Mugabe, Ministers Fight in Mawere Saga

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:41
A FIERCE battle drawing in President Robert Mugabe and his ministers
has erupted between Reserve Bank governor Gideon Gono and SMM Holdings (Pvt)
Ltd administrator Arafas Gwaradzimba over the return of business tycoon
Mutumwa Mawere's seized companies.

This comes amid a growing political conflict over the controversial
issue connected to current power struggles.

The fight pits Mugabe, Gono, and Mawere on the one side apparently
against Gwaradzimba, Justice minister Patrick Chinamasa and Defence minister
Emmerson Mnangagwa on the other. Chinamasa this week said court cases
against Mawere must be intensified.

It forms part of wider corporate and political power struggles which
threaten to expose a hidden nexus between politics and business. The veiled
interface between corporate moguls and politicians is partly at the heart of
the country's poisoned political environment and the ongoing scramble for
wealth and power.

The current clash is dominated by heated exchanges between Gono and
Gwaradzimba. Gono accuses Gwaradzimba of creaming off Mawere's  companies by
collecting  6% of gross proceeds of the sprawling empire and selling off its
assets.  This has triggered accusations and counter-accusations of "looting
of primitive accumulation proportions" and a resultant "wreck and ruin" of
the SMM empire under the rubric of "reconstruction".

Informed sources said there has of late been a flurry of meetings,
telephone calls, emails, faxes and other forms of communication, as well as
court battles in a bid to resolve the problem which started in 2004.

After recent consultations with Mugabe, Gono has argued Mawere must
get back his companies, which Gwaradzimba has dismissed as "interference and
ill-advised". Gwaradzimba has said it would be "inappropriate" for Mugabe to
rescue Mawere who has already been "nailed" in the fight. He said by trying
to hand  SMM assets back, Gono  was attempting to "laundry" Mawere's illegal
deeds."

This has sparked heated exchanges between Gono and Gwaradzimba, roping
in Mugabe, Mnangagwa and Chinamasa, among other political heavyweights.

Mugabe met Mnangagwa, Chinamasa and Gono on June 2 to discuss the
escalating dispute. The same group again met on Monday to find a way
forward.

This latest round of drama started after Mugabe met with Mawere twice
during South African President Jacob Zuma's inauguration in May to tackle
the issue which hitherto made them bitter enemies.

Informed sources said Mawere made his case before Mugabe and produced
a "pile of documents". Mugabe is said to have taken the documents with him
to Harare to consider the case which has been fought in courts in South
Africa, the United Kingdom, Zambia and Zimbabwe.  Sources said Mugabe tasked
Gono to assess the documents and recommend a way forward.

Gono then wrote an advisory note to Mugabe on May 14, urging him and
government to return Mawere's assets in the "spirit of the inclusive
government and reconciliation". Gono has also been pushing for the
de-specification of a number of exiled businessmen whom he was accused of
squeezing out at the height of corporate battles during the 2004 banking
crisis and their return home. A number of them were despecified this week.

In his letter to Mugabe dated May 14, Gono said charges against Mawere
must be dropped and his companies returned because government had acted
improperly during their seizure. He said although he was aware the issues
were before the courts, a negotiated settlement could be a better way to
resolve the dispute.

"Your Excellency, this advisory brief seeks to highlight pertinent
review points on the SMM case that are recommended to form the basis for a
resolute way forward on this long outstanding matter," Gono wrote to Mugabe.

"It is recommended that Your Excellency approve the despecification of
Mr Mawere and his companies so as to pave way for a new beginning,
particularly in the context of investment promotion and empowerment in
Zimbabwe."

Gono advised Mugabe the central bank was ready to drop exchange
control-related and externalisation charges against Mawere. He said
allegations that Mawere's companies were indebted to the state were handled
badly as it "violated the law of contracts" between SMM and state entities
concerned. SMM was taken over by the government over allegations that it was
failing to pay its debts to parastatals and other state entities and that
Mawere had externalised millions in hard currency.

Gono said allegations of insolvency against SMM were pursued without
fulfilling "minimum procedures of notifying shareholders, creditors, debtors
and other related parties" and there were no "judicial hearings" to
facilitate the process.

He said Gwaradzimba's pursuit of "culpability" on Mawere's part and
attempts to bankrupt him were "self-serving". Gono suggested that the reason
Gwaradzimba was doing all this and refusing to allow Mawere to get his
companies back was because he was getting an enormous return out of it. He
also said there were unconfirmed reports that Gwaradzimba wanted to secure
equity in SMM entities.

"Gwaradzimba, the SMM administrator, is getting payments set at 6% of
gross proceeds of all SMM companies which is even more lucrative than
shareholders themselves, let alone revenues to government," Gono said. "The
administrator's activities also seem to have entrenched interests of
needlessly permanently dispossessing Mawere of all his assets."

Gono said Gwaradzimba had a conflict of interest in SMM as a former
auditor of the company.
However, Gwaradzimba hit back at Gono, saying his remuneration as
administrator was a "contractual matter that was transparently and lawfully
determined".

"The governor was the prime mover and instigator of the SMM
reconstruction process, yet he embraces Mawere's allegations and advances
them against the original case," Gwaradzimba said. "It boggles the mind how
the chief complainant in this matter can turn around to become the chief
defender.it is too late for the governor to change course."

Gwaradzimba also said some of Gono's arguments were misleading "false
claims" and were "naïve and mischievous". He insisted Mawere must not get
back his companies because he has "lost 100% of cases in Zimbabwe and South
Africa". (See pages 4 and 5 of the print).

BY DUMISANI MULEYA

Biti Gives Restless Civil Servants Paltry Salary Increase

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:27
GOVERNMENT has awarded a marginal salary increment to the US$100
monthly allowance paid to civil servants after increasing the wage bill by
about 40% that will result in an average salary of about US$140.

Finance Minister Tendai Biti in his mid-term fiscal policy review
yesterday increased the civil service wage bill by 41% to US$48 million
monthly from US$34 million to meet the salary adjustment.

The current wage bill accounted for 35% of government total
expenditure and 13% of GDP.

Biti said government with effect from this month would review the
remuneration framework of civil servants taking into consideration the need
to differentiate between grades.

"I am, therefore, proposing to set aside an additional US$151 million
to year-end to support implementation of a modest pay structure which begins
to recognise grade, albeit initially across only limited differentiated
bands," he said. "In line with this, effective 1 July 2009, I propose to set
aside an additional US$14 million per month over and above the current US$34
million to support a review covering the period from July 2009."

A simple calculation of the money set aside for the salaries showed
that civil servants would each get an average of US$140 monthly. The workers
have since February been paid a US$100 allowance.

"Reviews that allow for decompression of the wage scale will improve
motivation and retention of skilled civil servants. The Public Service
Commission, guided by the above resource envelope, is working out the pay
structure effective from July 2009 after which payments should be processed
by month-end," Biti said.

"To avoid crowding out non-wage expenditures, additional reviews will
in future be implemented in line with international best practices with
regards to the ratio of the wage bill as a proportion of total expenditure
and GDP respectively at about 30% and 8%.

He said further reviews to the remuneration of government workers
would be made in the next budget.
Biti added: "Government is also urging public servants, including
pensioners, to exercise restraint on wage demands that are beyond the
capacity of the budget and the economy at large.

"I also wish to emphasise that we cannot spend what we do not have
and, therefore, the decompression of the wage bill I have made in casu is
consistent with the total absence of fiscal space characterising this
Government. We are no longer printing our own money, therefore, the days of
inflationary and populist wage increases are gone."

In the same review, Biti officially demonitised the Zimbabwe dollar
and announced that government would raise US$6 million to purchase the local
currency strapped in depositors' bank accounts, as well as cash outside the
banking system.

This measure would bring to an end talk that the Reserve Bank intended
to reintroduce the local currency after President Robert Mugabe said his
government intended to review the use of multi-currencies.

"The hyperinflationary environment, which became more severe in 2008,
left the Zimbabwean dollar valueless, leading to the adoption of multiple
currencies by government beginning February 2009," Biti said.

"As part of the process to formally complete the transition into the
multiple currency system, I propose the demonetisation of all the remaining
Zimbabwe dollar balances held by the financial sector as well as notes and
coins in circulation."

Formal demonetisation, Biti added, should allow for settlement of all
remaining Zimbabwe dollar transactions and obligations prior to the
introduction of the multiple currency system in February.

"At the present moment, estimates indicate that about US$6 million
will be required to purchase the entire stock of Zimbabwe dollar balances
with banks as well as cash outside the banking system. However, current
capacity to raise the required US$6 million is limited," he said.

Biti, however, said the review of use of multiple currencies and the
local unit would be undertaken once "there is clear evidence of a strong
economy" characterised by a "sound track record of policy consistency" and
implementation, a sustainable external position, and a strong financial
sector, necessary to support and sustain the desired currency regime.

"Such a review will also consider a number of currency regime options,
guided by the SADC objective of achieving a unitary currency by 2018," he
said.

BY BERNARD MPOFU

Activists sue State for Damages Over Detention

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:22
SIXTEEN MDC-T and human rights activists and a journalist are
demanding a combined US$19,2 million in damages from two cabinet ministers
and state security agents for their alleged abduction, unlawful detention
incommunicado, and deprivation of liberty last year.

The activists and journalist filed their lawsuit with the High Court
on Tuesday and are demanding US$1,2 million each.

Each of the plaintiffs is demanding US$500 000 in damages for unlawful
abduction, enforced disappearance, unlawful detention incommunicado,
unlawful arrest and unlawful deprivation of liberty; US$100 000 for assault;
US$300 000 for torture, pain, shock, suffering and psychological trauma,
contumelia and loss of amenities of life; and a further US$300 000 for
malicious prosecution.
Collen Mutemagau, Kisimusi Dhlamini, Audrey Zimbudzana, Zakaria Nkomo,
Gandhi Mudzingwa, Fidelis Chiramba, Broderick Takawira, Mapfumo Garutsa,
Pascal Gonzo, Tawanda Bvumo, Violet Mupfuranhewe, Chinoto Mukwezaramba,
Pieta Kaseke, Regis Mujeye and journalist Andrison Manyere are each
demanding US$1,2 million in compensation.
They are demanding the compensation from the co-Ministers of Home
Affairs, Kembo Mohadi and Giles Mutsekwa, Justice Minister Patrick
Chinamasa, then Security Minister Didymus Mutasa, Police Commissioner-
General Augustine Chihuri, Prisons Commissioner Paradzai Zimondi, and
Central Intelligence Organisation (CIO) Director-General Happyton Bonyongwe.
Also sued are police Senior Assistant Commissioner Nyathi, Chief
Superintendent Crispen Makendenge, Detective Chief Inspector Mpofu, Chief
Superintendent Peter Magwenzi, Senior Assistant Commissioner Chiobvu of the
Prison Services, Detective Chief Inspector Elliot Muchada, Superintendent
Josh Shasha Tenderere, Assistant Inspector Mudandira, Superintendent Regis
Takaitei Chitekwe, Detective Asssitant Inspector Maria Phiri, Detective
Inspector Chibaya, Detective Muuya and Assistant Director of the External
Branch of the CIO, Asher Walter Tapfumaneyi.
In one of the High Court summons, Mudzingwa is suing for his unlawful
abduction and detention at Goromonzi Prison complex despite the fact that he
had not appeared in court and was not on remand in respect of any charge.
Mudzingwa alleges that he was held incommunicado, being denied his
basic human rights such as access to legal practitioners of his choice,
access to medical practitioners of his choice, access to medication, access
to family, friends and relatives, among other rights protected by the
Constitution of Zimbabwe and other International Human Rights Instruments to
which Zimbabwe is a party.
He further claims that he was "subjected to assaults, torture and
other cruel, inhumane and degrading treatment at the hands of his captors,
"who include and/or were acting in concert with or in connivance with one or
more of the defendants, either directly or indirectly through their
agents/subordinates".
Mudzingwa raises concern over failure by the defendants to institute
any prosecution against his alleged kidnappers, whom he claims are known.
He claims that while he was in "unlawful detention at all stages, he
was denied the opportunity to participate in activities and perform the
duties, which guarantee plaintiff with a means of livelihood".
Another MDC-T activist, Mupfuranhewe -- who was allegedly abducted
together with her minor child -- is suing for her alleged unlawful detention
and denial of basic human rights.
She is claiming damages for the torture she went through when she was
allegedly ordered into a tub of "very hot" water for failing to participate
in a quiz.
Mupfuranhewe claims that she was burnt on her buttocks.
During her detention, she alleges, she was accused of spoiling the
toilet and spent the whole day having ice cold water poured into her pants.
She also alleges that she was given rules regarding her child that he
was only allowed to go to the toilet and was not to cry for food.
The MDC-T activists and Manyere are facing terrorism charges in the
High Court.

BY WONGAI ZHANGAZHA

Mutsekwa Orders Probe Into Conference Disruption

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:18
A STRUGGLE is looming between parliament and the principals of the
inclusive government after the House said it will investigate Monday's
disruption of the first all-stakeholders conference and MPs found to have
participated in the mayhem will be disciplined.

Besides parliament, the co-Home Affairs Minister Giles Mutsekwa this
week said he had ordered a full-scale police probe into the disruption of
the conference in the capital by Zanu PF loyalists.

