12 December, 2010 10:38:00 Africa Legal Brief
The aging Zimbabwean dictator Robert Mugabe is to set up a commission of
inquiry that will assess the security threats posed to the country by the
stunning wilileaks revelations, a Zanu PF source said, but those in the know
say basic elementary law will tell you that you won't take internet evidence
floated around in the media for treason charges.
A Zimbabwe Mail reader said: "I can hire a website designer to develop a
website and post documents just as on wikileaks and label them as minutes of
the Zanu PF politburo . They will contain proper formatted minutes with
dates ,attendees,agenda amongst other items."
"The minutes will discuss the planning of murders of opposition members and
also murders already done by state securities agents under the instruction
of the Junta amongst other atrocities."
"If wikileaks documents can be accepted in court just by downloading them on
the internet then any documents against Zanu should also be acceptable."
"They can only be disqualified if proven not to be original. In such a case
the original Politburo minutes will be required and this cannot be. The same
applies for wikileaks. We need original cables from the US embassy."
"In Pakistan, a number of newspapers have been caught publishing fake
"So you think the USA will provide this to you?
"Very stupid Zanu PF thugs", he said.
"The case is buried and that's it"
Zanu PF source said, the commission will also assess whether any laws were
broken as the American government through its US Embassy in Harare sought to
effect regime change in the country with the help of some Zimbabweans.
Legal experts said the commission should assess the impact of the
revelations on the country’s national economic interest, national security
and the broader public interest issues.
“The commission should determine whether any laws were broken and by who and
recommend the legal course of action to be taken. The commission should
advise the Government on how to respond to the cables published by
WikiLeaks,” said a top legal expert who refused to be named.
Another legal expert who spoke on condition of anonymity said it was
possible for President Mugabe to set up a commission of inquiry to
investigate Mr Tsvangirai on treason charges.
“He (Mr Tsvangirai) took an oath of office which does not permit him to
commit the treasonous offence he has committed. President Mugabe has an
obligation to set up a commission of inquiry,” he said.
“Mr Tsvangirai has shown to the whole country that he has his own agenda
against the country’s economic interests and the people of Zimbabwe. His
private calls for more sanctions against the same country of whose
Government he is a member.” He added: “There is a clear indication that Mr
Tsvangirai was from the outset against the prosperity of the nation as a
“In the event that President Mugabe sets up a commission of inquiry, it will
be made up of legal, financial and political experts who will give the
President opinions on the treasonous offences committed by Mr Tsvangirai.”
The legal expert, however, hinted that there were chances that Mr Tsvangirai
was violating the country’s Constitution knowing fully well that the GPA
provided for the post of Prime Minister.
A top official in the Attorney-General’s office said Mr Tsvangirai deserved
“The people of Zimbabwe should not only look up to President Robert Mugabe
to take action against Mr Tsvangirai, as it is now clear to them that he
committed treason and should be charged by the laws of the land and the
people. Sanctions imposed by the West have crippled the entire economy and
Mr Tsvangirai as a member of the Government and the Executive goes behind
its back to ask for more sanctions that will hurt ordinary Zimbabweans, it’s
It is every citizen’s obligation to uphold the laws of the country but when
a Prime Minister breaks the law he should be arrested and brought before the
courts,” said the official. He said there was urgent need for Mr Tsvangirai
to make a public apology, since his actions are causing untold suffering
among Zimbabweans. The legal experts rapped the US Embassy in Harare saying
the revelations by WikiLeaks showed that the mission has over the past
decade been trying to effect regime change instead of promoting
international relations between Harare and Washington.
“The embassy has been here and continues to be here for the past decade to
effect regime change using the MDC as the principal tool. There are more
cables to come and we are expecting worse things but one thing that is
consistent so far is the regime change agenda by the US government,” said
The expert said even other US embassies in Sadc and even East Africa were
working together with the Harare Embassy to effect regime change. Zanu-PF
Politburo member Dr Sikhanyiso Ndlovu said the WikiLeaks shocks are nothing
but a major revelation of treasonable acts.
He said the WikiLeaks cables also prove what Western imperialists have
sought to achieve since the country attained independence.
“WikiLeaks cables are nothing but a major revelation of treasonable acts,
which should not be taken lightly by a sovereign state and its people,” he
“Since 1980, when the country gained its independence, America and Britain
have never put to rest their agenda of toppling Zimbabwe’s democratically
“The WikiLeaks cables confirm what we learnt during the armed struggle about
imperialists’ infiltration and the use of counter-revolutionaries through
embassies in different countries.”
In one of the cables published by WikiLeaks Mr Tsvangirai is said to have
called for the partial lifting of sanctions — “without giving the impression
that we are rewarding lack of progress or bad behaviour”.
Another cable dated July 13 2007, reveals that the US has been working with
the MDC-T to effect regime change in Zimbabwe. Former US ambassador to
Zimbabwe Mr Christopher Dell wrote to Washington saying th MDC-T was not an
“ideal” conduit to its programme, as it lacked able leaders.
He said there was no opposition to Zanu-PF and President Mugabe. The
communication — titled “The End is Nigh” — to the US State Department and
other diplomatic missions was on July 13, 2007 and gave Dell’s assessment of
how the 2008 elections were likely to go. Dell said MDC-T leader Mr Morgan
Tsvangirai was, however, useful for American purposes in Zimbabwe.
He lamented: “Zimbabwe’s opposition is far from ideal and I leave convinced
that had we had different partners, we could have achieved more already. But
you have to play the hand you’re dealt.”
Dell said the MDC leadership had little executive experience and would
“require massive hand-holding and assistance should they ever come to power”.
