argued Mugabe
had failed to call for the by-elections on time because of his
busy schedule
and circumstances beyond his control, which he did not
elaborate.
Three legislators, who were expelled from Professor Welshman’s
Ncube’s MDC
party namely, Norman Mpofu, Abednico Bhebhe and Njabuliso Mguni
took Mugabe
to court in 2010 demanding the staging of by-elections in their
constituencies.
In July, the Supreme Court confirmed a High Court
order that the Zanu (PF)
leader should call by-elections in three
Matabeleland constituencies by the
end of August. The order came after
Mugabe had appealed against High Court
Judge, Justice Nicholas Ndou’s
decision in October last year ordering him to
ensure by-elections for Nkayi
South, Bulilima East and Lupane East were
held, as they were
constitutionally long overdue.
Justice Ndou granted the legislator’s
application last year. However, Mugabe
through Chinamasa lodged a Supreme
Court appeal, which was opposed by the
former lawmakers’ lawyer Ndabezinhle
Mazibuko, a member of influential
rights group, Zimbabwe Lawyers for Human
Rights member and which was
dismissed in July.
http://www.newzimbabwe.com
29/08/2012 00:00:00
by
Staff Reporter
ZANU PF officials accused of trying to seize the
vast Save Valley
Conservancy vowed to stay put Wednesday as Vice President
Joice Mujuru and
Prime Minister Morgan Tsvangirai summoned the Environment
and Tourism
ministers in a bid to resolve the dispute.
Environment
Minister Francis Nhema is backing “indigenisation” of the prized
3,400
square-kilometre wildlife reserve in the south-east Lowveld of
Zimbabwe, but
Tourism Minister Walter Mzembi accuses his colleague of
“promoting greed” by
parcelling the park out to 25 individuals, most of them
Zanu PF officials
who also benefitted from the country's land reforms.
Tsvangirai and
Mujuru met both ministers Tuesday as the government scrambled
for s solution
to the saga amid threats of aid withdrawal by the European
Union.
“We
have been advised to go and look into the matter. We will bring all
parties
involved together to find a lasting solution,” Nhema said after the
meetings.
“All I can say is the matter has been resolved amicably and
Minister Nhema
will make an appropriate statement at the right time,”
Mzembi added.
But Zanu PF legislators Ailess Baloyi (Chiredzi South),
Ronald Ndama
(Chiredzi North) and the party’s provincial chairman for
Masvingo, Lovemore
Matuke, who are leading the 25 individuals given land and
hunting leases on
the reserve, vowed to stay put.
Baloyi charged:
“What we are trying to do is correct the historic imbalances
caused by
colonialism and opening up opportunities for blacks in Zimbabwe.
“We
are the rightful players in the Save Valley Conservancy because we have
the
leases and the other guys do not have anything.”
He denied allegations
that their involvement in the project would threaten
wildlife, put thousands
of jobs at risk and negatively impact efforts to
successfully host the
United Nations World Tourism Organisation General
Assembly next
year.
“We are seeing a replay of the kind of propaganda that was used by
the Ian
Smith regime. We have tried to engage our partners with little joy.
They
were adamant that they do not want to see us,” he said.
“No one
will lose their jobs and no one will be chased off the land. We want
to
engage them to find a solution to the impasse.”
Matuke said local
communities have not benefited from the project and
blasted Minister Mzembi
for resisting their involvement.
“The surrounding communities have not
benefited anything except meat and the
people would not benefit from the 10
percent the farmers are offering,” he
said.
“They are trying to
reverse the gains of independence. We are unhappy with
the minister; maybe
he has a different agenda but he should listen to what
the people on the
ground are saying.”
Running along the banks of the Save River, the
conservancy – respected as a
leader in wildlife management and research – is
collectively controlled by
international investors, white ranchers who
formerly ran cattle on the land,
local black businessmen and hundreds of
rural farmers.
"It is a working example of how something really special
can be a success,
by including all sectors of the community, especially the
rural poor who
have previously got nothing out of wildlife," said Wilfried
Pabst, a German
businessman who is vice-chair of the
conservancy.
Pabst rejected accusations that the reserve is opposed to
ensuring a fair
deal for blacks.
"Two-thirds of stakeholders of the
conservancy are black. It is now being
threatened by a collection of greedy
individuals who are bringing nothing
into the conservancy and will destroy
it," he said.
http://www.swradioafrica.com
By Lance Guma
29 August
2012
A suspected member of the Central Intelligence Organisation (CIO),
who also
holds a position in ZANU PF, is allegedly recruiting youths in the
Midlands
Province and using them to threaten anyone supporting the MDC with
death.
A report by the Crisis in Zimbabwe Coalition claims Owen Ncube
(also known
as Mudha Mugabe) has been steadily re-activating the ZANU PF
terror
machinery in the area. He has been recruiting youths from the Zhombe
and
Salagushle resettlement area in Kwekwe and Kana village in
Gokwe.
Ncube, who is also the ZANU PF Provincial Secretary for Security
in the
Midlands, is said to be forcing villagers to attend party rallies
against
their will. At these rallies the youth militia are recording the
names and
identification numbers of everyone present as well as taking the
names of
those who do not attend.
It’s not the first time Ncube has
been terrorising people. It’s reported in
July this year he disrupted the
Joint Operations Monitoring Implementing
Committee (JOMIC) peace rally held
at Mbizo 4 Shopping Centre in Kwekwe.
Local MP Settlement Chikwinya
confirmed the incident.
A month before this Ncube “terrorized gold
panners at the Sherwood mining
area, forcing them to attend ZANU PF meetings
every week or face eviction
from the mine.” The crisis report also says
Ncube was part of a group of
senior ZANU PF officials who were sucked into
an illegal gold mining scam in
Kwekwe.
Those implicated in the gold
scam were retired Air Vice Marshal Henry
Muchena, ZANU PF Buhera North MP
William Mutomba, former labour minister
July Moyo, former Zhombe MP Daniel
McKenzie Ncube, Gweru politician Smiley
Dube and Ncube himself.
“Only
the residents of Midlands will be allowed to enter the fields and they
will
do so through ZANU PF structures. Those that are not known within the
party
will not have access and those from outside the Midlands will not be
allowed
here,” Ncube said while addressing ZANU PF supporters at the time.
Ncube
is also known as a sidekick of Defence Minister Emmerson Mnangagwa.
When
Mnangagwa lost the Kwekwe Central parliamentary seat to MDC-T candidate
Blessing Chebundo, Ncube mobilised a gang of thugs that burnt down
Chebundo’s
house.
The Crisis Coalition report says those helping
Ncube wage his terror
campaign are sitting ZANU PF MPs Lovemore Mupukuta
(Mapfungautsi), Dorothy
Mhangami (Gokwe) and party members Jairos Mapenduka
and John Mapenduka.
http://www.swradioafrica.com
By Alex
Bell
29 August 2012
A ZANU PF aligned trade union group has
intensified the party’s campaign to
seize two commercial farms in Chinoyi,
by threatening protest action.
The Zimbabwe Federation of Trade Unions
(ZFTU) is reportedly mobilising farm
workers to stage demonstrations against
their white employers, allegedly
over unfair labour practices. The campaign
was launched last week and is set
to target the farms belonging to Douglas
Taylor-Freeme and Danny Bosman.
Both properties have been singled out for
seizure under the unlawful land
grab campaign, and for several years the
farmers have been fighting to
retain their legitimate hold on their
properties.
The threats by the ZFTU are now believed to a fresh angle of
attack by ZANU
PF, to force the farmers to give up and hand their properties
over.
Charles Taffs, the President of the Commercial Farmers Union (CFU),
told SW
Radio Africa on Wednesday that this tactic of falsely accusing the
farmers
is part of what he called active “oppression.”
“Nothing is
held back when it comes to intimidating white farmers. This is a
deliberate
attack on the farmers, by making up stories for a political end,”
Taffs
said.
The land grab campaign has, since its launch more than a decade
ago,
devastated Zimbabwe’s agricultural sector and forced the country to
rely on
international food aid. The campaign has also resulted in millions
of people
losing their homes and incomes, with farm workers and thier
families also
being victimised in the attacks.
Taffs agreed that it
is a tragic irony that this latest attempt to force the
farmers off their
land is being done in the name of farm workers, when the
land grab has never
benefited workers before.
“Internal displacements on farms have been in
excess of a million people,
all because of a process that services a few
chefs. The country is once
again facing hunger because there isn’t food
being produced and unless the
government puts a stop to this, then we’re
going to have a critical
situation on our hands,” Taffs said.
http://www.herald.co.zw/
Wednesday, 29 August 2012 04:27
Herald
Reporter
ZANU-PF provincial chairpersons are today leaving for a two-week
familiarisation tour of China. The delegation is led by Matabeleland North
Governor and acting Zanu-PF chairperson for the province Cde Thokozile
Mathuthu. Zanu-PF national chairman Cde Simon Khaya Moyo and Chinese
ambassador Mr Lin Lin said relations
between the two countries would
continue to flourish.