Both moves by parliament and Mutsekwa came despite the decision by
President Robert Mugabe, Prime Minister Morgan Tsvangirai and his deputy
Arthur Mutambara not to launch a witch-hunt for the culprits.
Trouble at the conference broke out when Zanu PF loyalists demanded
the singing of the national anthem at the commencement of the meeting.
The situation degenerated into a fracas when House of Assembly Speaker
Lovemore Moyo took to the podium to deliver his opening speech. He was
drowned out by the Zanu PF adherents singing revolutionary songs, waving
fists and some pelting delegates at the high table with water bottles.
Moyo told the Zimbabwe Independent yesterday that parliament would
charge any legislator identified to have taken part in the disruption of the
conference.
"The constitution-making process is parliamentary business and if
there are any MPs that were involved and identified to have taken part in
the disruption of the conference they will be charged by parliament," he
said. "Parliamentarians can raise a motion and if that is done, parliament
will have to constitute an investigative team to look into the issue and if
any MPs were involved in interrupting parliamentary work, then they are in
contempt of parliament and the Standing Rules and Orders Committee will have
to deal with the issue."
Under Zimbabwe's Privileges, Immunities and Powers of Parliament Act,
parliament is empowered to sit as a court and to award and execute
punishments for specific offences which are listed under the law.
Parliamentary sources said the House was not bound by the decision of
Mugabe, Tsvangirai and Mutambara and would take action against MPs who
disrupted the conference.
In 2005 then Chimanimani legislator Roy Bennett was imprisoned after
he pushed to the ground then Justice and Parliamentary Affairs minister
Patrick Chinamasa after he had called Bennett's forefathers "thieves and
murderers" and said he deserved to lose his farm because he had benefited
from a British colonial system that robbed blacks of their land.
Parliament set up a five-person parliamentary committee, the
Privileges Committee, to look into the conduct of Bennett. The committee
found the legislator guilty and sentenced him to 15 months imprisonment with
labour.
On Wednesday, Mutsekwa told parliament during a question and answer
session that the disruption of the conference that led to the abandonment of
the business of the day was an embarrassment to the country and that the
police probe should expose the perpetrators.
"The ministry has since called upon the officer commanding Harare
province (police) to make a full investigation," Mutsekwa said. "The
information at hand is that the incident was called by particular
individuals, some of which are honourables of this August House. I want to
categorically state that this was an embarrassment to the state of Zimbabwe.
Investigations will be done."
But Mutambara contradicted Mutsekwa when he told the same
parliamentary session that the principals of the inclusive government had
agreed to let "bygones be bygones".
"No witch-hunting, we want the process to go on," Mutambara said.
"More importantly we must work towards constitutionalism. What you saw
on Monday was a dramatic manifestation of lack of tolerance."
The Tsvangirai-led MDC blamed Indigenisation minister Saviour
Kasukuwere, Zanu PF National Youth Director Patrick Zhuwao and war veterans
leader Joseph Chinotimba for sparking the mayhem.
 "The rowdy and violent scenes that brought the constitutional
proceedings to a standstill took place in front of cameras," the MDC-T said
in a statement. "These scenes are on record and footage is available showing
Zanu PF senior members Saviour Kasukuwere, Patrick Zhuwao and Joseph
Chinotimba leading the mayhem. The three are certainly not and will never be
MDC members." (See Zhuwao's response on Page 7.)
Tsvangirai told his newsletter this week that Monday's "deliberate
attempts" to derail the constitution-making process would not succeed.
"Zimbabweans need, demand and deserve a people-driven, democratic
constitution and I am determined to ensure that their desires are realised,"
he said. "There can be no shortcuts to the constitution-making process and
nor can there be any drafts imposed on the people during the
constitution-making process as there can be no substitute to a truly
people-driven process."
Tsvangirai acknowledged that the political dispensation under which
"we are all living is not perfect from the point of view of MDC or Zanu PF
but that it does offer us, as a nation, a real opportunity to develop a new
constitution, institute democratic reforms and hold free and fair elections
leading to a new democratic Zimbabwe".
"The road to this new constitution has been too long for the final
product to be anything other than what was envisaged when we first embarked
on this journey," he said. "Together we will develop a constitution that all
Zimbabweans can be proud of, that will stand as a beacon for future
generations and as a testament to the courage and ideals of our fallen
heroes."
Meanwhile, the National Constitutional Assembly (NCA) which is opposed
to the parliamentary-led constitution-making process said it would on Monday
hold a one-day second people's constitutional convention to be attended by 3
500 delegates.
"It will be held as a follow-up to the first peoples' convention of
June 1999. The specific objective of this convention is to adopt positions
and programmes of action in the light of current attempts by politicians to
undermine our struggle for a genuine people-driven constitution," the NCA
said in a statement.
The assembly said the convention would be backed by the Zimbabwe
Congress of Trade Unions and the Zimbabwe National Students Union.
The NCA said it would be a convention of like-minded Zimbabweans with
"deep convictions" that the constitution-making process must not be led by
politicians; that a democratic and sustainable constitution can only come
from a genuine people-driven process and not from a "fraudulent
parliament-driven" process and that the country could not afford a supreme
law designed "solely" to accommodate the interests of the current political
leaders.

Bernard Mpofu/ Loughty Dube

Despecify Mawere, Companies - Gono

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:11
Reserve Bank governor Gideon Gono recently wrote an advisory note to
President Robert Mugabe urging him to allow government to return business
tycoon Mutumwa Mawere's assets. Excerpts of the letter are below.

1.1 Your Excellency, this advisory brief seeks to highlight pertinent
review points on the SMM case that are recommended to form the basis for a
resolute way forward on this long outstanding matter.

Your Excellency, having gone through the availed documentation and the
facts that prevailed on the ground at the time this matter arose, the bank
has come to the following conclusions on the various critical points:
Were SMM liabilities legal loans by the state?
2.2 Court records and proceedings of the matter indicate that the
issuance of the Reconstruction Order on SMM was based on the following
liabilities:
a) A debt of Z$396 million in respect of a commercial bond issued by
the MMCZ whose proceeds were used by SMM;
b) An RBZ PSF loan totaling Z$30 billion, disbursed in two tranches,
Z$20 billion on 24 May 2004 and Z$10 billion on 17 August 2004;
c) A debt of Z$8,2 billion owed to Zesa;
d) A debt of Z$252 million owed to the National Social Security
Authority (NSSA); and
e) A debt of Z$39,9 billion that was due to Zimra.
2.3 Your Excellency, at law the above SMM liabilities at the time the
Reconstruction Order was instituted did not qualify as state loans to SMM.
2.9 In this case, the creditor-debtor relationship lay between SMM and
the individual entities that were owed money, and not the state as
erroneously advanced.
2 Insolvency of SMM
2.11 Your Excellency, at law, insolvency declaration is a diagnostic
conclusion that has to be preceded by minimum procedural steps that do not
only involve notification of shareholders, creditors, debtors and other
related parties, but also impels the holding of actual judicial hearings to
assess the material facts and financial data of the company, as to be able
to factually determine and conclude the existence and degree of such
insolvency.
2.15 As things went, and as things stand, the State is, therefore,
exposed to the risk that the investor community may conclude that the letter
and spirit of property rights, human rights and company law is not being
followed in so far as the rights of shareholders, debtors, creditors,
employees and any other relevant parties are concerned. This is not good for
government's and the country's image, Your Excellency.
Alleged exchange control violations
2.19 Your Excellency, deliberations at the courts on these allegations
have not been conclusive, as the State could not provide evidence beyond
reasonable doubt that the relevant amounts as alleged had been banked
offshore with the express intention never to repatriate them back to
Zimbabwe.
2.22 In the SMM case, the Reserve Bank is happy to drop any Exchange
Control related charges, in light of the evidence at hand.
Natural person of M Mawere vs juristic persona in the form of
companies
2.25 Your Excellency, the State seems to have inadvertently made an
error of principle by failing to distinguish the boundaries of rights and
responsibilities for the person of Mutumwa Mawere and those responsibilities
for those who were running with the day to day issues of the SMM group of
companies.
2.26 Yes, at law, company directors are liable to the circumstances of
their companies, but in the matter at hand, the State's case seems to have
hurriedly bundled all allegations on the lap of the person of Mawere,
without documentary proof as to his direct involvement in the SMM day to day
dealings, let alone the bulk of the charges levelled against him.
Conflict of interests
2.27 Your Excellency, the Reserve Bank has also found the following
material grey areas which seem to have compromised the entire handling of
the SMM case:
a) Though there is reference to the Fifth Table of the Seventh
Schedule of the Companies Act, which sets the payment levels for liquidators
and administrators, the fact still remains that Gwaradzimba, the
administrator, is getting payments set at 6% of gross proceeds, of all SMM
companies which is even more lucrative than shareholders themselves, let
alone revenues to government. Your Excellency, there is genuine need for the
relevant sections of the Companies Act to be modified. The Administrator's
activities also seem to have entrenched interests of needlessly permanently
dispossessing all Mawere of his assets.
b) It has also been established that the Administrator, Gwaradzimba,
was a former auditor of SMM, making him the least qualified to vilify SMM
financial systems and try to reconstruct the financial fortunes of the
company. At best, knowing that he was a former auditor of SMM, Gwaradzimba
ought to have honourably turned down the appointment by the Minister of
Justice, Legal and Parliamentary Affairs. Your Excellency, this material
fact seems to have been grossly overlooked during the judicial proceedings
against Mawere.
c) It has also been established that Manikai, who presided as one of
the legal minds on the SMM issue was a former legal advisor to SMM, again
making him a less suitable candidate to preside over the SMM matter.
2.28 Your Excellency, these anomalies do cast doubt and credibility
deficits on the transparency and integrity of the subsisting control and
management arrangements of SMM and how the whole matter was handled.
Self-serving lawsuits
2.29 Your Excellency, as I write this Advisory Note to you, there is a
matter that is before the High Court seeking to legally declare
 "culpability" of Mawere, which would have the effect of empowering the
Administrator to declare SMM assets to be legally and permanently owned and
held by the government of Zimbabwe. There are also unconfirmed indications
that the current administration team is actively making preparations to
either directly or indirectly acquire stakes in SMM.
3. Recommendations
3.1 Your Excellency, based on the above pertinent factors, and
discoveries, I humbly seek to submit the following decision points for your
consideration:
e) The de-specification of Mawere and his companies so as to pave way
for a new beginning, particularly in the context of investment promotion and
empowerment in Zimbabwe.
f) There is need for an urgent realignment in the Companies Act in
order to come up with realistic charges for liquidators and administrators.
Where an administrator gets 6% of gross proceeds of a company under his/her
insolvency salvage operations, as is the case with Gwaradzimba in the SMM
case, this creates intractable conflicts of interest, as well as further
worsening of the struggling companies' financial standing.
3.2 Your Excellency, if one or more of the above recommendations finds
your approval, it is also strongly recommended that an independent
transitional board be put in place, represented by people other than the
current administrator to exhaustively work through the financials of SMM to
pave way for an amicable settlement of this long outstanding matter.

Gwaradzimba's Response to Gono's Letter to Mugabe

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:09
1 IN response to the malicious allegations levelled against me as the
administrator, and as a private citizen, I respond as follows:

In General:

a) The manner in which the administrator is remunerated is
contractual;
b) What the administrator uses his earnings on, whether from his SMM
assignment or any other sources, should be the administrator's business;
c) The places where the administrator's children go for their
education should remain the business of the administrator's family, not that
of Mawere or Dr Gono;
d) If the administrator has committed any misappropriation of funds,
due legal process should be instituted;
e) On the defamatory allegation by the Governor, that the
Administrator's "team" is preparing to acquire SMM, I reserve the right to
seek legal advice on this; and
f) The Governor questions my professionalism in accepting the SMM
Reconstruction appointment, and suggests I should have not accepted the same
as I had been auditor of the company. This again is shameful. I was not
appointed in 2004 to audit SMM, but to reconstruct that company. Even if it
were an audit appointment, I had long left the audit of SMM in 2000 when I
left KPMG. It is naive that one would want to pretend to
know the rules of professional conduct for a profession (where) one
has no clue as to how that profession conducts its business.
2 I provide below more information about myself, the law as it relates
to administration
fees in respect of companies under reconstruction, and the
Administrator's role in any payments by SMM.
Administrator's background, in brief
a) A member of the Zimbabwe National Liberation Army from 1977 until
1980 at Independence. Demobilised from the Zimbabwe National Army in 1982.
b) Studied for his Ordinary and Advanced Levels examinations from mid
1982, writing the examinations in November 1983.
c)  Studied Accountancy at the University of Zimbabwe from 1984,
coming out with a Bachelor of Accountancy (B.Acc) Honours Degree in 1986.
d) Joined articles of clerkship at KPMG in 1987, qualifying as a
chartered accountant in 1989.
e) Appointed as a Partner in the KPMG Zimbabwe Partnership after eight
years with the firm, in 1995.
f) Left KPMG in 2001 to form AMG Global Chartered Accountants, which
is now a registered Swiss Verein for legal purposes, and has offices in
Malawi (2), Mozambique, South Africa, Zambia, and Zimbabwe (3). AMG Global
employs over 120 people in Zimbabwe alone.
g) Bought his first farm in 1995, then three more in 1998/9. Two of
the farms were surrendered to GOZ for settlement as part of the land
redistribution.
h) Is still farming, specialising in tobacco and cattle, which
activities should be expected to generate reasonable income.
Administration fees from the SMM reconstruction
a) Administration fees are charged as already explained under A l
(iii)
above.
b) It should be noted, that no new way for remunerating those in the
administration of companies was created on the enactment of the
Reconstruction Act, as existing legislation already provided for the payment
of such remuneration. It cannot be said, therefore, that the reconstruction
laws were created with the aim of benefiting AM Gwaradzimba and certain
politicians, as has been alleged by Mawere. All other administrators of
companies in this country (and there have been many of them) are paid in the
same manner, namely in accordance with the provisions of Paragraph 3 of the
Fifth Table of fees, as contained in the Seventh Schedule of the Companies
Act, and no one has complained about it.
c) Also, the reconstruction of SMM was the first ever GOZ assignment
that AMG Global were appointed to. It cannot, therefore, be concluded, as
has been done by Mawere from time to time, that it is because of my GOZ
connections that I was appointed to this assignment. Mawere should
appreciate my role as liberator, which gave him the opportunity to be able
to pretend to be investing in SMM.
d) Because of the difficulties which SMM finds itself in, for close to
two (2) years now, the administrator has postponed invoicing the Company
since 2007, neither has AMG Global received any money therefrom since the
same time.
Summary and conclusions
The Administrator has raised the issue before, that the SMM
Reconstruction cannot be concluded without judgement on culpability having
been secured in terms of the Reconstruction Act, as well as without the
Supreme Court's decision on the appeal against the Reconstruction Order
having been handed down. The two cases came before the Courts in 2007, and
were initially postponed at the behest of  Mawere. Set downs had been
secured for 21 May (Culpability) and 1 June 2009 (appeal against the
Reconstruction Order). The matters were again postponed at the instigation
of the Mawere camp, and using the ABD and the recent intervention of the
Governor.
I kindly request your honourable minister to make an appropriate
public announcement on the continued/reconstruction of SMM. The form and
nature of such announcement would be entirely determined by your honourable
minister, but may take the form of a pronouncement in the Government
Gazette.

