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U.S. Condemns Zimbabwe Violence Against Women's March

02 December 2006

Police attack peaceful marchers of Women of Zimbabwe Arise (WOZA)

Washington – The United States condemned police violence against a peaceful march by the women's rights organization WOZA – Women of Zimbabwe Arise – which resulted in injuries and the arrest of more than 70 individuals.

The Department of State on December 1 called the action a "brutal reaction to this peaceful effort of Zimbabwean citizens to exercise their rights," and called for the immediate release of those still under arrest.

The United States has continued to condemn the Zimbabwe government of Robert Mugabe for its human rights violations and gross economic mismanagement. In February 2005, for example, Deputy Assistant Secretary of State Thomas Woods called Zimbabwe "a textbook case of bad and illegitimate governance." (See related article).

This year, the United States government and American labor organizers denounced attacks against the Zimbabwe Congress of Trade Unions. "The government's actions against those wishing to protest on behalf of greater democracy, better wages and access to treatment for AIDS sufferers is another example of its denial of the basic rights of its citizens," State Department spokesman Sean McCormack said on September 15. (See related article.)

The full text of the statement on Zimbabwe's women's right demonstrators can be found on the State Department Web site.

For more information on U.S. policy, see Africa.

(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)


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How We Met: Anna Chancellor & Thabitha Khumalo

Independent, UK

'At home I am an enemy of the state, here Anna is a shoulder to lean on'
Published: 03 December 2006
Thabitha Khumalo is the vice president of the Zimbabwe Congress of Trade
Unions and this year won UK Woman of the Year. Khumalo, 46, has just
launched the campaign Dignity.Period! with Action for South Africa (ACTSA).
She lives in Bulawayo, Zimbabwe.

The moment I saw Anna's face I recognised her from the movies. My stomach
was churning, but as soon as she sat down she was warm and friendly.

Our first meeting was at a coffee shop in London. ACTSA had contacted Anna
in order to help raise awareness of some of the health issues affecting
women in Zimbabwe. We sat down together and I explained to her that the
average minimum wage for a woman in my country is £12 per month, and yet a
box of 10 tampons costs £3. What woman in her right mind would rather spend
money on tampons rather than on basics like food? The female life expectancy
is now 34 years: and they are dying from preventable infections. Anna was
horrified.

Anna told me that when she was in Zimbabwe she got very sick, and the couple
she was staying with looked after her until she got better. They became good
friends, so I think she felt she wanted to give something back. It so
happened that I also knew the farm where she had stayed, and when I told her
that it had been repossessed and all the people displaced, it broke her
heart. She started crying and I did too.

From that moment our friendship blossomed. Every time I came to the UK I
would call her and we would go to the theatre, or just chat over the phone.
Eventually we managed to organise a fundraising event with her friends from
the film industry. It was beyond words. The lights, the decorations, the
most beautiful women in the most beautiful gowns - it was a different world
for me. I was mesmerised.

Although our lives are very different, Anna and I have a very strong
connection. We are both go-getters with a lot of determination and energy.
Like me, she is also a single mother, which can be a huge challenge. So even
though we come from different environments, we are sort of in the same boat.

When I compare our two worlds, it amazes me that they can co-exist and I
think that is why our friendship is so important. I come from a place where
I have no rights, or freedom of speech. It's survival of the fittest. I have
to learn from what I have seen of Anna's world so that we can work towards a
better Zimbabwe.

In the UK I feel like a human being again, whereas at home in Zimbabwe I can
feel isolated. At home it's difficult for me to have friends because I am an
enemy of the state and people are petrified to be seen to be talking to me.
Here, you have no time to cry because you have always got to be strong, but
when I come to the UK I know that in Anna I will always have a shoulder to
lean on.

Anna Chancellor is widely recognised for her role as Duckface in Four
Weddings and a Funeral (1994), and on television as Caroline Bingley in
Pride and Prejudice. More recently Chancellor, 41, has made appearances in
Spooks. She lives in London and has a daughter called Poppy.

Thabitha is a bit like a film star: she's very beautiful and incredibly
strong and incredibly vulnerable, all at once. Her openness is
characteristic of the people in Zimbabwe, which is probably why I felt very
at home there and very at home with Thabitha.

I met Thabitha after receiving an email that said something like, "Women in
trouble in Zimbabwe - no sanitary products". I thought that was horrendous -
the idea of never being able to have a tampon when you need one. But the
real reason I felt a necessity to help was that I became incredibly sick
while I was working in Zimbabwe and a local woman took me to her home, fed,
bathed me and looked after me until I got better. I loved her so much. In a
way my friendship with Thabitha is a repayment to her. Weirdly, when I told
Thabitha this, we worked out that this woman was actually her cousin's wife.

The day we met we talked and cried. Appalling things have happened to her -
she's been arrested, raped and other things that you can't imagine. In
Zimbabwe you can be arrested for holding a meeting or a banner. She hides
Nurofen in her hair because she knows that they are going to hurt her. It's
life on such an extreme edge - she is like a woman at war, she puts herself
on the front line.

For me it has never been a problem being friends with people from different
backgrounds. Thabitha is from Africa, and I grew up in the West Country;
Thabitha is a warrior and I consider myself to be a coward. When I ask her
how she manages to survive she says, "You have a fifth gear; there is
somewhere else you go in very extreme times." My fear is that I don't have
the fifth gear and my hope is that I do.

I wish I could spend more time with Thabitha. I still haven't cooked her
roast chicken, which is what I'd really love to do. We did have a marvellous
day together once when we went to see a play about Mugabe and then walked
back through Soho and we ended up in a posh hotel where we lounged around on
sofas talking about men. We weren't focusing on the big problems - just
laughing at the small ones.

I feel incredible affection for Thabitha - not just because of the campaign,
but because I feel easy with her. In her own country many people don't want
to know her because she puts her neck out. I think it's a lonely life for
her. I hope that one day she and I could just be relaxed together. We had a
brief glimpse of it very, very late at night on those sofas.

ACTSA has produced a Dignity.Period! wristband. The sale of one will provide
one woman with three month's supply of sanitary products, tel: 020 3263 2001
or email campaigns@ actsa.org

Thabitha Khumalo is the vice president of the Zimbabwe Congress of Trade
Unions and this year won UK Woman of the Year. Khumalo, 46, has just
launched the campaign Dignity.Period! with Action for South Africa (ACTSA).
She lives in Bulawayo, Zimbabwe.

The moment I saw Anna's face I recognised her from the movies. My stomach
was churning, but as soon as she sat down she was warm and friendly.

Our first meeting was at a coffee shop in London. ACTSA had contacted Anna
in order to help raise awareness of some of the health issues affecting
women in Zimbabwe. We sat down together and I explained to her that the
average minimum wage for a woman in my country is £12 per month, and yet a
box of 10 tampons costs £3. What woman in her right mind would rather spend
money on tampons rather than on basics like food? The female life expectancy
is now 34 years: and they are dying from preventable infections. Anna was
horrified.

Anna told me that when she was in Zimbabwe she got very sick, and the couple
she was staying with looked after her until she got better. They became good
friends, so I think she felt she wanted to give something back. It so
happened that I also knew the farm where she had stayed, and when I told her
that it had been repossessed and all the people displaced, it broke her
heart. She started crying and I did too.

From that moment our friendship blossomed. Every time I came to the UK I
would call her and we would go to the theatre, or just chat over the phone.
Eventually we managed to organise a fundraising event with her friends from
the film industry. It was beyond words. The lights, the decorations, the
most beautiful women in the most beautiful gowns - it was a different world
for me. I was mesmerised.

Although our lives are very different, Anna and I have a very strong
connection. We are both go-getters with a lot of determination and energy.
Like me, she is also a single mother, which can be a huge challenge. So even
though we come from different environments, we are sort of in the same boat.

When I compare our two worlds, it amazes me that they can co-exist and I
think that is why our friendship is so important. I come from a place where
I have no rights, or freedom of speech. It's survival of the fittest. I have
to learn from what I have seen of Anna's world so that we can work towards a
better Zimbabwe.

In the UK I feel like a human being again, whereas at home in Zimbabwe I can
feel isolated. At home it's difficult for me to have friends because I am an
enemy of the state and people are petrified to be seen to be talking to me.
Here, you have no time to cry because you have always got to be strong, but
when I come to the UK I know that in Anna I will always have a shoulder to
lean on.

Anna Chancellor is widely recognised for her role as Duckface in Four
Weddings and a Funeral (1994), and on television as Caroline Bingley in
Pride and Prejudice. More recently Chancellor, 41, has made appearances in
Spooks. She lives in London and has a daughter called Poppy.

Thabitha is a bit like a film star: she's very beautiful and incredibly
strong and incredibly vulnerable, all at once. Her openness is
characteristic of the people in Zimbabwe, which is probably why I felt very
at home there and very at home with Thabitha.

