The Zimbabwe Situation

http://www.dailynews.co.zw/

By Staff Writers
Monday, 11 July 2011 13:59

HARARE - Three Cabinet ministers, Welshman Ncube, Moses Mzila-Ndlovu and
Priscilla Misihairabwi-Mushonga and several officials from the smaller MDC
faction were arrested in Hwange yesterday as the crackdown against Zanu PF
opponents intensifies.

They were later released without charge after being detained for more than
three hours. The development is likely to shake the foundations of the
inclusive government.

Sadc, the guarantors to the Global Political Agreement (GPA) will also be
stunned, two months after the regional grouping warned President Robert
Mugabe against selective application of the law and arbitrary arrest of
opponents.

Ncube and his delegation were returning from Victoria Falls.

The arrest of the three ministers and the threat to arrest Prime Minister
Morgan Tsvangirai has sent shockwaves in the inclusive government, a few
weeks away from the Sadc summit in Angola which will deal with the political
crisis in Zimbabwe.

The party’s spokesperson, Nhlanhla Ndebele confirmed the development late
yesterday evening and said they were being held at Hwange Police Station.

“They are claiming that we breached Posa by conducting an illegal rally in
Victoria Falls. We are still at Hwange Police Station,” said Ndebele before
their release yesterday evening.

National police spokesperson Wayne Bvudzijena was not available for comment
at the time of going to press yesterday.

Last month, Jameson Timba, the Minister of State in the Prime Minister’s
Office was arrested for “undermining” the president.

Only ministers from the MDC formations have been arrested since the advent
of the inclusive government in 2009.

In Zimbabwe, ministers can only be arrested with the consent of the
president but it could not be established yesterday if he had authorised the
latest arrests.

5 Zimbabwe finance ministry employees arrested

http://www.businessweek.com

The Associated Press July 10, 2011, 4:56PM ET

HARARE, Zimbabwe

Zimbabwe state media says police have arrested five employees of the finance
ministry, which is controlled by Prime Minister Morgan Tsvangirai's party.

Independent rights groups have decried what they call harassment of
Tsvangirai supporters by President Robert Mugabe's loyalists. The two sides
have been joined in an uneasy coalition government following violent and
inconclusive 2008 elections.

The state-controlled Sunday Mail says the five latest to be arrested were
detained Thursday and Friday on allegations of taking unauthorized trips and
violating purchasing procedures.

Last month, hundreds of Mugabe supporters demonstrated at Finance Minister
Tendai Biti's office, demanding increases in civil service salaries. Biti
says the government can't afford raises.

ZANU PF deputy Minister under siege from party mob

http://www.swradioafrica.com/

By Tichaona Sibanda
11 July 2011

The ZANU PF MP for Marondera East and deputy Minister of Labour and Social
Welfare, Tracy Mutinhiri, had to seek police protection from a ZANU PF mob
that was threatening to take over her Tapiwanashe farm on Saturday.

Mutinhiri, best known for views that have put her at odds with many in ZANU
PF, had to fend off the threatening mob following allegations that she is
too close to the MDC-T, especially its leader Prime Minister Morgan
Tsvangirai.

Mutinhiri, whose former husband is Ambrose Mutinhiri a retired army general
and former diplomat, is also accused of having voted for Lovemore Moyo, the
MDC-T candidate for the Speaker of Parliament post, earlier this year. She
has denied the accusations.

Several reports quote the deputy Minister accusing State Security Minister
Sydney Sekeramayi for instigating the siege. Mutinhiri told journalists that
she had become enemy number one within her party, because her comrades were
jealous of her good fortune and closeness to Tsvangirai.

A team of heavily armed police officers in riot gear was sent to protect
Mutinhiri from the mob, which was baying for her blood. There are reports
that Sekeramayi, who lost the 2008 party primary elections to Mutinhiri, has
made it a point to dethrone the deputy Minister from the constituency.

Sekeramayi did make it back to parliament after he was nominated as ZANU PF’s
candidate for the Senate from Marondera-Hwedza in Mashonaland East. He won
this seat by 24,571 votes against 17,370 for Jane Chifamba of the MDC-T. But
there are reports the MDC-T has made major inroads in his senatorial seat
and that Sekeramayi would find it difficult to retain it.

State security allegedly held a meeting with war vets in Marondera last week
Thursday where it was planned to invade the farm. SW Radio Africa is
reliably informed the real reasons behind the attacks on Mutinhiri are to
scare her to ‘quit’ the Marondera East seat.

‘The real politics behind this is very simple. Sekeramayi is not guaranteed
to win back his senate seat and has thus targeted a manageable parliamentary
seat,’ an MDC-T MP said.

He told us that according to their calculations the MDC-T has since 2008
gained more support in Marondera Central, West and part of Marondera East,
which all combined make up the senatorial seat held by Sekeramayi.

‘The Marondera East parliamentary seat is peri-urban and includes many farms
that were invaded by ZANU PF supporters in the last decade. So there is
quite a significant high number of ZANU PF supporters in the constituency,
making it a manageable seat, though the MDC-T can quite easily grab it in
the next election,’ the MP said.

The invasion of the Mutinhiri farm is ironic considering that it was
Brigadier Mutinhiri, with the help of war vets, who illegally invaded and
seized the property in 2002.

It was one of Zimbabwe’s most productive and profitable cattle, tobacco and
mazie farms, worth about £8 million.

The legal owner, Mr. Cartwright, had built homes for his large workforce,
complete with electricity and water and had provided a school for the 400
children who lived on the farm.

Fake notes flood Zimbabwean shops, highways

http://www.timeslive.co.za/

Sapa | 11 July, 2011 06:50

Con-artists using fake notes are targeting business people in Zimbabwe's
rural areas and vendors along major highways in the country.

The conmen reportedly drive around in unregistered vehicles with fake money
in US20, US50 and US100 denominations. They buy goods using counterfeit
notes and get change in genuine notes, Zimbabwe's Herald Online reported on
Monday.

However, not many cases have been reported amid concern that people are not
aware of the scam.

Police spokesman superintendent Andrew Phiri urged the public to be on the
lookout.

"It's the people's duty to ensure that they don't receive fake notes from
customers or anyone they will be dealing with," he said.

He said people, especially those in business, should buy fake note
detectors.

Criminal Investigations Department spokesman Detective Inspector Augustine
Zimbili urged people to report the cases to the police.

Last month, some business people in and around Harare fell prey to conmen
who were using counterfeit money to buy small items in order to receive
change in genuine money.

In Bulawayo last year, some retailers and other businesses refused to accept
high denominations following a series of fake note transactions.

Fake United States dollars believed to be from Mozambique were circulating
in Mutare and surrounding areas.

MDC Parties Mull Coalition

http://www.radiovop.com

Harare, July 11, 2011 - The two Movement for Democratic Change (MDC) parties
say they are ready to form a broad coalition to fight President Robert
Mugabe and his Zanu (PF) party.

However the plan which has been tried in the past but broken by evident
differences is suffering a still birth because none of the two parties is
ready to bury past differences and set the plan in motion.

In interviews conducted by Radio VOP at the weekend with officials from the
two political parties, it was apparent that there parties are interested in
the arrangement but need to overcome ingrained differences from past
interactions.

The MDC party spilt in 2005 in an episode that led to disastrous
consequences for everyone involved as the mainstream MDC party went on to
win elections by a slight margin in march 2008, a result which was however
not enough to enable it to automatically assume the seat of power. On the
other hand the smaller MDC party garnered a few votes but backed Simba
Makoni in the presidential election whose losing margin ensured that MDC
failed to take over power.

However combined, the parties garnered the majority of the popular vote.

“As an institution we are prepared to work with any other institution that
shares the same values and interests with us and the same strategic goals,”
said MDC Secretary General Tendai Biti adding that differences of the past
would however have to be ironed out first before his party can agree to a
pact with the smaller MDC party.

on his part, the leader of the smaller MDC party, Welshman Ncube said while
his party was open to the idea, it will approach it cautiously.

“We went out of our way to try and build a coalition and that’s why we
negotiated and agreed on a coalition which would have seen all of us
supporting Tsvangirai as our presidential candidate in 2008 but MDC T
rejected and we were left on a lurch,” said Ncube.