AM Gwaradzimba
Administrator - SMM Holdings (Pvt) Ltd

Chinotimba's 'war vets' Disrupt Constitutional Conference

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 22:05
IT was never going to be a great success, this First All-Stakeholders'
Conference: any gathering of 4 500 people will fail to achieve very much
except provide a spectacle, and the logistics are mind-boggling!

Trouble started last week when the conference was postponed - it was
scheduled for the weekend of July 11-12, then Zanu PF announced it was
postponed indefinitely "due to lack of funds" or some such, and the
Parliamentary Select Committee had to put its foot down and announce that it
would take place on July 13-14 instead.  There was a rush of last-minute
preparations: lists of delegates and full-page announcements in the press,
organisations running around trying to get their delegates on the list, etc,
and it was only on Saturday evening or Sunday morning that most of us knew
registration would take place on Sunday!

Registration was a nightmare, and very few of us managed, despite
being there the whole day and half the night.  It was supposed to start at
8am; I first went there at 9.45am and they weren't yet ready, so I returned
at 2pm, by which time hordes were already gathered and struggling to get
past the first hurdle -- registration on the first form.  That was nothing,
however, compared to the next stage: the photo-identity card to get in to
the venue.  There were literally thousands of people milling around pushing
and shoving and being told (or actually physically pushed) to get into
different queues going this way and that way for number, signature, photo -
it reminded me of the scrum when sugar arrived at the supermarket a couple
of years ago!  A policeman kept walking up and down and in and out of rooms
with bundles of what looked like completed accreditation forms, complaining
that he was not responsible for accrediting people, but doing absolutely
nothing to control the chaos!
This alerted me that there was a parallel process going on, especially
when I saw a queue going into the photo room at the back of the Secretariat
room next door, and Nyasha Chikwinya slipping in and out - memories of
elections and the nonsense at some polling stations.   Somewhere at the back
of the photo room one or two people were doing photo-identities, but by 4pm
they had only processed 87 people!  Most of us gave up, but for the three
thousand or more coming from out of Harare, there was yet another nightmare:
allocation of food vouchers and accommodation.
I was very pleased with myself on Monday morning for managing to swan
into the main auditorium without any fuss whatsoever (no mention of photo-ID
cards!).  As I chose a seat, war veteran Joseph Chinotimba greeted me from
behind: "Hello, Stevenson!"  He seemed to find it very amusing that I was
seated so close by.  Gradually the place filled up, and soon the singing and
dancing started; Zanu PF songs, especially, "Hondo! Hondo yeMinda!"  with
much shaking of fists (slogans expressly forbidden in this process) and
marching up and down.  I noticed that Chinotimba was directing groups to
start, move, stand up, move back, etc and joining enthusiastically at times.
Most of the people downstairs were joining in this, while upstairs groups
responded with the open-palm MDC slogan and waved their placards.
It seemed quite good-natured, and no one was particularly worried,
although we were very tired of waiting by mid-day when there was still no
sign of the opening ceremony starting.  The co-chairpersons of the Select
Committee did appeal to groups not to use their slogans, but they soon
started again.  Eventually the top table filled up, the Clerk of Parliament
Austin Zvoma announced that the principals would come later but we would
start the proceedings.  We started with a prayer, and this caused noisy
complaints from the "war vets" shouting "National Anthem! National Anthem!"
The Clerk appeared not to hear, called for the Speaker of Parliament
Lovemore Moyo to give his opening address, then the crowds started singing
the National Anthem.  This was OK, we all stood up and sang - and it was
quite a moving moment.  Then Moyo started speaking, and immediately the
rowdy thugs around the room started singing and shouting and shaking their
fists again, drowning Moyo, who however carried on with his speech.  The war
vet crowds danced into the centre of the auditorium, egged on by Chinotimba,
and started throwing water around over the delegates and moving forward en
masse so that the seated delegates had to stand up and move away.  Moyo gave
up speaking and the top table moved out - the signal for everyone else to
go, also.
I kept looking around for the police to do something but the few
present just stood idly by - or got out themselves!  Eventually most people
had left the auditorium, my colleague Chamunorwa was trying to take me out
but we first moved across to Finance minister Tendai Biti and a few others
who were sitting firmly in their places, determined not to budge. Then more
missiles came flying through the air, Chinotimba was dancing on a table -
and I decided it was time to go!
The" war vets" were singing and dancing on the steps outside, and
delegates were trying to skirt around them to get away: I followed a group
of women behind the pillar and through the flowerbeds!  There was a bit of a
traffic jam as those of us lucky enough to have vehicles drove off - but
most of the 4 000 genuine delegates were standing around traumatised, not
sure what they could or should do.
We have decided that we must not give in to this thuggery, so we would
re-convene the next day (Tuesday).  We heard that the three principals,
including Robert Mugabe himself, would come.  I felt if they didn't come on
time and join together to stop this insanity, this constitution-making
process -and the inclusive government - is finished.
=Trudy Stevenson is former Harare North MP and MDC-M national
executive member

BY TRUDY STEVENSON

Organisers hijacked people's constitutional conference

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:13
LAST Wednesday, as I was driving into the parking lot of parliament, I
stopped to greet Honourable Paurina Mpariwa.

She wound up her window, deliberately ignored me and refused to speak
to me, let alone acknowledge me. I am told that she is upset with me for her
belief that I had a role in the disturbances that occurred at the
Constitutional Conference last Monday.

I got terribly upset with Honourable Lovemore Moyo (Speaker of
Parliament) on both Monday and Tuesday. I spent the afternoon of Tuesday
writing a scathing letter to him. In my view, the letter chronicled my
perceptions of the shortcomings in the arrangements for the all stakeholders'
conference.
When a close friend and colleague read the draft, he said it was too
personal, insulting, abusive and emotional. I responded by saying that
President Robert Mugabe had talked about the GPA coming from the heart;
therefore my letter, too, was from the heart. He calmly told me that I was
quoting the president out of context, and that I should take the whole
import of his message from Monday night's press conference.
He was right. Emotion had taken over reason.  He assisted me to see
that. I have therefore not yet sent the letter.
Minister Mpariwa is not only a good colleague and friend, she is my
homey from Zvimba. I believe that she is upset with me; so might a lot of
people be. There are also a lot of people that are upset with Moyo, the
administration at Parliament, or the Select Committee.
I am therefore writing this article to assist all those who are upset
to enable their reasoning to take over their emotions. On both sides. To do
that, I will talk about the events leading up to and involving Monday, and
then analyse those events in the context of President Mugabe's message on
Monday night.
At the first and only joint caucus that I attended in preparation for
the National All Stakeholder Conference on the constitution- making process,
I made a presentation of six points which included requesting that the
appropriate logistical arrangements be assured for delegates, and that the
conference be presided over by the three principals to the Global Political
Agreement.
My protestations around the logistical arrangements at the joint
parliamentary caucus were based on my extensive experience in managing such
major events in my capacity as the Zanu National Director for Youth. I have
been a member of Zanu PF's National Preparatory Technical Committee for its
annual conferences since 2003. I have directed and coordinated the 21st
February Movement Celebrations in Kutama (the President's 80th birthday in
2004), Marondera (2005), Mutare (2006), Gweru (2007), Beitbridge (2008) and
Chinhoyi (2009). I have also coordinated and directed the 3rd Zanu PF
National Youth Congress held in 2004 which was attended by 4 500 delegates,
as well as the highly successful First National Youths and Students
Convention held at the HICC in June 2008, and attended by over 6 000
delegates. I knew what I was talking about.
The framework for managing the above Zanu PF events involves 12
committees made up of 10 - 15 members in each committee. I was convinced
that the 12-member select committee was inadequate for managing such an
event considering that it was catering for delegates from different
organisations. Some of the select committee's members were too busy with
their other duties (eg ministers). That is why I was extremely vocal at the
joint caucus.
On Monday when the conference was due to start there was logistical
chaos. The accreditation had been such a shambles that it was impossible to
ascertain whether the persons attending the conference were bona fide.
Arrangements for accommodation had been so inadequate that there were
delegates that had slept in corridors, offices and in the open (mind you we
are in the middle of winter!). Some delegates had not had a meal since they
left their homes the previous day. It was sad to note that the fears I had
voiced during the joint parliamentary caucus were playing out for real.
Although delegates were upset and frustrated, they were excited by the
prospect of seeing their leaders. United in front of the people of Zimbabwe,
President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime
Minister Arthur Mutambara represented such hope for the future that the
physical hardships of lack of accommodation, food and ablution facilities
could be ignored. People felt that they were about to make history together
with their heroes. They could imagine the stories they would tell when they
got back home; stories about how they, together with their heroes, engaged
and discussed the future of Zimbabwe.
As I walked into the conference room, I noticed that there was no
national flag. Alarm bells rang in my head. Half an hour later, a huffing
and puffing hotel official brought a solitary flag into the conference room
and placed it on the podium. Things appeared as if there were getting back
on track. We settled in to wait for the official opening.
The dignitaries then walked in and took seats at the podium. Lo and
behold, all seats at the podium were filled. None of the three principals to
the GPA was amongst the dignitaries. There were no empty chairs reserved for
anyone else to come and join the dignitaries. Several questions came to my
mind. Whose function was I attending? Who was presiding over this process?
What was everyone else thinking of inside that auditorium?
The master of ceremonies then came and announced that the official
opening would be conducted later and requested that the opening prayer be
said. After the prayer, proceedings then started. No national anthem was
sung. I interjected from the floor. Several other people interjected too.
The master of ceremonies ignored those interjections.
The people then took over. There was a spontaneous singing of the
national anthem. Proceedings then continued. I then received a text message
indicating the president (who was billed to officially open the programme)
was not coming since he had not been invited.
That, together with the deliberate attempt to ignore the national
anthem, was totally unacceptable to me. To this date, the ignoring of the
national anthem and the absence of the three principles of the GPA at this
event are unacceptable. Irrespective of how much the three principles may
attempt to gloss over and cover up these monumental blunders for those
responsible, it is unacceptable. Sevakuru, vanoyedza kuyananisa, asi pane
anenge ashaisha.
I had asked some colleagues to update me on what was transpiring. As
we were talking outside, we heard noise and commotion in the conference
hall. When we returned, there was singing in the hall. Word had reached the
delegates that the three principals of the GPA were not part of the process.
The disruptions were, obviously, a manifestation that these three men, His
Excellency President Robert Mugabe, the Right Honourable Prime Minister
Morgan Tsvangirai, and the Honourable Deputy Prime Minister Arthur
Mutambara, are truly the owners of this process. The people were protesting
the hijacking of the people's constitutional project by individuals that
they did not know. The people were angry, frustrated and felt betrayed by
the organisers.
I felt for the people. I felt with the people. I was at one with their
protestations.
President Mugabe, that Monday night, indicated that "we are
Zimbabweans, Zimbabweans with one flag, one national anthem".  These symbols
of unity were deliberately ignored by the organisers of the event. Worse
still, the three principals of the GPA personify the united body politic of
Zimbabwe. Their absence at the event was catastrophic. This is further
illustrated by the fact that, after their joint press conference, the
proceedings of the following day were not disrupted.
So I say to my Ambuya Paurina, yes you may be upset with me. However,
my actions, the actions of some of my compatriots on all sides of our
political divide, were the actions of people who were angered by the
deliberate downplaying of the three majors symbols of unity that are
currently with us. These are the national flag, the national anthem, and the
three principles of the GPA.
Our protests are, in essence, a clamour for unity. Simunye.

Patrick Zhuwao is MP for Zvimba East and Zanu PF National Youth
Director.

BY PATRICK ZHUWAO

Budget Review Exposes low Revenue Inflows

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:40
FINANCE Minister Tendai Biti yesterday gave little respite to
motorists by reducing duty on diesel marginally from US20c to US16c a litre
and maintained the high rate at US20c a litre on petrol putting paid any
chances of a cut in the price of fuel.