I met Thabitha after receiving an email that said something like, "Women in
trouble in Zimbabwe - no sanitary products". I thought that was horrendous -
the idea of never being able to have a tampon when you need one. But the
real reason I felt a necessity to help was that I became incredibly sick
while I was working in Zimbabwe and a local woman took me to her home, fed,
bathed me and looked after me until I got better. I loved her so much. In a
way my friendship with Thabitha is a repayment to her. Weirdly, when I told
Thabitha this, we worked out that this woman was actually her cousin's wife.

The day we met we talked and cried. Appalling things have happened to her -
she's been arrested, raped and other things that you can't imagine. In
Zimbabwe you can be arrested for holding a meeting or a banner. She hides
Nurofen in her hair because she knows that they are going to hurt her. It's
life on such an extreme edge - she is like a woman at war, she puts herself
on the front line.

For me it has never been a problem being friends with people from different
backgrounds. Thabitha is from Africa, and I grew up in the West Country;
Thabitha is a warrior and I consider myself to be a coward. When I ask her
how she manages to survive she says, "You have a fifth gear; there is
somewhere else you go in very extreme times." My fear is that I don't have
the fifth gear and my hope is that I do.

I wish I could spend more time with Thabitha. I still haven't cooked her
roast chicken, which is what I'd really love to do. We did have a marvellous
day together once when we went to see a play about Mugabe and then walked
back through Soho and we ended up in a posh hotel where we lounged around on
sofas talking about men. We weren't focusing on the big problems - just
laughing at the small ones.

I feel incredible affection for Thabitha - not just because of the campaign,
but because I feel easy with her. In her own country many people don't want
to know her because she puts her neck out. I think it's a lonely life for
her. I hope that one day she and I could just be relaxed together. We had a
brief glimpse of it very, very late at night on those sofas.

ACTSA has produced a Dignity.Period! wristband. The sale of one will provide
one woman with three month's supply of sanitary products, tel: 020 3263 2001
or email campaigns@ actsa.org


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WOZA activists released, two hospitalised

zimbabwejournalists.com

    By Violet Gonda

     THE arrested Women of Zimbabwe Arise and supporters were released into
the custody of their lawyer on Friday but are expected to formally appear in
court Monday.

      Two of those arrested, Magodonga Mahlangu and another woman called
Sylvia, have been hospitalised as a result of injuries sustained at the
hands of the police. Although they were assaulted on the day of the
demonstration on Wednesday and despite showing serious signs of injuries the
police kept the women in detention until Friday afternoon.

      Speaking shortly after being released group coordinator Jenni Williams
said; "None of the police officers who arrested us and beat us up so
brutally wanted to come forward and make any statements that are necessary
for us to be taken to court, so things dragged on and nothing was happening.
The lawyer had prepared an urgent application to take us to court when I
think the police realized they had no option but to release us and asked us
to report to court on Monday."

      She also said what brought the matter to a head was that the two
activists, Mahlangu and Sylvia, had to be taken to hospital. Mahlangu, who
is one of the WOZA leaders, was allegedly beaten across her back and fell
down on the floor knocking her head on the day of the demonstration.

      At least 36 activists were charged on Thursday under the Criminal Law
(Codification and Reform) Act.

      The activists were arrested Wednesday during the launch of their
People's Charter in Bulawayo. WOZA said the Charter was a result of a
yearlong countrywide consultation demanding social justice for all
Zimbabweans. Ironically police used brutal force to disperse the group, as
they were commemorating International Human Rights Defenders Day.

      It's reported that baton stick wielding riot police descended on the
peaceful gathering and started assaulting people to force them to disperse.
At least 60 people including mothers with their babies were arrested on the
day, although some of them were later released.

      The arrested are accused of "participating in a public gathering with
the intent to cause public disorder, breach of peace or bigotry."

      Several others were left needing medical attention including an 18
month old baby and an elderly woman who had serious injuries.

      When asked if it's wise to take children to these demonstrations
Williams said the mothers say; "We have rights and this child needs a better
future and I am sorry I have no one else to leave the child with and I must
be allowed to exercise my right."


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Rudderless and lost

Dear Family and Friends,

As the Minister of Finance presented what he called a "people orientated"
budget this week, two senior executives from the country's biggest bakery
were starting a four month prison sentence. The two men, the CEO and
Operations Manager were found guilty of putting the price of bread up by
50% in September without government permission. The bread price is
controlled by government here but is set at sub economic levels which has
left most bakeries cutting their staff, blending flour with maize meal,
switching off slicing machines and reducing the number of hours that their
ovens work. Bread has already become a luxury for most Zimbabweans but none
of this was mentioned as the propaganda in the state media whipped the
issue into a frenzied witch-hunt. There was talk of "economic saboteurs"
and a state prosecutor called the men "leaders in a criminal enterprise."
The sentencing of two men from the biggest bakery will undoubtedly have
only one result - shortages. At first it will be bread and then other goods
whose prices are controlled by government - sugar, margarine, cooking oil,
milk, salt, soap and so the list goes on and on.

One can only imagine what words a prosecutor would use to describe the
government officials who this week approved an increase in the cost of
water in Harare from 8 to 130 dollars a cubic metre. It doesn't take an
economist, mathematician or even primary school arithmetic to know that
this is more than 50%. The double standards in Zimbabwe are so staggering
that you are left in no doubt that it is all about control, plain and
simple control.

This first week of December 2006 also saw control being exercised in the
streets against the protesting voices of women. Waving placards and singing
songs, unarmed women belonging to WOZA were arrested in Bulawayo. Calling
for affordable housing, education and healthcare, the women were arrested
by riot police. Some of the women had babies on their backs. When ordered
to pick their placards up off the street WOZA said police beat the women on
their backs and buttocks with batons. Can you imagine beating a woman with
a baby? Several people were hospitalized, including a baby.

63 women, 4 men and 6 babies were arrested.

Perhaps they will meet the two bakery officials in prison.

It is hard to see sense in Zimbabwe this December. In the mayhem there is
almost no sign of the opposition MDC - both factions seem to have gone
quiet. The odd individual raises their head and their voice but the party
as a whole seems rudderless and lost having spent almost the entire year
fighting themselves rather than the oppression. Zimbabweans are cowed and
need brave, decisive and united leadership. People generally are scared to
act, scared to speak out and scared to protest. This week as people were
called on to bang pots every evening for two minutes at 8 pm, to bang for
an end to hunger, the night air was quiet, deathly quiet. My pot sounded
awfully loud, alone out there every night.

Until next week, thank you for reading and for caring. Love cathy.
Copyright cathy buckle 2nd December 2006.

http:/africantears.netfirms.com


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Zim crisis bigger than a budget statement can resolve - MDC

New Zimbabwe

--------------------------------------------------------------------------------
Finance Minister Herbert Murerwa presented the 2007 budget on November 30.
Here, Tendai Biti, the secretary general of the MDC faction led by Morgan
Tsvangirai gives his reaction:

--------------------------------------------------------------------------------
By Tendai Biti, MP
Last updated: 12/02/2006 21:32:58
THE 2007 budget statement announced by Hebert Murerwa yesterday represents
yet more evidence of the mediocrity, dishonesty and the bankruptcy of ideas
of the Zanu PF regime.
More than that, it represents the paralysis in governance arising and
connected to the succession issue in Zanu PF. Quite clearly, the decisive
pronouncements and the proscribing by Murerwa against the RBZ governor's
quasi-fiscal actions is a reflection of the intense civil war that is taking
place in the corridors of Zanu PF.

The economic crisis arresting Zimbabwe is structural and cannot be treated
by cosmetic, populist, recycled and neo-liberal measures. We are a failed
State, wherein 80 percent of the people are unemployed, real inflation is
over 3 000 percent and where 80 percent of the population earn far below the
bread-line salary of $180 000. We are a country bedevilled by the complete
destruction of the supply side of the economy. For almost 10 years since
1997, the country has endured gross negative growth rates, a phenomenon
unkown even in countries that have been at war.

Industry is operating at 25 percent of its normal productive capacity. And
at the back of this, the country has seen unmitigated corruption and
Zimbabwe has acquired for itself a shameful ranking of 157 out of 159 on the
corruption ladder. The quality of life for ordinary Zimbabweans has
deteriorated and life expectancy has dropped to 34 years. This is the state
of the crisis and any honest budgetary approach should begin by recognising
that the causes of the crisis are man-made and they are underpinned by a
crisis of governance and a crisis of legitimacy. Blaming the crisis on
non-existent sanctions or droughts reflects the perennial dishonesty that
has become the national religion of this regime. It reflects a denial mode
that results in the government's inability to craft proper and honest
solutions to the problems bedevilling the nation.

The pumping of billions of dollars for inputs into the agricultural sector,
which has been the norm of all budgets, has clearly failed to revive this
critical sector and to restore us to our erstwhile status as the
bread-basket of the region. Wrong people, namely Zanu PF chefs and other
mobile phone farmers were allocated the land and what has happened is that a
noble cause was bastardised by subjective execution.

