The ZIMBABWE Situation
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Passengers
detained for discussing census fiasco in Kombi
http://www.swradioafrica.com
By Tichaona
Sibanda
08 August 2012
A Kombi full of passengers was on Wednesday
forced to drive into the 3
Brigade army base in Mutare because passengers
were speaking critically
about the way soldiers, police and the CIO have
hijacked the population
census exercise.
The Kombi was travelling
from Rusape to Mutare when one of the passengers, a
soldier, became incensed
when other passengers started discussing the census
that has been turned
into such a fiasco by the security forces.
The discussion sparked debate
about the behaviour of ZANU PF and the
partisan armed forces, and passengers
were unaware there was an off-duty
soldier onboard.
When the Kombi
got to Mutare, the soldier identified himself and told the
driver to go to
the 3 Brigade Headquarters in the city.
Unknown to the army, a number of
passengers were senior MDC-T officials from
Makoni district who immediately
sent out text messages to the party of their
predicament.
One of
those who received a text was Energy and Power Development Minister
Elton
Mangoma, who alerted the party spokesman in Manicaland, Pishai
Muchauraya.
Mangoma, who is the MDC-T MP for Makoni North, told SW
Radio Africa that
after spending some time at the camp all the passengers
were freed after
interrogation.
‘The soldiers took down their names
and addresses and told them there would
be a follow up. But I can confirm
all guys from my constituency are free and
safe as well as the other
passengers,’ Mangoma said.
The census exercise continues to create
political headaches for the
inclusive government. With an eye toward the
national elections slated for
2013, there are allegations that politicians
from ZANU PF are doing
everything in their power to circumvent the
count.
Analysts told SW Radio Africa that the largest political parties,
the MDC-T
and ZANU PF, are particularly threatened by the prospect of
reduced urban or
rural constituencies as a revised count would lead to a
revised political
balance. Fear that this might happen has seen soldiers,
allegedly at the
behest of ZANU PF, forcibly joining the program to ensure
they monitor the
exercise.
Soldiers have emerged from their barracks
countrywide to hijack the process
and turn the count into a party
event.
Our correspondent in Bulawayo, Lionel Saungweme, told us that
soldiers there
disrupted the training of enumerators at Bulawayo Polytechnic
for the second
day running.
He said the soldiers vowed that ‘there
will be no peace until we are
included in the Census training and exercise.’
Security
Forces Block Census Workshops
http://www.radiovop.com
Roy Chikara Masvingo, August 08,
2012 - Soldiers, police and spy agents, the
CIO, on Tuesday afternoon
blocked census enumerators’ workshops in Masvingo
town, Gutu Mpandawana
growth point and St Antony’s High School in Zaka,
demanding to be included
in the process.
On Monday acting Finance Minister, Gorden Moyo, said
registration for
enumerators had been postponed after it was discovered that
about 10 000
soldiers had been included. The matter was expected to be
deliberated in
Tuesday's cabinet meeting.
Sources here told Radio VOP
that the security forces were angered by their
cancellation form the process
and decided to disrupt the workshops.
“They came here and demanded to be
included on the lists. When we told them
that we were fully booked, they
said the process should then stop until they
are also featured on the
lists,” a senior government official conducting the
process
said.
They stormed Masvingo Polytechnic, one of the census centres while
clad in
civilian attire, while in Zaka and Gutu, sources said, they were
clad in
army and police regalia and forcibly disrupted the process at local
Primary
School.
Efforts to get a comment from the army spokesperson
proved futile while
Police in Masvingo declined to comment.
However,
by end of day, the enumerators’ workshops failed to take place as
the
deadlock continued. The workshops were expected to take place on
Wednesday.
Soldiers
invade census centres
http://www.dailynews.co.zw
Written by Richard Chidza, Fungi Kwaramba and Nhau
Mangirazi
Wednesday, 08 August 2012 10:32
HARARE - Uniformed
forces yesterday invaded centres where civilian
government workers expecting
to undergo training as census enumerators had
gathered, leaving the process
in limbo.
Chaotic scenes characterised several registration centres in
different parts
of the country, with security forces taking centre stage in
all cases.
This comes at a time when the number of security forces at
supervisory and
enumeration levels have been limited to 1 571
personnel.
Irate teachers’ groups have now threatened to pull out if the
uniformed
forces continue hijacking the process.
In Harare, armed
police sealed off some venues and used threats of violence
to chase away
civil servants who had gathered to begin training early
yesterday
morning.
In Karoi, senior police officers reportedly stopped the process
and demanded
that uniformed forces be allocated a quota.
A senior
government official in charge of the process in the area told civil
servants
gathered for the aborted training that he had received orders to
chop names
and make room for uniformed forces.
This comes a day after the Finance
ministry said it had postponed training
of enumerators by a day to
investigate reports of politically partisan
soldiers having been planted as
enumerators.
Acting Finance minister Gorden Moyo on Monday insisted that
government will
not allow soldiers to take part as enumerators, saying
teachers have the
experience to carry out the task.
The census is
viewed by lowly-paid government workers as a “cash cow” hence
the
jostling.
Although official figures are yet to be released, the Daily
News understands
from sources that individuals involved will get up to $800
for the 10-day
process.
This is more than double what most civil
servants are getting in monthly
salaries.
Uniformed forces say they
want a piece of the cake.
The Daily News witnessed near-violent scenes in
Harare as armed police
pounced on civil servants who had gathered for
training at Harare Girls’
High School, ordering them to
disperse.
Some of the civil servants who later regrouped in the adjacent
Harare
Gardens were forced to flee after vicious police went after
them.
A Daily News reporter covering the event was also nearly manhandled
by the
police officers.
“What do you want here? Where do you work?
Are you against what we are doing
here,” a menacing police officer said as
he charged towards the reporter.
In Hurungwe District, which covers Karoi
town, officials said they were
being forced to redraw lists to accommodate
uniformed forces.
A district official identified only as Maturire had to
plead with impatient
enumerators who had gathered for
training.
Addressing the enumerators, he said: “We are waiting for an
instruction to
accept uniformed forces but it will affect 145 people we had
accepted from
various Government departments. Unfortunately, the whole
exercise is
confusing before it even starts.”
There was no immediate
response from the Zimbabwe Statistics Agency, which
is in charge of the
10-day census process.
But teachers’ representatives said they were
infuriated by the move.
Teachers make the bulk of the government’s 200 000
plus workforce. At least
31 000 of these will take part in the census as
enumerators.
Zimbabwe Teachers Association (Zimta) president Tendai
Chikowore said she
had received reports of chaos at enumeration centres
around the country.
“We are receiving reports from Bulawayo, Masvingo and
other parts of the
country that soldiers are taking over the process,” she
said.
“If it comes to a situation where our members are in danger, we
will have to
pull out,” said Chikowore.
Another union, the
Progressive Teachers Union of Zimbabwe (PTUZ), said it
was too late to sniff
out soldiers from the process.
The union claimed that soldiers were
moving around in areas such as Gokwe
North constituency disrupting the
process. The group claimed the soldiers
had targeted some of its members for
victimisation.
“Zanu PF is calling the shots in government including in
the census process.
The reports of intimidation of our members in
Mashonaland East, West and
Central provinces are really saddening,” said
PTUZ secretary-general Raymond
Majongwe.
“The credibility of the
process is now in a shambles because it has been
taken over by the police
and soldiers,” he said.
Douglas Mwonzora, spokesperson for Prime Minister
Morgan Tsvangirai’s MDC,
said the party had raised the issue through its
representatives in the
fragile coalition government.
Zanu PF
spokesperson Rugare Gumbo dismissed the allegations by teachers’
unions and
the MDC.
“No one wants to militarise the census issue. It is a government
project and
the MDC is part of that government which controls the army. Zanu
PF does not
control the military and these people always want to raise
mundane issues.
It is nonsense,” said Gumbo.
Zimbabwe has
successfully conducted three population counts since
independence from
Britain in 1980. The country’s national census is held
after every 10
years.
The 2012 census comes ahead of a watershed election to be held
most likely
next year.
Statistics from the census will be critical in
the constituency delimitation
process.
Census: Riot police descend on girls high school and stop process
The MDC
Today
Wednesday, 08 August 2012
Issue – 410
Today for the second
day running, armed riot police descended on Harare
Girls High and forcefully
ordered all enumerators undergoing training there
to disperse. Similar
disturbing reports are coming in from all over the
country. This is a clear
attempt to derail the census which is supposed to
take place from the 17th
of August.
Meanwhile, Tapera Sengweni, the MDC Midlands South Youth Assembly
provincial
chairperson and Kwekwe-based human rights lawyer has been granted
a US$500
bail at the Nkayi magistrates’ court.
Sengweni is facing
false stock theft charges.