Ncube said his party is committed to the idea but will wait to be approached
while building its structures because when it suggested the idea in 2008 it
was rebuffed by Tsvangirai’s MDC, a rejection which left it on a lurch and
ensured that it had no presidential candidate in the election.

There is a possibility that the country might have elections next year after
the completion of a constitutional exercise and implementation of necessary
reforms agreed as part of roadmap talks by the country’s three political
parties.

Police demand Biti mobile phone register from Econet

http://www.swradioafrica.com

By Lance Guma
11 July 2011

A campaign to vilify and tarnish the image of Finance Minister Tendai Biti
has escalated, with the police now demanding that mobile phone operator
Econet hand over his call register. Reports suggest a covert operation by
the Central Intelligence Organisation (CIO), which is trying to smear Biti
and several other MDC leaders with stories of alleged affairs and other sex
traps.

Biti’s lawyers have already written to Econet protesting any possible
release of his private communications. Econet, in responding to the letter,
have also confirmed that Biti’s letter came four days after they had
received the police request. Econet CEO Douglas Mboweni said they would “act
in compliance with its operating licence and/or any lawful legislation
governing the release of such information."

That answer did not satisfy Biti and on Tuesday last week he approached the
High Court seeking an interdict preventing Econet from disclosing any
information about his phone lines “without a valid court order”. Biti says
the police are trying to abuse their position by claiming they are
investigating criminal activities.

"I understand and believe that certain members of the police have
clandestinely approached the magistrate with a view to obtaining a search
warrant. It is my respectful submission that such conduct would be unlawful,
as it is against the provisions of the Interception of Communications Act,"
Biti said in his affidavit.

The MDC-T Secretary General also fears Econet will be bullied into
submitting the information and his “constitutional right to privacy would be
unjustifiably interfered with and, in addition, vital information pertaining
to the organisations I am heading will be unlawfully accessed," he said. All
this he said would jeopardise his party's position and “may be used to the
detriment of his ministry.”

A few weeks ago the state owned Sunday Mail newspaper published an article
claiming Biti was having an affair with an economist in his ministry. The
paper went on to publish phone numbers which it claimed belonged to Biti and
were used to communicate with the alleged mistress. Biti has denied the
affair but it appears the police are demanding the call register to try and
bolster the smear campaign.

Biti has been the subject of an escalating hate campaign directed by Mugabe.
Following a bust up between Biti and Mugabe in a meeting, a petrol bomb was
thrown at the durawall of his house and ZANU PF has sponsored several
demonstrations at his office. Additionally a senior police chief recently
asked traditional chiefs and headmen in Murewa to generate lighting to kill
Biti, claiming civil servants will never get a decent wage as long as he is
Finance Minister.

Over the weekend the state media reported that five employees in Biti’s
Ministry had been arrested and detained on Thursday and Friday on
“allegations of taking unauthorised trips and violating purchasing
procedures.” SW Radio Africa understands those arrests will be used to
justify the police request for Biti’s telephone communications from Econet,
even though the focus is on the smear campaign that involves the alleged
affair.

Military Junta’s hold on power dangerous for Zimbabwe

http://www.swradioafrica.com/

By Tichaona Sibanda
11 July 2011

Any future election in Zimbabwe, without security sector reform, will not be
free and fair, a leading security and defence expert said on Monday.

Dr Martin Rupiya, a former security and defence advisor to Prime Minister
Morgan Tsvangirai, said Zimbabwe is now entering a very fragile and
dangerous period where the military’s hold on power is a major threat to the
country.

Rupiya pursued a military career for 17 years and retired from the army in
1989 as a lieutenant colonel. He told SW Radio Africa the regional SADC bloc
should realise political parties in the country are losing control to the
rogue security sector.

His comments come at a time when the Junta has rolled out a campaign
strategy for ZANU PF. It involves a pre-emptive plan of military
intimidation plus mobilisation of the militia and war vets for deployment
against MDC centres of electoral strength.

This objective is to disrupt MDC electoral mobilisation and to intimidate
its supporters either into staying away or, preferably, into voting ZANU PF.

Rupiya warned of dire consequences of allowing the country to go into an
election without security sector reforms, saying: ‘ZANU PF has lost control
of the military and the same Junta is not accountable to any political
parties in Zimbabwe. This situation comes at a time when other structures
from all parties were beginning to have consensus to find a lasting solution
to the country.’

He explained that ZANU PF and the MDC formations have engaged and found some
consensus through party levels, parliament, cabinet, negotiators and
principals. But the security sector remains fiercely loyal to Robert Mugabe.

‘Mugabe and Tsvangirai speak to each other in their weekly meetings, while
party negotiators have been meeting regularly. We have a cabinet that is all
inclusive of the parties in the GPA and we have legislators who have worked
together in Parliament and Jomic brings together party members from the
lowest level to their meetings.

‘But the Junta has remained aloof and not accessible to anyone other than
Mugabe. We will have a major crisis if Mugabe was to be rendered not fit to
run his office as the Junta does not recognize anyone except him. This is
where SADC should insist on security sector reforms before the next poll,’
Rupiya added.

Retired Air Vice-Marshall Henry Muchena, who now heads the ZANU PF
commissariat, is reportedly coordinating the party's military-created
elections strategy, driving a program to revitalise the party by attracting
young turks, mainly retired military officers.

Chinese pile into Harare tobacco

http://www.businessday.co.za

RAY NDLOVU
Published: 2011/07/11 07:58:50 AM

SPURRED on by big-spending Chinese buyers, who have bought nearly 40% of all
tobacco produce this season, Zimbabwe’s tobacco sales have risen 17% from
last year.

Since the beginning of the tobacco season, Chinese buyers have been offering
higher prices for the leaf and have made headway into an industry largely
dominated by western countries.

Traditional western tobacco buyers with operations in Zimbabwe include the
multinational British America Tobacco, which has had to compete alongside
Chinese companies such as Tian Ze, a member of the Chinese Tobacco Company.

Chinese dominance of Zimbabwe’s tobacco industry has been a statistic often
used by President Robert Mugabe’s Zanu (PF) party as evidence of the success
of its new "Look East" policy.

Wilfred Nhemwa, of the Tobacco Association of Zimbabwe, said last week: "The
Chinese are bringing in money and they are coming to buy the tobacco, and
this is financially advantageous as they are providing much-needed
competition on the auction floors."

Zimbabwe has three auction floors and media reports suggest the Tobacco
Industry and Marketing Board is "reviewing" 20 new applications for the
opening of new auction floors — in anticipation of a further rise in tobacco
production next season.

The country is trying to boost tobacco output, at 170-million kg this year
and still below peak levels of about 236-million kg achieved in 2000, before
Mr Mugabe’s seizures of most white-owned farms.

Air Zimbabwe ready to fly again

http://www.africareview.com/

By KITSEPILE NYATHI in HararePosted Monday, July 11 2011 at 13:15

Zimbabwe’s troubled airliner will Tuesday resume local and regional flights
after one of its three planes that were grounded in April over safety
concerns, was certified fit to return to the skies.

The Civil Aviation Authority of Zimbabwe (CAAZ) grounded Air Zimbabwe’s
three Boeing 737-200 planes, insisting that they had reached the end of
their economic life span.

The debt ridden national carrier was forced to stop servicing local routes
and entered an agreement with a Zambian private airline to ply regional
routes.

But the deal crumbled a month ago after Air Zimbabwe failed to pay $460,000
for the aircraft it leased from Zambezi Airlines.

Mr David Chihota, the CAAZ chief executive officer, said the remaining two
aircraft will be cleared in the next few weeks.

“The three 737-200 planes that have been grounded have been cleared,” he
said.

“One is ready for service immediately and the other two are almost done.

The challenges

“All conditions required by CAAZ are being met and the planes are fit for
all the purposes.”

Details of more ZANU PF infighting emerge

http://www.swradioafrica.com/

By Alex Bell
11 July 2011

The details of more infighting within Robert Mugabe’s party have emerged,
with ZANU PF factions reportedly squabbling for control of crucial
departments.

According to the Zimbabwe Standard newspaper, factionalism is now rearing
its head for the control of the publicity and commissariat departments,
which apparently will be crucial in deciding Mugabe’s successor.