Dell described Mr Tsvangirai as a “flawed figure” who was “not readily open
to advice, indecisive and with questionable judgment in selecting those
“He is the indispensable element for opposition success, but possibly an
albatross around their necks once in power. In short, he is a kind of Lech
Walesa character: Zimbabwe needs him, but should not rely on his executive
abilities to lead the country’s recovery.”
Walesa, also a former trade unionist, was largely built up by the West to
take charge of Polish politics in opposition to communism during the Cold
HARARE, December 12, 2010 – The Co-Minister of Home Affairs Theresa Makone
says she is sick and tired of protecting and dry cleaning corrupt public
officials in the inclusive government and wished her boss in the MDC-T party
Morgan Tsvangirai was the President so as to name and shame the culprits.
“I am sick and tired of sanitising and dry cleaning corrupt people in this
government. It is about time we should deal with corruption but there is no
collective effort in this regard. I alone cannot eradicate corruption
because it needs national effort. It needs political will starting from the
executive cascading downwards. As an individual I am committed to dealing
with corruption once and for all, be it naming and shaming or expelling
corrupt government officials, but it takes more than the Minister of Home
Affairs ,it takes the whole cabinet to fight corruption.
“If Morgan Tsvangirai was the President today I could move on anyone, I mean
anyone. No one would be beyond the reach of rule of law. The reason why this
country’s economy deteriorated is because of corruption. We thought things
were going to change when we joined the government but unfortunately nothing
has changed, “she told Radio Vop in an exclusive interview in Harare on the
sidelines of a diplomatic golf tournament prize presentation by Prime
Minister Morgan Tsvangirai Saturday evening.
Minister Makone said she is facing stiff resistance from ZANU (PF) senior
officials in addressing corruption.
“There is a sense of impunity that pervades the whole government, because
the people that ruled this country for the past three decades have not been
able to arrest public officials, or to try to address the problem or bring
justice to perpetrators of corruption, therefore these people feel protected
and as long as that political protection exists, what I might want to do as
Home Affairs minister becomes useless, “she said.
According to records unveiled by Transparency International Zimbabwe,
Zimbabwe is number 134 out of 178 most corrupt countries being the second
worst corrupt country in Southern Africa, and has scored 2,4 out of 10
points on fighting corruption a figure which shows that nothing is being
done to curb corruption. On the global integrity index the country scored 33
out of 100 in terms of implementation of anti-corruption measures.
Written by MDC Information & Publicity Department
Monday, 13 December 2010 06:03
The MDC fully subscribes to the calls by the United Nations Convention on
Anti-Corruption (UNCAC) that all public office bearers should declare their
assets to promote transparency, honesty and accountability of public
Corruption is a cancerous infection that has far reaching consequences and
mainly affects the ordinary man on the street. In the past decade,
Zimbabweans have watched as their natural resources have been plundered. New
minerals have emerged which had meant to bring back social and economic
prosperity to the public but all these have proved to be non existent as
political heavyweights from a particular political party grabbed and looted
these resources for their own use.
Transparency International Zimbabwe (TIZ) today commemorated the
international Anti-Corruption day at the Africa Unity Square in Harare.
Such commemorations come against a poignant and pitiful background in which
Zanu PF officials have plundered the country’s natural resources for
self-enriching projects in the name of indigenisation at the expense of the
people of Zimbabwe.
The people deserve better. They have the right to know who has what and how
they acquired these assets. As a party of excellence, the MDC has adopted
the Real Change Code of Ethics and Values, which is a declaration of assets
by the party leadership, as a gesture of achieving transparency and
In an MDC government, such corruption as exhibited by Zanu PF does not stand
a chance. We uproot the cancer before it spreads, which is why we advocate
that all corrupt elements in public offices be shown the exit door. The
people of Zimbabwe deserve real change, where public office bearers conduct
their duties in a manner that services the general public without exception.
By Tichaona Sibanda
13 December 2010
A Non Governmental Organisation in Manicaland province, Family Aids Care
Trust (FACT), has been hijacked by ZANU PF and is now distributing farming
inputs, medicines and bicycles to ZPF card carrying members only.
FACT has for years worked with the poor and the vulnerable in Manicaland
without looking at political affiliations, but that has changed in recent
MDC-T MP for Makoni South, Pishai Muchauraya, confirmed that FACT’s new head
in Makoni district, Potifer Guta a ZANU PF functionary, has purged all known
MDC sympathisers from the program, putting those receiving ARV’s at real
‘This man (Guta) has a natural hatred for the MDC. He was recently drafted
into ZANU PF’ security department and has effectively put the lives of so
many people at risk by excluding them from receiving badly needed medicines
like cotrimoxazole and ARV’s,’ Muchauraya said.
The MP claimed Guta recently indicated to one of their councillors in Makoni
that all MDC people would be removed from the FACT registrar and replaced
with ZANU PF supporters.
‘He has drafted in ZANU PF militia and war vets to replace MDC supporters.
About 32 health care workers in the district have also been fired because
they were appointed by an elected MDC councillor. Guta has told one our
councillors there is nowhere he would accommodate sellouts from the MDC,’
the MP said.
The legislator added that when Guta was drafted into ZANU PF, he pledged to
donate bicycles to the party for use during the forthcoming election
‘What he has simply done is remove the 32 health care workers and replace
them with war vets, youths and the militia. The bicycles were meant for the
workers but have been diverted to ZANU PF. We want the people who fund FACT
to know this and carry out an investigation. We have all the proof,’
The MP said FACT is funded by NGO’s from Germany, Canada and also from
UNICEF. One of the NGO’s is Action Aid International, which has offices in
Rusape and Harare.
On its website, Action Aid says it is an international anti-poverty agency
working together with poor people to end poverty and injustice.
In Zimbabwe the organisation works with local partners like FACT, who are
supposed to help the poorest and most vulnerable.
