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Negotiators meet jointly with Zuma’s team

http://www.swradioafrica.com

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.


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Back off, Zanu (PF) tells Sadc

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.


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Mutambara slams ‘pestering’ Zuma

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.”


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Mugabe seeks extension to deadline for by-elections

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.


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Mugabe Negotiating a "Mini-General Election"

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.


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Mujuru summons ministers over wildlife park seizure

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.


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CIO agent terrorizing Midlands Province

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.


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ZANU PF union intensifies campaign to seize Chinoyi farms

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.


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Zanu-PF chairmen off to China

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.


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Kereke demands $45m from paper

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.”


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Scandal in Zimbabwe ; Education Funds used for Football

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.


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Concern over ZESA debts overshadows prepaid meter rollout

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.


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More trouble for UNWTO general assembly

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.


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ZimRights: Courts Should Finalize Case of 29 Harare Detainees

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.


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Top prison officers probed for abuse, corruption

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.


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Case exposes evil alliance

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.


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2008 Violence Victims to Be Compensated

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.


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Mengistu Now Staying In Vumba

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.


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MDC marchers blast Embassy

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.


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From bread-basket to basket-case: Zimbabwe still high-risk

http://www.euromoney.com/

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.

http://cdn.euromoney.com/images/672/Screen%20Shot%202012-08-29%20at%2011.14.46.png

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.”

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Passport farce

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


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Team Zim in London

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.


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Zimbabwe press: coming out of its shell?

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.


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The MDC Today

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!!!


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Keynote Address by President Tsvangirai at Zimbabwe High Level Economic Forum, Victoria Falls

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


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COURT WATCH 16/2012 OF 29th August [Judgments Awaited in Supreme Court]

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]

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

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