Speaking at the send-off ceremony of the provincial
leaders at his party
offices yesterday, Cde Khaya Moyo said Zimbabwe had a
lot to learn from
China.
He hailed the Asian country for transforming
its economy.
“The way you have transformed your economy is astounding,” said
Cde Khaya
Moyo.
“We know you are number two in the world in terms of the
economy, but we are
looking forward that you will become number one because
you are disciplined,
focused and united.”
Cde Khaya Moyo said the
visit would help transform the local economy.
“When these comrades return,
they will impart knowledge,” he said.
Cde Khaya Moyo said relations between
Zanu-PF and the Chinese Communist
Party dated back to the liberation
struggle and continued to flourish in
post-colonial Zimbabwe.
He
said a high-level delegation visits between the two countries evidenced
good
relations. Ambassador Lin said the provincial leadership’s visit was
testimony of good bilateral relations between Zanu-PF and CPC.
“The
high-level delegation’s visit to China shows the importance that
Zanu-PF
attaches to the relationship between the two parties,” he said.
“I can assure
you, my party and Government attach equal importance to the
relationship.
“Use your visit to have discussions and exchange of
ideas. We will try to
share our experiences and we believe each party can
learn from the other.”
Ambassador Lin hailed Zimbabweans for upholding their
sovereignty since
independence by shrugging off aggression targeted at the
country’s
leadership.
“In recent years, under the leadership of President
Mugabe, Zimbabwe has
been working hard to tackle difficulties and
challenges,” he said.
“You have to continue working harder to deal with those
sanctions imposed by
other countries, but you are doing
well.
“Economic co-operation between our two countries has been growing
rapidly
over the years because our party-to-party relations started the
foundation
of the relationship between our two countries.”
Governor
Mathuthu said their visit was going to help them understand how to
run the
party’s provinces.
The delegation is made up of Cdes Amos Midzi (Harare),
John Mafa
(Mashonaland West), Dickson Mafios (Mashonaland Central), Jason
Machaya
(Midlands), Lovemore Matuke (Masvingo), Andrew Langa (Matabeleland
South)
and Mike Madiro (Manicaland).
Among the delegation are acting
Bulawayo chairperson Cde Killian Sibanda
and Cde Stephen Chiurayi
(Mashonaland East), who is representing Cde Ray
Kaukonde, who could not
make the trip because of other commitments.
http://www.newzimbabwe.com
29/08/2012 00:00:00
by Staff
Reporter
ROCFOUNDATION Medical Centre founder Munyaradzi
Kereke has demanded US$45
million from a newspaper, claiming “irreparable
damage” to his reputation
over reports that he raped a 13-year-old girl two
years ago.
Kereke said he would drop the demand if the Daily News
apologised within
seven days.
But the newspaper said Wednesday it
would meet the former adviser to Reserve
Bank governor Gideon Gono in
court.
A spokesman said the Daily News had never accused Kereke of rape, but
had
merely reported the contents of letters sent to Police Commissioner
Augustine Chihuri and Attorney General Johannes Tomana by the alleged
victim’s
lawyer, demanding Kereke’s arrest and prosecution.
Kereke,
fired from his Reserve Bank role earlier this year, said the Daily
News had
branded him a “gun-toting violent rapist... out of callous malice”.
In an
error-strewn letter to the newspaper, his lawyer Gasa Nyamadzawo
added: “As
a father himself, a businessman and a church goer, the (sic) Dr
Munyaradzi
Kereke has suffered irreparable damage which has also seriously
undermined
his relations with his own family, fellow church members,
business
associates, friends and relatives...
“Our client demands that you must
retract your damaging wrongful statements
and apologise publicly or
alternatively pay the assessed damages to the tune
of US$45 million within
the next 7 working days.
“Our client Dr Munyaradzi Kereke submits that in
the event you do not
retract your defamatory statements and apologise or
alternatively settle the
claimed damages, summons will be issued against you
then you (sic), the
newspapers and others must produce before the honourable
court all the
evidence you publicly claimed exists to support your reported
repeated
public defamatory statements.
“To the ordinary public
readers, your newspaper article gives the impression
that our client is a
gun torting (sic) rapist who is untouchable, above the
law, corrupt and have
(sic) no regard for the law.”
The Daily News offered no apology, with a
spokesman saying: “We will defend
the action when it is launched.”
Kereke
has struggled to shake off allegations that he raped the young girl
at gun
point. Campaign groups Women of Zimbabwe Arise and the Girl Child
Network
have publicly called on the police to arrest Kereke, but he
maintains his
innocence and no charges have been brought.
Lawyer Charles Warara,
representing the 13-year-old girl, wrote to Chihuri
and Tomana two weeks ago
seeking a clarification on reports that the
Attorney General had refused to
prosecute Kereke.
In his letter to Chihuri, Warara said he had been
advised by Borrowdale
Police that the matter was closed. Tomana had
repeatedly ignored his
letters, the lawyer added.
“We wish to receive
from your esteemed office a written confirmation of this
position... Will
you as soon as possible advise since the Attorney General’s
office has
ignored several of our letters on this issue,” Warara wrote.
Warara said
in his letter to Chihuri that if the decision was not to
prosecute, he would
be extremely disappointed because “there is damaging
evidence of the
rape.”
Warara says he wrote to Tomana in January this year, and then in
July,
reminding him of his “public duty to ensure that the public retain
confidence in the administration of justice.”
In the July letter,
Warara said: “Since we started handling this matter, we
have been wondering
why we will be required to do all this work, which you
obviously are obliged
by the constitution to supervise.
“Can you simply reply to us so that we
can know what to advise our client?
If you do not wish to proceed with the
prosecution of this matter, please
advise us without delay and your reasons
will help.”
Warara wants Tomana to issue a refusal to prosecute
certificate to allow
them to pursue a private prosecution.
According to
Warara, sometime in September 2010 during the school holidays,
the girl – a
relative of Kereke – visited his residence in Vainona, an
affluent suburb in
the capital Harare.
The girl was asked by her aunt – Kereke’s wife – to
play with their baby in
the bedroom while she prepared food for the former
adviser to the central
bank governor Gideon Gono.
“During this time,
Kereke entered the bedroom and raped the victim once at
gunpoint and
threatened her not to report,” Warara stated in a letter to
Chief Inspector
Mbiringa of Borrowdale Police dated December 17, 2010.
Warara, in the
same letter, emphasised that he was writing “with full
knowledge that the
accused has proved to be an untouchable person and can
victimise anyone who
dares take up this matter.”
He went on: “We have done this because we
firmly believe in justice and want
to see to it that the weak are protected.
We are aware that you have been
giving reasons for not doing anything about
this matter but we know that you
have been stopped in your tracks because of
the influence of the accused.
“You already know that the accused is armed
and can do anything in the
circumstances, but you have done nothing about
such danger to society. We
need not remind you that it is your duty to
protect the victim should
anything befall anyone involved with this case
because of your failure to
act.”
http://www.openequalfree.org
August
28, 2012
Zimbabwe’s Minister of Education, Youth, and Sport, David
Coltart, has
recently revealed that US $90,000 was diverted from the
education budget to
cover the Zimbabwe Football Association’s (ZIFA’s)
lodging debts. The move
was made while Minister Coltart was attending the
Olympics, and he only
heard of it upon his return.
ZIFA has been
facing financial trouble as of late and has recently been
unable to fund a
trip to Angola for the second round of a youth tournament
qualifier. Teams
have had to train in sub-par facilities, putting them at
increased risk of
injury due to uneven and unkept grounds. Coltart and the
ministry have come
under fire for not supporting the much-loved sport.
“It is intolerable
that a sport which should be self-financing, such as
Football, is in such a
chaotic state that funds we can ill afford to divert
from education and
other sports have to be spent in this manner, bailing out
ZIFA,” said
Coltart. He further insisted that it is not the responsibility
of the
ministry to divert needed funds from education to support ZIFA, an
independent organization.
Many say the simple fact that the minister
was unaware of the diversion of
funds points to a grave situation within the
coalition government. With
officials making decisions without other
coalition members being involved,
this may simply be a sign of the
government’s lack of cohesion and overall
chaos.
http://www.swradioafrica.com
By Alex Bell
29
August 2012
Disgruntled customers of Zimbabwe’s power utility have said
they are
concerned that their outstanding debts, based on years of
inaccurate power
bills, will still be owed as the company rolls out prepaid
meters.