‘All we ask from these organisations is to carry out an audit of their local
partners, especially here in Rusape and see if rules are being followed. You
cannot exclude the poor and vulnerable from a project that seeks to uplift
their lives because they hold different political views from the person that
leads the program in the area,’ MP Muchauraya said, adding he’s making
efforts to identify organisations funding FACT so he could have meetings
SW Radio Africa sent an e-mail to Action Aid Zimbabwe querying the
allegations raised by MP Muchauraya. At the time of our broadcast, we had
not yet received a reply. We will continue to try to get in contact with
By Alex Bell
13 December 2010
An MP for Somabhula who has been trying to take over the property of an
elderly farming couple, has forced his way back onto the land after being
evicted by the courts earlier this year.
MP Jabulani Mangena has led a campaign of harassment, vandalism and violence
against Philip and Ellen Hapelt and their workers, claiming he has an offer
letter entitling him to their Grasslands farm. Late last year the Hapelts
were brutally beaten by a gang of thugs, in an attack the family believes
was meant to drive them from their farm.
The Hapelts many years ago voluntarily gave up the majority of their land
for the sake of ‘reform’, under an agreement that would allow them to remain
on their homestead with a small portion of farming land. They already have
two court orders that entitle them to live on the farm without fear of
invasion or persecution, and in September Mangena was finally evicted after
numerous eviction orders.
But Mangena is once again openly disregarding the courts and this weekend
returned to the property, threatening the couple for not leaving the farm.
The couple’s daughter Lauren told SW Radio Africa by text message on Sunday
that Mangena “has invaded the Hapelts’ farm in direct contravention of the
court order evicting him from the farm.” Lauren also wrote: “My folks are
Lauren on Monday explained what happened, detailing how Mangena and his
“henchman” broke onto the property while the Hapelts were at church. The MP
started moving his cattle and workers back onto the farm, after breaking
down a fence. When asked who gave him permission to return after being
evicted in September, he told the Hapelts “I gave myself permission.”
The Hapelts have asked the police for assistance, but Lauren explained that
the police refuse to get involved in what they call a ‘political situation’.
Lauren said her family are going to explore the full legal route again,
including trying to get another eviction order. But she said without the
police’s support, an eviction won’t take place.
“My parents are not coping well, they’re devastated. They are frightened for
themselves and for their workers, and they just want to carry on their lives
as normal,” Lauren said.
Chimanimani, December 13 2010 - A Movement for Democratic Change activist in
Zhombeni area here, Donald Sithole has been fined a beast by the local
headman for allegedly putting up his party's posters in the area while in
another incident an MDC minister faces arrest for refusing to pay road toll
Sithole, an MDC activist was last week dragged at headman Saurombe’s
traditional court after Zanu (PF) supporters who had seen him putting up MDC
posters calling for a meeting reported him to the kraalhead.
The chairperson of the MDC in the area, Lameck Chishakwe said Sithole had
been given two weeks to pay the beast or risk being banished in the area.
Chishakwe said the headman said the MDC was not welcome in his area and
anyone who was seen trying to campaign for the party will be punished.
"For putting the posters Sithole was fined a beast which he should surrender
to the chief before Christmas,” said Chishakwe.
Chishakwe said Sithole was part of the MDC youths who were putting posters
in the area alerting party supporters about a meeting which was supposed to
be addressed by local MDC- Member of Parliament, Lynnette Karenyi.
Two weeks ago the headman forced villagers to attend and buy Zanu (PF) party
cards in the area. One of the villagers among the gathering contacted
Karenyi through her mobile phone advising her about the issue. The
legislator swiftly raised alarm to the police who immediately stopped the
Blessing Nyamaropa of the Zimbabwe Lawyers for Human Rights (ZLHR) in Mutare
said actions by the the headman were illegal.
“What the headman has done is a violation of Sithole’s rights to support a
party of his choice. We urge him to keep a record of the proceedings and the
headman’s acknowledgement of the beast. If the issue is formally brought to
our attention we will certainly act as human rights defenders ,” said
The headman could not be reached for a comment.
Meanwhile an MDC deputy minister belonging to the Morgan Tsvangirai faction
Tongai Matutu faces arrest for refusing to pay the US1 road toll fees along
the Masvingo - Bulawayo Highway on Friday.
Matutu who is Deputy Minister for Youth Empowerment and Indigenisation
refused to pay the toll fees while on his way to Bulawayo.
Masvingo police spokesperson Inspector Tinaye Matake confirmed the
development saying:“We want to arrest him for assaulting ZIMRA (Zimbabwe
Revenue Authority) officials and subsequently refusing to pay the toll gate
fee at Mhandamahwe last Friday. We consider the crime serious since Matutu
is a minister who should lead by example.”
Matutu is also among the six MDC-T MPs who are wanted for intimidating Zanu
(PF) supporters who had gathered for a rally in Bikita around August this
His lawyer Douglas Mwonzora told Masvingo Magistrate Oliver Mudzongachisvo
who convicted Matutu that all the crimes levelled against his client were a
political ploy by Zanu (PF) to thwart MDC-T in the province.
Matutu is considered to be the strongest MDC –T strategist in Masvingo who
crafted ideas which saw the first ever defeat of Zanu (PF) in 14
“Matutu is feared for what he has done so far. As a lawyer who freely
represents MDC-T activists and a vibrant young politician, obviously Zanu
(PF) is baying to see him being crucified,” said an analyst who refused to
Matutu was also recently convicted of assaulting Chief Serima.
13 December, 2010 02:48:00 Eye Witness News
The Zimbabwe Youth Wing has called for President Robert Mugabe to face
charges of crimes against humanity in The Hague and for the United Nations
to monitor elections in the country.