The newspaper quoted sources who said that the faction aligned to Defence
Minister Emmerson Mnangagwa, is determined to control the party’s
information desk, which is currently controlled by the faction aligned to
the Solomon Mujuru camp.

The sources allege that the Mnangagwa faction has roped in ZANU PF’s
notorious spin doctor Jonathan Moyo, to “undermine” the Mujuru faction,
which controls the information department through spokesperson Rugare Gumbo.

The sources also said that the Mnangagwa camp has “recruited” war vets
leader Jabulani Sibanda, who has “virtually camped in Masvingo and (is)
currently behaving like the ZANU PF de facto political commissar.”

“The Mnangagwa faction wants Moyo, whom they know is very eloquent, to
undermine Gumbo and by extension the whole Mujuru faction by pretending to
be speaking and writing on his personal capacity and yet expressing party
positions,” said one of the sources.

Moyo’s recent outbursts are also said to have angered the Minister of
Information and Publicity, Webster Shamu, who is said to have recently
ordered the Zimbabwe Broadcasting Corporation not to quote Moyo.

Civil servants’ salaries - New GNU battlefield

http://www.dailynews.co.zw

By Everson Mushava, Staff Writer
Monday, 11 July 2011 14:44

HARARE - Civil servants, a largely docile group that has for two years
suffered the burden of an underperforming economy, has become the latest
battleground for Zimbabwe’s constantly bickering coalition government.

Some political and economic analysts say while the fight over civil servants’
salaries may not collapse the coalition government, it serves to show how
dysfunctional President Robert Mugabe and Prime Minister Morgan Tsvangirai’s
coalition is.

Worker associations’ recent announcement that the government had awarded
them a modest salary increment has left coalition government partners at
each other’s throats.

Mugabe’s camp has confirmed the increments. His opposite number Tsvangirai,
on the other hand, has been left fuming saying he was not consulted over the
increase.

Some have described the on-going civil servants salary war as an extension
of the political infighting that has affected the coalition government’s
ability to deliver basic services and attract investment necessary for
economic recovery.

Last week, one of Mugabe’s best friends, China’s ambassador to Zimbabwe, Xin
Shunkang, urged coalition partners to depart from peddling narrow political
agendas and focus on economic recovery initiatives.

Civil servants, a key constituency because of its wide membership, have
become the new turf for the long-time rivals turned awkward coalition
partners Zanu PF and the MDC.

Government workers have been fighting for a pay rise since January and their
hopes were raised when Mugabe in April promised to double their pay in June.

Suddenly they have found themselves in the midst of a political war, while
in the dark on whether they will get the money or not.

Finance Minister Tendai Biti has vehemently said the government has no money
to sustain the increment.

Biti argued that the review would increase the monthly civil service wage
bill by $29 million to around US$104 million against a monthly average of
$75 million from January to June. Mugabe, according to state media, has
approved the salary increment.

But Tsvangirai’s camp is digging in. His Public Service Minister, Eliphas
Mukonoweshuro, told the Daily News he was shocked to read about the
increment in the newspapers.

Even unions have turned to political language when debating the matter.

“This is purely a labour relations issue that has turned political,” said
Zimbabwe Teachers Association (Zimta) executive director Sifiso Ndhlovu
before launching into a tirade against Biti.

“What we have is a situation in which minister Biti is trying to use civil
servants salaries as a lever to get access to outstanding issues in the
Global Political Agreement,” he said.

“Unfortunately, some trade unionists have openly declared allegiance to some
political parties,” Ndhlovu told the Daily News.

Raymond Majongwe, leader of a rival union, the Progressive Teachers Union of
Zimbabwe on the other hand accuses Zimta of being used by Mugabe.

“It boggles the mind why a labour body should speak on behalf of government
instead of representing the interests of its workers who are struggling,”
said Majongwe, referring to Zimta.

“The country’s resources are not controlled by the treasury. Biti does not
control diamond funds. Why blame him? ” Majongwe asked.

Man caught with gun at State House

http://www.dailynews.co.zw

By A Chegutu man is in trouble after being caught with an unregistered gun
at State House.
Monday, 11 July 2011 17:59

HARARE - A Chegutu man is in trouble after being caught with an unregistered
gun at State House.

Josphat Tarubinga, 63, appeared before Harare magistrate Archie Wochiunga on
charges of contravening Section 4 (1) as read with 4 (2) (b) of the Firearms
Act, chapter 10:09) for unlawful possession of a firearm.

Prosecutor Desire Chidanire Mupudzi alleges that on the afternoon of March
30 this year, Tarubinga was driving his Nissan Elgrand vehicle along Josiah
Tongogara Street in the Avenues area.

According to state papers, when Tarubinga was driving past the State House,
he realised that he had lost his direction and decided to make a U-turn.

“This made the State House security agents to stop and question him,” read
part of the state papers.

Mupudzi told the court that Tarubinga was searched and they found him in
possession of a FN Browning pistol and he failed to produce a valid firearm
certificate.

The court heard that on April 1 this year, checks were made with the Central
Firearms Registry and it was established that the gun was not registered.

Tarubinga is back in court on July 14.

Both MDC parties want Gukurahundi to be investigated

http://www.swradioafrica.com

by Irene Madongo
11 July 2011

The two MDC factions in the coalition government have said the Gukurahundi
massacres need to be looked into, as victims families are still suffering
from the consequences.

The Gukurahundi massacres, which saw an estimated 20,000 people in
Matabeleland killed by troops loyal to Robert Mugabe, has been classified as
genocide.

The MDC remarks are in contrast to those of ZANU PF’s John Nkomo, who said
Zimbabweans need to reach closure on the massacres. “President Mugabe came
to Bulawayo when we were over that period with the late Vice President
Joshua Nkomo and we all went to Brethren-In-Christ Church here in town and
he said it was a moment of madness” Nkomo stated in the Herald. “They agreed
with Umdala uNkomo that it should be a closed chapter. It was indeed a
regrettable period in our country and people must engage and as the Organ on
National Healing, our task is to say how it can be handled because fires are
being fanned.”

But on Monday the MDC-T’s Douglas Mwonzora dismissed Nkomo’s remarks. “It is
not a closed chapter because the issue is not whether Joshua Nkomo declared
it closed. It is what the victims think. Families were decimated because
their breadwinners were killed,” he said, “Even grown up people are still
traumatized but what they saw during Gukurahundi, some saw pregnant women
dissected by troops for allegedly hiding dissidents. Surely the murderers
must be brought to book.”

Nhlanhla Dube, spokesman for the Welshman Ncube MDC, also said the massacres
were not a closed issue as victims are still suffering. “A lot of the
suffering involves emotional trauma, women were raped, they never had
counseling, some had children from that rape – they still see those children
everyday. Also many have relatives and don’t know where they are buried.
Lots more children can’t get birth certificates because they don’t have
their fathers’ birth certificates,” he said.

“What we are calling for is for the nation to deal with it, not close it,
and face up to the past,” Dube said.

Unofficial poll result announcers face jail

http://www.herald.co.zw/

Saturday, 09 July 2011 02:00

By Zvamaida Murwira
POLITICAL parties and their members will be liable for criminal prosecution
for pre-empting the official announcement of results of any national
election, new poll regulations have revealed.
The Zimbabwe Electoral Commission is the sole body mandated to run and
announce poll results countrywide.

Regulations released last week also stipulate that before being nominated as
a party candidate, a person would have to be certified by an officer whom a
political party indicates to ZEC.
This is expected to go a long way in curbing incidents where more than one
candidate from one political party submit their names before the nomination
court to stand for a particular constituency.
On the announcement of poll results before official declaration by ZEC, the
Electoral Amendment Bill provides for a fine or imprisonment of up to six
months or both.

The Bill is now expected to be tabled before Parliament for debate when it
resumes sitting next week and will be passed with or without amendments.
"No office bearer or member of a political party shall purport to declare
and announce the results of any election before it has been declared
officially by an electoral officer," read the regulations.
In the 2008 harmonised elections, MDC-T secretary-general Mr Tendai Biti was
arrested after he convened a Press conference where he announced that his
party leader, Mr Morgan Tsvangirai, had, according to their calculations,
won the presidential election by more than the constitutional threshold that
did not require a presidential run-off.