The prepaid meter exercise was officially launched at Machipisa
shopping
centre in Harare on Tuesday and the country’s power supply
authority, ZESA,
plans to install 600,000 meters countrywide. This will form
part of phase
one of the operation, which will ultimately help the
parastatal dispose of
its current billing system.
ZESA has earned the
ire of most of its consumers by issuing bills based on
estimates, insisting
it never had the money to send out meter readers. Their
system has proved
unreliable, and many people have been billed for far more
than they
use.
This has not stopped ZESA from disconnecting its users who have not
paid
their bills, with the only exceptions being top government officials.
This
includes the Mugabe family, whose outstanding bill at the end of last
year
was reportedly more than US$300, 000.
Energy and Power
Development Minister Elton Mangoma has now tried to
reassure ZESA customers
that they will not be switched off. But he said
their debt will be
incorporated under the pre-paid meter scheme.
“All those who were
disconnected for non-payment can now be connected to
prepaid meters without
making a down-payment for the reconnection fee, while
20% of the money used
to buy electricity will be applied towards the
reduction of the debt until
it is fully paid,” Mangoma said at Tuesday’s
launch of the pre-paid
meters.
Precious Shumba, the Director of the Harare Resident’s Trust,
said the long
term benefits of pre-paid meters will be welcome to the
public. But he said
ZESA has in no way taken into account the “unreasonable
and unjustified
debts based on their previous bills.”
“People are
being asked to pay off huge debts accrued using unjustified
billing systems.
ZESA should recalculate the outstanding bills based on
actual usage once the
meters have been installed,” Shumba said.
SW Radio Africa was unable to
contact Minister Mangoma or ZESA for comment.
http://www.dailynews.co.zw
Tuesday, 28 August 2012
14:53
HARARE - Zimbabwe will not be able to translocate animals to the
Victoria
Falls National Park putting another damper on the country’s
successful
hosting of the United Nations World Tourism Organisation (UNWTO)
general
assembly conference next year.
Dogged by lack of funds to
drive anticipated capital projects and reports of
cheating during the
bidding process, the tourism extravaganza’s credibility
now lies in
doubt.
National Parks (Natparks) and Wildlife Authority director Vitalis
Chadenga
told businessdaily in an interview there will be no animal
movement.
“We would have wanted to transfer animals to Victoria Falls
National Park
but there is no money to undertake this exercise. A decision
has thus been
made that we concentrate on refurbishing existing
infrastructure to make
accessibility easier,” Chadenga said.
The
authority announced earlier this year it would be moving animals to one
of
the World’s Seven Wonders whose numbers have dwindled to unprecedented
levels.
It is now difficult for tourists to see any animals
particularly the big
five.
But Chadenga said priorities had
changed.
“The priority now is to make sure accommodation and such other
infrastructure around Victoria Falls is up to scratch and that is what we
are concentrating our efforts on. We have partners some of whom
unfortunately seem to be developing cold feet but we will work out
something."
“Natparks will do its best to contribute to the
successful hosting of the
assembly,” he said.
On the issue of
security of tourists following an incident in which a bull
elephant
reportedly went on the rampage causing panic before being put down,
Chadenga
said it was an isolated case but people should always be careful.
“We
should always be alive to the fact that these are wild animals and
anything
can happen. However, I must hasten to say we have a strategic plan
and
security details have gone through thorough training, our rangers just
await
deployment,” said Chadenga.
Preparations for the prestigious event to be
co-hosted by Zimbabwe and
Zambia in August 2013 have been marred by
controversy following revelations
by a senior government official, that the
bidding committee exaggerated
pictorial evidence to persuade judges to grant
the country the right to host
the event.
This was followed last week
by the European Union threatening to boycott the
event over the granting of
hunting licences to Zanu PF-aligned political
bigwigs in the Save
Conservancy.
Sylvester Maunganidze former permanent secretary in the
ministry of Tourism
was redeployed in the ensuing fallout that threatened
Zimbabwe’s diplomatic
relations with its northern neighbour.
He had
claimed Zambia did not have a ministry responsible for tourism and
was not
serious about preparations, and envisaged infrastructural upgrade
would be
impossible because of financial constraints.
Maunganidze also claimed he
had been embarrassed to have to lie that Air
Zimbabwe was flying
internationally when it was not.
http://www.voazimbabwe.com/
Violet
Gonda
28.08.2012
The Zimbabwe Human Rights Association (ZimRights) has
demanded the
finalization of a case involving 29 Glenview residents who have
now spent 15
months in detention on charges of allegedly murdering a police
officer.
ZimRights said in a statement Tuesday there is no justification
for the
continued deprivation of their right to freedom saying it is
“distressing
and inhuman to keep the individuals incarcerated for almost two
years
without defining their fate."
The group urged the authorities
to now define the fate of the accused
persons without further delay to
ensure restoration of liberties to those
who are innocent.
Police
officer Petros Mutedza was killed in May last year resulting in the
arrests
of the 29 residents, most of them members of the Movement for
Democratic
Change formation of Prime Minister Morgan Tsvangirai.
Defense lawyers
have said some of the detainees were assaulted while in
police custody and
that their ordeal in jail amounted to torture.
Their trial was postponed
indefinitely by the courts because of the
deteriorating health of one of the
accused persons.
http://www.thezimbabwean.co.uk/
An anti-corruption committee
in the Ministry of Justice, Legal and
Parliamentary Affairs, is
investigating senior Zimbabwe Prison Service
officials for rampant
corruption and abuse of prisoners.
29.08.12
12:17pm
by
Christopher Mahove & Fadzai Zireva
Deputy Minister, Obert
Gutu, who chairs the committee, told The Zimbabwean
that his office is
swamped with reports of the malpractice in ZPS.
“There have been numerous
reports coming to my office regarding corruption
at ZPS. I want to look into
the matter and investigate to get to its core,”
he said. Sources have
revealed how previous investigations have failed
because the fingered
culprits are protected by powerful individuals within
the service, who have
links to influential politicians.
Several senior Zimbabwe Prison Services
officials have been accused of
fleecing the government of thousands of
dollars through fraudulent deals.
They were also reportedly abusing
prisoners and some prison guards were
forcing them to work at their homes
and farms without approval from prison
authorities.
A source in the
prison services said some officials, on behalf of an
Assistant Commissioner
(name withheld), diverted a donation of building
materials made by Lafarge
Cement. The Asst Comm could not be reached for a
comment because he is said
to be out of the country.
“There was a donation made by Lafarge Cement,
comprising 17 cubic meters of
three quarter stones and bags of cement which
he (the Asst Comm) converted
to his own use,” the source said.
He
said the Asst Comm was also using government equipment and personnel in
the
construction of his house in Chishawasha.
“He has taken five spirit
levels, five tape measures, builders lines, 10
wheelbarrows, 20 overalls, 20
pairs of gumboots and seven pairs of
work-suits that he is using for the
construction of a 15-roomed house at a
farm in Chishawasha” he
said.
A CMED truck was reportedly also being used to ferry building
materials to
the property.
The source added that 20 prisoners were
working as labourers at the
construction site, guarded by nine prison
officers, all at the expense of
the government, and without
food.
“The prisoners sometimes work on empty stomachs and only get food
when they
return to the prison,” he said.
Sources say some of the
senior officials connived to divert funds meant for
the maintenance of the
Harare Central Prison to purchase private houses for
two Deputy
Commissioners in Chisipite and Mount Pleasant as a way of
currying
favours.
“The purchase of the two properties did not go through the State
Procurement
Board as required by law,” an insider said, adding that the
officials were
also abusing a supermarket facility, where they were
directing all staff to
purchase goods so that they could get
kickbacks.
The senior prisons officers would reportedly get two percent
of the total
purchase value made by ZPS each month.
They would do the
same at a hardware shop in the central business district,
where everyone was
under strict instructions to buy hardware material for
the prison services
in return for kickbacks. The Asst Comm has allegedly
placed his close
friends in the prisons procurement board in order for them
to manipulate the
procurement process for his personal benefit.
A ZPS farm, the source
said, was being leased to a dubious company,
Xobikani, in which senior
officers are suspected to have interests.
The company, which runs a
piggery project, is said to owe the prison
services thousands of dollars in
rentals, yet nothing was being done to
rectify the situation.
“The
farm should have been used by the prison services. The prisoners could
produce their own food from there. Right now the prisoners have no food or
clothes yet they should have been benefiting from the organisation’s
resources. The materials that were stolen should have been used to build
more houses for officers instead of benefiting a few individuals,” said the
source. ZPS juniors who have attempted to expose the corruption have been
victimized, he added.
The chief executive of the Zimbabwe Association
of Crime Prevention and
Rehabilitation of the Offender, Edison Chiota, said
prison systems should
rehabilitate rather than punish or abuse prisoners.