He was arrested two weeks ago at the Gweru
magistrates’ court after he had
been granted a US$500 bail for a different
charge of stock theft. Before
being granted the second bail, Sengweni had
spent nearly a month in police
cells in Kwekwe, Gweru and Nkayi as the
police tried to nail him on the
false stock theft charges.
The people’s
struggle for real change – Let’s finish it!!!
‘Soldiers’
Disrupt Census Trainings in Bulawayo
http://www.thezimbabwean.co.uk
A GROUP claiming to be soldiers
today allegedly caused chaos at the Bulawayo
Province Census command centre,
housed at the Bulawayo Polytechnic
ostensibly to prevent the induction of
enumerators. The group also
reportedly disrupted census training workshops
that were taking place at the
college. This follows reports of similar
occurrences in Harare and Mutare
yesterday as soldiers defied a cabinet
directive that soldiers will only be
used as enumerators in their places of
work.
08.08.1204:11pm
by Bulawayo Progressive Residents
Association
According to sources consisting of teachers and
headmasters from Bulawayo
Province, the group of over 50 men, who were in
plain clothes, prevented
would be enumerators from entering the Bulawayo
Polytechnic where
recruitment and induction of enumerators was taking place
and maintained a
vigil throughout the day to ensure that the workshops and
recruitment did
not go ahead.
Witnesses told Bulawayo Progressive
Residents Association (BPRA) that they
were not sure whether the group
genuinely consisted of soldiers, but said
they felt it was connected to
powerful people as the police did not pitch up
to disperse the group and
allow the training workshops and recruitment to go
ahead.
BPRA is
concerned that these events are an indication that Zimbabwe is
degenerating
into an outpost of lawlessness with the relevant authorities
looking aside
as hooligans impede on national processes. The association
calls upon the
police and other interested parties to take concerted efforts
to ensure that
order is restored in the census preparations so that the
exercise can
continue.
Cabinet
Rules On Soldier Participation In Census
http://www.radiovop.com
Harare, August 08, 2012
- The Zimbabwe cabinet on Tuesday ordered the
reduction of the military
participation in National census from 10 000 to 1
571.
Acting Finance
Minister Gorden Moyo told Radio VOP on Wednesday that he had
written to
Defence and State Security ministers seeking them to implement
the
directive.
“Cabinet yesterday agreed that the number of the military
personnel in the
census was shocking and therefore ordered its reduction
from 10 000 to 1
571. The cabinet allocated 292 officers to the Zimbabwe
Prison Services, 541
Zimbabwe Republic Police 467 Zimbabwe National Army and
271 to the Central
Intelligence Organisation. This has been the tradition
and it’s not new," he
said.
“We want to demilitarise and depoliticise
this process. This is in line with
SADC guidelines and principles of running
a Census,” Moyo added.
Moyo had postponed registration of enumerators for
census after it had been
discovered that 10 000 soldiers had been
registered. About 31 000 people are
needed for the process
nationwide.
In Masvingo soldiers blocked census workshops demanding to be
registered.
“I will this afternoon visit training centres where
enumerators are being
trained and assess the situation," said
Moyo.
"If i find soldiers or any irregularity ...I will be left with no
choice but
to approach President Robert Mugabe who is the Commander in chief
of the
security forces to order his people to go back to their barracks," he
added.
President Robert Mugabe is expected to officially launch the
fourth national
census since independence in 1980, August 15.
Census exposes Zanu PF’s allergy to
transparency
http://www.mdc.co.zw
Wednesday, 08
August 2012
The MDC dismisses the barbaric and anti-people attitude
exhibited by Zanu PF
linked State security agents who are disrupting the
induction programme of
enumerators taking part in this year’s national
population census.
The action by the police and soldiers is a deliberate
and well-calculated
scheme to derail the population census expected to kick
off on 17 August
until 28 August 2012. This morning for the second day
running, armed riot
police descended on Harare Girls High and forcefully
ordered all enumerators
undergoing training there to
disperse.
Similar disturbing reports are coming in from all over the
country.
The political posturing by these Zanu PF aligned State agents is
nothing but
an attempt to derail the process that is one of the preludes to
the holding
of free and fair elections in Zimbabwe next year. It is clear
that Zanu PF
does not want the process of counting the people of Zimbabwe to
go ahead as
it will affect their traditional rigging plans when the
delimitation
exercise for constituency boundaries starts.
The Zanu PF
footprints that are showing in the disruptive actions of the
State actors
are one of the biggest threats to the national interests of the
country. The
actions have exposed Zanu PF’s inherent allergy to
transparency, democratic
tenets and the holding of free and fair elections
next year.
Zanu PF
has once again, shown that it is perennially afraid of any
transparent
process, thereby, becoming a threat to the Global Political
Agreement (GPA)
and the people of Zimbabwe who are fighting for real change.
The on-going
disruptions are a clear indication that Zanu PF is a party
consisting of a
pot-pourri of self-centred politicians who are working with
a common purpose
to subvert the democratisation and reform agenda of the
country.
The
MDC regards the latest attempt to block the population census as part of
a
great conspiracy which includes Zanu PF’s instigated violent disturbances
that are taking place in the countryside.
However, the MDC urges all
Zimbabweans to participate freely in this
important and historic event when
it kicks off next week. We, the people,
should be counted in order to
determine our future.
The people’s struggle for real change – Let’s
finish it!!!
ZANU
PF politburo meet again to discuss draft constitution
http://www.swradioafrica.com
By Tichaona
Sibanda
08 August 2012
The deeply divided ZANU PF politburo was
meeting again on Wednesday for the
fourth time in a fortnight to try and
come out with a consensus on the draft
constitution.
While Patrick
Chinamasa, the party’s chief negotiator to the GPA says the
former ruling
party has agreed on 97 percent of the draft, there are reports
some party
heavyweights want the draft rejected totally. Others opposed to
the
rejection are in favour of engaging the two MDC formations in amending
the
draft.
The MDC formations have come out strongly saying they will not
allow any
changes to the draft, explaining that the best ZANU PF can do now
is
campaign for a no vote.
But leading human rights lawyer Dewa
Mavhinga believes that there are
certain risks that ZANU PF face if they
reject or amend the draft before it
is subjected to the people of
Zimbabwe.
Mavhinga told SW Radio Africa’s Hidden Story program on
Wednesday there is
no doubt that the amendments proposed are not at all in
the interests of
Zimbabweans.
‘You can be assured Zimbabweans know
why ZANU PF is against this draft. It
is a matter of the political elite
wheeling and dealing to ensure that they
protect vested interests and
tighten their oppressive grip on power,’
Mavhinga said.
He said
Zimbabweans who support the rewritten constitution blame entrenched
leaders
who have profited handsomely from Zimbabwe’s corrupt status quo and
don’t
really want things to change that much.
Analysts believe there is a lot
of fear among those associated with ‘diamond
money’ and those who have
maintained power in Zimbabwe. The country’s next
harmonized are scheduled to
take place in 2013, and politicians from all
parties have already begun
jockeying for positions ahead of the vote.
While some Civil Society
Organizations and pressure groups like Woman of
Zimbabwe Arise (WOZA)
generally agree that the proposed constitution is not
perfect, they think it
is a huge improvement over the old constitution.
The current Lancaster
House constitution gives almost total power to the
President and leaves out
any mention that the government serves at the
behest of Zimbabwe’s
citizens.
In the new charter, the President’s powers are reduced, the
legislative and
judiciary branches are beefed up and explicit rules are
spelled out against
corruption, a huge problem in Zimbabwe and something
that certain
individuals in ZANU PF are not comfortable with.
Lawyers insist Zim land ruling
still binding
By Alex Bell
08 August 2012
The 2008 ruling that Zimbabwe’s land grab
campaign was unlawful is still binding, despite attempts both in and outside
Zimbabwe to undermine the regional human rights court.
This is according to top legal groups in
Southern Africa, who are campaigning for the human rights mandate of the SADC
Tribunal to be upheld. The Southern African Litigation Centre (SALC), the
International Commission of Jurists and the SADC Lawyers Association are urging
regional leaders to reinstate the Tribunal with its full human rights mandate,
when the leaders meet for the upcoming SADC summit in Maputo next
week.
The Tribunal has been suspended for over a year
as a result of its landmark ruling against the Robert Mugabe regime which stated
that the land grab was unlawful because it was ‘inherently discriminatory’. The
then ZANU PF government refused to honour the court’s orders to compensate
farmers who lost land in the land grab and also ignored the order to protect the
remaining farmers from further threat.
SADC leaders then appeared to demonstrate
loyalty to one of their own by suspending the court instead of taking action
against the Zim government, despite the country violating its commitments to the
SADC Treaty by snubbing the Tribunal.