A handful of activists handed over a human rights declaration to the U.N.
offices in Pretoria on Monday. The organisation accused Mugabe’s regime of
creating poverty for members of opposition parties, while allowing the
Zanu-PF political elite to prosper.
The youth wing’s Brian Mzuringa said the organisation wanted the U.N.
Security Council to intervene and called for free and fair elections.
“We expect the U.N. to be responsible for entirely everything in terms of
monitoring,” he said.
HARARE, December 12, 2010- As calls for an early election grow louder, the
country’s civic society groups want government to launch a countrywide
investigation into politically motivated rape cases against women.
The Zimbabwe Association of Doctors for Human Rights (ZADHR) and the
Research and Advocacy Unit (RAU) said in a report released at the weekend
that the government should focus on the prosecution of political criminals
to avoid a repeat of similar crimes in future.
“It is important for Zimbabwe to set up a multi-sectoral investigation into
politically motivated rape in Zimbabwe led by the Ministry of Health and
Child Welfare, together with the Ministry of Labour and Social Welfare, the
Ministry of Home Affairs and the Ministry of Justice and Legal Affairs,” the
groups said in the report.
“There should be no impunity for perpetrators of violence. Cases of rape
should be investigated and prosecuted in keeping with the law.”
The groups said the report aims to provide a detailed description and
assessment of alleged cases of politically motivated violence.The study
concluded that politically motivated rape has been occurring in Zimbabwe
over the last ten years. It said the violence has come in different forms
such as gang rape and insertion of objects such as bottle sticks into the
women’s genitalia but that was much more prevalent in 2008.
“A distressingly high number of the rape took place in public or near the
victim’s home and witnessed by the victim’s family and children,”
the report stated.Furthermore the report says most of the women who were
raped did not receive appropriate care for the trauma they went through.The
women also exhibited symptoms of post traumatic stress disorder (PTSD) and
psychotic disorder. Some also displayed high levels of sleeplessness,
nightmares, flashbacks and hopelessness.Several people were killed during
the hotly disputed presidential and parliamentary elections in 2008.
The perpetrators of the violence were never brought to justice.The Crisis in
Zimbabwe Coalition (CZC) last year named top military commanders whom it
said were behind a ruthless campaign to keep President Robert Mugabe in
power which left scores of villagers dead and thousands displaced.
Written by Crisis in Zimbabwe Coalition
Monday, 13 December 2010 16:20
The Crisis in Zimbabwe Coalition joins the world in commemorating the 16
days of activism against gender based violence and calls upon the inclusive
government to urgently dismantle structures of violence which have been used
to instigate politically motivated violence against women. The Coalition
demands that perpetrators of these abuses should be prosecuted ahead of any
possible election. Thousands of women have lost their homes and families
during political instability and were physically, psychologically and
sexually abused by suspected youth militia and state security apparatus.
Inspite of the formation of the inclusive government in 2009, structures of
violence remain intact and perpetrators of violence remain free, while their
victims are subjected to further victimisation. The use of structures of
violence in perpetrating the abuse of women in the country is systematic and
dates back to pre- independent Zimbabwe. There are thousands of women who
were raped before and after independence, some of them contracting sexually
transmitted diseases while others were forced to mother children whose
fathers they never knew. It is common cause that rape does not only scar the
survivor physically but also psychologically and emotionally. Despite the
cases of rape as a political tool reported and recorded, the inclusive
government of Zimbabwe remains mum on the abuses, ignoring the plight of the
victims for judicial recourse or dismantling the structures responsible for
instigating these abuses.
The use of rape during key national political processes and the culture of
impunity embedded in Zimbabwe’s political environment, continues to deprive
women of their right to participate in key national processes. Zimbabwe is a
state party to the Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW) which states, under Article 7 that
‘State Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the country
and, in particular, shall ensure to women, on equal terms with men, the
right a) To vote in all elections and public referenda and to be eligible
for election to all publicly elected bodies...’ The use of violence targeted
against women has ultimately led to increased fear among females to
participate in national elections and other political processes, negating
the aforestated rights that they ought to enjoy.
As the country moves towards a constitutional referendum and possible
elections in 2011, there is need for the inclusive government to dismantle
the structures of violence and protect the right of women to participate in
national processes by apprehending perpetrators of violence and arraigning
them before the courts of law. The continued existence of structures of
violence in Zimbabwe’s body politic, and the continued unwitting promotion
of the culture of impunity will lead to continued women’s rights abuses and
further entrenchment of perpetration of violence against women.
The Coalition demands that the inclusive government;
1. Dismantles the infrastructure of violence as exemplified by youth
militias, bases and partisan conduct from members of the security and
2. Probe allegations of politically motivated violence with the view of
apprehending perpetrators before possible elections in 2011
3. Create a conducive environment for women to participate in national
processes particularly as the nation moves towards the constitutional
referendum and possible elections in 2011.
During this year’s 16 days of activism against gender based violence, The
Coalition has also conducted an internal scan with the view of making civics
space safe for women by avoiding unwitting or unintended structures of
violence against women. The Coalition urges other civics, political parties
and social movements to follow suit, in order to ensure that people’s
organisations do not become the beasts that they are fighting.
Issued by: Crisis in Zimbabwe Coalition
1. Phillip Pasirayi, Spokesperson, Mobile: +263 772697782
2. Jonah Gokova, Chairperson, Mobile: +263 772214757
3. McDonald Lewanika, Director, Mobile: +263 772127398
Email: email@example.com, firstname.lastname@example.org
Harare, December 13, 2010 - Zimbabwe needs to urgently come up with a Mining
Development Policy in order to benefit from foreign investment said David
Matyanga, Mineral Economist and Technical Advisor of the Chamber of Mines of
Matyanga told Radio VOP that currently the country did not have a Mining
Development Policy and this was "seriously affecting both progress and
investment" especially from the international world.