Equally, the pumping of billions into mining, the creation of a mining fund
and the proposed purchase of mining equipment will not resuscitate this
sector. For starters, the reason why mining output is decreasing and why
gold deliveries have declined is not because there is no production, but
because of the massive leakages in the system. In any event, trying to
revive an economy such as ours through agriculture and mining is a false
premise. The Zanu PF vehicle of accumulation based on agriculture and mining
for supply side recovery is a model that was true and correct in the 19th
century. Raw materials without any value addition have never been vehicles
for growth. It is manufacturing, industry and lately technology, managed in
a local, inward-looking framework bereft of any neo-liberal blemish. That
will be the starting point.

The model of the Asian tigers, the fantastic growth of China and India are
not being spurred by agriculture or mining but by these alternative
development paradigms.

The identity of inflation as the number one enemy in Zimbabwe is a
reflection of a paralysis of analysis. Inflation is a macro-economic
indicator of the relationship between the supply side and the demand side of
the economy. It is a symptom of the sickness of the economy but is not the
sickness itself. Thus it is important to identify the real causes of
inflation. As popular local musician Oliver Mtukudzi would say, " Ongorora
chikonzero chaita musoro uteme." Unfortunately, the budget does not take
this into account.

The projected 2007 budget deficit as a percentage of Gross Domestic Product
is 17 percent. This is a huge deficit considering that the regional average
is 3 percent. This budget deficit, and more importantly the way it is
financed, will create major inflationary pressures. We have seen in the past
how Gono's quasi-fiscal experiments, equalling almost the official 2006
budget, created excess money supply of over 1 000 percent and resulted in a
major inflationary push.

Moreover, to have budget in respect of which $1,4 trillion or 35 percent is
going to be allocated to salaries alone, is a disaster. When one adds
interest payments, it means that almost 80 percent of the budget is
recurrent expenditure. Such a scenario is not only sad, but demands that
Murerwa and his colleagues must resign. If almost 80 percent of the budget
represents salaries and interests, then it means that the critical budgets
to health, education and social services, have suffered. Indeed, Murerwa and
his colleagues will go to town about the $1,3 trillion (30 percent of the
budget) allocated to capital expenditure but what is not disclosed is that
the bulk of that money is going to pay for penalties and punitive arrear
interests on existing incomplete projects such as the Torkwe-Mukosi dam and
the dualisation of the Harare-Bulawayo highway.

The raising of the tax-free threshold from $20 000 to $100 000 will be
applauded as being positive. However, the reality is that the majority of
the population do not even earn $50 000 per month and the bread-line salary
is $180 000 while inflation realistically stands at about 3 000 percent. One
cannot even buy anything meaningful with $100 000 in a supermarket.

Zanu PF being Zanu PF, one thing that concerns this regime is power and the
desire to reproduce itself legally and extra-legally. No wonder the budget
allocation to the army and the police in real terms has grown by more than
50 percent, with the army being allocated an embarassing figure of $225
billion for recurrent expenditure. This slush fund given to "the boys" is
more than half the budget allocation to the Ministry of Health and Child
Wefare. It's a shame!

One can go forever critiquing the sterile and recycled ideas from Minister
Murerwa. The bottom line is that these people are now tired. as Franz Fanon
said many years ago, exhausted nationalism is a danger to the national
question in Africa. Zanu PF has clearly become a danger to the public good
of the majority of Zimbabweans.

Zimbabweans are tired of high-sounding fiscal and monetary policy
pronouncements that have failed to stimulate economic growth and to inspire
investor confidence in an economy that has become a collective African
shame.What Zimbabwe needs is a political solution to the national crisis.
What Zimbabwe needs is a new government that has the support and the faith
of the ordinary people who have borne the brunt of failed economic policies
and a profligate government that continues to live outside its means.

Zimbabwe needs to embrace sweeping political reforms that include a new,
people-driven Constitution, free and fair elections under international
supervision, a reconstruction and stabilisation programme in a
post-transitional era and a period of national healing. Nothing short of
this political solution will save our country.

Tendai Biti, MP, is the MDC Secretary General of the MDC faction led by
Morgan Tsvangirai


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Murerwa must address causes of crisis first - MDC

New Zimbabwe

--------------------------------------------------------------------------------
Finance Minister Herbert Murerwa presented the 2007 budget on November 30.
Here, Priscilla Misihairabwi, the deputy secretary general of the MDC
faction led by Arthur Mutambara gives her reaction:

--------------------------------------------------------------------------------
By Priscilla Misihairabwi-Mushonga, MP
Last updated: 12/02/2006 21:32:46
WHEREAS the Budget statements are meant to confirm and take forward the
nation's commitment to prioritise and protect those expenditures that can
substantially contribute to economic growth, job creation, and overall
poverty reduction, to also contain measures to improve pro-poor service
delivery and strengthen public expenditure management, the hopelessness of
Zimbabwe's entire budget exercise and process, in this environment, is again
exemplified by the Minister of Finance's 2007 budget statement.
If the Minister cannot predict what will be the level of public expenditure
next month, how then does he intend to predict a whole year expenditure
pattern. The bids by the ministries make no sense whatsoever, with or
without Gideon Gono's quasi fiscal expenditure forays.

So no matter what the Minister of Finance pronounces within the framework of
the 2007 budget, by omission or commission, his action will lead to more
misery and further unprecedented economic decline. This will be the ninth
successive decline in GDP since 1998. Is this what the Minister's budget
about, or he is just taking the people of Zimbabwe for a ride?

If we judge by the way the economy will go, the Minister should concede that
his budget is not a good omen, or else retract and go back to address the
country's fundamentals -stop corruption, restore rule of law and hence
restore confidence of the investor in the economy - before presenting what
the official press will obviously call a bold budget statement.

The only hint at reducing inflation worthy noting was rescuing away Gono's
appetite for quasi fiscal forays to come under Treasury, at an exorbitant
cost of $1000 billion, to the tax payer. The nation is being told that this
will bring inflation down to 350-400% by October 2007. But with all the
economic fundamentals that brought about the high inflation in place,
inflation is unlikely to come down. The allocations and estimates given by
the Minister of Finance will continue to be eroded by the inflation
pressures, mainly due to lack of production and continued growth of
expenditure by this government's bloated administration.

In the view of the MDC the fundamentals that require attention in order to
halt the collapse of the Zimbabwe economy are the following:

Zimbabwe must stop denying the causes of the country's economic problem and
come to terms with itself - seek genuine dialogue with the people of this
country.

Engage the people of Zimbabwe (the civil society, business, farmers,
workers, churches) on fiscal policy, development of the economy and
democratic rights of citizens.

Move away from the position of sustained macro-economic mismanagement and
adopt a sound macroeconomic policies aimed at curbing inflation and laying
the foundation for economic recovery.

Refrain from bad governance - asset stripping and corruption and looting of
state owned enterprises and assets and engage the nation towards achieving
of MDGs in order to reduce poverty.

Stop all forms of violent disruptions of the normal economic activities,
lack of commitment to transparency, accountability, respect for human rights
and democratic processes.

Any budget speech that ignores this framework continues to be self delusion
and a joke for the people whose pain deepens especially immediately as a
result of tinkering at the edges of a sick Zimbabwe economic body in
national budget statements.

Priscilla Misihairabwi-Mushonga is Deputy Secretary General of the MDC
faction led by Professor Arthur Mutambara


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Zanu PF using parliament to fight its faction wars

From SW Radio Africa, 1 December

By Tichaona Sibanda

Zanu PF's turf war involving two factions led by retired general Solomon
Mujuru and party strongman Emmerson Mnangagwa has now spilled over into
parliament. A key ally of the Mujuru faction, Industry and International
Trade Minister Obert Mpofu, now faces the danger of being forced to reveal
the culprits behind the looting of the giant steel making company
Ziscosteel. Speaker of Parliament John Nkom who recently revealed his
ambition of standing for the presidency once Mugabe retires, said Mpofu had
a case to answer for allegedly lying under oath in parliament. A privileges
committee is to be appointed soon to investigate Mpofu who submitted
conflicting information while giving oral evidence in parliament about the
deal that saw an Indian firm, Global Steel Holdings, assuming control of
Ziscosteel without any contractual agreement or injection of capital. It was
during this hearing on September 20th that Mpofu presented information
before the portfolio committee in which he referred to a file which he said
contained 'shocking' information which implicated unnamed MP's in corrupt
dealings at Zisco. Analysts say Mpofu, allegedly from the Mujuru faction,
did not know that most of the names contained in the report were from the
same faction. Vice-President Joyce Mujuru is reported to have intervened and
stopped him from giving evidence before the committee. But the damage had
already been done. MDC acting Treasurer-General Elton Mangoma said everyone
who has seen the report knows that Mpofu is now trying to protect his
allies. He said attempts to bring Mpofu to reveal all in Parliament are just
a diversionary tactic because the other faction will see to it that he does
not appear before a privileges committee.