This was before ZEC had announced the results, which later turned out that
none of the three candidates - President Mugabe of Zanu-PF, Mr Tsvangirai
and Dr Simba Makoni of Mavambo - had garnered sufficient votes to avoid a
presidential run-off.
Clause 14 of the Bill, tightens requirements for a candidate standing for
election on behalf of a political party to satisfy the Nomination Court that
the party wants him or her to represent it.
"For the purpose of subsection (2), each political party contesting the
election concerned shall provide the commission with the names of at least
three office bearers of the party, any one of whom will be authorised to
provide the certification required by that section," read the regulations.

To curb political violence and intimidation during elections, Clause 33 of
the Bill obliges the Commissioner General of Police, in consultation with
the Zimbabwe Human Rights Commission, to appoint a senior police officer for
each provincial centre to act as special police liaison officer responsible
for expeditious resolution of violence raised by any stakeholder.

Those fingered for the offences would be prosecuted and if convicted may be
fined, imprisoned and banned from performing political activities for a
stipulated period.

On accreditation of election observers, there shall be an Observers
Accreditation Committee to consider applications with ZEC being the final
authority as the Ministers of Justice and Foreign Affairs will no longer
have a veto over the accreditation of observers.
On voter education, ZEC will be responsible for the exercise, supervise
other bodies allowed to do the process, while foreign organisations are
prohibited from voter education but allowed to provide funding to the
electoral body.

"Trusts providing voter education must be predominantly Zimbabwean in
character. The new section penalises persons who, with intent to circumvent
the restrictions on the provision of voter education specified in the law,
provide voter education under the guise of providing it as part of a course
in law or civics or any other subject for students at an educational
institution," read the regulations.
On media coverage, the Bill requires media houses, particularly the public
media to give fair coverage to all parties contesting an election.

ZEC may request assistance of the Zimbabwe Media Commission and the
Broadcasting Authority of Zimbabwe in monitoring the conduct of the media
during elections including its post election report.
"This section shall not be construed as preventing anyone other than ZMC
from monitoring news media and reporting on their conduct during an election
period," read the regulations.

A media house shall not be obliged to publish political advertisements from
political parties contesting an election but if they are prepared to do so,
should offer the same terms and conditions of publication without
discrimination to all parties and candidates.

Election will be held between 42 and 63 days after nomination day and the
same period will apply with respect to presidential election run off should
no candidate garner more than 50 percent of the votes.
Postal ballots will only be used by persons on government business or
diplomatic service, while the police and soldiers who will be away from
their constituencies on electoral duty will vote in advance.

Transfrontier conservancy hit by rampant poaching

http://www.swradioafrica.com

By Alex Bell
11 July 2011

The Zimbabwe section of the world’s largest inter-regional conservation park
has been hit by rampant poaching, with at least 20 elephants being
slaughtered in recent months.

The Gonarezhou National Park, which is part of the Great Limpopo
Transfrontier Conservation Area, has seen an alarming upsurge in
cross-border poaching of elephants. Late last year ten elephants were killed
in Gonarezhou and at least six more are said to have been killed in the same
area, in the last month alone.

SW Radio Africa has been sent shocking images of the slaughter of elephants
in the Chiredzi River Conservancy, which is set to form part of the planned
Transfrontier ‘Peace Park’. The images show two elephants that were
butchered for their tusks last month. One was an adult bull, and the other
was a young cow with a very small calf. It’s not clear if the calf has
survived.

(The images can be viewed by following this link:
http://www.swradioafrica.com/Documents/poachers070711.pdf )

SW Radio Africa has been told that the poaching is connected to infighting
within ZANU PF, with top ‘chefs’ fighting to take over whatever remaining
assets the country has left. Wildlife conservancies across the country have
reportedly been invaded by hordes of people, working under top party
officials, and the result is a devastating level of poaching.

In May it emerged in a report that ZANU PF is linked to a complex,
international syndicate that is specialising in the trafficking and poaching
of Zimbabwe’s wildlife. According to a report published by the Daily News
newspaper, the ZANU PF officials are part of an “intricate web of
international trafficking in wildlife that has raised the hackles of animal
lovers and wildlife conservationists.”

The party’s involvement has been revealed in the ongoing case against a
group dubbed the “Musina Mafia,” which is believed to be Africa’s biggest
rhino, elephant and lion poaching syndicate. Eleven members of the group
were arrested last year and are facing charges of poaching, illegal gun
possession and other crimes, in the border town Musina. Their boss, a South
African citizen named Dawie Groenewald, has connections with top ZANU PF
officials who have been implicated in poaching rings since before 2003.

Johnny Rodrigues, the chairman of the Zimbabwe Conservation Task Force, told
SW Radio Africa on Monday that the involvement of top ZANU PF officials is
well known. He explained that it is all connected to the party’s land grab
scheme, “and the only objective that I can see is greed.”

“The easy way of getting rid of the conservationists to take the land, is to
intimidate. And the poaching is a clear intimidatory tactic. So they are
using the animals to achieve their objective,” Rodrigues said.

Rodrigues continued by saying that the breakdown of the rule of law in
Zimbabwe means there is no accountability and no way of enforcing any
protection laws.

“Its going to get much worse before it gets better. If we don’t put a stop
to it the sad truth is we will see the extinction of these animals here,”
Rodrigues said.

Meanwhile, the World Wildlife Foundation (WWF) has revealed that nearly 200
rhinos were killed in South Africa in the first half of 2011, with most
slaughtered in the world-famous Kruger National Park. The group said in a
statement that South Africa lost 193 rhinos in the first six months of the
year, with 126 of them killed in Kruger. Last year a record 333 rhinos were
killed in South Africa, which is home to about 70 percent of the world's
rhino population.

“Poaching is being undertaken almost without exception by sophisticated
criminals, sometimes hunting from helicopters and using automatic weapons,”
said Joseph Okori, WWF’s African rhino programme coordinator. “South Africa
is fighting a war against organised crime that risks reversing the
outstanding conservation gains it made over the past century.”

Harare Airport to have 'longest runway in Africa'

http://www.newzimbabwe.com

11/07/2011 00:00:00
by Staff Reporter

THE Harare International Airport will boast Africa’s longest runway by
December as the country seeks to lure major international airlines,
officials said on Monday.

In addition to the 5km runway costing US$30 million, the Civil Aviation
Authority of Zimbabwe (CAAZ) is also upgrading the Victoria Falls Airport
runway which will give it capacity to land large aircraft like the Airbus.

CAAZ CEO David Chawota said they also expect work on the new Joshua Mqabuko
Nkomo International Airport terminal building in Bulawayo to be complete
within months as the country moves to reposition itself as a major tourist
destination.

Finance Minister Tendai Biti went on a tour of the new Harare International
Airport runway which is being constructed by local firm, Bitumen
Construction Services.
He said: “The airport is the gateway to Zimbabwe and it is important to have
first class, modern facilities.”

CAAZ is also upgrading information display systems at the Harare
International Airport, along with surveillance and security systems
equipment installed in 1992. A parliamentary report concluded last year that
the facilities were “not fit for purpose”.

Biti stepped in to provide funding for the infrastructure projects forcing
CAAZ to shelve plans for an Aviation Infrastructure Development Fund (AIDF)
levy which would have seen domestic travellers charged US$10 and
international passengers US$30.
CAAZ was aiming to raise US$400 million from the levy for the rehabilitation
of airport infrastructure.

Ncube will never be principal — Mutambara

http://www.thezimbabwemail.com/

11/07/2011 10:40:00 OWEN GAGARE,

Deputy Prime Minister Arthur Mutambara has defiantly dismissed
recommendations by the Global Political Agreement (GPA) negotiators to
replace him with Welshman Ncube, one of the principals in the GPA, declaring
that would never happen.

Ncube toppled Mutambara from the helm of MDC-N at the party’s congress in
January this year.

As the new leader of the party, GPA negotiators from all Zimbabwe’s three
main parties last Monday recommended to the other two principals, President
Robert Mugabe and Prime Minister Morgan Tsvangirai, to accept Ncube as one
of theirs.

The negotiators put time frames on all issues they had agreed on, save for
the constitution which would be determined by Copac.