The price of fuel has of late increased largely due to tax on the
essential commodity and financing challenges at the National Oil Company of
Zimbabwe. There were expectations in the market this week that Biti would
reduce or remove completely the duty on fuel. Diesel is currently selling at
between US$1 and US$1,10 a litre while petrol is priced at between US$1,40
and US$1,60 a litre. The high cost of fuel has contributed to an increase in
the price of goods and services. There are fears that this could stoke new
inflationary pressures on the recovering economy.

However there was joy for importers of newspapers as the minister
scrapped the 40% duty on imported titles. Biti also removed duty on cellular
phone handsets, computers and printers. He also reduced duty on motor
vehicles with combis with a carrying capacity of 15 to 20 passengers
attracting 15% duty and single cab vehicles 20% down from 25%.
Biti's budget review however exposed major challenges around low
levels of revenue inflows that have made it impossible for government to
meet disbursements for requirements by ministries.
He said the government was facing challenges with regards to
supporting the financial requirements for agriculture.
"Requirements for the 2009/10 summer cropping season, estimated at
US$880 million, are not only almost equal to the entire 2009 national
budget, but are also in excess of the domestic financial sector savings
deposit base," he said.
He said additional budget challenges emanated from requests by some
ministries for funding in areas that had not been covered within the US$1
billion 2009 envelope.
Ministries, notwithstanding their appreciation of the realities of
cash budgeting, continue to raise bids for additional requirements, he said.
The requests include services for the audit of the payroll,
requirements for decent public service remuneration, public service
delivery, infrastructure, the new constitution-making process. Biti proposed
to sustain existing ministries' operations as well as provide for new
requirements. The minister yesterday revised the year-end economic growth
projection to 3,7% from the original 2,8% on the back of gains recorded in
all sectors of the economy during the first half of the year in. Biti also
revised the annual inflation average projection to 6,4% from 6,9%.
In his mid-term fiscal policy statement yesterday, Biti said the
review should realign the 2009 budget expenditure priorities to expected
revenue inflows, consistent with the cash budgeting policy thrust adopted in
February.
"In short, we will continue eating only that which we hunted," he
said.
"Reflecting economic gains recorded during the first half of 2009 and
prospects for economic recovery to the end of the year, the country's real
gross domestic product is poised to grow by an estimated 3,7% in 2009," Biti
said.
Biti said recovery in the country's agricultural sector, estimated at
24,3% in 2009 was expected to influence the this year's anticipated overall
positive economic growth.
Biti said the devastating impact of the economic collapse over the
past 12 years was reflected by the de-industrialisation of the economy and
declining per capita GDP from an average of US$720 during 1997-2002 to about
US$265 by December 2008.
Further more, informal employment is said to have risen to over 60%,
leading to sharp contraction of wages as a share of GDP and overall increase
in poverty levels
"Human poverty in this country as measured by total consumption
Poverty Line and the Human Poverty Index is estimated to have risen by above
the 63% and 51% recorded in 2003 and 2006," he said.
Zimbabwe's real GDP, which recorded remarkable positive growth rates
averaging 3,9% per annum in the 1980s and 1990s shrunk by more than 40%
during the period 2000-2007 and 48% by the end of last year, he said.
"From the second half of 2008, mineral prices particularly for
platinum and nickel at the international markets began to fall as a result
of the global financial crisis.
Platinum prices dropped from US$2 048 per ounce in May to US$834 per
ounce by December 2008.
Gold prices also fell but by a smaller margin with March prices
averaging US$968 per ounce while an average price of US$816 per ounce was
recorded in December 2008.
In the first half of 2009, mineral prices however started stabilising
as a result of interventions through fiscal stimulus packages introduced by
most developed countries.
Biti said agriculture, which is the main pillar of the Zimbabwean
economy with strong linkages to the rest of the sectors, contracted by an
annual average of -7,1% between 2000 and 2008. Cumulatively, agricultural
output contracted by -79,4% during 2002 - 2008.
Similarly, the mining and manufacturing sectors recorded average
annual declines of -9% and -9,5%, respectively, during the same period.
Sector performances during 2000-2008 are indicated in the graph below:
Biti said the most devastating problem which faced the economy since
2000 was inflation. During 1997 - 2002, inflation averaged 61,7%, after
rising from 18,8% in 1997 to 135,1% in 2002. From 2003, inflation spiralled
out of control and reached recorded hyper-inflationary levels of 231 million
percent by July 2008.
"This marked the death of the Zimbabwe dollar, which subsequently went
out of circulation, resulting in the market pricing of goods and services in
foreign currencies from October 2008," said Biti.
High inflation was primarily driven by high money supply growth on
account of expansionary quasi-fiscal activities by the Reserve Bank. This
pro-inflationary macro-economic policy was compounded by speculative
activities in financial markets and the underlying severe supply constraints
in the economy.
"The adoption of Sterp has resulted in the country recording
consecutive negative inflation levels, with the month on month rate
experiencing deflation since January 2009," he said.

BY PAUL NYAKAZEYA

Slow but Notable Revival From Economic Slump

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:37
IT is beyond doubt that the events that have unfolded in the country
over the past few months have helped to paint a new picture of the country.

Notable milestones include the signing of the Global Political
Agreement, review of the fiscal policy which was subsequently followed by
the launching of Sterp, liberalisation of the economy, full dollarisation,
the government's 100 day action plans and the investors conferences that
have been held by both the government and private players.

The launch of Sterp was arguably instrumental in changing the fortunes
of the country. Policies enunciated in the document were largely welcomed by
many and they somehow helped to reduce the cloud of uncertainty that hung
over the economy. Dollarisation of the economy, though it wiped off working
capital for many companies, provided some stability to the economy.

Hyperinflation was brought under control with monthly inflation
figures from January to May this year below 0%. The negative monthly
inflation is a result of downward adjustments in prices of most commodities.
The improved outlook on the economy has also resulted in foreign
investors becoming significant participants in our economy, particularly on
the stock market.
Since the equities market resumed trading US$12,6 million worth of
shares have exchanged hands. Most trades are taking place in the heavyweight
counters and it is believed that offshore investors could be strategically
positioning themselves ahead of the economic turnaround. The rationale
behind buying the blue chip stocks is that these companies are expected to
recover faster than others. Participation of foreign investors is also a
sign that the investment community has possibly discounted the level of risk
attached to the country.
Furthermore, the tobacco-selling season which commenced on May 7 is
progressing very well. To date 38,5 million kgs have been sold realising
US$114,3 million. In comparison 29,7 million kgs had been sold over the same
period last year at a value of US$94,3 million. The improvement possibly
stems from the various lines of credit that were pledged towards the sector.
These have enabled merchants to procure the gold leaf from farmers at
favourable prices. Current prices may have also encouraged farmers to grow
more tobacco this season. Tobacco seed sales at 247 460 kgs represent a 67%
increase from last year.
Another sector that has benefited immensely from the current
dispensation is mining. The favourable policies have seen some mining houses
resuming operations after more than a year of inactivity. As the operating
environment worsened in 2008, several mining firms stopped business and
engaged into what they termed care and maintenance. Many could no longer
sustain operations due to lack of funding with several being owed money by
the Central Bank. The positive policies undertaken this year include
liberalisation of the sale of minerals and allowing producers to retain all
their sale proceeds. This has motivated some to start producing again. Over
and above these, the availability of credit lines for the sector has enabled
players to recapitalise.
Some of the liquidity filtering from the tobacco sector has helped to
revive other sectors, particularly the retail and manufacturing sectors.
Tobacco farmers, who are being paid mainly cash and to a lesser extent
transfers into bank accounts, have been rather generous with their money
with some literally going on a spending spree. While some are preparing for
the next season through buying inputs, others are spending their newly found
riches on furniture, clothes and used cars.
Besides the tobacco farmers, others that have seen an improvement in
their disposable income are mine workers. These together with the embassy
staff and NGO employees have been the major drivers of aggregate consumer
demand in the country. The majority of people in employment work for the
government and earn monthly allowances of US$100 each. If this amount is to
be doubled, the impact on aggregate demand in the economy will be huge.
Increase in disposable income will result in expanded capacity utilisation
in the economy.
All of the above has been achieved at a time there is limited
liquidity in the economy. It therefore implies that more can be achieved if
the country can secure more funding. Under Sterp, the Finance ministry
believes that the country requires US$8,3 billion to reconstruct the
economy. The IMF believes that the country needs US$45 billion over the next
five years to return the economy to optimum levels.
Now that investor confidence levels are slowly creeping up with each
passing day, it is necessary to source the required finances to turn around
the economy. Sadc member states have proved that they lack the capacity to
support the turnaround programmes in the country.
Funding from multi lateral institutions like Afrexim and the PTA bank
is far from the required amount. European and American countries are on the
other hand still sceptical about the idea of giving the country budgetary
support. This means that the country should seriously consider selling some
of its assets to generate some cash. Whilst the cash needs are urgent,
caution is required in privatising the assets if the country is to fully
benefit from it.

BY KUMBIRAI MAKWEMBERE

Fuel Prices Drive Commodity Prices up

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:35
FUEL prices in Zimbabwe have increased by 50% inside a month as the
state-run National Oil Company of Zimbabwe (Noczim) fails to procure enough
fuel to meet the country's requirements.

Fuel prices, which have been on an uninterrupted increase in the last
three months, have resulted in the prices of basic commodities increasing by
an average of US$0,90 since May depending on the retail outlet.

According to the Consumer Council of Zimbabwe the family basket has
been increasing over the past three months in response to fuel prices.
The price of petrol rose from US$1 on June 16 to US$1,50 last week,
while the price of diesel rose to US$1,10 from US$0,90. The price of fuel is
however fluctuating between US$1,40 and US$1,60 depending on supplies on the
day.
According to the Reserve Bank, Zimbabwe needs between 100 and 120
million litres of fuel a month. Zimbabwe consumes about 1,2-million litres
of fuel (diesel and petrol) a day. Currently the country is only importing
40 to 50 million litres.
The strengthening of the rand against the US dollar is also said to
have exacerbated the shortage for small-budget fuel importers.
Zimbabwe's fuel importers prefer doing business in US dollars, which
are now fetching less. Yesterday the rand was trading at 8,193 to the
dollar. Most Zimbabweans are still transacting the two currencies at 1:10.
Economists this week blamed the massive tax on imported fuel as a
contributing factor.
Government has set excise duty on petrol and diesel at US$0,20c per
litre. Noczim is said to be charging them as much as US$0,58c for petrol and
US$0,22c for a litre of diesel.
Government is however saying the increase is in response to rising
global
prices.
And as a means of raising hard currency, fuel importers are said to be
insisting on trading in coupons rather than cash.
Global oil prices have remained depressed with a barrel of oil trading
at an average of US$60 and is seen remaining below US$90 per barrel by end
of year
The coupon system is favoured by suppliers because it forces consumers
to pay in advance. Rising fuel costs have immediately translated into higher
transport and food prices.
Though shops are well stocked, the price of goods is rising, with many
unable to afford to buy enough food.
Economist Eddie Cross said when Zimbabwe converted to the use of
foreign currency for all domestic transactions, the import fuel system was
liberalised and price controls lifted.
"This resulted in an immediate resumption of normal supplies and in a
few weeks all informal fuel sales were suspended," Cross said.
In the past three months restrictions have again been imposed on
import permits resulting in a resumption of the effective monopoly over fuel
supplies going back to Noczim.
However, because Noczim allegedly has no credibility in international
or even regional markets, its transactions have to be in hard cash.
According to Cross the temptation of many millions of dollars (about
US$1,5 million a day) flowing through the accounts of Noczim was just too
much for the elements in government and Noczim resulting in a large sums of
money being taken out of the Noczim accounts. The parastatal as a result
failed to deliver millions of litres of fuel, already paid for to local
clients.
"These clients then halted payments to Noczim and had to try and fill
the resulting void with supplies from South Africa by road," said Cross.
No comment could be obtained from Noczim at the time of going to
print.
Energy Minister Elias Mudzuri is on record saying the current fuel
shortages are as a result of problems being experienced by Noczim. "Noczim
is not procuring enough fuel as they are experiencing problems," Mudzuri
said.

BY PAUL NYAKAZEYA

PM to Attend Jo'burg Investment Gala

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:33
PRIME Minister Morgan Tsvangirai will deliver a keynote address at a
business initiative forum gala dinner to be held on July 31 at the Sandton
Convention Centre in Johannesburg.

The prime minister is expected to brief delegates on the conditions
and merits of investing in a new Zimbabwe at the banquet organised by Mlilo
Projects Building and Civil Engineers.

The gala will draw participants from leading companies, business
experts, policymakers, fund managers financiers and sectoral investors from
all over the world
The indaba will focus primarily on matters to do with the business
climate, investment opportunities, and property protection rights.
Zimbabwe's image as a safe investment destination had been dented by
years of dictatorial laws by Robert Mugabe's government.
The country has been facing condemnation for counterproductive laws,
including breaching business protocols as well as policies that scare away
potential investors. It has been urged to review laws concerning protection
of private sector investments if the country is to get its economy back on
track.
Policy experts and economists say there is significant interest in
Zimbabwe by investors and the prospects of recovery can only be underpinned
by government's commitment to reforms that attract foreign direct investment
and comprehensive international donor funding.
They say massive inflows of capital are crucial to sustainable
economic growth, leading to job creation and economic prosperity.
The prime minister last month appealed to Western nations for
increased humanitarian support to Zimbabwe and urged them to consider direct
aid to the inclusive government.
The government urgently needs about US$8,5 billion to fund
reconstruction of the economy and to restore basic services such as health
and education.
But so far, it has raised only US$2 billion in credit lines from
African countries and institutions, while the US and its Western allies have
insisted on reforms first. - Staff Writer.