"Zimbabwe has operated without a Mining Development Policy for too long,"
"This document can help inform all stakeholders where the industry is going
during the tenure of the policy document. It will also clarify government
intentions and focus on mineral development for the benefit of the industry
which had almost come to a standstill about two years ago."
He said the government should also deal with the Mines and Mineral
Amendments because they were scaring away potential investors who did not
want to see their hard earned finance go down the drain.
"This will provide a greater sense of security to investors," Matyanga said.
"The management of mining titles will also be dealt with here. The
amendments being proposed affect the management of mining titles."
He said the law gives the conduct of business in the mineral sector.
"The government also needs to finalise the modalities of the Indigenisation
and economic Empowerment Act," he said. "There must be greater clarity on
how this policy will be implemented because this also affects investment
since decisions must be made quickly now.'
Matyanga said going forward government needs to help solve the electricity
crisis facing the mining industry as time was being lost when there is no or
"The issue of electricity and that of liquidity need to be addressed
urgently for us to go forward," he told radio VOP.
By Irene Madongo
13 December 2010
A group of university students who were thrown into prison for participating
in a demonstration in 2008 want to have their arrest declared illegal, after
a ruling in another case by the Supreme Court last month declared that the
arrest of demonstrators was not lawful.
In November this year the Supreme Court declared that the arrest of two
leaders of Women of Zimbabwe Arise (WOZA) during a demonstration in 2008 was
illegal. Now the five students are hoping that their arrests will be judged
similarly. They were charged under Section 37 of the Criminal Law
Codification and Reform Act for disturbing the peace, which is the same
charge that the WOZA pair were landed with.
On Monday SW Radio Africa’s Bulawayo correspondent Lionel Saungweme said:
“The students want an appeal to be heard with the Supreme Court. They were
apprehended by the anti-riot police in a very brutal fashion. They were
beaten, spat on and kicked,” he says.
“The anti-riot police were backed by the Central Investigations Department’s
Law and Order officers. These people assisted the anti-riot police squad
with the physical identification of the students during the demonstrations.”
On 11 November 2008, Melusi Hlabano, Sheunesu Nyoni, Samson Nxumalo, Brian
Mtisi and Archford Mudzengi, all members of the Zimbabwe National Students
Union, were arrested for participating in a political demonstration in
Bulawayo. At the time there were countrywide demonstrations organized by the
National Constitutional Assembly and the Zimbabwe Congress of Trade Unions,
calling for an end to the ongoing political crisis. They students were
released after two days but charges were not dropped. Since then their case
has been repeatedly postponed.
On Monday they appeared before the Magistrate’s Court to request that their
case be brought before the Supreme Court. The students say it is the 45th
time they have appeared in court since proceedings started in 2008. They
added that the whole process has affected them psychologically and is
nothing more than a strategy by the state to frustrate them.
The case of these five students further highlights how the heavy handed
Zimbabwean police force continues to harass and arrest students, alongside
civil activists and other groups, who organise or participate in
This year alone scores of students have been arrested since the beginning of
the year, as the government continues to suppress any form of protest. In
March this year around 33 students were arrested around the country after
they staged a series of demonstrations protesting high tuition fees and the
political deadlock in the country. In August more arrests were reported,
including those of leaders from the students union, following a
demonstration over the increase in fees.
In October students presented a list of grievances to Prime Minister Morgan
Tsvangirai, following a class boycott countrywide which called for reforms
in the education sector. The students said Tsvangirai admitted that ZANU PF’s
Higher Education Minister Stan Mudenge was failing to adequately deal with
student grievances, but said he was limited in what he could do to help
their plight as the MDC was not in full control of the government.
Masvingo, December 13, 2010 - Six children succumbed to hunger related
diseases in Chikombedzi’s Mlanguleni and Boli villages last week amid
reports that girl children below the ages of 18 years were being married off
as starvation wrecks havoc in the arid low-veld district.
Villagers interviewed by Radio VOP claimed girl children below the age of 18
years were being married off to elderly men, mostly foreigners from
neighbouring South Africa in order to get money to buy food.
“The situation is dire our children will perish if we do not get help from
our government and humanitarian aid groups in the country. Peoples are using
desperate means of getting grain to feed their families like trading their
daughters which is so bad considering the children rights as most of these
young girls will be below the age of 18,” said Thomas Chauke from Old Boli.
Health officials in Chikombedzi told VOP during a visit over the weekend
that the children died of malnutrition and kwashiorkor as availability of
food in the district continued to be a nightmare to the majority of
villagers who had a poor harvest due to low rainfall received last
A senior nurse at Chikombedzi General Hospital said the children below the
age of 10 were admitted after they began to show signs of malnutrition and
lost their lives as the hospital was facing a severe crisis of drugs and
“Hunger situation here is getting worse, we have lost human lives of minors
over the past week due to starvation related diseases and we are likely to
lose more if government does not intervene immediately,” said Alice
Hlalangani nurse at the hospital.
She added that losing six children in a week was frightening.
Villagers said they were facing grain shortage to prepare the country’s
staple food sadza for their families in order to survive.
Some said they were trading their cattle in exchange of some few bags of
maize-meal but had since run out of livestock to give away.
Officials at the hospitals said a number of children were still admitted at
the hospital and slow reaction of help could cost their lives and add to
statistics of children dying of hunger.
Masvingo provincial medical director, Doctor Robert Madyiradima declined to
comment on Monday stating that they were still investigating the causes of
12 December, 2010 06:56:00 By
PRIME MINISTER Morgan Tsvangirai is focusing on more important matters
affecting the country rather than the leaked US cables on Zimbabwe, a senior
party official said yesterday.