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Foreigners join Marange diamond rush

From The Herald, 2 December

By Tawanda Kanhema

Foreigners from neighbouring countries are swarming Mutare in search of
diamonds, turning Marange district to the south and other areas along the
Birchenough-Mutare highway - the source of the diamonds - into vending zones
for gems at giveaway prices. More than 30 foreign-registered vehicles from
at least five countries are observed daily streaming into Mutare - which has
become a vantage point for buyers - and roaming the Birchenough-Mutare
highway as foreign nationals and Zimbabweans living abroad join the diamond
rush, fuelled by the absence of a standardised price for the precious
stones. "We have been seeing 20 to 30 South African vehicles daily, about
three to four from Zambian, four from Botswana and at least one each from
Mozambique and Malawi," said Retired Lieutenant Colonel Misheck Matsatswa,
the chief security officer for Africa Consolidated Resources whose
concession for the diamond fields expired in March and was not renewed.
Trade in the precious stone has reached fever-pitch, with South Africans
leading the pack as they make daily incursions into Mutare and surrounding
areas, buying diamonds in rands from villagers and urbanites along the way.

Following the expiry of African Consolidated Resources' concession,
foreigners have been making a beeline for eastern Zimbabwean to try their
luck in the country's new El Dorado and recent visits by Government
officials and the media have also put Marange and Chiadzwa under the
spotlight as a source of gems at bargain basement prices for resale at
highly profitable margins. The price of one clear diamond - of approximately
one carat weight - is selling for between R100 and R1 000 for South Africans
and between P80 and P400 for Batswana, and is understood to fetch seven to
10-fold in South Africa and Botswana. Buyers from Botswana, Malawi, the
Democratic Republic of Congo, Mozambique and Zambia are coming into Mutare
every day, and most of them have established sources that fan out into the
rural areas to buy diamonds for them. Locals have also started going to
Botswana and South Africa to sell their diamonds, mostly bought off from
desperate panners for less than $100 000 and resold for over $800 000 in
Harare and for even more in South Africa. Diamond tourism has also emerged
in Mutare and at Hot Springs Health Resort, which is closer to the diamond
fields. The resort has been receiving an increasing number of South African
tourists in recent months, presumably coming to look for diamonds.

The Herald visited Marange on Tuesday afternoon and witnessed booming
illicit trade between South African buyers and local diamond suppliers along
the Birchenough-Mutare highway, which has become busy since the tightening
of security around diamond fields. Constant police raids along the highway
have not significantly dented the illicit trade as locals continue to
advertise and sell their diamonds to motorists at growth points and on the
streets in Mutare. A South African-registered vehicle scouting for suppliers
pulled off along the highway and its occupants talked to a local
schoolteacher before making a high speed take-off on seeing The Herald crew.
The 64-year-old schoolteacher also bolted into the bush before we caught up
with him less than 100 metres off the highway. He said the South Africans
had asked him where Hot Springs resort was and where they could buy
diamonds. He directed them to Chiadzwa, which has been declared out of
bounds to foreigners.

Police officers manning the turn-off to Marange along the Birchenough-Mutare
road said they would not allow vehicles with foreign registration to proceed
to Marange or Chiadzwa unless the driver proved he was from Marange. "We are
searching all cars, and will not permit those with foreign registration to
proceed unless they prove they are from Marange and produce their Temporary
Import Permits," said an officer manning a checkpoint. They have set up
checkpoints on all roads leading to the diamond fields, confining the trade
to growth points, the highway, and Mutare urban, where almost every fifth
person has a diamond or knows where to get one. A young Zimbabwean woman
from Mandara, Harare, said she had come to do "market research" for a
Malawian who would fly into the country on Thursday. She had brought along a
digital camera, with which she photographed samples of the available gems.
Police officers at Chiadzwa said the panning for diamonds had fallen down
with increased patrols in the area, but locals who were involved in five
months of extensive panning are reported to be stashing small pouches of
gems in their homes.


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A tragic trade

From The Mail & Guardian (SA), 1 December

Pearlie Joubert

"I pay R120 a month for my piece of shack floor in Phillipi. There are 15 of
us, sleeping like animals on the ground. But I never complain; every night I
lie down, I think of my five kids back in Harare." Patience Moyo (52) is one
of hundreds of Zimbabweans flocking into the Cape Town townships. Most are
women, Moyo says, and many are professionals or others who had well-paid
jobs until their country's economic meltdown. The women arrive carrying big
plastic bags filled with knitted tablecloths, sitting-room seat-covers,
home-sewn clothes and cotton curtains, which they sell door to door in the
townships. In Phillipi and Guguletu I met a Zimbabwean schoolteacher, a
nurse, a hotel chef and two secretaries. All left their homes and children
to make money for groceries that they can't get, or can't afford, in their
own country. Until four years ago Moyo was a maths teacher in a Harare high
school. As with thousands of other Zimbabwean civil servants, her salary has
been rendered almost worthless by hyper-inflation.

Explained Moyo: "My husband is a qualified electrician, but he's got no work
and I couldn't find him any in Zimbabwe -- we looked everywhere. We've got
five kids and we've got a nice big house in Harare. But we're starving
there. We can't afford even basic foods any more. Apart from teaching kids
maths, the only thing I can do is knit. I started knitting tablecloths to
sell, but people at home don't have the money. That's why I came here." It
is not something she enjoys. She and the other Zimbabweans hate the high
crime and the xenophobic hatred they encounter in South Africa - mainly from
young people. "Every day people shout 'kwere-kwere' at us. Lots of people
say they like my things, but they won't give money to kwere-kweres from
Zimbabwe. It hurts me but I say nothing because I'm so needy of their
kindness and money," Moyo said. South African women are the most
sympathetic. "They know we are desperate, that we are also mothers and that
we don't want to be here," said 43-year-old Sylvia Khumalo, who shares a
backyard wendy house in Guguletu with 19 other Zimbabwean women. Slightly
smaller than a single garage, the house has no ceiling.

Cape Town is not the only destination - they told me that "busloads" of
Zimbabwean women arrive in Johannesburg every day. They enter South Africa
on a legal one-month visa, stay here for a month, go home and return a month
later -- effectively spending six months a year away from home. The bus trip
from Harare to Johannesburg takes 14 hours and costs R200. An economy train
ticket to Cape Town costs a further R200. Explained Harare native Pretty
Tekere, who shares a one-bedroom shack with six other women in Khayelitsha:
"We don't stop in Johannesburg; too many Zimbabweans are already there.
Durban, Pietermaritzburg, East London, Port Elizabeth and Bloemfontein are
full of Zimbabwean women selling stuff. Cape Town is far and it's expensive
to come here - so it's not too crowded yet." In many Cape Town townships,
residents rent out backyard shacks or wendy houses to these women for as
much as R400 a month a head. The women interviewed by the Mail & Guardian
pay between R30 and R50 a week for sleeping space on a floor, the use of an
outside toilet and an outside room with a cold water tap and a basin, which
serves as a bathroom. If they want hot water, they boil a kettle on a fire
and wash themselves in a plastic bowl.

Said Tekere: "There are landlords in the townships who built rooms in their
backyards especially for us, and they make a good living - their places are
always full. We never say no to a woman who wants to stay. It's really
dangerous out there if you're a foreigner." The women insisted that their
shack should not be photographed; they are terrified they might be evicted
if their accommodation is identified. Tekere said wistfully that "people in
your country have more money than we have. You have a stable government and
food is much cheaper here". But she is no uncritical admirer of South
Africa: "So much else is wrong here. A lot of our sisters are raped here. We
get robbed. If people want your bag, they stab you. Even the kids here have
guns. You have a very scary country." Sam Parks (not his real name), owner
of a four-room brick house in Guguletu, rents a shack the size of large
tool-shed in his backyard to up to 20 Zimbabwean women. He charges a weekly
rent of R35 a head, but denies rack-renting: "I'm not renting out my
backyard shack. The people staying here are my family and you are not
welcome," he said, shutting the door in my face.

Travel from Harare to Cape Town and accommodation cost the women R500 a
month each. If they work seven days a week and sell one bag full of doilies,
they can make up to R1 500. But they have to collect about half of their
earnings on future trips because their customers can only afford to buy on
credit. "Some people pay R10 a month; some R20 per month. I can only come
every second month, which means we have to come back for as long as one year
to recoup the cost of one tablecloth," 58-year old Barbara Kasani said. As
they earn, the Zimbabweans buy groceries - mainly oil, sugar, maize meal,
salt and flour - which they take back to Zimbabwe. They take no cash home.
"If you take money into Zimbabwe, you have to declare it at the border. If
you take food, they let you through. We buy food here and we pray that it
will last for the two months until we return to South Africa," Kasani said.
She feels she is on a treadmill. "We're trapped, and it's terrible to feel
that way. While I'm here, I mainly eat pap and cabbage; once a week we buy
some chicken heads and legs. "But I have to save every cent I make to buy
groceries, otherwise it doesn't pay to come here. We're Zimbabweans - we
like meat. Eating pap and cabbage and sleeping on the floor makes me feel so
depressed I don't want to wake up in the morning."