The court’s fate is now set to be decided at the
upcoming SADC summit. But there is serious concern that the jurisdiction and
core mandate of the Tribunal will be hobbled, as part of its potential
revival.
Nicole Fritz, the executive director of the
SALC, told SW Radio Africa on Wednesday that preliminary documents drafted by
SADC Justice Ministers “propose that the Tribunal be divested of its human
rights jurisdiction.” This is despite SADC not yet adopting a human rights
protocol that is independent of the Tribunal.
“This is a worrying and disturbing feature that
will be a big blow and setback for the protection of human rights and rule of
law in Southern Africa,” Fritz warned.
She continued: “Plans by SADC to remove the
Tribunal’s human rights mandate, pending the adoption of a human rights
protocol, are ill-advised. If such a proposal is adopted by the SADC leaders in
Maputo, the rights of citizens to obtain justice and protection of rights will
be violated.”
The threat to the authority and jurisdiction of
the Tribunal has also intensified since the release of Zimbabwe’s draft
constitution, which contains specific clauses and wording to undermine the
regional court.
The controversial land clauses in the draft
undermine the 2008 Tribunal ruling by stating that the government is not
responsible for compensation of land ‘acquired’ by the state. The draft goes on
to specifically state that no compensation challenge can be made on the basis of
‘discrimination’, while the future takeover of land cannot be challenged at
all.
The draft also imbeds racism against
non-indigenous Zimbabweans into the country’s laws by separating the rights of
indigenous Zimbabweans and others in terms of compensation. This blatant
discrimination in itself goes against the human rights commitments stated in the
charter.
SALC’s Fritz told SW Radio Africa that despite
these threats to the future of the SADC Tribunal, the rulings it has made before
it was suspended are still binding.
“The proposed amendments to the SADC Tribunal
protocol cannot undo its previous rulings. So whatever changes are to come, the
rulings still stand. However, it does mean no one else will ever be able to make
these kind of challenges in the court again,” Fritz said.
For further
information
WOZA Sets Tight Conditions For Giving Draft Constitution Thumbs
Up
http://www.voanews.com
07 August
2012
Jonga Kandemiiri | Washington
Women of Zimbabwe Arise
(WOZA) says it has been mandated by its members to
begin a ‘vote yes’
campaign if their views are contained in the country’s
draft
constitution.
This follows the completion of a members’ consultation
exercise in Bulawayo,
Harare and Matabeleland North and South on the
political developments in the
country and adoption of a new supreme law of
the land.
In a statement, WOZA said over 14 000 people, with 447 of them
being men out
of a national membership of 85 000, participated in the
exercise.
"The activity was conducted to keep members briefed on the
situation that
prevails and also to consult members on what position the
organisation
should adopt around the constitutional and political scenarios
that could
play out," read part of the statement.
Woza said members
expressed concern over the continued political squabbling
affecting progress
saying the constitutional reform process "is far too
dependent on political
negotiation and not enough of the politicians
listening to the views of
their political party members and ordinary
citizens".
The
organization said its members were also unhappy with the manner in which
the
Zimbabwe Republic Police continues to disrupt peaceful protests thereby
helping politicians to sideline citizen voices.
They called for the
intervention of the Southern African Development
Community and the United
Nations. "The ZRP are operating on a political
agenda and must be held
accountable."
WOZA coordinator Jenni Williams told Studio 7 they are
disappointed by the
Joint Monitoring and Implementation Committee’s failure
to deal with their
complaints.
Williams said its members were also
gravely concerned about the continued
deployment of militia and war veterans
in communities.
Zim report battle: Lawyers
sent back to drawing board
http://mg.co.za
08 Aug 2012 08:18 - Faranaaz Parker
The
high court has asked lawyers for the M&G and the state to clarify their
arguments in the ongoing battle over a report on the 2002 Zim
elections.
The Mail & Guardian's four-year battle to gain access
to a report on the
legal and constitutional situation in Zimbabwe prior to
the country's 2002
election was put on hold again in the North Gauteng High
Court in Pretoria
on Tuesday after Judge Joseph Raulinga asked both the
lawyers for the state
and the M&G to supplement their submissions with
additional arguments.
Raulinga said this was a very important matter and
that he wanted to "get
more flesh" on their respective arguments' bones
before making any
conclusions.
The parties were given 15 days in
which to file the submissions, and
judgment was reserved.
The matter
has been through the high court, Supreme Court of Appeal and the
Constitutional Court over the past four years. The Constitutional Court
found that the courts had been "hamstrung" by the fact that they did not
have access to the report itself and referred the matter back to the High
Court so it could have a confidential "judicial peek" at the report in order
to better assess he arguments around it.
After Raulinga read the
report, the state was given the opportunity to make
ex-parte representations
– submissions made to the judge without the M&G's
lawyers present – to
further their arguments for why the report should not
be
disclosed.
But its submissions consisted largely of two affidavits, from
former
president Thabo Mbeki and President Jacob Zuma, concerning the
purpose of
the commissioning the report, the way it has been used, and
general comments
on why it should not be disclosed.
On Tuesday,
advocate Frank Snyckers, counsel for the M&G, argued that the
affidavits
the state had submitted did not cure the deficiencies in the
state's case
that the Constitutional Court had found.
"They were supposed to come and
speak to your lordship about the report.
They were supposed to remedy that
'hamstringing'. They chose not to do
that … because they knew from the start
the report does not bear out what
they say," he said.
Snyckers said
the evidence put up by the state was insufficient, and that
the function of
referring the matter back to the high court "was not to
supplement the
state's case but simply to look at the [report itself] and
see whether [it]
helps".
But advocate Marumo Moerane, acting for the state, said the
affidavits were
material evidence that the court should take into account
when deciding the
issue.
The purpose of the affidavits was "to place
the report in its proper
political context, to assist [Judge Raulinga] in
exercising his duty
responsibly," he said.
Moerane said that although
Snyckers had objected to the affidavits being
accepted as evidence because
they did not refer to particular paragraphs of
the report, this was only one
approach to the ex-parte representations.
"There would be nothing wrong
in adopting that approach, but it's not the
only approach," he
said.
Raulinga asked both parties to clarify their arguments on whether
the
affidavits should be admitted as evidence.
Reasons for mandatory
disclosure
Raulinga also asked for more detail on the parties' interpretation
of
section 46 of the Promotion of Access to Information Act (Paia) under
which
the M&G applied for access to the report.
This section of
the Act deals with the circumstances under which there
should be a mandatory
disclosure of information in the public interest.
Information must be
disclosed in the public interest if it would reveal
evidence of a
substantial contravention of the law, or an imminent and
serious public
safety or environmental risk, or if the public interest in
the disclosure of
the record clearly outweighs the harm that might result in
making it
public.
Moerane argued that none of these reasons applied in this case.
He said
there was no evidence that the public interest outweighed the harm
that
might result to South Africa's diplomatic relations and its
relationship
with Zimbabwe if the report was disclosed and that disclosing
the report
would not reveal evidence of a substantial contravention or
failure to apply
the law or that it would show serious environmental or
public risk.
"Section 46 does not apply. Therefore the record is
protected," he said.
Rauling left it open to the parties to also
supplement their positions on
"any other matter" that they think is
important.
"You've left me ... between a rock and a hard place," he said,
before
adjourning.
PM Tsvangirai on Diplomatic Offensive Ahead of SADC
Summit
http://www.voanews.com/
07 August
2012
Blessing Zulu | Washington
Zimbabwean Prime Minister
Morgan Tsvangirai has embarked on a regional
diplomatic offensive ahead of a
crucial Southern African Development
Community (SADC) summit in Mozambique
next week.
Mr. Tsvangirai, who missed Tuesday's cabinet session, flew to
Maputo to meet
incoming SADC chairman President Armando Guebuza.
He
will then travel to Tanzania to meet incoming SADC troika chairman,
President Jakaya Kikwete.
The SADC meeting will be held on 17 and 18
August in Maputo and will discuss
the organization’s regional integration
and progress made so far in social,
cultural, political and economic
sectors.
Other issues include the conflict in the Democratic Republic of
Congo, the
political crisis in Madagascar as well as progress made so far by
the power
sharing government in Zimbabwe.
Sources said the SADC heads
of state and government will praise the European
Union's decision to lift
targeted sanctions imposed on Zimbabwe’s President
Robert Mugabe and his
inner circle, which are said to be hampering economic
development.
The Maputo gathering will culminate with the handing
over of the SADC
chairmanship to Mozambique.
International Crisis
Group Southern Africa senior analyst Trevor Maisiri
told VOA Studio 7
regional leaders are key to the country’s politics.
Meanwhile, President
Mugabe's Zanu-PF party has said it will not dispatch
anyone ahead of the
summit.