Nelson Chamisa, the MDC-T spokesperson said Tsvangirai would not be
distracted from his duties by Zanu PF “functionaries” who were calling for
his resignation or arrest for alleged “treasonous offences”.
These included Professor Jonathan Moyo and former MDC national executive
member Gabriel Chaibva whom Chamisa yesterday described as a “certifiable
Among others, the two on Friday called for Tsvangirai’s prosecution saying
he was a traitor for holding conversations with US diplomats on ways to end
the Zimbabwe political and economic crisis.
Some of the leaked cables reveal that Tsvangirai discussed options on how
President Robert Mugabe could be removed from power.
But Chamisa yesterday said the revelations were merely “wikilies” with
neither basis nor credibility.
Rather than be obsessed with fiction, he said, Tsvangirai had more important
business to deal with.
“There are pressing issues in the country as we prepare for elections. We
can’t allow ourselves to chase shadows and shoot at straws. Tsvangirai wants
Zimbabwe to be free and democratic and nothing can distract him from that
Zanu PF has started cranking up the propaganda on Tsvangirai demanding
immediate resignation from Government and public life or face what it called
prosecution for a litany of treasonous offences he committed as detailed by
In an interview with State media, Tsholotsho North legislator Professor
Jonathan Moyo said: "There are only two things that could happen in any
civilised democracy, for him to resign not just from Government but public
life altogether. He must also be prosecuted for a litany of treasonous acts
against the State."
"The only questions about those two thi-ngs is not whether they should
happen but when they are going to happen," he added.
Prof Moyo said it was shocking to note that while in Government and having
taken an oath to uphold the laws of the country and as a Cabinet member, Mr
Tsvangirai continued to campaign for the retention of sanctions and for use
of unlawful means to cha-nge the Government.
"As early as 2000 he was actively asking the US to bring troops to Zimbabwe
to effect a coup," he said.
Former MDC infiltrator and member of the Central Intelligence Organisation
Mr Gabriel Chaibva echoed Moyo’s sentiments adding that it was treasonous
for Tsvangirai and his party to craft ZDERA and continue to call for the
retention of sanctions against Zimbabwe.
"This is treasonous and Tsvangirai should be held accountable for his
actions. The only sensible thing for him to do now is to resign because more
evidence is coming from WikiLeaks or those in the MDC-T must push him out
because he is a traitor and has become a liability to the people of
Zimbabwe. The quicker he goes, the better," Mr Chaibva said.
He said another alternative to rid the country of Mr Tsvangirai and his
party was to call for elections.
"There has never been a more compelling reason for elections than there is
to get rid of this political party. More importantly when we go for
elections, the people of Zimbabwe now know that this man (Tsvangirai) all
along has been working to advance the US and British interests in Zimbabwe.
"He never worked for the people of Zimbabwe and this explains why he has
been making senseless demands on the so-called outstanding issues. It has
been about usurping powers through the back door. Zimba-bweans must punish
him at the polls for who wants to associate with an American puppet," added
Another Zanu PF political analyst Mr Godwine Mureriwa said because of wild
shortcomings, Zimbabweans would deal decisively with Mr Tsvangirai through
the ballot box.
"The people of Zimbabwe will judge him at the polls," he said.
Harare, December 13, 2010 - Prime Minister, Morgan Tsvangirai on Monday
enjoyed a joke thrown by President Robert Mugabe about his party, Zanu (PF).
Morgan Tsvangirai leads the Movement Democratic Change main faction known as
At a ceremony to officially launch the One Stop Shop of the Zimbabwe
Investment Authority (ZIA) in Harare, President Mugabe said : "I just told
the MDC that as soon as we finish cutting the ribbon at the ZIA offices to
officially open the One Stop Shop, then we will gather at our (Zanu PF)
offices. As you know Zanu (PF) is also a One Stop Political Shop."
The Zanu (PF) Headquarters is situated just across from the ZIA offices
housing the One Stop Shop.
Tsvangirai, then immediately laughed at the joke made by the President soon
after he gave his official address to more than 400 invited guests at the
Harare International Conference Centre (HICC).
The event was attended by the "Who is Who" in Zimbabwe including members
from the World Bank, Botswana Government officials, Rwanda and also from
Mauritius. These three countries, Rwanda, Botswana and Mauritius, all have
similar and successful One Stop Shops in their countries.
In his address, President Mugabe urged his government officials to "honour
all investment proposals" and treat them speedily because this "is exactly
what this facility is all about".
The One Stop Shop intends to approve or disapprove, as the case may be, any
project within five days of reception from the 96 days that it currently
took to do so.
However, Deputy Prime Minister, Arthur Mutambara, said : "The One stop Shop
should instead approve projects within 24 hours and not the five working
days that you are talking about. This can be done and I don't see why not."
Tsvangirai said at the same occasion, Zimbabwe must ensure a stable
political environment and be consistent with its policies to attract foreign
"We must ensure a stable political environment. Investors from all over the
world will shy away from the perceived political risk," Tsvangirai said.
Mugabe said the One Stop shop will be able to articulate the indigenisation
and investment laws that are in the country which foreigners have to
Mugabe, however, said sanctions were hurting economic growth.
"This process should ensure that foreigners do not encroach into investment
areas reserved for locals in terms of our indigenisation and empowerment
programmes and some people might say this very law will drive away
investment, it doesn't. It might frighten them for a while but soon they
will come, " Mugabe said.
"The ultimate objective is to ease the doing business environment and make
it as hassle and bustle free as possible," he said.
"The establishment of the One Stop shop investment centre and of course the
immediate removal of sanctions, if that occurs at all, should therefore
allow us to climb to where we belong the top of the ladder."