“We have a challenge
when one goes on a rehabilitation programme and does
not get something to
eat or is abused. A prisoner is a human being just like
you and me and
should not be exploited,” he said.
Zimbabwe Prisons
Services Spokesperson, Priscilla Mutembo, said she was not
aware of the any
corruption within the institution.
“I am not aware of any allegations or
reports against senior or junior
prison officers. I would have been
informed. We have our internal police and
they should have been aware.
However, there is always room for
investigations,” she said.
A senior
ZPS officer says prisoners are also vulnerable at lower levels,
mainly
because the abusers are in a position to supply them with things that
they
crave, including food, small privileges and luxuries such as
cigarettes.
“The fact that security guards have unlimited access to
prisoners makes the
inmates vulnerable. Prison wardens can make one’s life
easy or unbearable
depending on existing relations,” he said on condition of
anonymity.
He added that junior prison officers often asked female
prisoners for sex in
return for favours, but, “even though it may be
consensual, intimacy between
staff and inmates is strictly
forbidden”.
He divulged that at a female officer was impregnated by a
fairly senior
warden, but the matter was swept under the carpet. Female
inmates lack
proper food, sanitary wear and appropriate medical care and are
sometimes
subjected to solitary confinement, and wardens who can supply
these or make
life easier for them usually get sexual favours.
http://www.thezimbabwean.co.uk
A case at the Harare Magistrates Court has further
exposed how soldiers and
police are working hand-in-glove with shadowy
militant groups to silence
political
activists.
29.08.12
12:12pm
by ZLHR Legal
Monitor
William Makurumidze, a soldier attached to a unit that guards
President
Robert Mugabe assaulted two youthful MDC supporters in a bar for
wearing
party T-shirts. The youths, Petros Makaza and Golden Nhika, escaped
while
revellers battle to restrain the soldier. The youths were then
arrested and
taken to a ZANU (PF) office in the volatile Mbare suburb where
they were
assaulted and tortured.
The Attorney-General’s Office then
charged the youths with robbery, accusing
them of stealing the soldier’s
beret and cellphone.
Human rights lawyers, disgusted by the blatant
selective application of the
law, are now fighting to have the courts clear
the youths of the charges,
which they say are “fabricated”. The youths are
out of custody on $30 bail
each and have to report once a week at Epworth
Police Station. Kennedy
Masiye of Zimbabwe Lawyers for Human Rights,
defending the pair, said they
were severely assaulted and were abducted and
taken to Mbare 3 (Zanu PF
Offices) where they were tortured while
handcuffed.
http://www.mdc.co.zw/
28 AUGUST 2012
PRESS RELEASE
Zaka
— The MDC Masvingo leadership last week visited victims of the 2008
political violence and the site where MDC members died in a bombing attack
in Zaka district.
During the tour, it was clearly evident that the
effects of the horrific
torture incidents that swept through the country are
still ravaging
villagers across Masvingo province.
The run up to the
bloody June 2008 presidential election runoff left a trail
of destruction -
the notable effects of the violent campaign includes
graves, razed
homesteads and maimed MDC supporters.
Zaka district was severely rocked
by political violence culminating in the
gruesome Jerera growth point petrol
bombing incident.
MDC provincial organising secretary Hon. Earnest
Mudavanhu and Zaka Central
chairperson, Johannes Chongore visited places
that were grossly affected by
the June 2008 political violence in Zaka
Central.
They visited the site of the bombing incident at Jerera Growth
Point where
two party members Washington Nyangwa and Crison Mbano perished
while Edison
Gwenhure, Kudakwashe Tsumele and Isaac Mbanje escaped death by
a whisker and
suffered severe wounds all over their bodies.
They then
proceeded to Jerera cemetery where they made brief stop over at
Mbano's
grave.
From Jerera cemetery the provincial organising secretary and
Chongore went
to Ward 13 councillor, Rose Chawatama's homestead where her
house was gutted
by fire in a petrol bombing incident.
In the same
ward, there is John Chebanga's four roomed house that was also
petrol bombed
as members of the Zanu PF youth militia raided his homestead
in a bid to
eliminate him.
Narrating his ordeal Chebanga said: "The attack was
carried out by members
of the Zanu PF youth militia who were led by a gun
totting soldier. I am the
former organising secretary for this ward and that
is why they targeted me.
I lost household property, farming equipment,
livestock certificates and
other documents because of the fire. They threw
petrol bombs into the house.
"I am still struggling to recover from the
catastrophe since all my identity
documents were burnt."
At
Madzvamuse homestead in the same ward, Noriah Ruhanya said her property
was
destroyed by fire after Zanu PF youths raided the homestead and petrol
bombed their house. She lost a double bed, a kitchen unit and a wardrobe in
the attack. Her daughter, Gertrude Madzvamuse was assaulted by the youths
and her eyesight was affected as a result of the assault.
In Ward 4,
Zaka North, Councillor Innocent Chipisa's house was torched by
Zanu PF
youths resulting in loss of household property.
Speaking to The Real
Changing Times after the visit Hon. Mudavanhu who is
also the member of the
parliament for Zaka North said the exercise was
crucial since it showed to
the party supporters that the party leadership
was concerned about their
welfare.
"This is a very important exercise because it reminds party
supporters that
the leadership is deeply concerned about their welfare. It
is obvious that
there are people who are still grappling with the effects of
violent
election campaigns that took place in 2008.There is need for all
victims of
politically motivated violence to be compensated. The situation
on the
ground is deplorable.
"There are people who were reduced to
squatters because of Zanu PF. It is
very disappointing to note that the
people who perpetrated acts of violence
are still walking free," said Hon.
Mudavanhu.
http://www.radiovop.com
Harare, August 29, 2012 - Exiled former
Ethiopian strongman Mengistu Haile
Mariam is believed to be living in the
scenic Vumba area, south east of this
eastern border city.
Sources told
Radio VOP on Tuesday that Menguistu quietly Ieft Harare to
settle in the
Vumba area almost a year ago.
He lives a lavish but reclusive life in
Zimbabwe amid fears over his safety.
The former Marxist ruler fled his
motherland in the early 1990’s after a
then rebel group led by late Meles
Zenawi overrun his Red Army.
Mengistu was tried and found guilty of
genocide in absentia and was
sentenced to life in prison in January
2007.
But Harare where he received sanctuary due to friendship with
President
Robert Mugabe, said it would not extradite him.
He was
initially staying in GunHill, a low density suburb for rich
Zimbabweans in
the capital Harare, but there was an attempt at his life.
Some armed
Eritreans sneaked into Zimbabwe and trekked him to GunHill where
they shot
at him but he escapsed unhurt.
His attackers were arrested and given
lengthy jail terms.
Sources said Mengistu was now staying in the Vumba
area, a popular tourist
spot with his family.
They said he is under
tight protection although he often frequents upmarket
restaurants in the
Vumba area such as Genaina.
Zimbabwean authorities have largely shielded
him from the media since his
arrival in May 1991.
In the very few
interviews he has given Zimbabwean media Mengistu said he
had no regrets
about his rule and that he tried his best for Ethiopia.
http://www.thezimbabwean.co.uk/
More than 200 protesting youth assembly members of
the mainstream MDC
blasted the Zimbabwean embassy here for operating like a
Zanu (PF)
institution. As Ambassador Phelekezela Mphoko hid in his offices,
with staff
claiming he was out, yet seen by this reporter at the beginning
of the
protest, the marchers said they would make the protests regular to
force the
ambassador to listen.
29.08.12
09:01am
by Mxolisi
Ncube
MDC protestors outside the Embassy in Pretoria last week.
Among
the concerns raised was the continuing incarceration of MDC-T Youth
President, Solomon Madzore, political bias at the embassy, Zanu (PF)’s
intransigence that continued to block the constitution-making process and
political violence ahead of the next elections.
MDC-SA youth
chairman, Giyani Dube, Secretary Butholezwe Nyathi, acting
National
Organising Secretary, Mpumelelo Ndlovu and national spokesman,
Clifford
Hlatshwayo, all gave warnings of a looming public outrage should
Zanu (PF)
continue its efforts to block the will of the people.
“This embassy,
funded from money from the poor Zimbabwean taxpayer, must
treat all
Zimbabweans alike and stop operating like a Zanu (PF) embassy. We
will keep
on protesting here until we are listened to because we are not
happy to
continue living in foreign lands, yet we have a country rich in
natural
resources back home,” said Nyathi.