The party’s position on the constitution is likely to dominate
the SADC
meeting with reports saying the hardliners in the former ruling
party are
pushing it to reject the nation's draft constitution.
But
party spokesman Rugare Gumbo told VOA it is still premature to say the
party
will sink the draft.
Chombo overrides Harare
Council on Zimbabwe Mall permit
The controversial Mall of
Zimbabwe being built in Borrowdale. State Tourism Agency’s new environmental
policy: “Zimbabwe is not going to lose investment to protect frogs and a few
trees.”
By Tererai Karimakwenda
08 August
2012
The Minister of Local Government and Urban
Development, Ignatius Chombo, has approved a planning permit for the
controversial Mall of Zimbabwe being built in Borrowdale, by invoking a special
law that allows him to bypass the Council.
Chombo used a section of the Regional, Town and
Country Planning Act which strips Council of the authority to approve projects,
saying the $100 million Mall is of “national importance” because it is linked to
funding for the construction of Airport Road.
The Harare Council had delayed issuing a permit
to Augur Investments, the company building the Mall, because the land involved
is alleged to have been included in shady real estate deals currently under
investigation.
There are also objections from environmentalists
because the land under consideration is a wetland, and an environmental
assessment study needs to be done before any construction begins.
Harare Mayor Muchadeyi Masunda also recently
gave his approval for the Mall’s contruction . The Mayor is quoted as saying
that shopping malls currently serving the Borrowdale area did not meet the needs
of the “fairly affluent residents there”.
The Mayor defended this position on Wednesday,
saying he meant there were not enough shopping malls in that area to serve the
population living there. “Given the national importance of that project, we
needed to remain open towards investment of that nature,” Mayor Masunda
said.
Regarding the issue of wetlands and allegations
of corrupt land deals, Masunda said: “We are not in any way trying to slip under
the carpet all those issues that are being raised, but there are ways of dealing
with them, and remain open.” The Mayor insisted Council would make sure proper
procedure is followed in the construction of the Zimbabwe Mall.
Minister Chombo himself was once investigated by
the Council over shady property deals that he allegedly made involving land
around Harare. Council officials who headed the probe were subsequently
suspended by Chombo, after they accused him of corruption in buying City land
for cheap prices.
Recently Zimbabwe’s new environmental policy
became clear in a statement from Karikoga Kaseke, the head of the state tourism
agency. When asked about a controversial construction by Chinese diamond firm
Anjin he said Zimbabwe was not going to lose investment, “to protect frogs and a
few trees”.
Coltart
to speak at London event
http://www.newzimbabwe.com
07/08/2012 00:00:00
by Staff
Reporter
EDUCATION Minister David Coltart will speak at a networking
event with
Zimbabwean expats in London on Wednesday evening.
The
event, organised by the Zimbabwe Business Network, is a “rare
opportunity
for the Zimbabwean diaspora community to engage with a high
profile cabinet
minister and one of the key policy decision makers in the
transitional
government”, said organisers.
Held under the theme “What role can the
Diaspora play in improving the
quality of education in Zimbabwe?”,
participants at the event will discuss
ways of focusing their efforts to
sustain improvements in the education
sector since Coltart assumed office in
2009.
“The education sector is one market with potential for business
growth
linked to the recent policy decision to expand the ICT technology
thrust,”
said Joshua Chigwangwa of the Zimbabwe Business
Network.
Coltart took over the education portfolio in 2009 following the
formation of
a power sharing government with the unenviable task of fixing a
broken
education system hemorrhaged by a decade-long economic crisis which
destroyed school infrastructure and sparked flight by teaching
staff.
Coltart is head of delegation for the Zimbabwe Olympic team and
returns home
after the London games' closing ceremony on Sunday.
The
event will be held between 6PM and 9.30PM at the Royal Overseas League,
Overseas House, Park Place, St James Street, Mayfair, London, SW1A 1LR.
Admission for this event is £10 which includes snacks and refreshments. For
online tickets visit: http://cmgevents.eventbrite.com or
call 07775900058
Parliament
recalled to ratify Chinese loan
http://www.swradioafrica.com
8th August 2012
Staff
reporter
On Tuesday parliament ratified a loan facility from the
Export-Import bank
of China.
Even the state media couldn’t agree on
the amount of the loan, with the ZBC
saying it was for US$271 million and
the Herald US$380 million.
A large part of the money is to rehabilitate
Victoria Falls airport ahead of
the UN World Tourism Assembly.
In
April Finance Minister Tendai Biti had signed the agreement for this loan
during the visit by the Chinese Vice Premier. Clearly government forgot that
it doesn’t look good if they just make arbitrary decisions on their own.
They’re supposed to be pretending that parliament has a role in decision
making. The problem was that next month China was going to evaluate all its
international deals and cancel any that had not been ratified.
So
what to do, as parliament had adjourned?
The problem was easily resolved
by the expensive decision to just recall
parliament to rubber stamp this
deal.
Minister Gorden Moyo, who was standing in for Tendai Biti, was
surprised to
come under fire from some fellow MDC legislators, with one of
them querying
why they were going through this pretence of ratification when
Chinese
contractors were already on site for the project.
Other MDC-T
MPs said the minister had ‘failed to respect the Legislature by
bringing
something that had already been consummated.’ They also said they
‘had not
adequately studied the deal and their fears were that it sidelined
locals
even in small issues such as labour and raw materials.’ They alleged
that
all the raw materials were going to be imported from China.
Marondera
MDC-T MP Ian Kay said: “We are being asked to ratify something
that we have
not even seen. There is separation of powers and each State arm
has its own
duties and responsibilities. If the Executive is to perform our
duties, what
is there for us to do?”
ZANU PF legislators of course had none of these
concerns, and the loans were
duly rubber stamped and went through parliament
– perpetrating the pretence
that there is some kind of rule of law in
Zimbabwe.
It is not clear why, in a situation like this, MDC MP’s don’t
just get up
and walk out, instead of being part of this pretence.
Zim banks lambasted over
high fees
http://mg.co.za
08 Aug 2012 18:46 - AFP
Zimbabwe's acting Finance Minister
Gorden Moyo says the government is
concerned with the issue of high lending
rates and bank charges.
A Zimbabwean minister said on Wednesday the
government is worried about high
bank charges and interest rates, in some
instances as high as 40%, levied by
some of the country's commercial
banks.
"When they [industry] come to you, you charge them 40% interest
rates.
Surely you know it, when you sleep at home, you actually know it,
it's not
right," Moyo told bank chiefs at a meeting in Harare.
"What
is happening in this country is unacceptable," he said. Moyo also
expressed
concern at the collapse of banks following the recent closure of a
locally-owned Royal Bank, shut down due to a liquidity crunch and bad
management.
"We are concerned about the issues of corporate
governance, we want a moral
climate to exist in our banks. Let's follow the
normative values of running
financial institutions," said Moyo.
Some
of local banks have shareholders doubling as directors and chief
executive
officers who were awarding themselves loans that were not repaid.
"The
issues of owner-managers are issues that we have in mind, they need to
be
rectified," he said.
Zimbabwe's central bank chief Gideon Gono last month
said the country's
economy remained fragile with low export earnings, lack
of credit lines or
foreign direct investment resulting in the liquidity
crunch.
Moyo said the government endorsed the central bank's new
directive for banks
to increase minimum capital requirements by about 1 000%
to $100-million.
"We are expecting all of you to comply," he told the bank
bosses.
Banks have two years to raise the capital, but must by year-end
have doubled
their current capital base. He said the new move was aimed at
consolidating
the banks and growing the sector.
"This policy should
not suffocate the indigenous bank, it should help the
indigenous bank to
grow."
Moyo said the policy is part of the government's economic
blueprint to push
for growth in the economy after years of decline and
world-record
hyperinflation that ended only when the country switched to
using the US
dollar three years ago. – AFP
Government
buys new wheels for Bob’s motorcade
http://www.swradioafrica.com/
By Tererai Karimakwenda
08
August 2012
Hundreds of thousands of dollars have been spent by
government on a new
fleet of customized vehicles for Robert Mugabe’s
motorcade and on several
new cars for his wife Grace, according to
reports.
It has not been confirmed just how many vehicles were purchased,
but
according to Newsday newspaper the V6 Toyota trucks in the fleet cost
US$70,000 each.
Government has been strongly criticized for spending
so much money on a
luxury for Bob and Grace while claiming there is no money
in the national
coffers to give civil servants the basic pay increase that
is desperately
needed.
The inclusive government was already under
fire for spending millions on new
vehicles for ministers and legislators
last year.
Questions are now being raised as to exactly where the money for
the
vehicles came from and whether Finance Minister Tendai Biti signed off
on
the expenditure. It is also not clear whether any tender procedures were
followed before a decision was made.