They, however, left niggling issues, among them security sector reforms, to
the principals.
There were concerns by the negotiators that MDC-N would be disadvantaged
since their principal (Ncube) was not part of the meetings.

“I know for certain that the negotiators made the request (that Ncube be
accommodated and Mutambara be dropped), but as far as we are concerned, it’s
a closed chapter,” said Mutambara’s spokesperson Maxwell Zimuto.

“They can make the recommendation as many times as they want, but it will be
rejected. Even if they recommend 100 times, it will be rejected 100 times.
The principals rejected that bid on the 9th of May 2011 and nothing will
change.”

GPA negotiators and Sadc recognise Ncube, who has a High Court order
stopping Mutambara from “purporting” to be the leader of the party, as the
leader of MDC-N.

Ncube has been invited to Sadc summits dealing with the Zimbabwe crisis as
the MDC-N leader while Mutambara has received invitations in his capacity as
the Deputy Premier.

In the election roadmap, negotiators rechristened the Ncube-led party MDC-N,
and went on to define a principal as leader of a political party.

“He was part of the principals’ meeting on Wednesday which discussed civil
servants’ salaries among other things. He will continue handling issues to
do with the GPA. What the negotiators are doing by defining the word
principal, is an attempt to rewrite the GPA, but they will not succeed,”
said Zimuto. -NewsDay

I don’t hate police but their deeds’ - PM

http://www.thezimbabwemail.com

11/07/2011 10:31:00 MOSES MATENGA/ TATENDA CHITAGU

MASVINGO - Prime Minister Morgan Tsvangirai yesterday fumed over elements in
the inclusive government which he said were “square pegs in round holes” in
the three-legged coalition.

Addressing thousands of MDC-T supporters in Masvingo, Tsvangirai singled out
three ministries as impediments to the implementation of programmes in the
inclusive government.

“Three ministries have failed the inclusive government,” he said.

“First, the Ministry of Media, Information and Publicity, which is
suppressing other voices and propagating hate speech against the MDC-T.
Recently, we called (Webster) Shamu (the minister) to explain, but he could
not explain. It has let us down.

“Secondly, the Justice ministry, because of the manner in which justice is
being delivered, for example, (Attorney-General Johannes) Tomana. He must
protect the ministers, but he is at the forefront prosecuting the ministers.
I said a long time ago that he was a square peg in a round hole.

“Even President (Robert) Mugabe asked why people go to jail with no case to
answer.

“Thirdly, there is the Ministry of Home Affairs. I don’t hate police, but I
hate some of their deeds. If we had them doing their job, there would be
peace and stability in the country. If you see an institution with one
person who is always at the helm like a headman forever and ever, there is a
problem.

“Institutions must be renewed and this includes the MDC-T.”

Tsvangirai said the police force was building tension by defending the power
and positions of individuals.

He said the GNU had made a lot of progress in addressing thorny issues, but
the discord and lack of commitment by other partners was derailing the
achievements.

“We have made steps, but now, because of the discord, there is no commitment
to working for the people. It’s chaos. People no longer have confidence in
the inclusive government.”

Tsvangirai said he was not happy with the way his ministers were being
arrested without his knowledge, adding that it was one factor affecting the
GNU.
“As long as Zanu PF is sabotaging progress, this inclusive government is
going nowhere.

“People must fight for their rights and should be at the forefront of the
struggle. We have to mobilise against those who infringe on our rights, no
matter who that is.”

He said government was committed to addressing the plight of civil servants,
adding that they had remained “super patriots” even during difficult times.

Turning to the diplomatic front, Tsvangirai said: “We were at a Sadc meeting
recently with our issues that are continuing. Zimbabwe is a shame because
there is this and that, but all party negotiators want to agree on a roadmap
to free and fair elections to end the crisis.”

Speaking at the same occasion, MDC-T secretary-general Tendai Biti said Zanu
PF had lost friends in Sadc because of violence.

Theresa Makone, chairperson of the party’s women assembly, called for the
ouster from Masvingo of Jabulani Sibanda, leader of a faction of the war
veterans’ association whom she accused of launching a campaign of terror in
Masvingo province.

“We plead as women that Jabulani Sibanda must be taken back to Matabeleland.
I want to tell him that the time to terrorise people has passed and the
people will not be intimidated. Real soldiers are there to defend us.
Zimbabwe is at peace and we do not need soldiers to open their big mouths,
but to concentrate on defending the country,” she said. - NewsDay

Zimbabwe profile

http://www.bbc.co.uk/

11 July 2011 Last updated at 15:22 GMT

All broadcasters transmitting from Zimbabwean soil, as well as the main
newspapers, are state-run and toe the government line.

Under the 2008 power-sharing deal, the government in December 2009 set up
the Zimbabwe Media Commission (ZMC). The move was aimed at spearheading
media reforms, including the licensing of new press and broadcasting
outlets.

The main pro-government dailies, the Harare-based Herald and the
Bulawayo-based Chronicle, are tightly controlled by the Information
Ministry. Private publications, which are relatively vigorous in their
criticism of the government, have come under severe pressure.

In June 2010, newly-licensed title NewsDay hit the streets, becoming the
first privately-owned daily to publish in seven years. The private press
also comprises weeklies the Standard and Zimbabwe Independent. Another
weekly, The Zimbabwean, is produced in London and distributed in Zimbabwe as
an international publication.

However, cover prices are beyond the reach of many readers and publishers
have been hit by escalating printing and newsprint costs.
Draconian laws

A range of draconian laws and institutions, along with prison sentences for
"publishing false news", are used to clamp down on critical comment.
Journalists who fail to register with a government body risk imprisonment.

Zimbabwe Broadcasting Corporation (ZBC) operates the only TV and radio
stations under the umbrella of state-owned Zimbabwe Broadcasting Holdings
(ZBH).
Continue reading the main story
“Start Quote

The urgent task ahead is for an easing of laws and encouragement to the
independent press, previously one of Africa's most vigorous, to get back on
its feet again”

Reporters Without Borders, 2009

Radio is the main source of information for many Zimbabweans. Although there
are no private stations, overseas-based operations broadcast into Zimbabwe.

The Voice of the People, set up by former ZBC staff with funding from the
Soros Foundation and a Dutch organisation, operates using a leased shortwave
transmitter in Madagascar.

Another station, the UK-based SW Radio Africa, aims to give listeners in
Zimbabwe "unbiased information".

From the US, government-funded Voice of America (VOA) operates Studio 7,
which aims to be a source of "objective and balanced news".

Radio broadcasts by foreign stations deemed hostile to the government are
subject to deliberate interference.

Zimbabwe’s economic plans: still stale

http://blogs.ft.com

July 11, 2011 4:02 pm by Tony Hawkins

Four new economic programmes in less than 30 months in office might suggest
that Zimbabwe’s fragile coalition government is bursting with new ideas.

But there is little fresh thinking in new industry policy plans – a decision
to “pick winners” in particular harks back to protectionism, while the
medium-term development plan repeats some of the World Bank’s structural
adjustment mantra of 20 years ago.

The coalition government launched two short-term emergency recovery
programmes (STERP 1 and 2) in 2009, and then followed them up with an
industrial strategy early this year, and a medium-term development plan last
week.

Hardly surprising therefore that at the public launch of the 5-year
medium-term plan (MTP) last week, Prime Minister Morgan Tsvangirai,
President Robert Mugabe’s junior coalition partner, asked “Why should we be
inspired by this MTP? We have had so many plans,” adding that over the last
six months his coalition has been “dysfunctional”.

The plan itself justifies his doubts.

It is non-committal on key issues. It does not say how the government will
tackle a foreign debt of over 100 percent of GDP, most of it arrears. It
glosses over the conflict between its target of $9.2 billion of investment
over the five year (2011-2015) period to be achieved by a “comprehensive
investment drive” and the government’s “indigenization” programme requiring
foreign firms to dispose of 51 percent of their shares in local businesses,
something which will hit the mining sector quite hard.

Mining is forecast to drive growth of 7.1 per cent annually with diamond
output surging from 8 million carats this year to 21.5 million by 2015 while
production of gold, nickel and coal will all double. The investment
necessary for this, estimated by the mining industry itself at over $6
billion, is not going to happen if Indigenization Minister Saviour
Kasukuwere from Mugabe’s Zanu-PF wing of the coalition pushes through his
plans to achieve majority local ownership of the industry by the end of this
year.