Failure to Reform Holding Back Investment -- Analysts

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:30
IN the Hollywood film Jerry Maguire, Tom Cruise plays a sports agent
with an onerous task of raising Cuba Gooding Jnr's game and getting him a
better contract.

Gooding, an egomaniac football player for the better part of the
movie, keeps up his pesky and cocky attitude to his own detriment telling
Cruise in one of the scenes "show me the money" first.

Back home, former Chamber of Mines chief, Ian Saunders, at an annual
general meeting a few years back, likened government's behaviour to Gooding's
portrayal of the football player in the Oscar nominated film.
Like Gooding, he said the Zimbabwean government was demanding to be
shown the money without any behavioural change or reform. Unlike in the
film, Gooding -- the government's equal -- finally comes around and gets the
dream contract after dealing with his issues.
But could the Zimbabwean government be changing its attitude and
preparing to play ball this time judging by recent comments at last week's
investment conference?
President Robert Mugabe's assurances that Zimbabwe is ready to respect
property rights last week came as music to investors' ears but investors are
still in a wait-and-see mode judging by the absence of foreign direct
investment.
Mugabe promised that the new government "upholds the sanctity of
property rights".
His comments came against a background of continued farm invasions and
apparent lack of action on the invaders.
Mugabe said: "The conference will do well to ensure that our
investment policies are fully explained as there has been uninformed
apprehension concerning some of them particularly those to do with
indigenisation. Such policies as the Indigenisation and Economic Empowerment
Act should not be viewed as obstacles to investment. Rather, they should be
welcomed as promotive of the greater participation of our people in the
economic activity that builds to good business returns for the investor. In
addition, foreign direct investment is most welcome as it brings new
technology, capital and new markets.
"It is my pleasure to invite all the potential investors to sample our
investment opportunities from which I am sure, they will find some areas
which are appropriate and supportive of their endeavours."
But his invite is fraught with suspicion and many investors still view
the indigenisation law as an impediment to investment.
Analysts argue that government's failure or success in dealing with
farm invasions should be the benchmark in measuring its commitment to
respect and defend property rights.
Until government deals or fails to deal decisively with the
uncertainty over farms occupations, investors are not likely to commit a
dime towards investment in the country.
Instead, government seems to be more comfortable accepting donations
from developed nations than attracting investment.
Apart from that, Mugabe and his government have in the past behaved
like a crazy bunch locked up in the attic that investors pretend do not
exist until they appear and pull a totally nutty stunt on the investment and
economic front.
Investors had gotten conditioned to a barrage of takeover threats at
the height of Zimbabwe's economic crisis while those who had existing
operations in the country were arrested for increasing the prices of goods
without government's permission.
Last year some businesses were shortlisted for takeover because the
owners had European origins and accused of attempting to remove Mugabe from
power by stoking the people's anger through incessant price increases.
To others, Mugabe is the sort of leader who says one thing and does
the other. As such, many still believe Mugabe's promises that the new
government upholds property rights could be mere lip service.
Deputy Prime Minister Arthur Mutambara says he is making desperate
attempts to rebrand Zimbabwe's image.
Analysts say rebranding the country's image will not be a stroll in
the park and demands political will from all the parties in government.
Mutambara also faces an uphill task owing to failure by the
principals - Morgan Tsvangirai, Mutambara and Mugabe - to iron out sticking
issues arising from the Global Political Agreement (GPA) the parties signed
last year.
This is also adding to uncertainty on Zimbabwe, analysts said.
Saunders, now chief executive of New Dawn Mining Corporation, a
company with a listing on the Frankfurt Stock Exchange and trading under the
3DM, last week gave the Independent an insight into investor perception on
Zimbabwe.
He said: "Currently 3DM is performing a little lower than
expectations. Certainly with some of the political and economic issues being
unresolved there is some hesitancy on the part of certain investors to
aggressively invest in Zimbabwe. Once these matters are resolved we see a
very bright future for 3DM."
Mutambara last week admitted government is lacking credibility because
of failure to halt farm invasions and re-introduce the rule of law.
He said: "For you to be trusted, credible to investors, we must
resolve that matter (outstanding issues) because if we don't, we lose
credibility. How can we convince investors if we don't respect our own
agreement."
Critics blame Mugabe for ruining the economy with the help of his
central bank chief Gideon Gono. Under Gono inflation rose to record levels.

BY CHRIS MURONZI

Local Players set to Launch low Cost Airline

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:27
A TEAM of indigenous players is set to launch Zimbabwe's first low
cost airline within the next few weeks with a maiden flight scheduled for
September this year.

The new airline's thrust will be on ensuring that flying is both
affordable and convenient and is geared to cater for the burgeoning
travelling population plying the Harare-Johannesburg and
Bulawayo-Johannesburg routes.

Aptly named Fly Kumba, the airline has positioned itself for growth in
line with the Government of Zimbabwe's quest to re-brand itself and
re-emerge as the bread basket of the region if not the continent.
Fly Kumba Chief Executive Officer, Lloyd Muchaka said the airline's
vision and mission was centred around ensuring that flying is affordable to
everyone.
"We intend to become Zimbabwe's preferred low-cost airline, delivering
the lowest air fares with the highest consumer value and offering world
class service to price sensitive consumers.Fly Kumba intends to fulfill
everyone's dream of flying based on a fare of below US$80, departure tax
included in this price for a flight from Harare to Johannesburg," said
Muchaka.
He said the maiden flight was scheduled for September, 2009.
In line with its vision, Fly Kumba seeks to complement the tourism
service and to see the ongoing efforts to re-brand the country as another
opportunity for the airline to play their own part in enhancing the image of
the country in the outside world.
While flying is often viewed as an exclusive privilege for the elite,
Fly Kumba Chief Financial Officer, Patrick Chapwanya said the airline was
cognisant of the fact that the prevailing economic recession meant tight
budgets for the ordinary person hence
the introduction of this low cost service.
Chapwanya said Fly Kumba intends to pass on benefits of low
transportation costs to its clients as every saving can be applied to cover
other costs.
"We know that the objective of each traveller is to get to their
destination.  Fly Kumba has identified a workable solution enabling
travellers to do just that without the burden of unnecessary costs," said
Chapwanya. -- Staff Writer.

Muckraker: State Media Predictably flunks Crediblity Test

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 20:30
'CHAOS rocks indaba," the Herald told us on Tuesday morning. This
followed the shocking events of the previous day when youths had run riot at
the All-Stakeholders meeting on constitutional reform at the Harare
International Conference Centre, singing and dancing, and drowning out
remarks by Speaker Lovemore Moyo and secretary to parliament Austin Zvoma.

They pelted dignitaries with an assortment of missiles including
bottled water.

The Herald omitted to tell us which youths were responsible for this
anarchy. Nor did it tell us why President Mugabe failed to turn up. It also
omitted to mention that many of the rabble had reportedly arrived with
Saviour Kasukuwere and Patrick Zhuwao. Joseph Chinotimba's presence went
unmentioned.
All we were told is that President Mugabe described the events as
"disturbing". The best Morgan Tsvangirai could do was to "associate myself
with what His Excellency said." - something which he does a lot of nowadays!
What we find "disturbing" is the selective coverage of all this.
It was obvious to the public at large which party used the pretext
that some people were not singing the national anthem to create chaos. And
it was clearly evident who was toyi-toying and preventing others from
speaking.
Here was a test for our public media and they predictably failed it.

Tafataona Mahoso, who likes to point out to the media their
shortcomings, needs some instruction himself. He said in his long-winded
column in the Sunday Mail last weekend that Prime Minister Morgan Tsvangirai
took his personal spokesman with him "on what was supposed to be an official
state visit to Europe and the United States".
Mahoso should be the first to understand that prime ministers cannot
make state visits abroad. Only heads of state can make state visits.
Tsvangirai's visit was an official visit. There is no such thing as an
"official state visit".
Mahoso waxed indignant over the West setting benchmarks for Zimbabwe
on issues of governance. In fact they said the GNU should meet its own
benchmarks before it approaches the West for aid. Why is that so
unreasonable?
Mahoso purports to speak for the people of Zimbabwe in his column, as
in "the people want the effects of the last 10 years of illegal sanctions to
be tackled as an emergency".
In fact the people want an end to Zanu PF's damaging misrule. That is
what they voted for just over a year ago. Mahoso ended up on the losing side
in that contest. The people rejected the pretensions of the rotten and
discredited post-liberation aristocracy he speaks for.
Mahoso's dishonest explanations for the collapse of the economy no
longer find purchase with the Zimbabwean public. But he continues to churn
out ideologically sclerotic views which have long since passed their
"sell-by" date.
He should read Moeletsi Mbeki's revealing views in Architects of
Poverty: Why African Capitalism Needs Changing, reproduced recently in the
Star under the heading, "Colonised by the black elite".
"Nationalism in Africa has always paraded itself as a movement of the
people fighting for their liberation," Mbeki notes. "The reality is rather
different."
He points out that African nationalism was the preserve of a small
Westernised black elite fighting for inclusion in the colonial system.
Their record has been spectacularly damaging, he argues.
He gives the example of Zimbabwe where once the ruling party had
consolidated its hold on power, "the Zanu PF political elite proceeded to
enrich itself to the great detriment of the national economy and of the
welfare of the population at large".
Such actions have ensured that most Africans in sub-Saharan Africa are
poor and getting poorer, Mbeki says. He uses figures from the World Bank and
US National Bureau of Economic Research to show that 36% of the region's
population lives in economies that in 1995 had not regained the per capita
income levels first achieved before 1960. Another 6% are below levels first
achieved by 1970, 41% below 1980 levels and 11% below 1990 levels.
"Only 35 million people reside in nations that had higher incomes in
1995 than they had ever reached before," the bureau points out.
What a shocking indictment and required reading for Mahoso and the
gang he defends who he helpfully names in his article!

By the way, Mahoso laments the absence of "visual symbols" from the
inclusive government, claiming that "in 1987 the raised and joined fists of
Robert Gabriel Mugabe and Joshua Mqabuko Nkomo instantly became the emblems
of national unity".
We should not be surprised to hear that Mahoso believes raised fists
are a suitable symbol of the country's leadership, but Muckraker has another
"visual symbol" for consideration: the Jongwe bird on the Zanu PF building
in Harare.
The parties agreed in 1987 to have the Great Zimbabwe conical tower as
the symbol of the unified party. But Zanu refused to make the change on the
headquarters building of the unified formation and today its exclusive
symbol remains there as a stark warning to the MDC of what happens when you
leave structural issues unresolved and trust Zanu PF to do what they
promised.

The Herald told us on Monday that the conviction of the MDC-T MP for
Chipinge South Meki Makuyana brings to four the number of MDC-T MPs
convicted of various crimes.
The paper ran this as its main story with the headline "MDC-T MP
jailed for kidnapping".
Why does the Herald never run a story saying "Mwale escapes arrest"?
How many Zanu PF supporters have been convicted of kidnapping since
last year's unprecedented political violence? What has happened to those who
Jestina Mukoko's lawyers say were responsible for kidnapping her?
Only last week Judge-President Rita Makarau spoke out against the
torture of suspects held in police custody. Why, when the perpetrators have
committed such a crime, have they not been brought to justice?

Zimbabwe's good friend China has been in the news last week. TV
networks showed footage of Chinese colonists in Shaoguan, the capital of
Xing-jiang province, patrolling the streets with metal pipes looking for
ethnic Uighurs to attack. An estimated 180 were killed in the carnage.
The Chinese government is telling the world that the violence was
stoked by exiled Uighurs. But the real story is that local Uighurs bitterly
resent the invasion and colonisation of their region by Han-Chinese. Like
the citizens of Tibet, the Uighurs want their freedom from Chinese rule.
As the Star pointed out last week, the bloody crackdown in Shaoguan
"confirms that China remains a repressive autocracy intolerant of cultural
diversity".

We liked the story in The Zimbabwean about Gushungo Dairy Estate being
a model farm. A number of ministers had said how operations at the farm with
its state-of-the-art milking parlour show the first family was "taking
farming seriously".
It's a pity dairy farmers elsewhere in the country have been prevented
from taking farming seriously. They have been instructed to cease
operations. Many of the cows that used to constitute the national dairy herd
have been sent for slaughter. Dairy farming is a pathetic shadow of its
former self thanks to Mugabe's disastrous land policies.
Workers at Gushungo Dairy estate, formerly known as Foyle Farm owned
by Ian Webster, told The Zimbabwean that the new owners' "success" owed much
to the support of the Reserve Bank and Arda.
Agricultural experts from state enterprises were seconded to work at
the estate, the workers said.
Senior Zanu PF officials were amazed by what they saw at the estate.
Local Government minister Ignatious Chombo said he had "never seen a dairy
of this kind".
"It has to be emulated," he said. "I am extremely impressed."
Mashonaland Central governor Martin Dinha, whose fawning remarks we
published a few weeks ago, said Gushungo Dairy gives us a lot of 'proud'
(sic) as a province."
Perhaps when he is not too busy being "proud", Dinha could tell us
what role he played in the melée at the HICC on Monday.