Economic analyst John Robertson
explained that the office of the president
has a budget which is not subject
to an audit by any other department. These
funds are at the president’s
discretion and do not have to be accounted for.
“We’ve had suspicion over
the years that some of the money has gone towards
funding things like the
youth brigade, who were busy during election periods
going out to remind
people what will happen if they do not vote for one
party or another,”
Robertson said.
Robertson said the money for the vehicles may also have come
from the sale
of diamonds, which is controlled by military chefs without any
accounting to
government.
Regarding the issue of tenders, the
economist said: “It is very unlikely
there was any tender process here. I
suspect the very same kind of vehicles
would have been bought many times in
the past and they’ve already identified
the principle manufacturers of such
high quality bulletproof vehicles.”
Mugabe travels with a large motorcade
that includes several motorcycles,
luxury vehicles, army trucks with
soldiers, an ambulance and bullet proof
limousines. The motorcade made
headlines in June when it was involved in
three accidents within two weeks,
causing fatalities and serious injuries.
MDC
official in hiding
http://www.dailynews.co.zw
Written by Sydney Saize
Wednesday, 08 August 2012
13:26
MUTARE - MDC youth organising secretary for Chimanimani West
constituency
Collen Machikopa is in hiding after being attacked at his home
by suspected
Zanu PF members.
Machikopa, from the Morgan Tsvangirai
MDC, fled his Bvumbura home on Sunday
night and sought refuge at another
party member’s homestead in Chimanimani
East Constituency.
According
to Pardon Maguta, the MDC’s organising secretary for Chimanimani
East,
Machikopa was haunted out of his home by a group of Zanu PF activists
led by
one Pierson Chikavhanga who is understood to be the party’s
information and
publicity secretary.
Maguta told the Daily News Chikavhanga and six
unidentified Zanu PF youths
besieged Machikopa’s home accusing him of having
led to his 2005 arrest over
an assault case.
Maguta said he and
Machikopa made a report at Nedziwa police but were
referred back to Shinja
where the offence was alleged to have been
committed.
Police in
Mutare said they did not have such a report in their records. —
Sydney Saize
in Mutare
Update
on the current water situation
http://www.thezimbabwean.co.uk
Water availability in Harare has been a
major problem with almost all
suburbs experiencing severe shortages of 3
weeks intervals and in some cases
months on end. Due to the maintenance
programme currently taking place at
Morton Jeffery Water Works, only 3 pumps
are working instead of 6 pumps.
08.08.1207:09am
by CHRA
As a
result of the maintenance, Glen Norah and Highfields are expected to
only
receive very limited supplies with areas like Dzivarasekwa receiving
nothing
at all. Areas like Borrowdale Brooke, Highlands, Eastlea and
Philadelphia
are also experiencing shortages because the Alex Reservoir is
receiving a
small amount of water and sometimes none at all from the main
water
body.
The city centre, hospitals and areas that use the same pipeline are
the only
areas receiving sufficient water. Sources from Harare water
revealed that at
the moment there is nothing that can really be done
considering the fact
that the pipes being used were erected in the 1950’s
and have now become
obsolete and too small for the ever increasing Harare
population.
Water supplied by Lake Chivero and Manyame was only meant to
cater for two
million people but now over four million people are depending
on it hence
there are bound to be shortages. The situation is only set to
improve after
the construction of Kunzvi Dam which is expected to increase
supplies. The
construction of the dam is expected to take five years to
complete so until
then water will remain a scarce commodity in
Harare.
CHRA independent findings
 What is of concern is that the
water and sewer services generate about
41% of the total revenue of the City
of Harare, yet water services suffer
the most. The city of Harare is
expected to spend over 50% of its budget on
administration a situation which
hampers the capacity of the City to deliver
quality water
services.
 CHRA is engaging the City of Harare and Ministries of Local
Government
and Water with a proposal to “fence” the water account so that
resources
generated are used appropriately.
 In any case the City
of Harare does not need to wait until the
completion of the Kunzvi dam in
order to address the current water
challenges that are affecting the city.
Because of poor maintenance
strategies, Harare is losing about 350 mega
litres of treated water daily
through linkages and this is seriously
affecting the city supply system
which then culminates into water
shortages.
 The issue of water is also related directly to the issue
of governance.
If you take a look at the areas which are being affected by
these shortages,
most of them do not have representation in council. An
example is Mabvuku,
Mt Pleasant, Dzivarasekwa and Hillside. These areas have
had their ward
councillors dismissed by the Minister hence there is no one
at the moment
who can address these problems in council whilst the
councillor for hillside
passed away.
 An improvement in terms of
accountability will see residents committing
themselves to pay. Residents
currently do not know what is spent by council
on water, human resource or
any other service. It is always important to let
people know how much of the
rate-payers money is being spent on service
delivery and on administration
as it will bring accountability and
confidence building amongst residents
and this should be done at least
bi-monthly.
CSOs
petition government on typhoid
http://www.thezimbabwean.co.uk
More than 30 civil society organisations
will on Wednesday petition the
government of Zimbabwe over its failure to
act on reports of typhoid disease
and water issues in Harare and other parts
of the country.
08.08.1207:07am
by Thomas Madhuku
“Deeply
concerned about the continued outbreaks of preventable and medieval
diseases
such as Typhoid in Zimbabwe and the unresponsiveness exhibited by
the
coalition government and other stakeholders, the CSO’s are petitioning
the
coalition government,” read the communication.
The CSOs which include
Zimbabwe Lawyers for Human Rights, Zimbabwe Doctors
for Human Rights,
Zimrights and many others will come together to seek an
explanation from the
government on its plans and actions to the outbreaks
that have become the
order of life in Zimbabwe.
Health experts have continuously warned that
Zimbabwe remains at risk of
another major outbreak of waterborne diseases
because the same problems that
helped drive the last cholera epidemic remain
unresolved.
At least 30% of Zimbabweans have little or no access to safe
water and
sanitation according to an AMCOW country status overview.
Councillors
accused of looting medical scheme
http://www.thezimbabwean.co.uk/
City councillors have been fingered in
a corruption scam that has left the
council’s medical aid scheme on the
brink of collapse and its employees
going without salaries for
months.
07.08.1202:26pm
by Christopher Mahove
The
Harare Municipal Medical Aid Society, weaned from council in 2009, is
facing
collapse with the 14-member board being accused of massive corruption
and
abuse of funds. The board comprises councillors from various committees
and
representatives of municipal workers.
A source privy to the goings on at
HMMAS told The Zimbabwean that the
society had been failing to pay service
providers, while workers sometimes
went for up to two months without
salaries as members of the board
reportedly spent large sums of money on
luxuries. They also allegedly gave
themselves loans, which they were now
failing to service.
This is against the Local Government Act which states
that councillors are
not supposed to get any loans from council
institutions.
“They gave themselves loans of $20,000 dollars in cash,”
alleged the source.
“From the allowances that councillors get and the short
tenure that they
have as sitting councillors, they would not be able to
repay the loans even
if they were to part with all their allowances every
month.”
He also alleged that board members were awarding themselves a
$2,000 monthly
allowance on top of sitting allowances, and that workers’
representatives
were part of the scheme because they were getting
kickbacks.
“They don’t meet often and we don’t see any justification for
such hefty
allowances when workers are stranded,” he added.
The HMMAS
medical aid cards were being turned down by service providers
because of
non-payment, inconveniencing the more than 9,000 council
employees who
subscribe to the scheme every month. The society, which also
runs a funeral
scheme, was also struggling to provide transport to bereaved
families, the
source said.
HMMAS Chief Executive Officer, Everisto Rukasha , conceded
that the scheme
was facing challenges, although he sought to downplay the
extent of the
crisis.
He said the society depended solely on
subscriptions from council employees,
Rufaro Marketing and the Harare water
department, who were not paying their
subscriptions on time.
“Harare
water owes us $4.9 million and Rufaro Marketing $500,000,” he said,
adding
that the society owed service providers in excess of $4m in user
fees.
Although the City Council paid $600,000 monthly, this was not
enough to pay
off the debt, as it only covered the arrears, explained
Rukasha.
He denied that board members had given each other $2,000 sitting
allowances
or loans for vehicles, saying each board member was given
equipment to use
on official duty.
“We get roughly $1,000 each per
month which covers transport and sitting
allowances. If you do your
calculations, you will discover that some of the
councillors, like those
from the water department who are based in Norton,
end up with nothing as
most of the money goes to transport,” he said.
The society is building
its own medical facilities in Norton, Glenview and
in the capital where a
24-hour clinic is set to be opened in September to
assist members.