Wednesday, August 29, 2012
EUROMONEY
by Jeremy Weltman
http://www.euromoney.com/Article/3081505/Category/10402/ChannelPage/0/From-bread-basket-to-basket-case-Zimbabwe-still-high-risk.html
Despite dollarization, Zimbabwe's economy and political
system are in funk. Zimbabwe, on a score of just 16.3 out of 100 and ranked 162
out of 186 countries worldwide, remains one of the most high-risk countries in
ECR’s survey, firmly entrenched within the fifth (bottom) tier of the risk
groups and below the African average.
Although constantly monitored for signs of improvement, no
other country has fallen by more since the survey was inaugurated almost 20
years ago, before the controversial land-reform programme was introduced. Even
in 2012, the borrower has slipped 15 places and lost 5.9 points. This is in
spite of the improvement that dollarization has brought in terms of preventing a
return to the hyperinflation that destroyed the economy and reached a peak in
2008. That the country requires substantial improvement has been evident for
some time (Zimbabwe: Limits of recovery) and is underlined by a range of poor
scores across ECR’s 15 surveyed indicators. None of Zimbabwe’s political risk
factors score more than 2.5 out of 10, which includes an institutional-risk
score as low as 1.6. Economic risks are similarly high, with reasonable growth
and inflation rates outweighed by a current-account deficit, estimated to be as
high as 25% of GDP, and an enormous debt problem. Local press reports suggest
the country’s outstanding debts might soon be resolved (IMF ponders Zim debt
write-off), but there is no official confirmation that is the case. Moreover,
the country’s structural problems remain onerous (Zimbabwe: Infrastructure key
for development). The latest African Economic Outlook produced jointly by the
African Development Bank and the Organization for Economic Cooperation and
Development sums up the risks by noting Zimbabwe’s “limited capital sources and
its high cost; uncertainties arising from policy inconsistencies, especially
with respect to economic empowerment and indigenization regulations; dilapidated
infrastructure; obsolete technologies and machinery; frequent breakdown of the
existing machinery; and power and water shortages. “These challenges are further
compounded by contestations among the Inclusive Government of Zimbabwe partners
around issues of the new constitution, the national referendum to adopt it, as
well as pending national elections.”
While we want you to share, we ask you use the functions
on-site rather than copy/paste. See T's & C's for details.
http://www.thezimbabwean.co.uk
EDITOR - I went home to Zimbabwe to get a new passport. I thought I
could
get it in my home city only to be told that as someone living outside
the
country, l had to go to Harare. Why centralising services? God knows. I
applied for a three-day passport which took five days to
arrive.
29.08.12
11:48am
by Anon
The ladies who work at
Makombe building have become so sophisticated that
they work in teams to
maximise the corruption. Mess with one and her gang
will sort you out. The
money from bribes is divided out between them at the
end of the
day.
My forms were rejected. Instead of giving me back the rejected forms
l was
told to go back home and come back tomorrow. Why? No-one knows. When l
came
back the following day l was ignored. Miserably, quietly and
persuasively l
went to see the supervisor in 8b who sent me back to wait at
window six for
the whole working day. I was then told to come back tomorrow.
All they were
waiting for was for me to grease their palms.
If
passport forms are rejected why shouldn’t they be given back immediately
and
the fault explained? When the supervisor notes a problem she writes it
on
the forms and they are rejected or returned to room 9. All this delay is
meant to make people suffer so they dig deeper in their pockets.
What
surprised me the most was that there was no proper office to launch
complaints at Makombe. The very senior people that you try to talk to about
your problems are the chiefs of the corruption syndicate.
Please
create a round robin basis to stimulate motivation and productivity.
One
person should not have more than four hours on one task - it reduces the
output.
Line managers should be multifaceted so as to give back up
when lines are
too long. What is the rationale of making a line manager that
can’t do the
job. It’s high time we revise our promotion system.
How
can I sue for time wasted after I had to cancel my plane ticket three
times,
slept in a car twice and drove from Gweru to Harare four times after
applying for a three-day express passport that took more than seven days? –
by e-mail
http://www.herald.co.zw/
Wednesday, 29 August 2012 00:15
From Fatima Bulla in
London
THE Zimbabwean team for the 2012 Paralympic Games was on Monday
treated to a
breathtaking welcoming ceremony filled with dance, colour and
poetry at the
heart of the Paralympic Village known here as The Plaza.
Together with
Iran, Slovakia and Namibia, the Mayor of the Village, Eva
Loeffler,
officially recognised the
presence of individual countries
at a ceremony that symbolised the legacy
to be left by participating
countries.
As per tradition, the International Paralympic Committee hosts
this
ceremony as a way to officially receive countries who will be
participating
at these Games.
The procession began with various dance
acts that later led to Loeffler
addressing the nations before the national
anthem was played as the flag was
hoisted.
Zimbabwe was represented by
the Ambassador of Zimbabwe to Britain, Gabriel
Machinga, Felicia Munjaidi
from the Zimbabwe Tourism Authority and Team
Zimbabwe’s chef de mission
Lewis Garaba.
Athletes Nyasha Mharakurwa and Elliot Mujaji, and their
respective coaches,
Dereck Ndaramashe and Amon Nyaundi, and physiotherapist
Olivia Gwaze
completed the team.
Holding their nation’s legacy in pride,
the team wore hats made of reed to
symbolise them being workhorses at the
Paralympic Games that are set to
begin today.
Team Zimbabwe’s chef de
mission Garaba then signed on the glass pillars
erected on the platform as
evidence of a legacy left by the Zimbabwean team
of having graced the grand
occasion.
The ceremony is also a platform to celebrate athletes as
individuals ahead
of competitions and to make them feel as winners whether
they will be able
to grab medals or not. Garaba said the hats that they wore
meant they are at
the Games to work hard and prove that they are not present
to make up the
numbers.
“We did not wear those hats for fun but just like
one who tends cattle in
the field, we are here to work hard and ensure that
these Games become as
memorable as they can be for us.
“We believe this
is a legacy we will leave for our future generation of
athletes to come,”
he said.
Mharakurwa, who is making his debut at the London Paralympic Games
as a
wheelchair tennis player, said the ceremony had made him feel just like
a
winner despite whatever would be the outcome of the competition. This was
such a great feeling to being honoured and having everyone bringing their
attention to you. Also the emphasis that we all remain winners despite
those who fail to get medals as the spirit of sport is more than that. It
made me want even more to grab that medal and hear the national anthem being
sung while the world is at a stand still.”
Nyaundi said it was a time
when nations got to be recognised no matter how
far and wide they came
from.
“You know there are nations that might not be known at all and
probably
Zimbabwe was one of them and this reception does well to give
recognition
to every nation and we feel comfortable as sportspersons
despite the
geographical divide between us.”
Meanwhile, it seems like a
week of welcoming ceremonies as Team Zimbabwe
was yesterday expected to be
hosted by Ambassador Machinga at his residence.
This will be followed by the
2012 London Paralympic Games Opening Ceremony
tonight.
The Mayor of the
Paralympic Village confirmed that tickets to the event
have been sold out
paving way for another spectacular occasion that succeeds
the main Olympic
Games.
“It’s a complete sell-out and we should have great competition and
wonderful
audiences.”
There are 96 disciplines in which athletes will
compete in and these include
athletics, archery, cycling, equestrian,
football’s five-a-side and
seven-a-side, judo, powerlifting, rowing,
sailing, wheelchair volleyball,
swimming and table tennis, among others.
Zimbabwe are only represented in
wheelchair tennis and athletics at the
2012 London Paralympic Games.
http://www.journalism.co.za
Published on Wednesday, 29 August
2012 09:12
Kizito Sikuka writes for Jocoza:
A snap analysis of the
media landscape in Zimbabwe over the past three years
indicates that the
general flow of information in the country is marginally
improving as more
and more private papers continue to be licensed. According
to the Zimbabwe
Media Commission (ZMC), at least four daily papers have been
registered
since the formation of an inclusive government in February 2009.
These
publications include the Daily News, The Mail and NewsDay.
Prior to this,
Zimbabwe only had one national newspaper – The Herald, which
is wholly owned
by the government. Other newspapers such as The Standard,
The Independent
and the Financial Gazette were produced on a weekly basis.
This situation
meant that Zimbabweans only got access to an independent
newspaper on a
weekly basis as there was no independent press circulating
every single day.
Therefore, the existence of a free and independent press
marks a small step
forward in terms of media freedom development in
Zimbabwe. Media freedom is
critically important in fostering democracy and
respect for human rights
because it serves as an instrument for the free
exchange of ideas and
information, democratic processes and offers citizens
an indispensable tool
for informed participation.