We were surprised to hear the president announce at last week's
investment conference that farmers who had made improvements on acquired
farms had been fully compensated.
"The responsibility to compensate farmers rests on the shoulders of
the British government and its allies," he declared. "We pay compensation
for improvements. That is our obligation and we have honoured that."
Really? Can he name a single farmer who has been paid compensation?
How can he get away with this sort of thing?
Anyway, it was good to have outgoing British ambassador Andrew Pocock's
observation on the record. "In the fairly recent past the Zimbabwean
government has said that compensation rests with the United Kingdom
government. Well it does not - either legally or morally. At Lancaster House
sovereignty was transferred to the Zimbabwean government. The disruption on
the farms was not caused by anything to do with the United Kingdom.it was
driven by Zimbabwean government policy.therefore we have no legal obligation
for compensation. We've never accepted that and we won't."
That's a message that needs to be firmly delivered to Morgan
Tsvangirai, Arthur Mutambara and Welshman Ncube as much as to Mugabe who
tried to convince a sceptical audience that the Indigenisation and Economic
Empowerment Act was not a threat to investors, just a measure promoting
local participation in the economy. You can guess who the "locals" will be!
An international package for land compensation and agricultural
recovery is indeed possible, even necessary, but never in the present
circumstances of lawlessness and downright theft.
Nor, by the way, is there likely to be any investment. Mugabe put paid
to that last week - ironically at the very conference touted as the
beginning of recovery and image change.
Another own goal it would seem!

Muckraker fully supports Childline in its campaign to supply blankets
to street kids. This is a noble aim at this time of year when it is bitterly
cold at night.
But should Econet be bothering its customers with begging texts any
time of the day or night? That goes for other 444 messages which amount to
unsolicited junk mail being disseminated by the service provider like the
"Thanks a Million" promotion?
Econet should exercise some discretion in the frequency and nature of
these messages and stop making a nuisance of itself.
By the way, did the Met Office ever reply to the letter to the editor
of the Herald complaining about the silly weather report saying temperatures
went down to -12 degrees at some point last month? We know it was cold but
not that cold!
It once snowed in Gweru in 1923. But before cheeky colleagues take a
pot shot, no, Muckraker was not around to file the story.

Eric Bloch: Get Real on Land Issue

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 20:27
ZIMBABWE'S International Investment Conference in Harare was
apparently a major success in all respects bar one, but that one negative
facet of the Conference negated all the positives achieved.

The conference was said to have attracted over 400 international
investors, financiers, fund managers, and entrepreneurs, and with one
exception most were initially filled with great conviction that Zimbabwe is
now a very attractive investment environment. Much was demonstrated to
evidence the magnitude  of the investment  potential  that exists and, from
the outset, the conference  participants were  greatly motivated  and primed
to embark upon  some of the immense  investment  that Zimbabwe  desperately
needs if its economy  is to be transformed  from the cataclysmic lows to
which it had sunk.

The conference attendees were convincingly  appraised of the
tremendous opportunities  that exist in mining, manufacturing, tourism  and
other economic sectors,  and which  are likely  to become  available  in
Public-Private Partnerships (PPPs) within diverse  parastatals. Emphasis
was justly  placed upon the vast  wealth of Zimbabwean national  resources,
upon the very considerable  industrial opportunities, upon the  unique
magnificence  of Zimbabwe's diverse tourism attractions,  and upon the
economic transformation currently underway (including wide-ranging
deregulation, deflation  in substitution  for hyperinflation, marked
reduction in scarcities, focus upon restoring parastatals operational
efficacy and service to the economy, and much else).
However, the considerable mileage gained with the vigorously courted
possible investors was markedly reversed when issues of land ownership were
addressed. Conference  participants understandably  voiced concerns that,
on the one hand,  invasions of farms continue virtually  unabated,  with
little or no attempt by the state  to contain  those invasions and that,  on
the other hand, evicted farmers have still not received compensation for the
gargantuan  deprivations they  have suffered.  President Mugabe reiterated
the endlessly voiced contention that the lands were "stolen" by the British
colonialists, lawfully belong to the Zimbabwean people, and that if there
was any entitlement to compensation for the land, the obligation to that
compensation lies with Britain.
This contention has prevailed ad nauseum, in total disregard for the
facts that when the colonialists entered the country, much of the land was
unoccupied and unutilised, and that such land as was in usage had, in the
main, been expropriated from the San people, without compensation to them
(clearly that which is sauce for the goose is not sauce for the gander!).
That disregard was matched  (and  continues to be matched) by contemptuously
founded unconcern that at the Lancaster House agreement of 1979, bringing
about  Zimbabwean   Independence, Britain pledged agreed funding for land
acquisition on a willing-buyer, willing-seller basis, and in the first four
years of Independence, honoured its pledge. Similar disregard is
demonstrated for the fact that the expropriated farms were acquired despite
"certificates of no interest" issued by government.
Not only does government seek to impose compensation obligations upon
others, in respect of the unjustly -- and often violently -- acquired lands,
but in addition after almost a decade of acquisitions, it has yet to effect
compensation for improvements, for vandalised and misappropriated moveables,
and for loss of income. So blatantly has there been compensation default
that government has not even honoured Bilateral Investment Promotion and
Protection Agreements (BIPPAs). So government assiduously fails to comply
with international norms of justice and equity, continuously ascribes blame,
culpability upon others in general, and strives to shed itself of all
responsibility, by contentious ascription of that responsibility to others.
Compounding this tragic mishandling of very necessary land reform
(which  has devastatingly destroyed  agriculture, undermined a previously
virile  economy, and rendered millions poverty-stricken)  is that the
ongoing governmental stance  on the land issues provides an insurmountable
deterrent to much-needed international  economic recovery  support. That too
is a deterrent to the investment which is essential to restoration of a
virile economy, and much of the impressive mileage gained over the last six
months by the Prime Minister, Deputy Prime Ministers, Ministers of Finance
and of Economic Planning and Development is reversed by the dogmatic
adherence of some to the ill-conceived, unjust, and appallingly implemented
land policies.
With ongoing expropriation  of farms, in many instances initiated by
invasions led by some in high office within government, the army or the
police, often pursued  with violence  and with theft of livestock, plant,
machinery and equipment, and other privately-owned  assets, all studiously
ignored by the alleged guardians of law and order,  it is inevitable that
potential investors be fearful whether their future  investments will be
secure, or whether they too will be vulnerable to expropriation, even  if
not in the agricultural  sector.
These fears are reinforced by last year's promulgation of the
Indigenisation and Economic Empowerment Act, and the threatened amendments
to the Mines and Minerals Act. Investors have an unavoidable reluctance to
invest if they are faced with a possible expropriation of 51% of the
investment equity, and that worsened by not even being accorded any credible
assurance of recompense.
The contradictions at the conference were pronounced. The President
said that "Such  policies as the Indigenisation and Economic Empowerment Act
should  not be viewed  as obstacles to investment  promotion; they should
be welcomed  as promoting the  greater participation  of our people  in the
economy,  indeed the democratisation of our economic  activity that builds
up to good business returns  for the investor". He also said that "our
stable political environment is making us more conducive to promoting the
rule of law". Some 4 000 displaced farmers, their families, and many of
their employees, will credibly sneer at the suggestion that Zimbabwe upholds
the sanctity of property rights. So too will be  the many  who were
victimised  by violent  and  abusive  farm invasions, confronted by force,
subjected to physical injuries,  and immense suffering, insofar as the
contention that rule  of law  is promoted. And many will query the president's
statements that government has "honoured" its obligations to pay
compensation for improvements.
In contrast to the president's investment-discouraging stance at the
conference, the Prime Minster sought to be more moderate, stating that
whilst all agreed that land reform was needed, they differed on the
approach. That  land reform  was (and is) necessary  cannot  be convincingly
justified,  and hence the  land reform  must be irreversible , but that does
not preclude  it being modified to be just, equitable, non-racialist, and
effective.
At the conference,  Deputy  Prime Minister Arthur Mutambara showed
somewhat  greater realism   than  his "Unity Government"  colleagues,
saying that government should stop blaming  the West for the socio- economic
decline,  and should uphold the rule of law,  respect property rights, and
ensure a  moratorium on farm invasions  and disruptions  affecting white
farmers.
Until government "gets real" on land issues, unreservedly respects
property rights, complies with the precepts of rule of law, and
constructively -- not destructively -- pursues economic empowerment and
indigenisation, prospects of major investment inflows and other substantial
international support are tremendously minimised. Zimbabwe could have one of
the greatest economies in Africa, and could almost wholly eradicate poverty,
if it "gets real", but in the meanwhile it continues to shoot itself in the
foot.

BY ERIC BLOCH

Political Crisis off Headlines as Hunger Stalks Zimbabwe

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 19:29
AFTER a few moments of international attention when Morgan Tsvangirai
and his Movement for Democratic Change formed a unity government with their
long-time oppressors, Zimbabwe has now been eclipsed by more dramatic
headlines from elsewhere.

The challenges of rebuilding the country's ruined political and
economic systems are daunting, and the global recession has seriously hurt
trade and investment opportunities, as well as remittances from diaspora
workers that provide 8% of the country's GDP. Meanwhile, foreign donors are
understandably repulsed by the prospect of having to support a government
still associated with (President) Robert Mugabe and his Zanu PF hardliners.
Yet strong arguments exist for the world to swallow hard and come to the
country's aid.

After years of self-inflicted economic degradation, abusive
government, massive displacement and the collapse of its social
infrastructure, Zimbabwe is showing tentative signs of recovery. Hope has
surfaced as prices stabilise; the government begins to function after a
fashion; civil servants receive small stipends; cross-party cooperation
emerges in parliament; schools and hospitals re-open; and humanitarian
assistance picks up. Even in the face of non-cooperation - some would say,
"subversion" - by government hold-overs like the Reserve Bank Governor
(Gideon Gono), the Attorney-General (Johannes Tomana) and the security
establishment, Zimbabwe seems poised to defy the sceptics.
But Zimbabwe's timing is awful. It is seeking massive foreign
assistance - the government's recovery plan calls for about US$8,5 billion
over the next two-to-three years - and private investment just when donors
and international development agencies alike are cutting aid budgets and
foreign investors are seeking safe havens in the stormy global economy.
Tellingly, no one has called for a "Marshall Plan for Zimbabwe".
Further, most factors that often generate Western political will for
engagement are absent. Neither the MDC nor Zanu PF consorts with global
terrorists, and a collapse of the unity government will not lead to jihad
training camps in rural areas. Zimbabwe is neither a supplier nor a major
trafficker in illegal drugs, arms or persons. Zimbabwean refugees are not
flooding into Western Europe or the US. While rich in natural resources,
Zimbabwe seems to have the wrong commodities at the wrong time: it has no
oil, and most of its minerals face free-falling global demand. There are no
exotic diseases that threaten pandemic: just run-of-the-mill cholera,
malaria and HIV/Aids. The country straddles no sea lanes and has no pirates.
So as Afghanistan, Burma, Iran, Iraq, Pakistan, Somalia, Sri Lanka,
Sudan, and other crises are filling the in-boxes of Western policy-makers,
Zimbabwe falls to the back of line, not just alphabetically. Even
international crises themselves are slipping down the agenda in a world
increasingly focused on domestic implications of global recession.
In this context, there is no easy motivation to compel international
engagement. While the scale of suffering in Zimbabwe matches or even dwarves
that of other humanitarian crises - with six million people with limited or
no access to safe water and sanitation, 1,5 million children in need of
assistance to attend school, and millions in need of direct food aid - this
rationale only takes us so far in a world facing seemingly infinite
humanitarian needs.
The argument for engagement has to be built on circumstantial
evidence, but it is a strong case nonetheless.
Start with Zimbabwe's regional importance. If Zimbabwe is a smallish
country of 12 million people, the southern African region - with a market of
200 million, growing oil production, armed forces providing peacekeepers
throughout Africa, and a location along key shipping lanes - is by contrast
of great strategic, commercial and political importance. A prosperous
Zimbabwe could be an engine of growth for the region, providing key links to
regional communications, transport and electricity grids. Zimbabwe has long
been considered a potential breadbasket for the region, based on what used
to be efficient agriculture, albeit in need of serious land reform. Combine
this with abundant mineral resources, hydro-electrical power to complement
coal-fired power further south, and an educated and productive labour force,
and the case for integration becomes even stronger.
By contrast, instability in Zimbabwe is profoundly destabilising to
its neighbours. An estimated four million Zimbabweans fleeing economic
hardship and political abuses have flooded across borders, overwhelming the
social services and the good will of South Africa, Botswana, and other
neighbours. The fierce xenophobic attacks on Zimbabweans in South Africa's
townships are just one sign of growing restiveness. Botswana, Africa's
shining star of stability and human rights, has built an electrified fence
and resorted to detention and expulsions to keep desperate Zimbabweans out.
A second argument for Western engagement is based on the world's need
for success stories in national reconciliation based on dialogue and rule of
law. This is exactly what Zimbabwe is offering. The general political accord
guiding the unity government is a textbook example of how to rebuild a
post-conflict political and economic system: rebalance power between
judicial, legislative and executive powers; adopt an inclusive constitution
prepared through broad public consultations; defang and reform a menacing
security force; eliminate oppressive security legislation; insist on
accountability for past abuses; and reinforce civil society enfeebled by
Mugabe's divide-and-rule tactics. Success in Zimbabwe could provide lessons
and ripple effects, just as South Africa's own transition did 15 years ago.
Third, we cannot assume, just because the global effects of Zimbabwe's
implosion have been modest, that "it cannot happen here".  A world focused
on only the visible threats of the last crisis is no longer creatively
addressing the unpredictable effects of the next crisis. Transnational
threats incubate in unexpected ways in the hothouse of instability and weak
governance.
What if the H1N1 virus had emerged in Harare and swept through a
country where the health infrastructure had been ravaged? Similarly, who
would have anticipated that failing states in West Africa would be the new
transit point for South American drugs going to Western Europe, or that
dirt-poor North Korea would develop the technology to launch missiles over
Japan and verbally threaten the world with nuclear attack?
Finally, the most nuanced argument for engagement may be the most
powerful. For Western countries and particularly the US, the capacity to
exercise so-called "soft power" depends in large part on a global perception
that this power is intended for the global good. For most of the past
decade, this has been absent.
The world's reaction to the election of Barack Obama suggests that
America is being given a second chance.
Immediately following 9/11, I said in a speech: "We ignore suffering
and instability abroad at our peril. We must dedicate ourselves and our
resources to fight poverty, illiteracy, disease, hunger, and repression -
conditions that give rise to desperation that translates itself into
terrorist acts. We must not squander the reservoir of resolve abroad ready
to work with us in pursuit of a more secure, more democratic, and more
prosperous world."
Squander is exactly what America did with international goodwill since
2001. By contrast, in part because there are so few compelling national
interests in rebuilding Zimbabwe, the impact of a substantial commitment to
meet that challenge would be all the more empowering.