4
cancer doctors for 7,000 patients in Zimbabwe
http://www.newzimbabwe.com/
07/08/2012 00:00:00
by
Staff Reporter
ZIMBABWE is failing in early cancer detection and
treatment because it only
has FOUR doctors specialising in the disease, it
was revealed on Tuesday.
The Health Ministry recently acquired five new
radiotherapy machines to be
installed at the country’s biggest referral
hospitals – Parirenyatwa in
Harare and Mpilo in Bulawayo.
But officials
say the four oncologists – three in Harare and one in
Bulawayo – are
overwhelmed by 7,000 cancer patients.
Dr Prosper Chonzi, Harare’s
Director of Health Services in the City of
Harare said: “The shortage of the
cancer specialists remains a hindrance to
comprehensive treatment and care
for cancer patients.
“Radiotherapy services and the oncologists are only
available at
Parirenyatwa and Mpilo despite the burden of the disease across
the country.
“We simply don’t have enough haematologists, paediatric
oncologists and
oncology nurses among other critical personnel in cancer
response.”
Oncologists are doctors who specialise in the diagnosis and
treatment of
cancer. Some oncologists may specialise in a particular area of
cancer
treatment such as paediatric oncologists, surgical oncologists and
clinical
oncologists who administer radiotherapy treatment.
Chrome
ban protecting China interests: Kombayi
http://www.newzimbabwe.com
08/08/2012 00:00:00
by Stephen
Chadenga
THE ban on exports of raw chrome is only meant to
protect the interests of
large corporations such has the Chinese-owned
ZIMASCO, a Gweru businessman
has claimed.
Hamutendi Kombayi, a
small-scale chrome miner, said the ban forces
small-scale operators to
supply their ore to ZIMASCO on its own terms.
“I see no reason why the
banning of chrome ore exports continues. As small
scale miners we are
extracting chrome on behalf of the large mining firms
yet they are
short-changing us,” Kombayi, son of the late Gweru businessman
and
politician, Patrick Kombayi, said.
“We know very well large chrome miners
like Zimasco and others are
benefiting from chrome yet government continues
to hide under the disguise
that the ban is to boost revenue to treasury and
add value to the product.”
The government imposed the export ban last
April to force producers to
invest in processing and value addition so that
the country can optimize its
benefits from the mineral.
Officials
estimate that every 2,000 tonnes of chrome ore can generate close
to US$1
million when exported in processed form compared with just about
US$240,000
when raw.
But small-scale operators say they do not have the resources to
establish
their own smelters and have to supply their ore to ZIMASCO for
processing.
ZIMASCO is owned by China’s Sinosteel which has a 73 percent
interest in the
Midlands-based company.
"ZIMASCO does not take all
grades of raw chrome. They take only (chrome of
a) certain quality which
sometimes small-scale miners may not meet. If the
chrome ore is kept for two
long it will lose quality," Zimbabwe Miners
Federation (ZMF) national
chairman Edzayi Kufandarerwa said recently.
Kombayi said smale-scale
miners did not understand why the government had
targeted Chrome when other
minerals such as platinum were being exported in
raw form.
“We have
witnessed platinum crossing borders without being processed. There
were
plans to ban the export of unprocessed platinum concentrate but this
has not
been implemented yet chrome is the primary target; this raises
eyebrows,” he
said.
Mines Minister Obert Mpofu recently admitted that the big
corporations were
using the export ban to exploit small-scale
operators.
“These people (small-scale miners) are like employees of
ZIMASCO. It is
ZIMASCO which determines the price and processes and
semi-processes the
chrome. We are under pressure to allow raw exports (of
chrome) just to
empower our people for a given period because of the actions
of Zimasco and
others,” Mpofu told the parliamentary portfolio committee on
Mines and
Energy.
“We are also, as a ministry, looking at even
cancelling the tributing of
these claims by certain big organisations and
allow our people to mine those
claims and sell that chrome to whoever they
want to at competitive prices.”
Zimbabwe, along with South Africa, holds
about 90 percent of the world's
chromite reserves and
resources.
There are three large-scale ferrochrome miners in Zimbabwe,
including
Zimbabwe Alloys and Zimasco.
Low
income food basket down 0.83 per
http://www.newzimbabwe.com/
07/08/2012 00:00:00
by Roman
Moyo
A LOW income family of six now needs US$556,47 to survive
each month, down a
marginal 0.83 percent from previous month, the consumer
Council of Zimbabwe
(CCZ) has said.
The consumer watchdog said the
food basket now costs US$143,94 representing
a 3,32% decrease from the
previous month.
"The low income urban earner consumer basket which stood
at US$561,13 for
the month of June has decreased to US$556,47," the CCZ
said.
Prices of mealie meal, beef, white sugar, rice and salt recorded a
decrease
while flour rose by US$0,03 and laundry soap by an average of
US$0,13 cents.
However, the prices of cooking oil, bread, washing powder and
fresh milk
remained unchanged.
Local products however remain scare on the
market with products mainly from
South African readily available on local
shelves.
Meanwhile, a recent report on food needs in Zimbabwe says nearly
one in five
rural people in the country – an estimated 1,6 million people –
are likely
to need food assistance during the peak of the coming “hunger
season.”
The number of people in need is 60 percent higher than the one
million who
needed food assistance during the last lean season.
“The
United Nations World Food Programme (WFP) and our partners are gearing
up to
respond to this large rise in food needs,” said WFP Country Director
Felix
Bamezon.
“Our field staff are already reporting signs of distress in
rural areas,
including empty granaries and farmers selling off their
livestock to make
ends meet.”
This year’s cereals harvest was 1,076,772
metric tons – one third lower than
that of last year and the lowest since
2009.
The impact of the deficit will be felt hardest at the peak of the
“hunger
season,” from January to March next year.
Officials blame
various factors for the food insecurity including erratic
rainfall and dry
spells, limited access to agricultural inputs such as seeds
and fertilisers,
a reduction in the planted area, poor farming practices and
inadequate crop
diversification.
The Copac Draft: An Analysis of the proposed Electoral system
|
The
COPAC Draft: An Analysis of the proposed Electoral system
ZESN held a public meeting at
the New Ambassador Hotel on the 7th of August 2012. The topic was
Constitutional Reform-The COPAC draft constitution: An analysis of the
proposed electoral system: What are its pros and cons? There were three
speakers from different political parties namely Prof John Makumbe (Academic), Dr Makoni (Mavambo - Kusile Dawn), Mrs Miriam Mushayi (MDC) and the
moderator was Prof Rudo Gaidzanwa.
The major
highlights were as follows:
- The
speakers highlighted that the Draft proposes a hybrid system, retains the
winner-takes-all system for the House of Assembly and introduces Proportional
Representation for the Senate and commended it for its representative
character.
- The
speakers highlighted that the advantages of the hybrid system are that it
enhances democracy, inclusivity, and it enables power sharing at the legislative
level, retains broad representation (LIST-PR), widens political complexion of
parliament, opens two gates into parliament (party & constituency),and
consensus building amenable to gender equality
- They
commended the principles of the electoral system proposed such as that it must
be conducted by secret ballot, free from violence and other electoral
malpractices and ensure that all eligible citizens are registered as
voters
- Prof
Makumbe’s interpretation of the law on electoral violence was that any candidate
found instilling violence would be disqualified. He commended this proposal as
he believes that it will go a long way in ensuring a free and fair election and
participation of women in politics as past elections have been characterized by
electoral intimidation and violence
MKD
President Dr Simba Makoni making his presentation during the public
meeting
- The MDCs
said the electoral system is commendable as it provides that all political
parties and candidates contesting an election or participating in a referendum
should have fair and equal access to electronic and print media, both public and
private
- The MDC
speaker hailed the proposition that this electoral system should ensure the
timely resolution of electoral disputes. However, the public dismissed the use
of “timely announcement” arguing that it is subject to abuse and demanded for a
clear time frame.
- Two
speakers applauded the constitution for reserving 60 non-constituency seats for
women. However, this proved to be a contentious issue as Dr Simba Makoni argued
that women are competent enough to contest in elections therefore there was no
reason for the reservation of 60 seats. Further he mentioned that women should
feel offended by the paltry 60 seats they were being offered. The public’s view
was that the additional 60 seats for women had its advantage of ensuring gender
equality however the concern is an addition of more legislators on an already
overblown parliament facing financial constraints. Some members of the public
felt that the 60 could have been drawn or incorporated in the 210 existing seats
rather than to create more seats and overburdening the already strained fiscal.
- Mrs
Mushayi argued that there was nothing wrong with the 60 seats for women as
Zimbabwe is a signatory to many regional and international instruments that
supports gender equity. She urged men to move away from the notion of mentioning
competency only when it comes to women as they are equal chances to find male
legislators who are not competent.
- Some
participants argued that there is no justification for the clause on 2 vice
presidents given that Zimbabwe is a small country which is currently facing
economic challenges.