Various media bodies such as the Media
Institute of Southern Africa (MISA)
Zimbabwe and the Zimbabwe Union of
Journalist (ZUJ) have since welcomed this
paradigm shift to promote media
freedom in Zimbabwe saying the entry of new
players in the media industry
over the last three years would go a long way
towards increasing media
pluralism, diversity and creating jobs. In a recent
statement on the draft
constitution, MISA-Zimbabwe said it is encouraging to
note that the proposed
draft constitution “explicitly guarantees not only
media freedom and access
to information, but also protects journalists and
their sources of
information” The draft Bill of Rights also tries to capture
the requisite
ingredients necessary for the flourishing of independent,
diverse and
pluralistic media, MISA-Zimbabwe said, adding that there is
however the need
to let the media regulate itself and not the state
regulating the
press.
Another notable achievement for Zimbabwe in its bid to promote
media freedom
in the last three years is the establishment of ZMC, which was
set up by
Constitutional Amendment (No 19) Act of 2009 and later came into
operation
in February 2010 after the formation of an inclusive government
comprising
the Zimbabwe African National Union-Patriotic Front (Zanu-PF) and
the two
Movement for Democratic (MDC) formation. The commission -- made up
of nine
experienced and independent media experts replaced the Media and
Information
Commission (MIC), and its main functions include leading media
reforms, call
for and process applications for new mass
media.
Compared to its predecessor, the ZMC has done considerably well
over the
last three years, eventhough much more still needs to be done to
fully
promote media freedom in Zimbabwe. For example, since its inception,
ZMC has
registered more than 30 publications including newsletters,
magazines and
two commercial radio stations. And unlike MIC, the ZMC is yet
to shut down
any publication. In the contrary, MIC has presided over the
closure of at
least four newspapers and the deportation of several foreign
correspondents.
Some of the closed newspapers include The Tribune and The
Daily News, which
was later granted a licence to operate in 2010 after more
than seven years
in the wilderness.
In spite of this somewhat
positive step by the ZMC to open up the media
landscape, the commission has
however still maintained a robust stance on
the free flow of information as
it continues to issue a number of warnings
to stifle media freedom in the
country. ZMC chairperson Godfrey Majonga has
repeatedly said that any
publication that is circulating in the country
should be registered with the
commission or face expulsion from operating in
Zimbabwe. “If a publication
fails to comply with the requirements of the
law, then that publication will
be banned,” he said, adding that a number of
publications are nevertheless,
now registering with the commission.
Another major development in media
freedom in Zimbabwe is that there has
been a significant decline in the
number of arrests and harassment of
journalists following the inauguration
of the inclusive government three
years ago. However, there is no guarantee
that the situation will continue
as long as the repressive laws remain in
place, as they could be used as and
when it may be necessary the silence the
media, particularly when those in
office are subjected to robust media
scrutiny.
It is in this regard that most media experts maintain that the
glass to
Zimbabwe’s media freedom is half empty, with some even suggesting
that the
glass is far from being half. This is because the authorities have
shown
the same appetite as their predecessors to control the flow of
information.
For example, Zimbabwean journalists and media practitioners
continue to
endure various harassments and threats. This has left the media
with little
space to fulfill its public watchdog role as the fourth estate,
resulting in
citizens being deprived of their right to free expression and
the right to
access information.
According to Reporters Without
Borders, Nevanji Madanhire, the editor of
independent weekly The Standard,
and his reporter, Patience Nyangove are
currently facing judicial
investigation on charges of criminal defamation
and “publication of false
statements prejudicial to the state.” The police
are allegedly refusing to
return the mobile phone they took from Nyangove on
the grounds that it could
provide them with evidence. Examining her phone
violates the principle that
journalists’ sources are confidential.
As Nhlanhla Ngwenya, the Zimbabwe
national director for the MISA-Zimbabwe
rightly acknowledges: improvements
made in the last three years should not
blind us over other repressive media
laws that still hinder access to
information and the free operation of
journalists in the country. “These
developments should not be used to gloss
over the infrastructure of media
repression that continues to pose threats
to the very sustainability of the
newly licensed media and impede on
citizens’ civil liberties,” Ngwenya said
in a recent interview with a local
weekly paper.
True to this assessment, the same legal instruments that
were used to erode
the media space and citizens’ right to freedom of
expression continue to be
in place after the formation of an inclusive
government in February 2009. At
its inception, the inclusive government
agreed to reform the media, however,
there has been no massive changes to
the undemocratic practice of
criminalizing the media profession via a number
of pieces of legislations
that protect public officials from media
scrutiny.
Some of the media laws that have a far reaching effect on media
freedom and
freedom of expression include the “notorious” Access to
Information and
Protection of Privacy Act (AIPPA), which was passed by the
Parliament of
Zimbabwe in January 2002 and signed into law in March 2002.
Other draconic
laws are the Public Order and Security Act (POSA), and the
Privileges,
Immunities and Powers of Parliament Act (PIPPA).Using these laws
and other
restrictive measures, a number of cases of media violations were
reported
over the last three years. Whether by coincidence or not, none of
these
cases involve journalists from the public press, but most of the
victims are
from the independent press. This gives weight to accusations
that such laws
are used to stifle independent media reporting in
Zimbabwe.
As a result, many press organisations have been set up in both
neighbouring
and Western countries by exiled Zimbabweans to counter some of
the
repressive media in the country. A recent survey by a United States
based
non-governmental organisation, Freedom House also ranked Zimbabwe 172
out of
197 countries in terms of press freedom. In its 2008 report,
Reporters
Without Borders ranked the Zimbabwean media as 151st out of
173.
In light of this, there is room for more improvements to review some
of the
repressive media laws that hinder the free flow of information of
media
development in the country. After all, the right to freedom of
expression is
guaranteed by the Zimbabwe Constitution and all laws
regulating the media
are supposed to comply with this fundamental right. For
example, chapter
three of the Constitution proclaims the fundamental rights
and freedom of
the individual. Section 20 also guarantees the protection of
freedom of
expression stating that; “Except with his own consent or by way
of parental
discipline, no person shall be hindered in the enjoyment of his
freedom of
expression, that is to say, freedom to hold opinions and to
receive and
impact ideas and information without interference, and freedom
from
interference with his correspondence.”
Therefore, there is no
need to re-invent the wheel when developing the media
in Zimbabwe. It should
be informed by the Zimbabwe Constitution as well as
other existing
international, continental and regional standards and
principles. For
example, Zimbabwe is already party to a number of
international, continental
and regional treaties that seek to promote media
freedom. These include the
Universal Declaration of Human Rights that was
adopted by the United Nations
in 1948, the Windhoek Declaration on Promoting
an Independent and
Pluralistic African Press that was adopted by the United
Nations
Educational, Scientific and Cultural Organisation UNESCO in 1991 and
the
Declaration of Principles on Freedom of Expression in Africa, which was
approved by the African Union.
The Windhoek Declaration on Promoting
an Independent and Pluralistic African
Press states that the “maintenance
and fostering of an independent,
pluralistic and free press is essential to
the development and maintenance
of democracy in a nation and for economic
development.” On the other hand
Article 19 of the Universal Declaration of
Human Rights also says; “everyone
has the right to freedom of opinion and
expression; this right includes the
right to hold opinions without
interference and to seek, receive and impart
information and ideas through
any media and regardless of frontiers.
Therefore, Zimbabwe should abide by
these international, continental and
regional standards and principles in
its bid to promote media freedom.
Another way to improve media
development is to open up the media space and
licence more newspapers to
encourage the smooth flow of diverse information.
Zimbabwe could also allow
more foreign newspapers to operate in the country.
Currently, a few foreign
newspapers that include The Post from Zambia,
Associated Press, Agence
France-Presse, and Al Jazeera are allowed in
Zimbabwe, while other media
organizations such as the BBC and CNN are
banned.
In a nutshell,
while Zimbabwe should be commended for promoting media
freedom and media
development in the last three years, more still needs to
be done to ensure
that the glass to Zimbabwe’s media freedom is half full.
This can be
achieved through various ways that include reviewing repressive
media laws
that still hinder access to information and the free operation of
journalists. There is also the need to open up and level the media field by
licensing more and more newspapers to allow the smooth flow of information
in the country. ZMC must also not have too much control of the press as
this may impact on freedom of the press as well as other free wills such as
those to do with expression and information. If the press is given space to
operate, it will without doubt fulfill its public watchdog role as the
fourth estate, thus contributing towards the socio-economic growth of the
country. Citizens must not be deprived of their right to free expression and
right to access information.
http://www.mdc.co.zw
Wednesday, 29 August 2012
Issue - 421
The MDC
Manicaland provincial leadership has been furnished with names of
rogue Zanu
PF officials in the province who are involved in the unfair
distribution of
maize under the government grain loan scheme.
The grain is distributed
under the Grain Marketing Board (GMB) and officials
at the parastatal, Zanu
PF linked kraal heads, headmen and some rowdy youths
are denying villagers
access to the commodity.