Consistency is not the MTP’s strong suit. It is unclear how mining output
can double while electricity capacity increases only 50 percent. Zimbabwe
today generates less electricity than it did at Independence 31 years ago.

It is the same with rail transport, also crucial to mining development.
Capacity is 18 million tonnes but less than 3 million tonnes were moved last
year because only one third of the locomotive fleet is functional.
Moreover, the total investment budget is $9.2 billion, while mining and
public sectors need $10 billion between them, leaving nothing for the rest
of the economy.

With both private sector capital spending and public sector investment
falling short of target, the 7.1 percent growth rate target looks decidedly
flaky. Perhaps the most glaring weakness is the assumption that an economy
that devotes 92 percent of national income to consumption can grow at over 7
percent a year.

Given all this, Zimbabwe’s hope that American-style consumption will drive
growth looks misplaced. What the country needs is a debt agreement with its
creditors and the dilution, if not the outright rejection, of its
“indigenization” programme.

Without these two economic fundamentals in place, as well as free elections
leading to the replacement of the deeply-divided coalition by a majority
administration, the MTP is more aspirational than achievable.

"SADC, Jomic, Zuma Please Note, And Act"

Relatives, friends and villagers celebrated the lives of the victims of the gruesome 2008 political murders. The woman (holding a baby) has been living as an outcast in her village since her husband was murdered in the election violence and she continues to receive threats from village members who took part in the murder of her husband – the same village members who buried her husband without her or her husband's relatives' consent.

“Soon after I discovered that my husband had been killed by the ZANU (PF) thugs I quickly covered him with a blanket and rushed to Gutu police station where I narrated my ordeal to six policemen who were on duty. Whilst preparing to accompany me to the scene of the crime, they asked me; Was your husband mugged by thieves? Where exactly did the crime take place? Do you have any suspect? When I told them it was well known ZANU (PF) supporters in Ward 6, led by Colonel Magumise, they swiftly retreated back and told me to go back home as they were not entertaining “political cases” - A tearful woman narrating to villagers during a memorial service for her husband on Saturday 02 July 2011 in Gutu.

Eleven people were killed in Gutu during the run up to the 2008 political violence period but in all the murder cases not even a single person has been arrested in connection with the deaths.

Zimbabwe Republic Police (ZRP) have been singled out as the biggest impediments to justice as they have failed to make any meaningful arrests three years after the gruesome murders.

Heal Zimbabwe spent two weeks in Gutu from 20 June to 5 July 2011 assisting victims of the 2008 political violence most of whom are leaving in abject poverty after their means of livelihoods were destroyed during the violence period.

From the narrations made by survivors of the political violence, the perpetrators did not only murder their loved ones but also looted properties, household goods, cash and livestock which the villagers are demanding back from both the perpetrators and the Government.

They have cited the Government arguing that most of the people who attacked them were clad in army uniforms and had guns. The presence of the dreaded war veteran, Jabulani Sibanda, who has been intimidating villagers in past six months is also making it difficult for peace and harmony to prevail in Gutu.

Inaction on the part of the police coupled with utterances by Attorney General Johannes Tomana admitting to selective application of the law continues to hinder progress in seeking justice for the victims of political violence.

Findings from the violence-prone areas that Heal Zimbabwe visited this year point to deliberate hesitation and negligence on the part of the police in conducting their duties as far as cases of political violence are concerned.

This has come out from Mashonaland Central, Mt Darwin, Chaona, Chiweshe and Mazowe, where close to 30 people were killed during the 2008 political violence.

Inaction by the police in arresting or even questioning alleged perpetrators of political violence.

Loss of property and sources of livelihoods to the alleged perpetrators which victims are finding it difficult to replace.

Children of victims of political violence have dropped out of school as a result of failure to raise school fees.

The continuous presence of soldiers and purported war veterans who are victimizing villagers especially in Gutu continue to pose a threat to peace and stability.

From the information gathered from Gutu, it can be deduced that the political violence that rocked Gutu was spearheaded to a greater extent by members of the armed forces and people from local villages most of whom knew each other.

This has destroyed villagers’ trust in the security system and managed to destroy community relations as villagers are finding it difficult to co- exist. Two families relocated in 2009 as a result of the tension.

Programmes should be implemented that reduce polarization and tension in these communities and such a scenario is not common in Gutu alone but in other areas hit by the 2008 political violence.

What is more worrisome in Gutu is that from the cases dealt with by Heal Zimbabwe it seems the violence was systematic and targeted influential community leaders evidenced by the murder of Mr. Elias Mutasa, a School Teacher and the murder of Mr. Gari Michael Mundeyiri, an elderly village head of 87 years who was very active in the fight for the democratization process in his village.

This was a clear strategy to demobilize people from exercising their democratic rights especially towards elections.

Heal Zimbabwe continue to penetrate communities in its fight to restore community relations, promote peace and rehabilitate victims of political violence in Zimbabwe. Victims of political violence continue to reiterate that Justice delayed is Justice denied!!!

http://changezimbabwe.com/index.php?option=com_content&task=view&id=3544&Itemid=2

Rural HIV affected sell domestic animals to access ART

http://www.sokwanele.com/thisiszimbabwe/archives/6881

July 11th, 2011

Imagine an 80 year old grand mother selling her three and only chickens in
order to get bus fare to take her five year old granddaughter to the nearest
clinic 15 kilometers away for Anti retroviral Therapy. At the clinic the
aged grandmother is ordered to fork out $3 for medical cards before she
collects the ARVs for child who was orphaned by HIV and AIDS.

From the sale of the three chickens, the desperate grandparent earned $6,
she needs $2 for transport to and from the clinic, $3 for getting the
medical cards and administration fees. She is left with $1 which she then
uses to buy some bananas for the hungry, frail sick child.

Such is the situation in the country’s rural areas the HIV positive and AIDs
affected communities are facing. Executive Director, Dr Vhumani Magezi
Family AIDS Caring Trust (FACT) Zimbabwe carried out national research on
the coping mechanisms of rural communities living with AIDS. The report
revealed that the affected and infected, some of them old and most frail,
all desperate, are resorting to selling their domestic animals and other
property to access treatment.

Dr Magezi reported at an HIV conference recently that the situation out
there is unbearable. He added that the young and energetic are the only ones
who are able to get part time jobs to fund access to ARVs. These drugs are
free, but service charges and transport costs are the greatest hindering
factor. The old end up selling their only wealth, their chickens and their
goats to get bus fare to the clinics which are more often than not at quite
a distance.

If the government is serious about the universal access to ART surely
there is urgent need to decentralize AIDS services. Health workers or care
givers employed by the government should be made mobile to reach the rural
communities so that the vulnerable and the disadvantaged get access to the
life saving treatment.

This entry was posted by Bob Gondo on Monday, July 11th, 2011 at 7:00 am

Public Service Minister Mukonoweshuro on Question Time

http://www.swradioafrica.com/

Public Service Minister Eliphas Mukonoweshuro is the guest on Question Time. He joins SW Radio Africa journalist Lance Guma to respond to various listener’s questions, including the confusion over the civil servants salaries and the long awaited civil service audit which exposed the fact that 75,000 ghost workers are milking the treasury of US$20 million every month. Why has the audit taken so long to be dealt with by cabinet?

Public Service Minister Eliphas Mukonoweshuro

Interview broadcast 06 July 2011

Lance Guma: Public Service Minister Eliphas Mukonoweshuro is my guest on Question Time. With the civil service pay hike debate taking centre stage, listeners sent in their questions in advance of the interview using Facebook, Twitter, Skype, e-mail and text messages. Professor Mukonoweshuro thank you for joining us.

Eliphas Mukonoweshuro : Thank you very much.

Guma: You are being quoted as saying last week’s announcement that salaries of the lowest paid state workers would rise to US$253 a month was baseless, irresponsible and intended to cause political friction. Let’s start with that – what’s happening?

Mukonoweshuro : Well in the first place there was no official announcement. What was announced was a leaked, a leakage from the negotiating process by people who are not authorized to disclose that to either their members or members of the public.