- One
participant expressed dissatisfaction over the failure by COPAC to release the
national report as it denies citizens an opportunity to gauge whether their
views are reflected in the draft.
A member
of the public asking a question to panelists
In conclusion, the public
meeting was well attended and there was a healthy exchange of ideas and views
from the various political parties and the public. It can be noted that in
general the political parties present were in agreement that the Draft was
an improved document which deserved a chance
to be put to the test of the referendum. The two MDC representatives pledged to
call for a “yes” vote whereas Dr. Makoni, the interim President of the MKD
argued that the document was not good enough for
Zimbabwe. | |
|
------------------------------------------------
Constitution Flash - Agricultural
Land In The Draft Constitution
7 Aug
CONSTITUTION FLASH – AGRICULTURAL LAND
IN THE DRAFT CONSTITUTION
Alex T. Magaisa
In the last blog we observed how the draft
Constitution deals with property rights in general. We noted that the protection
of private property under Clause 4.28 does not include the protection of rights
in respect of what is defined as “agricultural land”. This is specially provided
for under Clause 4.29 and Chapter 16.
Agricultural land is defined as “land that is
used or suitable for agriculture”. It includes land used for the grazing of
livestock or game. It does not include communal or urban land.
Brief Note on History &
Context
This has to be one of the most challenging areas
of the Constitution and this is unsurprising given the chequered history of what
is generally referred to as the Land Question. It is not easy to reduce in a few
words the mass of arguments on either side; to resolve a controversy that has
run for more than a century. I have always said that the Land Question is one of
the issues that was poorly handled at the Lancaster House Constitutional
negotiations in 1979. The arrangement postponed a problem; rather than find a
suitable way of resolving it. That failure has haunted post-colonial Zimbabwe to
this day.
I am not sure the draft Constitution does a
better job of permanently resolving the issue either. My observation is that
both clauses of the Lancaster House Constitution and the draft Constitution are
reflective of the dominant political position and thinking on the Land Question
on the different occasions and neither places a lid on the issue. The Lancaster
House Constitution sought in the main to safeguard existing property rights,
which were largely a legacy of the colonial era and the system was characterised
by extensive racial imbalance in land ownership, with changes envisaged through
a market-based “willing buyer-willing seller” basis – the change, if any, would
be gradual rather than immediate and dictated by the market. The amendments to
the Lancaster House Constitution have over the years sought to change this in
order to give the State more power to acquire, take ownership and redistribute
land without the shackles of the market.
These changes, championed predominantly by ZANU
PF, are reflected mainly in Constitutional Amendment No. 17 (2005) which sought
to legitimise the Fast Track Land Reform Programme (FTLRP). The draft
Constitution follows this pattern, reflecting the predominant position that has
evolved over the years since independence. Needless to say, the law has
struggled to find a perfect solution to this historically political question as
will be evident in the political arguments that are contained in the draft
Constitution. My observation is that this is a political matter that requires a
political solution and hopefully some day, Zimbabwe and its former colonial
power, Britain and others concerned parties will find space and time to sit down
and find a permanent resolution to this challenging matter.
However, it is not the purpose of this paper to
delve into the broader debate. It only seeks to present what the draft
Constitution provides for and highlights strengths and weaknesses. So, off we
go:
Acquisition without
Contest
Clause 4.29 provides that the State may acquire
agricultural land “for a public purpose”, which includes
resettlement. As the acquiring authority, the State must publish a notice in the
Gazette identifying the land that is being acquired. It also provides
that the State will acquire full title in the land with effect from the date of
publication of the notice. The existing title deed will be endorsed and
cancelled immediately, vesting title to the land in the state.
The implication of this is that the mere publication of a notice in the
Gazette completes the process of acquisition. This means all the state has to do
is to publish a notice and it acquires title in the land. There is no provision
for challenging the decision. Once published, the state acquires the land. It
means that there is no security on agricultural land. Consequently, this may
affect investment in agricultural land. A person cannot make long-term
investments in agricultural land if there is ever-present peril that once
gazetted the land is taken by the State. It also allows room for arbitrary
conduct on the part of the state.
Rights of Affected Land
Owners
What are the rights of persons whose
agricultural land is compulsorily acquired by the State?
This is governed by section 4.29(3) which states
that:
- There will be no compensation for the acquisition,
except for improvements.
- There will be no right of access to the courts for the
determination of any question relating to acquisition, except for compensation
for improvements.
- The acquisition cannot be challenged on the ground that
it was discriminatory and
therefore contrary to section 4.13 (the non-discrimination
clause).
This is basically a restatement of what is
contained in the current Constitution, which was enacted through Constitutional
Amendment No. 17 of 2005. It is a reaffirmation of the view championed mainly by
ZANU PF that there should be no compensation for land except for improvements;
that the issue of agricultural land is a political matter that should not be
resolved through the courts of law and therefore courts are barred from
entertaining matters relating to land acquisition. It is also an acknowledgement
of discrimination but specifically excludes the application of the
non-discrimination clause.
It opens up further grounds for discrimination
because section 4.13 prohibits discrimination on many different grounds. Now, by
stating that acquisition cannot be challenged on grounds that it is
discriminatory, it opens up the floodgates of discrimination on various grounds.
For example, women can be discriminated on the grounds of gender or sex and it
may not be illegal. Single parents can be discriminated on the basis of marital
status and such conduct may still be lawful. Similarly, a group of people can be
discriminated on ethnic grounds or political affiliation and under this clause
such conduct may not be unconstitutional.
Clause 4.29 (4) essentially confirms the
legality of the land reform programme carried out to date. It confirms that all
land so far acquired by the state under the current Constitution is owned by the
State (this is also restated in Clause 16.3 in Chapter 16) and that no
compensation will be paid for it except for improvements. It appears this
statement is made out of abundance of caution, to ensure that the issue of
whether compensation or payable for land and improvements or for improvements
only in regards to land that has already been acquired is beyond any
doubt.
Under this clause farmers who lost their title
to land in the land reform exercise post-2000 will not be able to claim
compensation for land except for improvements. Constitutional Amendment No. 17
was designed to apply retrospectively in order to give a cloak of legality to
the land acquisitions that had taken place under the Fast Track Land Reform
Programme. Clause 4.29 simply restates what was provided for under
Constitutional Amendment No. 17, thereby confirming the retrospective
application of the law.
The clause also ousts the jurisdiction of the
courts in land-related matters, contrary to Clause 4.26 of the same draft
Constitution, which guarantees the right to a
fair hearing and states in paragraph (3) that “Every
person has the right of access to the courts, or to some other tribunal or forum
established by law for the resolution of any dispute”. Further, it violates
Clause 4.25 which protects the right to fair administrative conduct.
Clause 4.25 states in paragraph (1) that “Every person has a right to
administrative conduct that is lawful, prompt, efficient, reasonable,
proportionate, impartial and both substantively and procedurally fair”. It
will be impossible to seek recourse for unfair administrative conduct by the
state if the courts are not permitted to entertain cases relating to land
acquisition.
Former Colonial Power’s
Obligations
Paragraph (7) and (8) are restatements of the
political statement by the Government of Zimbabwe in its acrimonious bi-lateral
dialogue with the British Government in respect of land. It makes reference to
“the obligation of the former colonial power to pay compensation” for
land acquired for resettlement purposes. It states that “the former colonial
power has an obligation to pay compensation for agricultural land compulsorily
acquired for resettlement, through an adequate fund established for the
purpose” and that if the former colonial power fails to pay compensation,
the Government of Zimbabwe does not have that obligation. This reflects the
dominant argument advanced by ZANU PF over the years, namely that the obligation
to pay compensation for land acquisitions falls on Britain as the former
colonial power.
Overall, it is a reflection of the dispute
between the ZANU PF Government and the British Government dating back to 1997
when a dispute emerged over the funding the land reform programme after the New
Labour Government announced a change of approach to the funding, a move that
incensed the Mugabe regime. However, as the Zimbabwe constitution is not
binding on Britain, the clauses do not, of course, serve any legal purpose
except that it is a political statement in the continuing dispute over land
reform. To that extent, draft Constitutional clause is no more than an
instrument of political negotiation between Zimbabwe and Britain over the land
reform programme.
The same political statement is stated in
Chapter 16 which also deals with agricultural land. The principles to guide
policies on agricultural land are stated with a view to “redress
the unjust and unfair pattern of land ownership that was brought about by
colonialism”. However, there is an important addition in that the policies
must also be designed to “bring about land reform and the equitable access
by all Zimbabweans to the country’s natural resources”. It is important to
recognise that land reform is continuing exercise. The fact that there is
redress of the colonial land set up does not necessarily signal the “end of
history” in regards to land reform. The draft Constitution acknowledges the need
for equitable access by “all Zimbabweans” to land and natural resources. It is a
subtle acknowledgement that post-colonial land reform exercises may also lead to
inequalities which may also require redress. It is important to clarify that
redress is not just over colonial land inequalities based on race but also over
post-colonial land imbalances and injustices based on multiple indices including
class, political affiliation, ethnic, gender, regional, race, etc.