Investigations by the MDC have shown that some
32 Zanu PF supporters are
hampering the smooth distribution of the maize in
the province. The number
is most likely larger than this and the MDC will
continue to name and shame
these agents of destruction.
The list
below is of Zanu PF supporters from Mutare West, Ward 23 in
Buwerimwe
village who are denying villagers access to the grain. They are;
Micle
Dukwende, Pearson Murindashiri, Cephas Mudzimungenzira, Donlod Kaize,
Adam
Muchingami, Ben Kambarami, Robson Chikotosa, Shaman Maringe, Tichafa
Tatire
and Cashmore Mutsago.
The other Zanu PF members are; Silas Muuyandiani,
Chido Muuyandiani, Jealous
Dukwende, Betty Dukwende, John Mauto, Hellam
Rubende, Atina Mutanguro,
Chiongororo Ngorima, Onai Matimbe, one Bumhira,
Tarazaza Marange and Tendayi
Marange.
The kraal heads involved in the
scam are; Herlod Chikuku Matya and his aide
Pfungwa Chikuku Matya, Josphat
Mahembe, Ephraim Nyanga, Moses Chikuku,
Solomon Chapeyama, Pfumvu Mupfunde,
Willis Mazwi, one Maanhu, Robson Magana
and John Tsarist.
The MDC
provincial executive has since advised the villagers who fail to
access the
loan to report to their local councillors, MPs, members of the
Joint
Monitoring and Implementation Committee (Jomic) and the police for
assistance.
Hon. Pishai Muchauyara, the Manicaland provincial
Information and Publicity
Secretary said the grain loan scheme is a
government programme and should
not be politicised along partisan
lines.
My voice is in. My vote is YES!!!
http://www.mdc.co.zw
Wednesday, 29
August 2012
The Vice President Hon.
John Nkomo,
The Minister of Finance Hon. Tendai Biti,
Cabinet Ministers
here present,
Senior government officials,
Members of the diplomatic
corps,
Invited Guests, Ladies and Gentlemen.
I want to thank you for
inviting me to this forum whose theme is "Unleashing
Zimbabwe’s growth
potential. "
The theme itself is clear that our potential is on leash and
we have to
unpack the nature of the leash so that we address those things
that have
prevented us as a country from moving forward.
Over the
past few months, I have attended several investment fora both in
and outside
Zimbabwe and I have been heartened by renewed business
confidence in our
country despite the political problems still dogging us.
I have attended
panel discussions and held bilateral meetings with investors
keen to put
their money in Zimbabwe.
There are a lot of people out there who are keen
to explore opportunities in
our great and beautiful country; a nation
endowed with vast resources and a
hard-working and committed
people.
Investment has a significant impact on economic growth. Zimbabwe
can attain
high levels of growth if we put in place competitive policies to
attract
investment. We should equally strive to put in place best
international
practices which bode well for attracting foreign direct
investment.
Ladies and Gentlemen, the formation of the inclusive
government gave us the
much needed political stability to bring back
business confidence and
investor interest in the country, which should
enable us to unleash our
growth potential. So much has been said of the
abundant natural resources
that our country is bestowed with as well as its
hard working citizens.
Unfortunately this has not translated into desired
levels of economic growth
and investment inflows largely due to policy
inconsistencies,
unpredictability and mixed messages from the same
government.
Zimbabwe’s diamond wealth alone could realise billions of
dollars per year
if this valuable asset is exploited transparently in line
with regional best
practices. So far, pretty little has been realised from
the sale of diamonds
because of the murky manner in which these resources
are being mined and
sold.
As a government, we have asked for the
relevant Ministries and government
departments to work together to ensure
transparency in the extraction and
disposal of this precious national
resource.
This is because investment opportunities are enhanced when
government begins
to create a transparent business environment and this
cannot happen when
government itself is opaque on its own revenue
inflows.
It is all not gloom and doom on the continent. African economies are
consistently growing faster than those of any other region of the
world.
Investment returns are unparalleled, with Zimbabwe ranked in the
top 3 FDI
destinations with the highest returns according to a recent study
by the
Economist.
Statistics show that the economies of at least 12
African countries have
grown by more than 6% a year in the last few years.
The World Bank reports
that nine of the 15 countries in the world with the
highest rate of recorded
5-year economic growths are in Africa.
This
is important because it shows that it is possible to poise our country
on a
new pedestal of economic growth and development and to join the big
boys (or
girls) of this continent.
A few years ago, Ethiopia was synonymous with
conflict, hunger and famine,
but the same country is expected to grow by
7.5% this year, without a drop
of oil to export.
The same country is
now the world’s tenth-largest producer of livestock.
There has been massive
economic revival in Rwanda despite its tortuous and
painful national
story.
There is renewed hope following the new government of South Sudan,
there is
some modicum are encouraging signs of stability in the Ivory Coast
and a
post-conflict Libya could soon settle down after several months of
internal
conflict.
While we are aware of our challenges, we are also
aware of what we need to
do in order to set and poise Zimbabwe for growth
and investment.
True, the risks in Africa in general are generally high, but
the high risks
are aptly compensated by equally high returns.
While
ICTs are the biggest growing sector in Africa, from 2 per cent in 2002
to 51
percent in 2010, the challenge for Africa in general, and Zimbabwe in
particular, remains poor infrastructure such as road networks, mixed
messages and our appetite to shoot ourselves in the foot.
I had a
meeting only yesterday with the Ministers of Tourism and Environment
and
Natural Resources. Surely, the invasion of the Save Valley conservancy
is a
set-back at a time when are preparing to host a world tourism summit.
It
sends the wrong signal at a time we want to unleash our growth potential,
as
suggested in the theme of today’s forum.
We have many opportunities in
mining, agriculture, tourism and manufacturing
and our quest to attract
investment has been marred by our bad politics.
Right now, we are
unnecessarily bickering over a new Constitution that we
have already agreed
when we should in fact move to the next steps so that we
create a
predictable political environment. In this brave 21st century,
economic
considerations for the benefit of the country should take
precedence over
politics.
My vision for Zimbabwe is a place where a credible and
legitimate government
would be able to address the issues of key enablers
such as ICTs, energy,
road, rail and air transport systems.
We will
have to build a strong economy, use market principles with safety
nets and
targeted policies in the context of a developmental state to
promote
economic and social justice and to provide jobs and uplift the
people.
Our abundant resources will not mean anything as long as
millions of our
people, especially the youth, are not employed.
My
experience as Prime Minister of Zimbabwe is that peace is a key factor
for
investment. That is I believe that we must create an environment of
peace in
the country. As leaders of political parties, we have made our
position
known that we want peace in the country and I urge everyone in
Zimbabwe to
take heed of our statements as political leaders in this
country.
That is why I urge all of you gathered here to support the
call for peace
and a free and fair election in Zimbabwe.
Only a
legitimately elected government, and not an uneasy coalition, can
develop
and implement a common vision and economic programmes that will deal
with
poverty and our high and unsustainable unemployment levels.
Our country
requires a break from the past; coupled with a clear programme
underpinned
by political and economic reforms, a real transformative agenda
where
individual effort is rewarded but where the common good takes
precedence of
personal glory and personal gain.
The immediate challenge for any new
government in Zimbabwe would be
embarking on an aggressive programme of
infrastructure rehabilitation,
resuscitation of our manufacturing potential
and increasing our mining and
agricultural productivity.
Government,
business and labour should work in unison in policy formulation.
Every
stakeholder should play their part to ensure that we lay the
foundation for
the economic prosperity of the people of Zimbabwe and not the
prosperity of
political parties or individuals.
Ladies and gentlemen, I am glad to note
that there has been a marked
improvement in the doing business environment
in Zimbabwe with the launch of
the One Stop Shop Investment Centre by the
Ministry of Economic Planning and
Investment Promotion in December last
year.
This launch marked a giant step towards realising our shared vision
of
continually reforming the investment climate for the benefit of the
would-be
investor as well as keeping pace with international best
practice.
On our part, we need to make sure that we consolidate the good
things we
have done so far to make ourselves an attractive investment
destination.
We have to ensure that Zimbabwe is peaceful and free from
violence; that we
maintain peace and stability; that we respect the rule of
law and that we
honour the BIPPAS we have signed.
We are not there
yet, but I can assure you, we will reclaim our rightful
place as the
bread-basket of SADC and a natural destination for
investment.
Politically, SADC remains alive to the political problems
dogging us and as
individual political parties; we will try to continue to
find each other so
that we set the basis for unleashing our great economic
potential.
I have utmost faith in this country and its people and I know
that the
transformation we all desire will happen well within our
lifetime.