Zimbabwe ranked 157 out of 183 countries this year in the United Nations
rankings on easiness of doing business. The country is currently under a
unity deal of Mugabe, Tsvangirai and Mutambara formed two years ago under
The talk of Zimbabwe going for elections next year has scared away potential
investors who were willing to invest in the country. Elections in the
country in the past years have been marred by violence and lack of respect
of property rights. No date has been announced for the polls yet.
The country's economy has been growing since the inception of the unity
government in February 2009. Last year the economy grew by six percent, this
year the economy is expected to grow by 8 percent while next year the
Finance Minister has predicted that the economy will grow by 9.3 percent.
BILL WATCH 51/2010
[12th December 2010]
The House of Assembly will sit again on Tuesday 14th December
The Senate has adjourned until Tuesday 8th February 2011
Recalled Senate Meets – No Further Rumpus over Provincial Governors
The Senate met on the 7th December, having been recalled to meet from that day on notwithstanding its November adjournment until 8th February 2011. The recall was ordered by Senate President Ednah Madzongwe, at the request of President Mugabe, in terms of Senate Standing Order 187, which permits her to recall the Senate during an adjournment if she is satisfied that the “public interest” requires it to meet. Business proceeded normally, without MDC-T Senators objecting to the presence of the provincial governors whose recent reappointments are not recognised by MDC-T. A party spokesman said that MDC-T Senators would not repeat their November blocking of Senate proceedings, because the provincial governors issue was now before the High Court and also being dealt with by SADC Facilitator President Zuma. At the same time he reaffirmed the party position that the governors’ reappointments were not constitutional.
New MDC-M Minister and Deputy Minister Sworn In
On 9th December President Mugabe swore in the new:
Minister of State in the Organ for National Healing, Reconciliation and Integration – Moses Mzila Ndlovu [MP for Bulilima West] [he fills the place of the late Gibson Sibanda, who died on 23rd August].
Deputy Minister of Foreign Affairs – Rabson Makhula [Senator for Nkayi] [he fills the post formerly held by new Minister Ndlovu].
The ZANU-PF National People’s Congress runs from 15th to 18th December. It will kick off with a politburo meeting on Wednesday the 15th in Harare followed by the main Congress in Mutare on the 17th and 18th.
On the House of Assembly Order Paper for this Week
Tuesday may be the House of Assembly’s last sitting day of 2010, as the ZANU-PF national congress commences the following day and in previous years Parliament has always adjourned to allow this event to take place.
Senate’s recommended amendments to Finance Bill: The main item of business will be consideration of three amendments to the Finance Bill recommended by the Senate on Friday. Under the special rules applicable to money bills the House of Assembly is not obliged to accept these recommendations, and the Bill can be submitted to the President for his assent either with or without the recommended changes, as the House decides. The recommendations are that members of the ZIMRA board, the Procurement Board and the Reserve Bank board should be restricted to sitting on only two statutory boards, rather than three as proposed by the Minister of Finance in the Bill.
Deposit Protection Corporation Bill: The Bill awaits its Second Reading. It envisages the setting up of the Deposit Protection Corporation and Deposit Protection Fund to provide for the compensation of depositors in failed financial institutions. This will replace the existing compensation scheme, which is spelled out in the Banking Act and in regulations made under that Act.
Other Bills: Progress on the three bills currently with the Parliamentary Legal Committee [PLC] [see below] is unlikely.
Other items: These include motions for discussion of adverse reports by the Parliamentary Legal Committee [PLC] on statutory instruments, motions on reports and the ongoing debate on the President’s speech opening Parliament in July.
In the House of Assembly Last Week
POSA Amendment Bill: Hon Gonese’s private member’s bill went through its Committee Stage, during which the House agreed to three amendments to the bill proposed by Mr Gonese. The amendments received a prompt non-adverse report from the Parliamentary Legal Committee and the Bill was then passed and transmitted to the Senate. The Senate’s adjournment until 8th February means that the bill cannot now become law this year. [Electronic version of bill as passed by the House available – please address requests to email@example.com.]
Fast-tracking Bills: On 25th November the House approved the fast-tracking of the money bills and all the other bills already on the order paper [see below]. The resolution also approved late-night and Friday sittings and the suspension of Questions on Wednesday. [Comment: Fast-tracking of Budget and other end-of-year business has become routine, but remains a deplorable practice, as it undermines well-established procedures designed to ensure proper consideration of Parliamentary business. Surely any government should be able to plan ahead. Also, the tradition of allowing a party congress to take precedence over Parliamentary work needs to be reconsidered.]
Money Bills: On Tuesday the debate on the Budget continued, with portfolio committee chairpersons reporting to the House following the post-Budget analysis carried out by the committees. The Minister’s allocations attracted much criticism and there were calls for changes. Hon Zhanda, chairperson of the Portfolio Committee on Budget, Finance etc. attempted to have the debate postponed until MPs had been able to meet the Minister of Finance for further discussion, but was ruled out of order by the Speaker. On Wednesday the Minister replied to the debate, putting up a spirited defence and pointing out that the whole Government had approved the Budget. On MPs’ calls for a larger allocation for constituency development funds he pointed out that 39 MPs had failed to activate their constituency funds this year. In the end, despite the rumblings of discontent, there was no backbench revolt and on Tuesday the Estimates of Expenditure for 2011, the Finance Bill and Appropriation (2011) Bill were passed without further debate. On Wednesday the Revised Estimates for 2010 and the related Appropriation (2010) Amendment (No. 2) Bill; [making adjustments to appropriations for 2010 as a result of revenue collections for 2010 having exceeded expectations] were passed without debate. The two money bills for 2011 and the Appropriation (2010) Amendment (No. 2) Bill were transmitted to the Senate.