Compensation for acquisition of
previously-acquired agricultural land
Chapter 16 attempts to deal with the land reform
programme that has already taken place. The issue is dealt with in categories of
persons based on race or nationality.
- First, Clause 16.8(1) states that an
“indigenous Zimbabwean” whose agricultural land was acquired by the State is
entitled to compensation from the State for the land and any improvements on the
land. Therefore for the so-called indigenous Zimbabweans, they are entitled to
full compensation for both land and improvements. However, the term “indigenous
Zimbabwean” is not defined which makes the scope of its application vague and
uncertain.
- Second, persons whose acquired agricultural
land was guaranteed or protected by bi-lateral agreement between the Government
of Zimbabwe and the government of a foreign country, is entitled to compensation
from the State for the land and any
improvements in accordance with that agreement. For these persons,
mainly foreign landowners benefitting from such agreements, they are entitled to
full compensation. Each of the farmers who were affected may therefore have to
check and determine of they fall within this privileged class of farmers who are
entitled to full compensation.
- Finally, any other person whose agricultural
land was acquired by the State is entitled to compensation from the State only for improvements that were on the
land when it was acquired. This means if you are not an “indigenous Zimbabwean”
or a farmer whose land was protected by a bi-lateral agreement, you are
basically restricted only to compensation for improvements. The thinking behind
this is probably that those who are not “indigenous” enough or are not protected
by bi-lateral agreements, are beneficiaries of colonialism and compensation
should only be for improvements, with any claims for land being directed at the
former colonial power.
However, closer analysis demonstrates that this
categorisation for purposes of compensation is too simplistic and punishes
otherwise innocent parties whose only weakness is that they are either not
“indigenous” or not protected by bi-lateral agreements. For example, it excludes
a person who bought agricultural land from another person under a “Certificate
of No Present Interest” issued by the Government. The law after independence was
that a person wishing to sell land had to make the first offer to the
government. The government had the right of first refusal. The government could
accept the invitation and buy the land or it could issue a Certificate of No
Present Interest, essentially saying it did not have interest in buying the
land. This meant the land could be sold to the buyer. Now, this person may have
no link or connection whatsoever to colonialism and the policies that led to
imbalances. He could be a person from Austria who chose to come to Zimbabwe and
bought land on the open market. Now, if the land was not protected under a
bilateral agreement between Austria and Zimbabwe, this person is exposed to land
acquisition without compensation. This is notwithstanding that when he bought
the land the Government of Zimbabwe gave him the go-ahead to buy – paying for
both land and improvements. Refusal to pay full compensation to such a person is
hard to justify or defend.
Inconsistency in Compensation
Provisions
There is also the challenge of reconciling
provisions for compensation under Chapter 16 and provisions for acquisition
under Clause 4.29 in the Bill of Rights. As we have observed, there is no
provision for compensation for land for compulsory acquisition under Clause 4.29
and Chapter 16 only applies to land acquired “before the effective
date”, that is, land acquired before the adoption of the Constitution when
the new Constitution becomes operational. What this means is that even for an
“indigenous” person or a person whose land is protected by bi-lateral
agreements, if land is acquired after the effective date, there will be no
compensation for the land whereas by contrast if the land was acquired before
the effective date, they would be entitled to compensation for it under Chapter
16. It means even for these privileged persons, they are better off if their
land is acquired before the effective date of the Constitution than if it is
acquired afterwards. The rationale for this differential treatment is not clear
nor is its justification.
Security of Tenure
Clause 16.4 protects the continuing rights of
persons currently occupying or using agricultural land under a lease or other
agreement with the State. Clause 16.5 states further that the State must take
appropriate measures “to give security of tenure to every person lawfully owning or occupying
agricultural land”. This is important for two reasons:
- First, it enjoins the state to ensure that
there is security of tenure in agricultural land. It makes economic sense to
protect security of tenure in agricultural land. It assists in accessing the
finance and credit markets while also giving greater incentive to farmers to
engage in long term, sustainable and capital intensive farming.
- Second, in referring to lawful ownership, the
draft Constitution confirms that not all agricultural land will be state land.
It is an acknowledgement that there will be agricultural land which can be
“owned” by individuals. Indeed, Clause 16.6 provides that the State “may
alienate for value any agricultural land vested in it, whether through the
transfer of ownership to any other person or through the grant of a lease or
other right of occupation or use …” Owners or occupiers will also be
allowed, subject to any limitation imposed by the law, “to transfer,
hypothecate, lease or dispose of his or her right in agricultural land”.
Retaining the possibility of ownership of agricultural land and the ability to
exchange or transfer rights is important for the value of agricultural land as
well as accessing the finance and credit markets. Accessing such markets is
important for investment in agriculture which could boost financing and
productivity.
- Nevertheless, because of Clause 4.29, which
allows the State to acquire land by merely publishing a notice in the Gazette,
it means that the ownership rights that the State may confer will still be very
limited. Persons will always be at risk of losing their “ownership” rights by
the mere act of publication of a notice; they will not be entitled to challenge
the decision in the courts of law – these factors and more negate the very
purpose for which ownership may be conferred. It’s fair to say that ownership of
agricultural land purportedly provided for in this clause is no more than
illusory.
Multiple farm
ownership
Clause 16.6 also reaffirms the commitment to
prevent multiple farm ownership. It states in paragraph (2) that the State “may
not alienate more than one piece of agricultural land to the same person and his
or her dependants”. This remains a serious problem in the aftermath of the FTLRP
and calls for a land audit to fulfil the “one-person one farm” principle have
not yielded results. Whether or not this succeeds will depend on the Land
Commission created under Chapter 16 part of whose mandate is to carry out land
audits and promote fair and equitable land redistribution.
Conclusion
The provisions on agricultural land are
reflective of the continuing challenges relating to the Land Question. They are
largely a reflection of the position that has been taken over the years,
particularly since 2000 in respect of agricultural land. However, the
inconsistency between the idea of conferring ownership rights and retention of
the overriding power of the state to acquire land by the mere act of publication
of a notice and the denial of access to the courts also demonstrate policy
inconsistencies over the Land Question. The different approaches to land
acquired before and after the effective date, even from the specially privileged
indigenous or foreign persons protected by bi-lateral agreements also
demonstrate policy inconsistencies on this important question. Like the
Lancaster House Constitution, these clauses do little to resolve this perennial
difficult question.
waMagaisa (2012)
This information reflects my personal views
and not the views or opinions of any person or organisation with whom or which I
may be remotely associated. Anyone who wishes to use this information
commercially or otherwise, should seek my express permission prior to using it,
and may be asked to make a modest contribution to charity for use of this
material. Email: wamagaisa@yahoo.co.uk
Reflecting on Zimbabwe’s
constitution-making process
August 8th, 2012
“A constitution is not the act of a government,
but of a people constituting a government” – Thomas Paine
“The Constitution, like the Bible, has some good
words. It is also, like the Bible, easily manipulated, distorted, ignored and
used to make us feel comfortable and protected. But we risk the loss of our
lives and liberties if we depend on a mere document to defend them. A
constitution is a fine adornment for a democratic society, but it is no
substitute for the energy, boldness and concerted action of the citizens.” –
Howard Zinn
After the violence, and political struggle of
the last decade, and thirty years of one-party rule, Zimbabwe has embraced
coalition government and the multi-party sharing of power. Establishing the
conditions for the sharing of that power, the Global Political Agreement (GPA)
was fostered by the ‘quiet diplomacy’ of former South African President Thabo
Mbeki and the Southern African Development Community (SADC). Since the adoption
of the GPA, and as it dictated, Zimbabwe has undergone a participatory
constitution-making process the culmination of which is a new draft constitution
for its people to adopt or reject by referendum, lead by the Constitutional
Parliamentary Select Committee (COPAC). The following report will provide an
outline of this process, the constitutional inheritance against which it was
undertaken, and the successes, failures, and prospects of participatory
constitution-making in Zimbabwe. We will briefly examine some general issues of
constitutional law and theory prominent in discussion of Zimbabwe’s
constitutional change, alongside key historical and legal issues that provide
the backdrop for this change. We will then cover the constitutional drafts
available to Zimbabwe in recent years and their backgrounds, and finally the
workings of the process itself.
You can download
the full length article, by Sokwanele, from
this link here
This entry was
posted by Sokwanele on Wednesday, August 8th, 2012 at 11:23
am.