Click here or ALT-T to return to TOP

Jag PR Communique dated 01 Dec '06

Herewith the views of two prominent economists, from a purely financial
or economic perspective, on Government's recent issuance of so-called
'99-year leases' to new farmers. Their opinions pertain mainly to the
value of the leases from a collateral point of view. Also included is a
relevant article from today's 'Zimbabwe Independent'.

Much controversy surrounds this matter and there are obviously other
fundamental issues at stake. The JAG Trust's viewpoint remains very
clear: -

1. The acquisition of the vast majority of these properties is still
subject to legal dispute, in terms of the lack of legal procedure
followed, the human rights abuses perpetrated and the criminality
involved.

2. The State-inspired and sponsored breakdown of the rule of law and the
resultant abject disregard for property rights in commercial farming
areas has paved the way and allowed for, what has amounted to, wholesale
theft of farms, the improvements thereon and in most cases, movable
assets in the form of equipment, livestock and even crops, that are not
covered under the Land Acquisition Act.

3. The fact that, at this time, no farmers have been compensated, either
timeously or equitably, for the improvements on their properties by the
State - coupled to the fact that, at some time, the historical dispute
over 'tenure of the land' will have to be resolved.

4. As a result of all the above and even under Zimbabwean law,
substantial damages arise, which, at this point in time - six years on
from the commencement of the illegal evictions of commercial farmers and
workers - by far exceed the value of the land and improvements thereon.

The JAG Trust stands firm on our principles and will continue to focus
and adhere to the following: -

a) There can be no meaningful future development on any illegally
acquired agricultural land, whilst the acquisition of that land and the
improvements thereon remains in dispute; where human rights violations
and criminality issues exist; and especially, given that no timeous nor
equitable compensation, or damages, have been paid - either to the
property owners or to the displaced and severely affected farm workers.

b) No subsequent or replacement tenure system can (given the above facts)
- by any stretch of the imagination - be put in place, fulfilling the
required fundamentals of a tenure system; bankability in a free-market
environment to enable the raising of essential short-term and long-term
capital; or transferability in a free-market environment.

The JAG Trust firmly believes that the people of Zimbabwe will only
achieve true freedom and empowerment through individual ownership of
land, especially agricultural land. Not through State ownership.

The JAG Team

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ZIMBABWE'S NEW 99-YEAR LEASE
Summary and Comment

Government's intentions to replace former freehold title to agricultural
land with 99-year leases appears to offer political advantages that make
the concept attractive to political authorities, but no advantages to the
lessees can be determined from the lease agreement, other than that the
agreement commits the lessee to separate yearly rentals for the land and
improvements, rather than a single purchase price.

For any improvements on the land, the rental calculated by the
authorities, or lessor, is payable by the lessee for the following 25
years, unless the lessee chooses to reach agreement with the Ministry of
Agriculture for the outright purchase of these improvements. And, on
signing the lease, the lessee is required to pay within three months a
one-off deposit equal to the sum of the annual rent on the land and the
annual rent on improvements.

These outlays secure for the lessee the rights to occupy and farm the
area specified in the lease. These rights bring with them a series of
obligations and requirements that must be met at the lessee's expense.
They include:

· Taking up permanent residence on the property, or appointing a manager
who will move onto the property within three months
· Fencing and farming the property in a sustainable manner acceptable to
the lessor
· Gaining approval for a five-year development plan that will have been
submitted ahead of the signing of the lease
· Initiating minimum developments as required by the lessor within three
months of signing the lease. Minimum developments within the first three
months include:

Ø Development of a permanent homestead and water supplies for personnel
and animals
Ø Provision of approved access roads
Ø Erection of adequate accommodation for employees, and
Ø Initiating minimum production in terms of the approved plan
Ø Clearance of not less than 30% of the area intended for cropping

A new five-year plan must be submitted for approval on the expiry of an
existing plan or if the lessee is directed to do so by the authorities.

Other requirements include ensuring that no illegal tree-felling takes
place, no noxious weed growth is left unchecked, no poaching of wildlife
takes place, fire-breaks are maintained and measures are taken to prevent
soil erosion as well as to prevent the development of plant and animal
diseases.

Where lessees inherit plantations, they are required to rehabilitate and
maintain them to the satisfaction of the authorities. All lessees are
required to assume full responsibility for maintenance, repairs and
replacements required to ensure the upkeep all other improvements already
on the property.

If the lessee fails to meet these responsibilities, the authorities will
be entitled to carry out the work and recover the costs involved from the
lessee.

While the duration of the lease is 99 years, the lessor reserves the
right to terminate the lease if the lessee becomes insolvent, or fails to
properly manage the leasehold, fails to meet the terms and conditions of
the lease, fails to meet the rental or other financial commitments to the
lessor or fails to pay the required rates, levies and other charges to
local authorities.

If the authorities do not receive settlement or acceptable
representations after giving the lessee 30 days notice of its intention
to terminate the lease, the lessor is entitled to cancel the lease and
repossess the leasehold after another 90 days.

Comment on the Lease Agreement
>From the point of view of the farmers, the leasehold terms and
conditions suggest that the farmers will have to have confidence in their
abilities as well as courage to commit themselves to five year plans, and
will have to meet very high standards to retain their rights to continue
farming. Two issues arise from this: firstly, as a percentage of the
population, the number of farmers who have skills of this order is very
small; secondly, even those who have the necessary skills are likely to
find that profitability will still elude them on their small-scale
leasehold operations.

Government's intention is to have tens of thousands of farmers work to
their A2 land resettlement format with the support of 99-year leases. If,
for political reasons, the intention is that very nearly all of these
farmers are to be defined as successful, generously low performance
levels will have to be accepted when interpreting the terms of the lease
agreement.

Concessions that permit farmers to be "successful" without being
profitable will make subsidies an absolute necessity. In effect, farmers
will be invited to become reliant on subsidised input costs together with
support prices for crops. Under such arrangements, the farmers' need of
loan facilities to finance their operations will be greatly reduced.

For farmers, this will be just as well, as their prospects of using their
99-year lease agreements as collateral in support of bank loans are
extremely poor. This is true even though in Section 24 of the lease
agreement, government claims that, because the lease can be registered in
a deeds registry and endorsed to the effect that certain sums are owed to
certain lenders, the lease can serve as collateral for the loan.

While some banks might extend loans to certain farmers in token gestures
to show compliance with government policies; given the government's
determination to see their land reform policy succeed, the lease
agreements will be found to have no legal standing as collateral for
several fundamental reasons:

- At the most basic level, the lease agreement does not qualify as
collateral because the property referred to in the agreement cannot be
bought or sold on an open market and it therefore has no market value
- The lessor's rights to terminate the lease after serving the lessee 90
days' notice renders what is left of the 99-year duration of the lease
irrelevant. While the lender's debt recovery RIGHTS might remain intact,
their PROSPECTS of recovering the debt will have been effectively
demolished.
- The claim that borrowed money used to carry out improvements on the
property increases the value of the property does not translate into a
realisable sum of money that can be recovered by the lender in the case
of the the borrower defaulting on the repayment terms.
- Borrowers might default on repayment obligations at any time, but would
certainly do so if evicted from the property by the lessor. In apparent
recognition of these shortcomings, Section 24.3 of the lease agreement
provides for amounts outstanding to be recovered from the person to whom
the lease is ceded or transferred, and states that the final transfer of
the property will not be permitted until the intending new lessee has
settled the previous leaseholder's debt or the new lessee has come to an
acceptable arrangement with the lender.

This highly impractical provision is certain to cause every new applicant
to seek an unencumbered property. Every property that is burdened by
outstanding debt will remain vacant and every affected lender will be
forced to forfeit the amounts owed.

But as the lease documents will not be readily accepted as collateral in
the first place, government will have to remain committed to support and
subsidies, the costs of which will be borne by taxpayers and will impact
on the whole country through inflation.

Direct government assistance to individual farmers so far has been
typically confined to farm inputs, but the authorities have tried to
encourage farmers to also become owners of their own farm equipment,
rather than source the needed capital items from the state. Loan finance
is usually essential for the purchase of such assets.

Lessees trying to buy farm implements might be able to borrow from banks
on the strength of the security of a Notarial General Covering Bond that
would put the bank's claims ahead of concurrent creditors if the farmer
went insolvent or was evicted from the leasehold for some other reason.

However, as these items of equipment would be moveable assets, the bank
would face the additional risk that the assets could be moved beyond
their reach ahead of the disclosure of financial difficulties.