  * Donald Steinberg, Deputy President for Policy at International
Crisis Group, served as President Bill Clinton's Special Assistant for
Africa and as Director of the State Department's Joint Policy Council under
Secretary Colin Powell.
By Donald Steinberg

We Need a Constitutionalism Paradigm Shift

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:08
AS the process to craft a new constitution for Zimbabwe rumbles on,
there is need to pause a minute and look at the constitutionality of a
constitution.

This process, called constitutionalism, must run parallel to the
formulation of the supreme law in the land if as a country we are to heal
the scars of the past.

According to Wikipedia, constitutionalism is the limitation of
government by law, as prescribed by a constitution. Constitutionalism
implies also a balance between the power of the government on the one hand
and the rights of individuals on the other.
These fundamental principles and values -- by which we expect the
nation to be governed -- include fairness, justice, equality, separation of
powers, due process of law, supremacy of the constitution, and many more.
Do we have any guarantees that these will be respected when the new
constitution comes into being? Has there been a change of mindset in the
powers that be, or in those that believe they have the inalienable right to
lord it over us?
Constitutionalism has one essential quality: it is a legal limitation
on government; it is the antithesis of arbitrary rule; its opposite is
despotic government, the government of will instead of law.
Do we have a paradigm shift -- running parallel to the
constitution-making process -- in the minds of the military brass, senior
government officials, civil servants, political party officials, chiefs,
headmen, the judiciary, the police, the intelligence services, relatives of
the high and mighty, friends with connections in high places, business
leaders who feast at the tables of power, "Nicodemussed" church pastors who
preach against violence by day but fire the flames of the same by night,
national youth service militia; the list goes on.
Constitutionalism is the political and social practices that make a
constitution an institution rather than a paper parchment.
The absence of respect for the constitution and constitutionalism was
aptly demonstrated when Local Government minister Dr Ignatious Chombo
directed the Harare City Council to ignore a Supreme Court order for the
re-instatement of two employees, Engineer Christopher Zvobgo and Misheck
Mubvumbi, who had been on suspension for the past nine years and six years,
respectively.
I take my hat off to the local authority which, through the person of
mayor Muchadeyi Masunda, said council would comply with the court order
reinstating the two, in effect overriding the Chombo directive barring the
reinstatement.
"We cannot afford to be in contempt of court orders. Court orders are
there not to be defied," Masunda said.
Will we have a paradigm shift by the Chombos of this world that they
will respect court orders, let alone implement them?
Will we have the police timeously investigating cases of political
violence without showing favour for one political party over the other? Will
the old order of detention without trial be rife and rampant, and the rights
to life, personal liberty, and freedom of expression, association, assembly
and movement no longer be badly hampered?
It is every state's primary duty to protect its own population from
grave and sustained violations of human rights, as well as from the
consequences of humanitarian crises, whether natural or man-made, as
enshrined in the constitution. Will this be adhered to?
Will the army be restricted to the barracks and only let loose for the
protection of the country and its citizens -- and not to bash heads in
support of one political party.
Will we see the judiciary fearlessly passing judgements that are
legally considered to be in line with substantial justice?
That to me is the parallel process that we need to be inculcating in
not only the political leadership, but right across the country.
We must disabuse ourselves of this delusion and pre-occupation that
the crafting of a new constitution will pave the way for a free and fair
election, something that has eluded us for a long time.
There is a crying need a paradigm shift that ensures that the tenets
of the constitution will be upheld and respected by all and sundry.
"The only honourable course for a citizen is to conduct his life as
though the constitution, as originally understood, is in full force and
effect, and if and when that brings him into conflict with public agents, to
take a firm stance in opposition to their usurpations, regardless of
consequences to himself, to them, or to others. Maintaining the
Constitution, in every particular, is more important than human lives, even
millions of them, if it should come to a choice. Individuals die. The
constitution needs to live for as long as one human remains alive, and
perhaps even beyond that." - Jon Roland, 2003.

Thondhlana is editor-designate of the forthcoming NewsDay.

BY BARNABAS THONDHLANA

Comment: Flawed Process Going Nowhere

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 21:06
THE chaos which rocked the constitutional All-Stakeholders Conference
on Monday was regrettable but instructive.

It revealed fundamental problems besetting the current controversial
constitution-making process which those calling for an inclusive,
transparent and participatory approach have been pointing out.

There are all sorts of problems dogging this process which organisers
and their parochial political handlers are trying to sweep under the carpet.
By so doing they hope to hide the evident fatal flaws of the process, yet
still expect to produce a good constitution for the country. This is not
possible. A wrong method cannot lead to a correct answer. This is the
essence of logic.
It is very clear the pandemonium on Monday was politically engineered.
Politicians, in this case from Zanu PF, arrived at the conference with a
not-so-hidden agenda to disrupt proceedings and stall the project. They
simply want to sabotage the entire constitutional initiative and prevent
free and fair elections in the short to medium term.
There is no price for reading through these daft shenanigans by
politicians who are extremely scared of elections. It's an unmistakable
political and power-retention computation.
The mayhem exposed the naked truth that the current
constitution-making process is a theatre for political manoeuvring and
contestation. This is now overshadowing the main objective of this
initiative: to write a new and rock-solid constitution for the country and
for generations without political interference and manipulation.
After the anarchy, President Robert Mugabe, Prime Minister Morgan
Tsvangirai and Deputy Prime Minister Arthur Mutambara held a meeting and
appeared on ZTV condemning the chaos which rocked the conference. Calm
returned on Tuesday. This actually proved that it was a political issue. The
hooligans froze their operations after their leader had spoken. This is
where we have a problem.
There can be no gainsaying that this constitution-making process is
not only controlled and stage-managed by politicians, but it is their pet
project. Why people expect a healthy outcome out of a poisoned project beats
logic.
This constitution-making process is not people-initiated, let alone
driven. It was engineered in dark rooms and water-borne negotiations by Zanu
PF and the two MDC factions. It remains their business and project. They
will only allow in people so long as they won't have control to change the
outcome. They had agreed to impose the shoddy Kariba draft, but they are now
fighting among themselves after realising their sinister conspiracy against
the people had been exposed and would politically backfire. That is the plot
of this soap opera.
That is why it is important for Zimbabweans to demand an open,
inclusive, participatory and democratic process, not this partisan, opaque
and rather fraudulent exercise. Why is it difficult for these political
parties to open the process to public and democratic participation and
control? At the moment the process is closed and managed by MPs who
represent and symbolise manifest vested political interests.
It is not too late for politicians to realise that insisting on a
self-serving process will take us nowhere. What is simply needed is for the
party-political leaders to meet and agree that the process should be changed
before forging ahead. We know they won't agree because of their competing
agendas and that provides further proof they are pursuing their own narrow
interests, not a people-driven and democratic constitution.
Let's engage in frank talk. Zanu PF simply does not want this process
to succeed because it fears free and fair elections. The MDC-T wants it to
succeed on its own terms so that it can stand a good chance of winning the
elections. MDC-M is timid about it because they are also scared of
elections.
So the interests are clear and the reason why the parties don't want
to quit this idea of a parliamentary select committee running the show is
that they are in charge to protect their bigoted agendas.
It is surprising to find some civil society groups collaborating in a
flawed process when there is no need to because the charade is going
nowhere.
Why taint themselves with such a contaminated process? The answer can
only lie in their partisan political affiliations and the agenda of the
funders.
Civil society organisations must learn that operating like political
hacks and errand boys for political parties does not help us to democratise
the country.
Here is a good opportunity to come up with a credible constitutional
reform process and constitution being sacrificed on the altar of parochial
political agendas. In the end, who benefits from this sort of approach and
where do we find ourselves as a country and society after those agendas have
been pushed through or shoved down our throats?
Let's be clear about this: we need an open, inclusive, participatory
and democratic approach to produce a credible and legitimate constitution,
not this partisan and tainted process.

Editor's Memo: Good Product First Before Rebranding

http://www.thezimbabweindependent.com/


Thursday, 16 July 2009 20:45
DEPUTY Prime Minister Arthur Mutambara does not need a second
invitation to demonstrate with youthful vitality that he does not belong to
the past.

He loves his PowerPoint presentations when his colleagues are more
comfortable with reading speeches.

His quest for modernity is reflected in a series of pet projects that
he has come up with lately to hopefully bring change to this society. He has
been championing the Public/Private Partnerships project, the quest to
rebrand the country, and achieving a national vision.
I understand perfectly what he wants to achieve: a new image for
Zimbabwe that is saleable. This is a corporate-type project that is employed
to sell products which do not necessarily have a good reputation on the
market. But the rebranding process together with the so-called national
vision are projects bound for failure as long as they are pitched as
pedantic schemes that are divorced from the political imperatives on the
ground.
British Author Walter Landor once said: "Products are made in the
factory and brands are created in the mind." This is the major challenge
facing Mutambara. Looking at Landor's theory, to create a brand, there has
to be a product first. The product is then converted into a culture. It
becomes a way of life. It ceases to be just a tin of beans on the shelf.
Fathers name their children after it. The product name becomes bigger than
the product itself. People start to use the product name as a generic term
for other products on the market; the way we use a coke to mean other fizzy
drinks (Americans call them sodas), or a Hoover to mean a vacuum cleaner.
Similarly, Durawall  means a precast wall. The proper noun becomes a generic
name.
The problem with Mutambara's project is that he has to rehabilitate
Product Zimbabwe first in the face of obduracy by his colleagues. He has to
convince his colleagues in the unity government that we have a bad product
on our hands. There are those in the GNU who still believe that we have a
good product but that the problem lies with those who criticise or point at
flaws in the merchandise. But we all know that the product is not saleable
at the moment. It has earned a bad reputation. Its packaging is inferior and
contents broken. Even locals do not want to buy it. They are investing their
monies elsewhere.
Mutambara should pause to think why our own Africa Sun is mobilising
monies to build hotels in Nigeria, South Africa and Ghana when government is
saying there is a serious shortage of rooms to cater for the 2010 World Cup.
Whatever reason Africa Sun will proffer; the bottom line is that they regard
Zimbabwe as an inferior product compared to Nigeria, South Africa or Ghana.
Zimbabweans in the Diaspora who do not want to come back home are
sending to would-be investors the same message -- that they do not trust
Product Zimbabwe.
So the first major hurdle for Mutambara to conquer is ensuring that
Product Zimbabwe strikes a positive image on the shelf. That will not be
achieved by asking people to speak positively about the product. It requires
a collective effort to cleanse Zimbabwe of the bad-boy image the country has
earned over the years. The negatives that have blighted Zimbabwe's image are
well documented and there are still there. Product Zimbabwe has become
synonymous with these negatives and the challenge therefore for Mutambara is
to see that there are positives which identify with Product Zimbabwe. At the
moment, it is not clear what punch lines marketers of this product should
employ. Should the selling points be sport, farming, mining, manufacturing,
tourism good governance or investor-friendly legislation? All these possible
marketing thrusts will not work at the moment; worse still if our rulers
call diplomats idiots. This is where rebranding needs to start. An
organisation wanting to rebrand does not insult stakeholders or brandish
fists at those refusing to purchase the brand. Persuasion works better!
In April When Mutambara started talking about rebranding, he had this
to say about the country's image: "We want to rebrand Zimbabwe, but what are
we known for?" asked Mutambara. "How are we perceived by the rest of the
world?"
"We are known for violence, farm invasions, disregard for the rule of
law, electoral fraud, cholera, an unheard of rocket-propelled inflation,
gigantic corruption and mafia-style abductions and kidnappings of
journalists, human rights activists and anyone seeking democratic space."
Unfortunately this is the livery Zimbabwe is wearing today. The task
to hand therefore is ensuring that we have a good product first before we
talk about rebranding it. Product Zimbabwe must be generally acceptable to
the generality of Zimbabweans before it can be marketed to the outside
world. At the moment, many Zimbabweans do not feel we have a good product
and, without it, the Shared National Vision mantra withers on the vine.
The issue here is simple. You cannot market a bad product, neither can
you rebrand it. A brand is like a reputation, you earn it. Our rulers
instead demand it. They won't get it that way. You tell 'em Arthur.