The process of the NJNC (National Joint Negotiating Council) negotiations is well known. The leaders of the staff associations and representatives of government sit around a table under the chairmanship of an independent or neutral person. They deliberate; they agree or disagree; the result of that deliberation is sent to me. It arrives on my desk, not as a result that cannot be tampered with; it arrives at my desk as a recommendation from the NJNC.

My responsibility would then be to take that recommendation to government. Cabinet will receive that recommendation and then in its own wisdom, cabinet can vary it and increase it. Once that is done, I will then make an announcement on behalf of government and that announcement becomes the binding resolution.

Guma: Okay now Robert Mugabe and ZANU PF are painting the MDC as the main obstacle in giving civil servants a salary increase. They even staged a demonstration against Finance Minister Tendai Biti. Now as the MDC you seem to have walked right into the ZANU PF trap and they are milking political mileage from this situation.

Mukonoweshuro : They are not milking any political mileage and we have not walked into a minefield. We have operated in good faith. One of the cornerstones of my responsibility is to improve the salaries and conditions of service of the civil servants. In order to stop the brain drain, retain civil servants who are in post and attract those who have gone for greener pastures and this is what I’ve been trying to do and if anybody thinks that this country can operate with a civil service that is disgruntled, a civil service that is under qualified, if anybody in their honest opinion and think that that can happen then they must be dreaming.

So that has been the position taken by the MDC and it is important to ensure that we have a strong, efficient and effective civil service. And I might add that this round of negotiations was agreed to between us in government and the civil servants in March that we should then meet in June and review and see the extent to which we can satisfy ourselves whether the remuneration levels need an increment and if so, by what percentage. And this is what we agreed.

Guma: Now you said the joint negotiating council does not have the authority to make such announcements and it’s your responsibility as Public Service minister, so is this whole thing, the way it has turned out, is it not being stage managed to deliver on a promise made by Mugabe?

Mukonoweshuro : To deliver a what?

Guma: To deliver on a promise made by Mugabe. Mugabe made the promise that civil servants would get a salary increase and you are just telling us the…

Mukonoweshuro : I would, I would say so. Let those who have made that announcement answer that question but what I want to tell you is that what happened last week was highly irregular and unprecedented. Leaders of the staff associations have no right to leak information of a confidential nature that came straight from the table of the NJNC (National Joint Negotiating Council).

It has never happened before and I hope that when the dust has settled we should be able to look at this and decide how we proceed to ensure that in future deliberations of this nature are not prematurely leaked to the detriment of the entire process.

Guma: Now the problem that is there now as Tendai Chikowore, the chairwoman of the Apex Council is insisting that the deal that she announced last week is binding and to quote her words she is saying – “we agreed with government representatives on the pay increase.”

Mukonoweshuro : It’s unfortunate that she made such a definitive statement because she knows that she is not entitled to pride herself on being the first one to leak such sensitive information. No leader of the staff association has got the right or is authorized to leak information of such a nature and I don’t know how, even if they leak it, if I don’t in actual fact follow the procedures how are they going to implement it?

I can understand the frustration of the Minister of Finance when asked he says he doesn’t know about it. Of course he is right. He could only know about it if he had heard cabinet being addressed by the minister of the Public Service but otherwise he would not know about it from irresponsible leaks like the one you have just referred to.

Guma: There are many who are making the point that before any pay increases are offered the over 75000 reported ghost workers on the government payroll must be removed. Levi Mhaka sent in a question asking why does the minister require cabinet approval to undertake an administrative duty of cleaning up the payroll and he says there are two types of ghost workers – those who don’t exist at all and those who are not supposed to be there. And his other question is has he dealt with the first – that is those who don’t exist at all?

Mukonoweshuro : You see that question is, comes from the right mind but it’s unfortunately misguided. You see the minister does not require, the minister is required to inform and obtain the concurrence of the principals, the three principals for each and every step he has to take in order to remove these people from the payroll.

And that obviously adds to the inordinate delays which government bureaucracy is well known for. So we are moving with the greatest of speed possible and right now we have got an inter ministerial committee whose work is at an advanced stage and I think before August we should be able to say this many civil servants cannot remain on the payroll.

Guma: Exiled journalist Makusha Mugabe who is the editor of the changezimabawe.com web site sends in a question saying it’s almost a year since you submitted the civil service audit report to cabinet, why is it taking so long to sort out?

Mukonoweshuro : Well you see if I had the response to that question I would have given it to you and the public and to Makusha Mugabe a long time ago. To me that is a question that should be asked elsewhere, but what I know is that I am required to ensure that each and every step that we’ve taken has got the approval of all the principals.

Yes it has taken a year but a year is not very long. There are some countries which are in their tenth year, fifteenth year doing the audit; there are countries around us which have abandoned the audit because of the sheer weight of the contradictions that they tread on as they started to unravel the irregularities in the audit.

Guma: Finance Minister Tendai Biti has come out saying salaries cannot be increased until more is known about the distribution of revenues from the controversial mining of diamonds in Marange and the fate of the estimated 75000 ghost civil servants. Now this sounds like a standoff within the coalition government and the workers are suffering because of it. This seems to be the view of most of our listeners, would you agree?

Mukonoweshuro : Well I cannot answer for the first one. The first one Tendai Biti and Obert Mpofu; Finance minister and minister of Mines and Mining Development respectively. Those are the ones who know where the problem is. But for 60 000 ghost workers, what I can say is everything is being done to ensure that very soon, they will be off the kit. They cannot continue to suck for no benefit to Zimbabwe.

Guma: Paddington Zhanda who is the Parliamentary Budget Committee chairperson is already suggesting that the government will have to pass a supplementary budget to meet the cost of the wage increases despite what you are saying are the current financial problems. How would you react to his suggestion?

Mukonoweshuro : Well it’s standard procedure isn’t it? When government asks for more money they don’t have to draw it from the hat, they just have to use a procedure which is open and transparent to the government. You need a supplementary budget but again that is not for me to comment; that is for my colleague, the minister of Finance.

Guma: While the government is saying it does not have money to fund these increases for these wage increases, there are many who accuse top government officials of spending large sums of money traveling abroad. Do you think this is one of the challenges you face as Public Service Minister to communicate your stance properly with accusations like this where people do not buy the line that the government is broke?

Mukonoweshuro : Well it’s very difficult for me to really answer that question in an effective and imaginative way because the budgetary allocation, the whole government line items of expenditure is not my responsibility; it is the responsibility of my colleague, the minister of Finance. And he is the one who is eminently qualified to comment on the activities in that budget line item dedicated to travel. It would be improper for me to try to tread into a portfolio that is allocated to a colleague.

Guma: Prime Minister Morgan Tsvangirai has already expressed dismay over the announced pay increases, arguing that they are well below the official poverty datum line. Now there are obviously a lot of civil servants listening to this interview so already even in terms of what has been negotiated, the PM has even acknowledged that it’s below the poverty datum line. What can you say to civil servants listening in? Is it a promising picture?

Mukonoweshuro : I will say to the civil servants – look at what your staff association leaders are doing and the trouble they are causing, the unnecessary trouble. The prime minister is reacting to that because the prime minister has not been informed. The procedure as I said in the beginning is that the prime minister and the president and the deputy prime minister as the three principals would have been informed first and then cabinet, the ministers in cabinet second and then we would debate on these issues, adjust the figures if need be and then we go and announce in conjunction of course with consultations with leaders of the public service staff associations.

Now this whole exercise has been short circuited by some who are trigger-happy; some who were so impatient that they wanted to leak raw information before it was even fully processed and this is why you get the prime minister expressing surprise because for all these months, it’s what we have been negotiating about because he has not been informed. He should have been informed and he shall be informed. He could have been told that the reasons why this is like this and not like that. So they can only have their own leaders to blame.

Guma: But does this short circuiting by these union leaders, will that affect the process? What happens from here? Raw information which had been finalized has been leaked so does that compromise the whole process or you are still going ahead?

Mukonoweshuro : It doesn’t compromise the whole process; I’m not trying to pass the buck, I’m simply expressing my disappointment in that man and women of such professional standards could breach a standing rule and regulation that have been time honoured and that has served us well. Of course we are not going to stop. I’m still going to go to cabinet, I’m still going to go to the principals and I will brief them.