· Energy Regulatory Authority Bill – the Bill passed its Committee Stage during which numerous amendments were made at the request of the Minister of Energy and Power Development. The PLC returned a non-adverse report on the amendments and the bill was passed and transmitted to the Senate.
Bills still in House
· Deposit Protection Corporation Bill [the PLC returned a non-adverse report on 9th December, clearing the Bill for Second Reading]
· Small Enterprises Development Corporation Amendment Bill [with PLC for report on its constitutionality prior to Second Reading]
· Criminal Law Amendment (Protection of Power, Communication and Water Infrastructure) Bill [with PLC for report on Committee Stage amendments]
· Attorney-General’s Office Bill [with PLC for report on Committee Stage amendments]
Motions: Discussion commenced on the report of the Public Service, Labour and Social Welfare Portfolio Committee on the operations of the National Social Security Authority [NSSA] and the report on the November session of the Pan-African Parliament.
In the Senate Last Week
Like the House of Assembly, the Senate approved the suspension of Standing Orders to enable pending business to be fast-tracked. It sat on Tuesday, Wednesday, Thursday and Friday before adjourning until 8th February 2011.
Budget Bills: The Senate received the three money bills from the House of Assembly on Wednesday. It passed Appropriation (2011) Bill and the Appropriation (2010) Amendment (No. 2) Bill on Thursday. On Friday it also passed the Finance Bill but recommended three amendments for consideration by the House of Assembly. [Note: Under the Constitution the Senate cannot amend a money bill but can recommend amendments which the House of Assembly is then free to accept or reject.]
International Agreements Approved: The Senate approved the following international agreements in accordance with section 111B of the Constitution:
· Agreement on the Establishment of the Zambezi Watercourse Commission
· Agreement on the Establishment of the Limpopo Watercourse Commission
· Loan Agreement between Government of Zimbabwe and Export-Import Bank of China relating to Zimbabwe’s 2G and 3G National Network Rollout Project being implemented by Net One
· Memorandum of Understanding on Co-operation on Water Supply and Wastewater Management Policy and Technology
· Agreement between Zimbabwe and South Africa for the Promotion and Reciprocal Protection of Investments [BIPPA]
Bills carried forward to February next year: The Senate adjourned without dealing with the following bills on its Order Paper:
· Zimbabwe National Security Council Amendment Bill [transmitted from the House of Assembly in November]
· POSA Amendment Bill [transmitted from the House of Assembly on 8th December]
· Energy Regulatory Authority Bill [transmitted from the House of Assembly on 9th December]
Bills Awaiting Introduction in Parliament
The following bills have been printed and gazetted, but have not yet been listed on the Order Paper for presentation in Parliament:
· General Laws Amendment Bill [gazetted 22nd October]
· National Incomes and Pricing Commission Amendment Bill [gazetted 5th November]
SI 154/2010 – Road Traffic Regulations – Postponement Not Gazetted
Despite confirmation by the Permanent Secretary in the Ministry of Transport that the commencement of SI 154/2010 would be postponed from 1st December until 1st June 2011, no statutory instrument has been gazetted making this postponement legally effective. This is of concern to non-compliant motorists. Veritas has been assured that the statutory instrument is being prepared and will be gazetted soon.
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied
BILL WATCH SPECIAL
[13th December 2010]
House of Assembly Portfolio Committees: 13th to 17th December
The following meetings are open to members of the public, as observers only, not as participants. [See note at the end of this bulletin on public attendance and participation at different types of committee meetings] As there are sometimes last-minute changes to the schedule, it is recommended that you avoid possible disappointment by checking with the relevant committee clerk that the meeting is still on and still open to the public. Parliament’s telephone numbers are Harare 700181 or 252936-55. [Names of committee clerks are given below]. If attending, please use the Kwame Nkrumah Ave entrance to Parliament. IDs must be produced.
Monday 13th December at 2 pm
Thematic Committee: Gender and Development
Brief on water and sanitation organisations in Zimbabwe.
Committee Room No. 3
Chairperson: Hon Chitsa Clerk: Mrs Khumalo
Tuesday 14th December at 10 am
Portfolio Committee: Local Government, Rural and Urban Development
Oral evidence from Harare City Treasurer Mbvumbi on Harare Water Account
Committee Room No. 413
Chairperson: Hon Karenyi Clerk: Mr Daniel
Thematic Committee: MDGs
Presentation on the 2010 MDG report from YET [Youth Empowerment Trust]
Government Caucus Room
Chairperson: Hon Chief Mtshane Clerk: Mrs Nyawo
Wednesday 15th December – no meetings open to the public
Thursday 16th December at 10 am
Media, Information and Communication Technology
Presentation from Mr Gwatidzo on the operations of private ICT stakeholders
Committee Room No. 413
Chairperson: Hon S. Moyo Clerk: Mr Mutyambizi
Public Attendance at and Participation in Committee Meetings
· Open to the public to attend as observers only: Portfolio and thematic committee meetings where oral evidence is being heard. Members of the public can listen but not speak. [As listed above.]
· Stakeholders by invitation: At some committee meetings stakeholders [and those who notify Parliament that they consider themselves stakeholders] are invited to make oral or written representations and ask questions. [These meetings will be highlighted in these bulletins.]
· Not open to the public: Portfolio and thematic committee meetings in which the committees are doing private business – e.g. setting work plans, deliberating on reports and findings, or drafting reports for Parliament, or when the committees make field visits. [Veritas does not list these meetings in these bulletins.]
· Public Hearings: When committees call for public hearings, members of the public are free to submit oral or written representations, ask questions and generally participate. [Veritas sends out separate notices of these public hearings.]
Note: Zimbabweans in the Diaspora can send in written submissions by email to firstname.lastname@example.org
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.