For the government, the advantages centre on features of the arrangements
that will permit the State:
- To acquire and exercise ultimate control over the land
-To make agricultural land an asset within the gift of the State
-To eliminate pressure groups of farmers empowered by property rights
-To re-allocate land that officials consider is not being efficiently
used
-To protect peasant communities from the harshness of market forces
-To receive rental incomes from all lessees
-To receive separate rental incomes from the improvements installed by
previous property owners
-To administer, regulate and control the initial selection of lessees
-To directly influence the selection of successors when existing lessees
choose to vacate their leaseholds or have their leases cancelled

In its launch of the new 99-year lease agreements, government made no
reference to these underlying objectives, but confirmation of their being
intrinsic to government's thinking is its basic distrust of market forces
and its unwillingness to permit citizens to exercise freedom of choice.

As the initial beneficiaries of land redistribution are being given the
land free of charge through the exercise of government patronage, the
intention is that their successors will also take over the land free of
charge through the transfer of patronage to them. However, they will be
expected to pay a rental to the state for the use of existing
improvements or pay the former lessee for improvements carried out during
their tenancy.

In previous presentations in support of its 99-year leasehold
propositions, Government has cited the fact that considerable areas of
land in certain developed countries are successfully leased to farmers.
Unfortunately, the conditions the Government of Zimbabwe has entrenched
in the leases make them distinctly different from conditions that apply
in first world countries.

In the countries concerned, the leased land in question is not owned by
the State; a property-owning individual, family or company owns it, each
lease is on an identifiable piece of land, each lease has a market value
and each lease is therefore marketable. Because of the marketability of
the lease, it can be offered as collateral in support of a loan.

This protects the lessor, as a bank that is owed money that the lessee
cannot repay has the legal right to place the lease on the market. When a
new lessee pays for the remaining years covered by the lease, the bank
will recover the funds owing. Laws governing tenant rights also protect
lessees, but in exchange they are required to meet these fully acceptable
obligations or forfeit their rights.

In the event of a lessee deciding to relinquish a lease, the market value
of the remaining years will be established in the market, a buyer will be
sought through the market and the transaction will be formalised and
registered in the market by real-estate agents and conveyancers. Other
than collecting transfer duties and registering the new lessee, the State
plays no part in the procedures.

These features make all such lease agreements bankable in other
countries, but the leases being issued by the Zimbabwe government are not
bankable, simply because no mechanism exists that could be used to
establish a market price and no market exists that will permit a normal
transfer of ownership of the pledged security.

Government's right to approve or reject any applicant wishing to take
over an existing lease further distances the arrangements from the open
market requirements of genuine, bankable collateral.

Notes on the evolution of leasehold to freehold title Leasehold
arrangements first evolved from the earlier feudal systems in Europe, as
landlords and tenants tried to find means of unlocking the capital value
of land. As the shortcomings of leasing became apparent and as the power
of the landed aristocracy waned and as the need for capital and security
of tenure increased, freehold ownership rights offered the required
assurances.

When new areas of settlement and investment were being established in the
Americas, the feudal systems of Spain and Portugal were transplanted into
South and Central America. However, in North America, the evolving
freehold land tenure systems were adopted. Today, hundreds of years
later, South and Central America remains a collection of developing
countries, but North America has become the most prosperous area in the
world.

The essential difference between these two vast areas - and the essential
difference between the former communal and commercial areas of Zimbabwe -
is that, where they had individual title, the owners of the land used its
capital value as leverage to raise the funds required to develop the
land's potential as well as their own. With access to the capital they
needed and the confidence that came from security of tenure over their
property, they achieved remarkable successes.

Property owners' title deeds provided them with a bridge that led
directly into the banking sector. Their ability to make long-term plans
and their eagerness to repay their loans to preserve their ownership
rights drew from them exceptional levels of resourcefulness, ingenuity
and determination to succeed.

By contrast, where the occupants of the land were tenants, their ability
to raise money to carry out development work or to augment their own
skills was severely limited. Their uncertain hold on the land they
occupied, but could not own, left them with neither the means nor the
incentives to plan ahead, and they never felt inclined to shoulder the
burdens of expense, risk and effort to invest in productive capacity that
would enhance the value of someone else's property.

Today, many South American countries are moving towards individual
freehold property rights in an effort to accelerate development. China
has accepted the need for individual property rights, and ownership
rights are being restored to East European families that were
dispossessed of properties after the USSR extended its territories after
World War II.

Zimbabwe's proposals are taking the country in the opposite direction.
The government's declaration at the end of the lease agreement that " .
the lessee may use this Lease as collateral in securing agricultural
financial assistance from any financial or agricultural institution" is
not enough to make the lease acceptable to lending institutions.

As the conditions created by land reform have effectively eliminated the
collateral value of farmland, they have made development funding entirely
the responsibility of the State and they have made each individual's
performance dependent on State subsidies and support. Personal progress
within such a system has therefore become dependent upon political
patronage, rather than upon resourcefulness, good management and hard
work.

Although fixed assets of some value could be built with money loaned by a
bank, the separation of land from the improvements on that land makes the
recovery of the debt almost impossible if the borrower defaults. This is
because the farmer's right to remain on the land is conferred, not by
business procedures supported by market forces, but by a political act
that the bank cannot challenge.

Investment is the first requirement for economic growth. By according a
capital value to land, considerable capital sums are unlocked and made
available to the investment process. Individual property rights, market
prices for land, transfers of ownership through the market and the
official registration of ownership rights make up the essential
components of the market mechanism that releases this capital onto the
market.

The responsibility, accountability and legal obligations that go with
individual freehold property rights quickly help communities to accept
the challenges of modern economic development and they place the means of
achieving profound economic empowerment within reach of the majority. But
because Zimbabwe's authorities consider these levels of success to be a
threat to the ruling party's power-base, these advantages are being
denied to Zimbabwe's population.

Zimbabwe's current policies very clearly have nothing to do with
empowering the people. Government's decision to revert to feudal
State-ownership of land is already proving to be a massively retrograde
step.

John Robertson
November 28 2006

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Farm leases have no collateral value
Zim Independent
23 November 2006
By Eric Bloch

IT was almost five years since the government first stated that its
policy on agricultural land tenure would be the issue of 99-year leases
to farmers, ownership of the land being vested in the state.

Over those years, there were repeated assurances that the issue of the
leases was imminent, that the leases would be available to all as would
use the lands productively, that they would entrench the farmers'
security of tenure and that they would be the foundation for the
long-awaited recovery of Zimbabwe's decimated agricultural sector.

The repute of the Zimbabwe government for fulfilment of policies and
undertakings has long been known to be implemented (if implemented at
all) at one of three speeds: slow, very slow and stop.

However, rarely has been governmental inaction as pronounced, and inept,
as has been the case of the farm leases. The government has almost 20
million hectares of land available at its disposal, albeit that despite
its renowned, prolific and vociferous contentions to the contrary, most
of that land was unjustly and inequitably expropriated from legitimate
farmers.

Fifteen years after enacting the Land Acquisition Act, more than six
years after declared intents of redistribution of the expropriated lands,
20 years after much land vested in the government as a result of
purchases funded by the United Kingdom and five years after enunciating
its 99-year lease policy, the government has granted 125 leases,
encompassing an aggregate of less than 1% of the land supposedly to be
redistributed and resettled. Big deal! What a spectacular achievement! At
that rate, all the land will have been leased to farmers by about the
year 2500!

Nonetheless, there was great blowing of fanfares, and much ceremonial,
when a fortnight ago the first 125 leases were released to the lessee
farmers.

Although the government is supposed (as part of its war against
inflation) to be curbing its expenditure, it unhesitatingly hosted a
massive shindig at the Harare International Conference Centre, graced by
President Robert Mugabe, the Minister of State for Security and Lands and
numerous other ministers and dignitaries as well as a deluge from the
media (mainly state-controlled).

Mugabe implied that the issue of the leases, as commenced that day,
heralded the start of a new era for Zimbabwe. Not only did he contend
that the wrongs of more than a century were being righted, but also that
the future of agriculture was assured. None can credibly argue that there
were no wrongs perpetrated in the past. These included the abhorrent Land
Apportionment Act which was law for over 40 years, unjustly and
unacceptably barring indigenous and non-indigenous black Zimbabweans from
land ownership.

But there were commensurate wrongs committed by the present government:
its spurious, never-ending contentions that whites had "stolen" the land,
now expropriated by the government, remain as specious as ever.

In fact, in its iniquitous commandeering of land ownership, devoid of
regard for international precepts of justice, for human rights, for
enforcement of law and order, and without fair compensation, the reality
is that the government has done exactly that which it has repeatedly
alleged were the offences of the past.

However, commensurate in magnitude, to that government offence, is that
in committing it, the government has brought the entire economy to levels
commensurate with the greatest poverty prevailing worldwide, has
alienated most of the international community and, directly relevant,
reduced most Zimbabweans to near starvation. That contrasts with only 10
years ago, when not only did Zimbabwe wholly feed itself but also much of
the region.