I’m not going to broadcast substantive figures at the present moment but I am going to my principals and I’m going to brief them on where we are and what recommendation I have now received from the chairman of the NJNC (National Joint Negotiating Council) so we can conclude the process. I’m not trying to pass the buck at all; I’m just expressing my displeasure and also appealing to the union leaders that perhaps in future it will serve our purpose well if we were to observe the rules and regulations that we made to bind ourselves.

Guma: Well Zimbabwe, that’s the Public Service Minister Eliphas Mukonoweshuro joining us on this edition of Question Time to discuss the civil service pay hike debate which is taking centre stage in Zimbabwe at the moment. Professor Mukonoweshuro thank you so much for your time.

Mukonoweshuro : Thank you.

To listen to the programme:

http://swradioafrica.streamuk.com/swradioafrica_archive/qt060711.wma

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SW Radio Africa – on line 24 hours a day at www.swradioafrica.com and daily broadcasts on 4880 kHz in the 60m band between 7 - 9 pm Zimbabwe time. T witter : Facebook : RSS feedYou can now get SW Radio Africa on the Tunein Radio smart phone app.

Bill Watch 27/2011 of 8th July [In Event of Incapacitation or Death of the President]

BILL WATCH 27/2011

[8th July 2011]

We have had many enquiries in the last few days about the legal and constitutional position when an incumbent President becomes ill, resigns or dies. The enquiries have no doubt been prompted by rumours and press stories about this sort of situation arising. When the Speaker was being re-elected in March there were also press rumours about how important it was to the two contesting parties to have their candidate elected as Speaker, as the Speaker would temporarily take over the role of President in such an eventuality. Veritas tried to correct that misstatement of the law then and will once more state the correct legal and constitutional position: the Speaker of the House of Assembly does not take over as Acting President. [It was only during the 1980s that the Constitution provided for a presiding officer of Parliament to act as President – initially, the President of the Senate and, after the abolition of the Senate, the Speaker. The present provision for a Vice-President to act as President has been in place since 1990.]

1. In the Event of Prolonged Illness or Absence of a President

A Vice-President would act as President

Section 31(1) of the Constitution lays down that whenever the President is unable to perform the functions of his office by reason of illness or absence from Zimbabwe, or if the President dies, then his functions will be carried out by whichever one of the two Vice-Presidents, the President has appointed to do so. In the event of the President’s sudden illness or urgent need to travel, without a Vice-President having been appointed to act, then the Vice-President who last acted as President will take over the Presidential functions. For instance, Vice-President John Nkomo last acted as President during President Mugabe’s most recent absence from the country, so, should President Mugabe suddenly, today, become too ill to perform his functions as President, and has not had time to designate which of the Vice-Presidents should be acting President, then Vice-President Nkomo would become acting President. [Of course the President could have made provision for emergencies by leaving instructions on file about which Vice-President should take over as Acting President in such circumstances, but if he has done so it has not been made public and any instructions on so important a matter would have to be very clear to avoid disputes and legal challenges. Such a document should be in the hands of the Chief Secretary to the President and Cabinet and the Prime Minister.]

The Powers of an Acting President

An Acting President cannot on his own exercise all the powers of a substantive President. There are some major Presidential powers that an Acting President may exercise only in accordance with a resolution passed by a majority of the whole membership of the Cabinet – declaring war, entering into international agreements, dissolving or proroguing Parliament, assigning or reassigning Ministerial functions, dismissing Ministers, [Constitution, section 31(2)].

How long can a Vice-President act as President?

There is no provision in the Constitution limiting the time that a Vice President can act as President while the President is absent or on “sick leave”. But the Constitution gives Parliament the power to deal with a long-term situation. Section 29(3) of the Constitution empowers Parliament to remove a President from office if he is “incapable of performing the functions of his office by reason of physical or mental incapacity”. The procedure is elaborate, as befits so important a question, and involves the following steps:

· a request to the Speaker, from at least one-third of the members of the House of Assembly, to appoint a committee to consider the problem and to prepare a report

· the appointment by the Speaker, in consultation with the President of the Senate, of a joint committee of the Senate and the House of Assembly

· a report by the joint committee recommending the removal of the President

· a resolution for the President’s removal from office, passed at a joint sitting of Senators and members of the House of Assembly by the affirmative votes of at least two-thirds of their total number

2. In the Event of the Resignation or Death of a President

A Vice President Acts as President

If a President is removed from office or resigns or dies, the office falls vacant. The immediate consequence of a vacancy is that one of the Vice Presidents will act as President, as in the case of illness or absence [see above], with the difference that she/he can only act as President for up to 90 days.

The Vacant Office of the President Must be Filled within 90 Days

Currently, if the event happens during the lifetime of the GPA, the process of filling the office of the President mid-term would be governed by two different provisions of the Constitution:

1. The provision introduced by the GPA

Article 20.1.10 of the GPA, which Constitution Amendment No. 19 incorporated into the Constitution as part of Schedule 8 and which applies as long as the GPA remains in operation, states that a vacancy in the office of President must be filled by “a nominee of the party which held that position [i.e. the Presidency] prior to the vacancy arising”, i.e., in this case, by a nominee of ZANU-PF – but this provision:

· does not set a time-frame

· does not say to whom the nominations are to be given

· does not give a procedure to be followed after nominations are made.

As there are obviously gaps in this GPA constitutional provision, it is necessary to look at the pre-GPA provisions of the Constitution to find out the details of what procedure should be followed.

2. Pre-GPA provisions

Section 28(3)(b) and (4) of the Constitution state that in the event of a mid presidential term vacancy, a new President must be elected within 90 days of the vacancy occurring, by members of the Senate and the House of Assembly sitting jointly as an electoral college in accordance with the procedure laid down in section 112A and the Fifth Schedule of the Electoral Act. Under the provisions of the Electoral Act the Clerk of Parliament calls for nominations to be lodged with him on or before a specified nomination day and if, on nomination day, two or more candidates have been nominated, the Chief Justice is required to summon the Senators and members of the House of Assembly to a joint sitting to elect one of the candidates as President. If only one candidate is nominated the Clerk immediately declares him or her elected as President unopposed. [Note: the new Electoral Amendment Bill does not propose changes to these provisions]

How a Mid-Term Presidential Vacancy Would be Filled

Amalgamating the constitutional provisions introduced after the GPA and the pre-GPA constitutional provisions would, after the death or resignation of a President mid-term, lead to the following steps:

· the Clerk of Parliament calls for nominations, specifying the last date for lodging nomination papers with him

· only nominees of ZANU-PF are eligible as candidates

· if the Clerk of Parliament receives only one nomination, he would immediately declare that person to be duly elected as President unopposed

· if more than one ZANU-PF candidate is nominated, the Chief Justice would summon Senators and members of the House of Assembly to meet in a joint sitting as an electoral college to elect one of the candidates as President

· the Chief Justice would preside over the proceedings of the electoral college, which would be in the chamber of the House of Assembly or some other suitable place decided by the Clerk of Parliament

· voting would not be by secret ballot – instead the Chief Justice would read out the name of the first candidate and call for members of the electoral college supporting that candidate to assemble in a area indicated by him. This procedure would be repeated for each candidate until all members of the electoral college except those abstaining are divided into voting blocs.

· counting of votes for each voting bloc would then be done by a member of the bloc appointed by the Chief Justice as its “teller”, and the names of all persons in the bloc would be recorded

· the winner would be the candidate receiving the majority [50% plus 1] of the votes of members of the electoral college and she/he is declared elected as President. If none of the candidates receives a majority of the votes on a first ballot, the candidate receiving the lowest number of votes is eliminated and the voting process continues for the remaining candidates until one of them wins a majority.

· the new President would be sworn in by the Chief Justice either immediately or within 48 hours of being declared elected

[Comment: If two or more candidates were to be accepted as duly nominated then the votes of the MDC-T and MDC members of the electoral college might be crucial in deciding which nominee of ZANU-PF would become President.]

The Functions and Term of Office of the New “Mid-term” President

The new President elected as above would assume all Presidential functions without exception. He/she would serve for the unexpired portion of the previous incumbent’s term – i.e., until the swearing-in of a new President after the election following the next dissolution of Parliament.

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

Zimbabwe Police Arrest More MDC Leaders

3 ministers arrested