I thank you
COURT WATCH
16/2012
[28th August 2012]
Supreme Court Judgements and Decisions
Pending
The Supreme Court’s mid-term
vacation which started on 4th August will come to an end on 2nd September. The
vacation does not mean that Judges have necessarily been idle, but it does mean
that they have not been hearing cases in court, and should therefore have had
time to ponder difficult decisions and write overdue judgments. This bulletin lists some cases of particular
interest in which the court’s decision is still awaited; and also other cases of
interest in which the court has handed down its decision in the form of a brief
order, but has not yet followed up its decision with its reasons for
judgment. Some of these cases have been
mentioned in earlier issues of Court Watch.
Others feature for the first time.
Cases
Already Decided in which Reasons for Judgment Long
Overdue
The Jestina Mukoko Case [2009] [See further
Court Watch 2/2011]
On 26th September 2009 Mrs Mukoko succeeded in her application to the
Supreme Court for an order permanently halting her prosecution. Her argument was that her constitutional
rights had been breached by unlawful abduction, incommunicado detention, torture
or inhuman and degrading treatment by State agents for several weeks before she
was taken to court just before Christmas 2008.
A unanimous five-judge court granted her application for a stay of
prosecution, saying its reasons for judgment would be given later. Nearly three years later those reasons have
still not been provided. This was
essentially a test case – Mrs Mukoko was one of more than twenty abductees who
were subjected to similar treatment by State agents during the closing months of
2008. So the delay in providing the
court’s reasons is stalling progress in other cases – both civil and criminal –
in which the legal effect of abduction, torture and mistreatment, and unlawful
detention of accused persons by State agents is an issue.
[See Court Watch
2/2011]
Nyahondo Farm – a Land
Acquisition Case [2008]
In this case the
issue was whether a farm covered by an investment protection agreement between
Zimbabwe and a foreign State was nevertheless subject to compulsory acquisition
under the land reform programme in terms of section 16B of the Constitution
[special provisions added by Constitution Amendment No. 17 in 2005] denying
landowners the right to contest an acquisition in court and get full
compensation]. In late 2008 the Supreme
Court ruled that section 16B prevailed over the
investment protection agreement. It said
its reasons for judgment would be provided later. Nearly four years after the decision the
Supreme Court’s reasons for it have still not been given. [Note:
In a similar case in 2009 a High Court judge applied the Supreme Court’s Nyahondo ruling, but said he regretted having to do so
without knowing the Supreme Court’s reasons; he said he had been inclined to
decide the question the other way. This
illustrates just one of the problems that can be caused when the highest court
delays its reasons for judgment in an important case.]
Case Already
Heard but Decision Long Overdue
The Independent Journalists case [Court Watch
4/2011]
This is a freedom
of expression/press freedom challenge to the constitutionality of section 31(1)
(b) of the Criminal Law Code which penalises, in very wide and general terms,
the publication of false news. Counsels’
arguments were heard in court in June 2010, and observers present in court,
going by the questions put to counsel by the judges during the hearing,
predicted an early decision in favour of the newspaper. But the court’s decision has still not been
handed down. A decision in this case, if
accompanied by reasons for judgment, would assist the lower courts and the
Supreme Court itself in dealing with the many “criminal” cases in which freedom
of expression issues have arisen.
Several such cases have already been referred to the Supreme Court for
guidance, but remain unheard [examples in
Court Watch 15/2012].
A Recent Case Decided but Awaiting Reasons for
Judgment
The Matabeleland By-Elections Case [Court Watch
14/2012]
On 12th July 2012 the Supreme Court, dismissing an appeal from a High
Court decision handed down in Bulawayo, ordered the President to take action by
30th August to call three by-elections that had been pending in Matabeleland
since August 2009. When announcing this
in open court the Chief Justice said that reasons for judgment would be handed
down later. They have not yet been
handed down. The deadline for compliance
with the court’s order is only a day away.
Other Recent Cases Heard but Awaiting
Decision
The Too Many Ministers Case [Court Watch 14/2012]
In April this year High Court Judge-President Justice Chiweshe dismissed an application by civil society activists
for a declaration that the President had infringed the Constitution, as amended
by Constitution Amendment No. 19, by appointing more than the 31 Ministers
stipulated in Schedule 8 to the Constitution, which sets out Article 20 of the
GPA. Justice Chiweshe in effect decided
that the constitutional provision was sufficiently flexible to permit the laid
down maximum of Ministers to be exceeded and that the excess number of Ministers
appointed was not outrageous. He
supported his conclusion by suggesting that unseating the Ministers might “destabilize
the government of national unity and cause unnecessary confusion within the body
politic and prejudice the public interest at large”, which, he said, would be contrary to the intention
behind Schedule 8 to the Constitution.
An appeal against this decision was noted and the Supreme Court sat
to hear the appeal on 19th July. After
hearing argument from counsel on both sides, the court reserved judgment.
Detention in
unhygienic police cells – a WOZA case
In April 2012
four WOZA leaders were arrested while taking part in a street protest against
high electricity bills and erratic power supplies. They then spent six days in Harare Central
Police Station’s notoriously filthy and unhygienic holding cells, complete with
overflowing toilets. On 20th April they
applied to the Supreme Court for an order compelling the government to ensure
that the holding cells meet basic hygiene conditions, complaining that detention
in the cells as they experienced it constituted inhuman and degrading treatment
contrary to the Constitution. On 14th
June, after an inspection of the cells and hearing argument from both sides, the
Supreme Court reserved judgment. It is
important that this judgement becomes available as quickly as possible as it may
lead to the improvement of conditions in police cells [now generally considered
disgraceful] for everybody.
Why is it Important for Courts to Give
Reasons for their Decisions?
Making reasons for judgment publicly and promptly available is
particularly important for decisions of the Supreme Court, which is the highest
court in the country, and whose decisions on points of law must accordingly be
followed as precedents by all other courts, e.g., the Mukoko case cited above, on which
other court cases are depending. Also,
for cases such as the Mukoko case a judgment would assist in determining a case
for civil damages.
Judgements being made available from all courts also serves an
important function in maintaining the rule of law, by demonstrating the
independence, impartiality and accountability of the courts and maintaining
public confidence in the administration of justice. A party to a court case, whether it be an
appeal to the Supreme Court or a trial in the High Court or a magistrates court,
should not, when the case is over, be left speculating as to why his or her
argument failed – or succeeded. If, say,
an appeal or a claim is curtly dismissed – or upheld – in a brief formal court
order, not backed up by reasons for judgment, there will inevitably be
speculation as to why court decided the case in the way it did. And that can lead to accusations of bias and
partiality, or even bribery and corruption, no matter how unjustified such
accusations may in fact be. If there is
also undue delay in providing the reasons, that will tend to increase suspicion
and dissatisfaction and undermine public confidence.
A rational statement of why and how
a decision was reached also serves the objectives of predictability and
consistency in the law. This is because
in our legal system a court generally follows precedents set in earlier cases
where the reasoning is applicable to the factual situation in the case before
it. Having reasons for judgment in a
case made publicly available means that lawyers advising clients will be better
able to predict how cases with similar facts are likely to be decided, and
advise clients accordingly.
Court
Vacations
The legal year for both the
Supreme Court and the High Court is broken up into terms and vacations. [2012 Court
Calendar available from veritas@mango.zw]
The Labour Court and the Administrative Court
have the same terms and vacations as the High Court. [But, the magistrates courts do not break for
vacations. They sit continuously
throughout the year.] During a court
vacation the courts do not sit to hear appeals, criminal or civil trials or
opposed applications except in special circumstances. This does not mean that the court systems
shut down completely. Paperwork for
cases is lodged and processed as usual.
And, although the courts may not be sitting daily, there is always a duty
judge available to deal with urgent matters.
Nor does a court vacation mean
that the judges can abandon their judicial duties until the next court
term. Those who have been granted leave
by the Chief Justice or the Judge-President may go away on holiday. Otherwise, judges are expected to use this
break from court routine to continue dealing with the many out-of-court aspects
of their work, such as writing judgments in cases where they have reserved
judgment, preparing for cases set down for the next term and generally keeping
up to date with legal developments, such as new legislation and case-law. This out-of-court side of a judge’s work is
necessary to ensure effective use is made of court time during
term.
A chance to write judgments It is to be
hoped that the present court vacation will have given judges the opportunity to
finish overdue reserved judgments with a view to handing them down early in the
new term. There are some Supreme Court
cases in which decisions or reasons for judgment are, embarrassingly,
long overdue [examples
above]. What is “long” in this
context? The Code of Ethics for Judicial Officers
published earlier this year [SI 107/2012]
provides guidance: it says reserved judgments should normally be handed down
within 90 days and, if that is impossible, in any event within 180 days.
[SI 107/2012 available from veritas@mango.zw]
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take legal responsibility for information
supplied