The tragedies do not end there.

Key factors driving a successful agricultural economy include that the
farmers have security of tenure, and that they have access to funding the
development and working capital. It must be acknowledged that, to some
extent, the leases may give security of tenure; prima facie, they are to
endure for 99 years.

That security is an essential if lessees are to be motivated to develop
and improve the farms, for none will risk capital and effort if they fear
imminent loss. But, the security of tenure is not assured.

On the one hand, the government has vividly demonstrated its disrespect
for tenure laws, readily overturning them, in its enactment of the Land
Acquisition Act, and numerous amendments thereto, and then implementation
thereof. How can farm lessees be assured that the government will not, in
the future, similarly renege on its leases?

On the other hand, the government also reserves the right to terminate
leases where the lessees do not properly work and exploit the farms. In
theory, there is some justification for that right, but the inequity is
that the government retains for itself the determination whether or not
the farms are effectively used. Thus the government will be prosecutor,
judge and jury while the lessees' rights of "defence" are minimal, not
even including an entrenched protection of "vis majeure", otherwise known
as "acts of God".

Therefore, the assurances of security of tenure are naught but an
elaborate fade, which may well result in many not proceeding on their
farm development with commitment and conviction, whereupon the government
can validly give effect to termination provisions!

Compounding the lease farce is the government's contention that the
leases accord the lessees collateral to secure borrowings. That
contention is founded upon provisions that while the land may not be
encumbered, the improvements thereon can be offered as security for
funding.

Furthermore, the government states that if there is a change of lessee,
then lenders can look to the new lessee for repayment of such loans as
secured by the collateral of the improvements. The sad reality is that
these provisions demonstrate a total lack of any realistic appreciation
of private-sector provision of loan funding.

A lender needs to know that collateral is readily realisable, should
realisation be necessary in order to recover unpaid loans. To achieve
that, the collateral must be freely disposable, albeit usually by public
auction initiated by the deputy sheriff. That is not possible in
instances where a lender defaults, but remains the farm lessee, unless
the improvements are wholly moveable.

Similarly, when a new lessee moves on to the farm, and notwithstanding
that the government states that he will then be liable to the lender,
there is no effective recourse against him unless the improvements are
moveable, or the new lessee has other assets which can be lawfully
attached and disposed of.

Therefore, despite everything the government has said to the contrary,
the farm leases have no collateral value or, at the least, very little,
and therefore the likelihood of the financial sector being able or
willing to provide the new farmers with requisite finance is remote in
the extreme.

Worsening the situation further, the government has now abdicated from
its lawful obligation to compensate former farmers for the improvements
they had effected, for it has now transferred that obligation to the new
lessees.

Once again the government is wiping its hands of legal and moral
obligations. In the process, it is burdening many lessees with
unsustainable debts.

----------------------------------------------------------------------------

Reality dawns on new lease holders
- Zimbabwe Independent -
01 December 2006

Shakeman Mugari

THEY were launched amid fanfare, and President Robert Mugabe said they
were a "landmark event in the history of the country" as he handed them
over to elated new farmers.

But three weeks on, the excitement is dying down. The farmers are
beginning to wake up to the limitations of the new lease documents they
received from government on November 16. A close reading of the document
shows that it neither fully guarantees security of tenure nor can it be
used as collateral to get loans from banks.

Financial risk experts say the lease document is full of vague and loose
legal statements that pose a serious potential risk to any financial
institution that may want to accept it as collateral.

They say the lease is flawed and porous, opening it to political abuse by
government. They say even the security of tenure that the leases were
initially thought to provide is under threat from clauses that give too
much power to the government as the lessor.

Section 20 of the lease says government can cancel the lease at any time
under conditions it deems necessary. "The lessor may, at any time and in
such manner and under such conditions as it may deem fit, repossess the
leasehold or any portion if the possession is reasonably necessary in the
interest of defence, public safety, public morality, public health, town
and country planning or the utilisation of that or any other property for
purposes beneficial generally or to any section of the public."

Lawyer Chris Mhike said such sections scare away banks from lending to
holders of such leases. "That clause is dangerously wide because it wipes
away the same concept of security of tenure that it is seeking to
entrench for the benefit of the farmers," Mhike said. "The inclusion of
wide and vague provisions in legal documents and instruments is
unreasonable and untenable in any democratic society," he said. Mhike
said it was sad that a "government that pledged to be revolutionary
should give its citizens rights that are less than the ones that the
coloniser gave to himself".

The document goes further to erode the security by stating in sections 23
that government shall not be obliged to pay or compensate the farmer for
improvements that it has not approved. That means a farmer can be booted
out of the property with nothing. "This means that government has the
right to compulsorily acquire developments effected by the farmer under
the flimsy reason that they have not been approved," said Mhike.

Bankers are worried that the lease is not transferable without permission
from government. An official from a local commercial bank said the fact
that the lease cannot be transferred and the right of government to
repossess the property make it impossible for banks to consider it as
collateral. "It's very difficult because it does not give us the
guarantee that the bank will be able to recover its money if the farmer
defaults on the loan payment," said the official.

The previous leases that were held by farmers before the land reform
could be auctioned if the farmer failed to pay. The new owner was
entitled to utilise the farm for the remaining portion of the lease's
duration. Most banks have already given the lease document a wide berth
as a security asset.

But the scandal goes beyond land. Section 9.5 says no farmer shall sell
five heads of cattle without offering one to government. "Any group of
five or more head of cattle reared or pastured on his or her leasehold at
any time, the leaser shall, in writing, offer one in five head of cattle
from such group to the lessor (government)," says the lease. It states
that government shall have the first right of refusal to buy the cattle.
If government fails to take up the offer the farmer is prohibited from
selling the cattle at a price higher than what the government was
prepared to pay for them.

Simply put, this means that government is not only controlling the price
of cattle but is also giving itself the right to buy 20% of national herd
at a price that it sees fit. The saddest part of the document, experts
say, is that it does not leave room to the farmer to challenge the
cancellation of the lease. Amendment 17 of the constitution says farmers
shall not bring to court land issues involving government. This means
that farmers can lose their land and improvements on it without any
alternative for redress at law.

Human rights lawyer Otto Saki said the lease does not have checks and
balances to deter government from using its authority to prejudice
thefarmer. "Such a document could be used as a political tool by
government to dispossess people who are perceived as not loyal to the
party," said Saki. Even more worrying is that past experience with regard
to land has shown that government can tamper with tenure laws when it
suits its agenda. For instance, after failing to win court cases against
white commercial farmers, government went on to amend the constitution
which effectively nationalised the land.

Saki said like most laws that have been created in the past six years,
the lease does not provide the required checks and balances that protect
the farmer. "Because it lacks the required checks and balances to avoid
abuse, there is nothing that can stop the government from cancelling the
lease at any time especially when it is armed with such dangerous Acts as
Amendment number 17," said Saki. "For example there is nothing that can
stop the Minister of Agriculture from cancelling a farmer's lease to
bring in his connections."


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Musicians continue to suffer from censorship

Zimbabwejournalists.com

    By Rhoda Mashavave

     INSTANBUL - Zimbabwe is among countries that continue to experience
music censorship from the ruling government resulting in musicians who wish
to sing about the country's on-going political and economic crisis having to
do that from abroad.

      Belarus, Afghanistan, Ivory Coast, Algeria, Turkey, Cuba and China are
some the countries which also continue to experience music censorship from
their governments.

      A musical conference, Freemuse, which held its 3rd Conference in
Istanbul, Turkey with the theme entitled "Music will not be silenced",
discussed the issue of censorship and many others affecting the arts world.

      A report prepared by Maxwell Sibanda, a Zimbabwean journalist and
Freemuse committee executive member, said: "Censorship of music has been
rife in Zimbabwe but it has been made worse by the reign of the then
Minister of Information, Jonathan Moyo who blacked out foreign from being
played in Zimbabwe.
      "Zimbabweans have been forced to listen to the songs which were
composed by government bootlickers."

      Even to this day, following Moyo's departure from the ruling party,
music which is considered against the President Robert Mugabe is never
played hence many local singers have turned to gospel music which is
considered non political.

      The censorship has forced the Chimurenga music icon, Thomas Mapfumo,
to live in exile in the United States of America. Not only musicians have
suffered even the radio presenters who played music composed by those viewed
as anti-government were retrenched from their jobs.

      Said Sibanda: "In Zimbabwe, music has for centuries held a special
place in the people's culture and identity. Harvests, rain and hunting
ceremonies, celebrations, wars and traditional rituals are all accompanied
by particular songs and music. The Zimbabwean politician has also embraced
music, composing catchy tunes which are spiced with campaign messages. The
government began commissioning musicians to record music productions in
2000, most being songs supporting land policies. By 2005 it had recorded a
number of music albums and videos. Former Information Minister Professor
Jonathan Moyo wrote and composed several of the songs. The Zimbabwe 2005
parliamentary elections turned out to be a battle of songs."

      He added: "Elliot Manyika, a cabinet minister and the ruling Zimbabwe
African National Union - Patriotic Front (Zanu PF) national commissar and
elections director composed an eight-track album called Zimbabwe 2005.
Former Information Minister Professor Jonathan Moyo released his own
campaign album called Phambili LeTsholotsho. The Movement for Democratic
Change (MDC) released a set of compositions by legislator Paul Madzore which
were played at their political rallies."

      The Zimbabwean musician has been speaking through music, through song.
For others the right to sing freely has been curtailed by being denied
airplay at state controlled radio and television stations. For others who
"compose and sing the right songs", the airwaves have been their
 playground."

      Whilst in Ivory Coast it is almost the same story as popular reggae
artist Fadal Dey lamented, some of his songs were not being played on the
radio and state television as his music is considered to the rebelious.

      He described censorship of music as violation of human rights.

      "It pains me a lot that my music is not being played on the national
radio or television. My songs are a mirror to the society I live. It is a
crime to shut them out from the radio and television. People need to listen
to my songs," said Fadal.

      On a good note Fadal said: "The sale of my songs have tripled because
people are now curious to hear my music because of the boycott from the
public radio and television."
      "I have been inspired by this gathering that I have more energy to
complete my new album entitled Free Iraq. The world should know that people
in Iraq are suffering and they need our support," Fadal said at the end of
the conference. He sings in French.

      Shakeb Isaar, an exiled video jockey from Afghanistan, was not very
lucky. He had to flee his country after receiving death threats from radical
religious group. He now lives in Sweden where he got asylum.

      "I would have loved to live in Afghanistan but I received threats of
death from fundamental Islamic people. The government turned a blind eye on
my plight. My body was ripped that I have cuts all over my body. My crime
was for playing foreign music on the television," said Isaar.

      "The people who beat me asked me questions like why are you trying to
change the culture, society and the belief of Afghanistan people. Some of
the people who beat me up were even wearing police uniforms. I could not
even trust the policemen or anyone else," Isaar said.
      Isaar is now living in Sweden where he continues to work as Tolo
television entertainment correspondent.
      "Though I miss my job in Afghanistan. I think Sweden is the best
country for foreign immigrants who have suffered under their own people. The
Swedish government helped me a lot. Now I have a lot of friends and I feel
secure. I am in touch with my family in Afghanistan but I had to change my
identity for my own security," said Isaar.

      In Belarus music sang in Belarusian language is assumed to oppose the
state.
      "Music sang in Russian language is considered to be supporting the
ruling regime," said Lemez Lovak, a British reacher who presented a report
on Belarus entitled "Belarus -Hidden Truth".
      Though Turkey has almost crossed the bridge on censorship of music,
the country still has a long way to go.
      Hakki Bulut a Turkish artist said: "Censorship is still alive in
Turkey".
      Artists from Turkey gave their testimonies on how they have suffered
during different regimes and how they have managed to move on.
      Ferhat Tunc a Turkish singer who was once arrested and tortured said:
"Despite censorship we will continue to sing and express ourselves.

      Verdat Tursali had a different opinion as he said: "Censorship is
really a villain and the people who exert it should be punished."
      For the two days researchers, artists and media people discussed
challenges and problems of censorship especially in closed societies.
      The next conference will be held in four years time, for artists,
researchers and media personnel continue to fight censorship from all
corners of the world.


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Army must immediately pull out of rural Matabeleland

zimbabwejournalists.com

    By Julius Sai Mutyambizi-Dewa

     LONDON - Once again the government of Robert Mugabe has deployed its
army into rural Matabeleland.

      In scenes reminiscent of the start of the Gukurahundi campaign against
the people of Matabeleland, members of the military (and propped by their
handlers such as Sydney Sekeramayi), are in Matabeleland at the excuse of
sovereignty.

      It is disturbing that one of the same ministers who were in charge of
the "security" portfolio during the genocide in Matabeleland and the
Midlands is seeing it very normal that the army is present in the same
Tsholotsho area where the bloodiest campaign of the Gukurahundi era was
held.

      The Army is accused of firing at night to intimidate villagers. It
must be recorded that the memories of that barbaric campaign are still fresh
in the minds of Ndebele people although the entire world has decided to
sweep it under the carpet. Some of the people now left at the mercy of the
army are victims of the previous campaign whose call for at least an apology
have been ridiculed by the legitimating of the Genocide by one of ZANU PF's
senior leaders and spokesperson, Nathan Shamuyarira.

      Statements by Shamuyarira were followed by total silence from other
senior figures from Mashonaland such as Robert Mugabe, Joice Mujuru, Didymus
Mutasa etc making it clear that when Nathan Shamuyarira spoke he was indeed
echoing their concerns.

      When the Gukurahundi campaign started, it was under the disguise of
helping commercial farmers and protecting the sovereignty of the country.
The current campaign is under the guise of "Operation Maguta", an operation
no person in Matabeleland invited from the government. Senior political
figures from Matabeleland such as Paul Themba Nyathi have been arrested
under trumped-up charges.

      The crime of Paul Themba Nyathi, a war veteran and veteran human
rights activist (one of the three founders of ZimRights), has been to tell
members of the Zimbabwe National Army that they should refrain from beating
their fathers and brothers and from raping their mothers and sisters, both
legitimate words from a person who gave a lot for the freedom of his
country. In the past people from the largely marginalised provinces of
Matabeleland have complained peacefully by voting the Opposition.

      Their genuine concerns have been that they do not have water to
survive, they have complained against the marginalisation of their languages
as the government has deliberately destroyed languages such as Ndebele,
Kalanga and Tonga by making sure they are not introduced in school curricula
in Matabeleland and in the Ndebele speaking parts of the Midlands (the
majority). People in Matabeleland have seen their culture eroded and another
culture replacing it, they have been humiliated by being shown that they are
indeed second-class citizens in their own country.

      What is happening in Matabeleland now is a symptom of what has become
of Zimbabwe. On 13 September this year (2006) labour leaders were rounded
up, viciously beaten, taken to police custody and tormented for more than 48
hours.

      They had their clothes taken off and were made to appear inhuman by
all standards. This was the reaction of the government to their organising
of peaceful protests against rising costs of living and unfair wages, again
both legitimate concerns of a labour leadership in a country that we all
suffered much to free. On the occasion again their torment was ridiculed as
self-inflicted harm by Didymus Mutasa, the Minister for State Security.
Yesterday the same minister gave a statement that such or even worse action
will be taken against future protesters.

      The MDC UK and Ireland wishes to deplore in the loudest of terms this
kind of attitude. As Zimbabweans we will no longer stand aside as our
Ndebele and Kalanga brothers and sisters are butchered and genocides are
committed under our noses. We resolve to join in the fight against
repression in Matabeleland and walk the walk if need be. The era when people
in Mashonaland, Masvingo and Manicaland regarded what happens in
Matabeleland as an Ndebele thing is over, as Zimbabweans we are back to the
spirit of the First and Second Chimurenga when the principle was common
nationhood.

      In the same light we would like to warn the government and its thugs
that our leaders are untouchable. Our mothers and sisters are untouchable.
Our fathers and brothers are untouchable. We will not allow their continued
humiliation and persecution. In urging the Government of Zimbabwe not to
continue turning our army into a band murderers and demand that the army be
pulled away from the peace-loving people of rural Matabeleland, we want to
remind them that Zimbabweans are capable of far worse things than they (the
government) would have imagined. We are capable of exploring unseen heights
to free ourselves. Yet we remain committed to our responsibilities as a
people to give peace a chance, to let the souls of our fallen heroes rest in
peace!

      Our silence must never be seen as cowardice but just being
responsible. Zimbabweans are not cowards, we are the same people who in
1684, led by Tombolaikona Tjimwango (Changamire Dombo) drove Portuguese
imperialists away from our country, we are the same people who, led by
Mzilikazi, challenged and fought against oppression from Shaka, we are the
same people who led by Lobengula, fought against the British in the
Anglo-Ndebele War, and led by Mbuya Nehanda and Mkwati fought in the First
Chimurenga.

      We were led by Joshua Nkomo, Ndabaningi Sithole, Josiah Tongogara,
Hebert Chitepo and others to fight for our independence. Recently Zimbabwean
soldiers took part in campaigns in Mozambique, Somalia and the DRC. We are
the same people, we have the same blood. Robert Mugabe and his cronies do
not hire people from other countries to be our soldiers, police and CIO. We
are more than capable of doing far worse things than Didymus Mutasa could
have imagined in his sleep. If he thinks we are lying "Ngaambozviedza awone
chete!"

      JULIUS SAI MUTYAMBIZI-DEWA IS THE SECRETARY FOR MDC UK AND IRELAND

      Contacts: 02077206614, 07984254830 and mdcsecretary@yahoo.co.uk

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