DEPUTY Prime Minister Arthur Mutambara does not need a second
invitation to demonstrate with youthful vitality that he does not belong to
the past. He loves his PowerPoint presentations when his colleagues are more
comfortable with reading speeches.
His quest for modernity is reflected in a series of pet projects that
he has come up with lately to hopefully bring change to this society. He has
been championing the Public/Private Partnerships project, the quest to
rebrand the country, and achieving a national vision.
I understand perfectly what he wants to achieve: a new image for
Zimbabwe that is saleable. This is a corporate-type project that is employed
to sell products which do not necessarily have a good reputation on the
market. But the rebranding process together with the so-called national
vision are projects bound for failure as long as they are pitched as
pedantic schemes that are divorced from the political imperatives on the
ground.
British Author Walter Landor once said: "Products are made in the
factory and brands are created in the mind." This is the major challenge
facing Mutambara. Looking at Landor's theory, to create a brand, there has
to be a product first. The product is then converted into a culture. It
becomes a way of life. It ceases to be just a tin of beans on the shelf.
Fathers name their children after it. The product name becomes bigger than
the product itself. People start to use the product name as a generic term
for other products on the market; the way we use a coke to mean other fizzy
drinks (Americans call them sodas), or a Hoover to mean a vacuum cleaner.
Similarly, Durawall  means a precast wall. The proper noun becomes a generic
name.
The problem with Mutambara's project is that he has to rehabilitate
Product Zimbabwe first in the face of obduracy by his colleagues. He has to
convince his colleagues in the unity government that we have a bad product
on our hands. There are those in the GNU who still believe that we have a
good product but that the problem lies with those who criticise or point at
flaws in the merchandise. But we all know that the product is not saleable
at the moment. It has earned a bad reputation. Its packaging is inferior and
contents broken. Even locals do not want to buy it. They are investing their
monies elsewhere.
Mutambara should pause to think why our own Africa Sun is mobilising
monies to build hotels in Nigeria, South Africa and Ghana when government is
saying there is a serious shortage of rooms to cater for the 2010 World Cup.
Whatever reason Africa Sun will proffer; the bottom line is that they regard
Zimbabwe as an inferior product compared to Nigeria, South Africa or Ghana.
Zimbabweans in the Diaspora who do not want to come back home are
sending to would-be investors the same message -- that they do not trust
Product Zimbabwe.
So the first major hurdle for Mutambara to conquer is ensuring that
Product Zimbabwe strikes a positive image on the shelf. That will not be
achieved by asking people to speak positively about the product. It requires
a collective effort to cleanse Zimbabwe of the bad-boy image the country has
earned over the years. The negatives that have blighted Zimbabwe's image are
well documented and there are still there. Product Zimbabwe has become
synonymous with these negatives and the challenge therefore for Mutambara is
to see that there are positives which identify with Product Zimbabwe. At the
moment, it is not clear what punch lines marketers of this product should
employ. Should the selling points be sport, farming, mining, manufacturing,
tourism good governance or investor-friendly legislation? All these possible
marketing thrusts will not work at the moment; worse still if our rulers
call diplomats idiots. This is where rebranding needs to start. An
organisation wanting to rebrand does not insult stakeholders or brandish
fists at those refusing to purchase the brand. Persuasion works better!
In April When Mutambara started talking about rebranding, he had this
to say about the country's image: "We want to rebrand Zimbabwe, but what are
we known for?" asked Mutambara. "How are we perceived by the rest of the
world?"
"We are known for violence, farm invasions, disregard for the rule of
law, electoral fraud, cholera, an unheard of rocket-propelled inflation,
gigantic corruption and mafia-style abductions and kidnappings of
journalists, human rights activists and anyone seeking democratic space."
Unfortunately this is the livery Zimbabwe is wearing today. The task
to hand therefore is ensuring that we have a good product first before we
talk about rebranding it. Product Zimbabwe must be generally acceptable to
the generality of Zimbabweans before it can be marketed to the outside
world. At the moment, many Zimbabweans do not feel we have a good product
and, without it, the Shared National Vision mantra withers on the vine.
The issue here is simple. You cannot market a bad product, neither can
you rebrand it. A brand is like a reputation, you earn it. Our rulers
instead demand it. They won't get it that way. You tell 'em Arthur.

BY VINCENT KAHIYA

Zim Independent Letters

http://www.thezimbabweindependent.com/

Zanu PF not Sincere About Constitution

Thursday, 16 July 2009 21:03
ZANU PF is comfortable with the current constitution hence for them
there is apparently no need to craft another one.

A new one is most likely to dilute the powers of their leader and
lessen his capability to manipulate the systems of governance in the
country. The new people-driven constitution will see their party crumble as
their leader is the epicentre of power, hence his decline is likely to bring
the party to its knees.

As a result they are not ready to hand over power for the simple
reason that they took a leading role in liberating Zimbabwe from colonial
bondage, as expressed through their song and dance. They emphasised that
Zimbabwe came as a result of blood and accused those against them of wishing
to sell this country and therefore deserve to be killed.
They are also not repentant for the butchering of innocent Zimbabweans
in the run-up to the June 27 presidential run-off elections. Whilst the
nation is formulating how best to carry out the national healing process
they are doing nothing except to open more wounds and even boasting of being
masters of violence.
Their actions show that they have no respect for the Global Political
Agreement despite the fact that it's the one which gave legitimacy to the
president of their party Robert Mugabe.
The "public" media is still dominated by Zanu PF as evidenced by false
claims on national television that members of the Zimbabwe Congress of Trade
Unions (ZCTU), National Constitutional Assembly (NCA) and Zimbabwe National
Students Union (Zinasu) disrupted the conference. This defies logic
considering that the group which disrupted the conference were well known
Zanu PF offcials. Unless these officials have joined any of the accused
organisations state- controlled media journalists need to revisit their
modules on journalism ethics.
Zanu PF wanted the conference to be a rally where politicians were
going to take turns lecturing on how they want the constitution-making
process to be conducted. The role of the delegates would then be to listen
and endorse through various means which include clapping and whistling.
The sentiments by Prime Minister Morgan Tsvangirai that we are now in
a new dispensation where democracy, tolerance and unity are gathering
momentum are contrary to reality, given this sad incident.  It is also
mind-boggling as to whether people of Zimbabwe will be free to express their
views having witnessed chaos and anarchy which prevailed at the HICC.

Youth Forum,
youthforumpublicity@gmail.
com

-----------
Tsvangirai's Mission was Necessary

Thursday, 16 July 2009 21:00
THE recent tour of Europe and America by Prime Minister Morgan
Tsvangirai was necessary and helpful to Zimbabwe.

It is common knowledge for those with an active mindset that sanctions
cannot be removed overnight. I believe that Tsvangirai's tour was a public
relations initiative, not a fundraising project.

It is not correct for Zanu PF to portray Tsvangirai as a failure. We
are all aware that no financial aid shall come from Europe or America until
Robert Mugabe honours the terms of the Global Political Agreement (GPA).
What the Americans and Europeans are saying is that we should
implement what we agreed internally. This cannot be interference in our
internal affairs.
I think Mugabe is solely to blame for the poor performance of the
inclusive government. As far as I am concerned there is selective
application of justice, abductions, lack of property rights, fresh farm
invasions, suppression of freedom of the press and a politically coordinated
constitution-making process instead of a people-driven one.
Mugabe should not block the finalising of the GPA issues and he should
stop hate speech.

Kurauone Chihwayi,
Glen Norah.

-----------
Ours is a Rotten Constitution

Thursday, 16 July 2009 20:58
IN his essay entitled "Some comrades are more equal than others", the
late political science professor, Masipula Sithole, attributed Zimbabwe's
problems to the forgetful political class.

He also made reference to the fact that most people in our country
were having it rough, they were hurting; they felt cheated over what he
termed the "Independence dividend". Constitution Amendment No 7 passed in
1987 shows us the extent to which we can rightly say ours is a rotten
constitution.

One key provision of the Constitution Amendment No 7 Act in Zimbabwe
is the creation of the position of executive president. The creation of the
position of executive president led to the combination of the ceremonial
role of the old president with the executive functions of the prime
minister. Such a move dealt democracy a lethal blow in Zimbabwe. This is so
largely because it turned Robert Mugabe into an unquestionable dictator by
virtue of his being above all other people in Zimbabwe.
Being above all other people means that one can also be above the law
and this hinders the development of democracy in the country.
Who in his right mind then can deny the fact that the creation of the
position of executive president gave Mugabe excessive powers which turned
him into a tyrant interested only in his own good and wielding power for the
sake of satisfying his ego. This makes sense especially when considering the
fact that no other person has ruled Zimbabwe since Independence in 1980.
Noteworthy also and germane to this discussion is the fact that
Constitution Amendment No 7 empowers the president to veto any Bill
presented by members of parliament as it pleases him. Such power works
against the development of democracy in Zimbabwe.
The president can accept a Bill that has serious negative implications
for citizens just because of selfishness. This is true when looking at the
draconian laws that were pushed through in parliament.
The Public Order and Security Bill is one such bill that was signed
into law yet it severely curtails the citizen's right to assembly,
association, expression and movement.
The Access to Information and Protection of Privacy Bill also signed
into law is anathema to freedom of expression and media freedom.
Surprisingly, the two Acts are unjustified in a democratic society but
because Mugabe wanted to maintain his grip on power, he signed them into
law. This also means that any proposals that threaten Mugabe's power will be
pushed aside and this is not good for democratic development in Zimbabwe.
Constitution Amendment No 7 also provides for the prerogative of
mercy. The incumbent president has excessive powers from this amendment to
ensure that convicted members of his party do not serve prison sentences.
This encourages contempt and disregard for the rule of law, especially
by members of the ruling party. Several Zanu PF supporters, the police,
soldiers, war veterans and youth militia responsible for political violence
in the elections of 1990, 2000 and 2002 were pardoned.
Corrupt government officials such as those involved in the "Willowgate
scandal'" were also pardoned. The question we should grapple with is: Will
such acts of mercy be extended to members of the opposition? The answer is
no. If the answer is no then prospects for democratic development in
Zimbabwe remain uncertain at best and gloomy at worst.
Finally, Constitution Amendment No 7 provides for presidential
immunity. This means that as long as he remains in office Mugabe shall not
be charged with a criminal offence nor shall he be sued in any court of law.
This places the president above the law and this contradicts Article 7 of
the Universal Declaration of Human Rights which says that: "All are equal
before the law and are entitled without any discrimination to equal
protection of the law".
This threatens democracy and its development in Zimbabwe. When some
people are more equal than others it becomes difficult for any country to
enjoy social equality, parity, fairness, equal opportunity, impartiality and
egalitarianism and because of this it can be established beyond any
reasonable doubt that key provisions of the Constitution Amendment No 7 are
antithetical and incompatible with democratic development in Zimbabwe.
On the whole, it can be concluded that the aforesaid provisions are
the five key provisions of the Constitution Amendment No 7 which have dealt
a smooth trajectory from authoritarianism to democracy a lethal blow.

Mutsa Murenje,
Nairobi, Kenya.

------------
MDC disillusioning its supporters

Thursday, 16 July 2009 20:57
I STRONGLY believe that the MDC should not allow Zanu PF to continue
taking the people of Zimbabwe for granted.

Many people like me were strongly against this Global Political
Agreement (GPA). It seems like the leadership of the MDC got into bed with
Robert Mugabe without any gain to us. The MDC and its president, Morgan
Tsvangirai should not be seen to be authenticating Mugabe's autocratic
policies.

We have been in this struggle for a very long period of time and it is
mind-boggling to realise that the urgency that the MDC puts on matters that
we consider as critical is at variance with what we expect as supporters of
the MDC.
Many of our MPs are in prison on trumped up charges and it seems that
nothing is done to bring it to an end. What has the MDC done with the Gideon
Gono and Johannes Tomana issues?
I also want to know why there is a delay in the swearing in of Roy
Bennett?
Why can't the governors be put into office?  What did you agree on
about the permanent secretaries? What's the position on ambassadorial
appointments?
The list goes on and on but nothing is happening to resolve these
pertinent issues.
We are getting very restless of Zanu PF's continued antics.

Trymore Mazhambe,
Mutare.

-------------
Crisis at UZ Needs Urgent Attention

Thursday, 16 July 2009 20:49
I MAKE this appeal to the Prime Minister and his government to give
due attention to the crisis at the University of Zimbabwe (UZ). The UZ is in
a dire and deplorable situation due to gross mismanagement. I suggest that
the administration at the UZ be revamped.

In fact certain heads should roll. That is the only way to resolve the
crisis. There is also need to inject some capital to kick-start the
institution. Please do not neglect the UZ. It is the epitome of the success
and/or failure of Zimbabwe's education system and the economy at large.

The crisis at the UZ has been parochially conceptualised as hinged on
the shortage of water, but the reality is that the problem is much broader
and deep-seated. I wish to indicate that even if 1 000 boreholes are
drilled, and there is water galore at the UZ, it will not open. Lecturers
are grumbling and petulant because of poor working conditions while the
administration is presiding over the demise of a once top university in
Africa.
The UZ staff is ridiculously underpaid. The administration has turned
a blind eye to the cause of lecturers and non-academic staff and treats them
with disdain and contempt. It's a crying shame.

Disgruntled lecturer,
Harare.

-------------
SMS The Zimbabwe Independent
Thursday, 16 July 2009 20:47
THE new constitution should limit the president's tenure to two
five-year terms. He should not make such decisions as sending soldiers to
war without consulting cabinet.
Ramabulana T, RSA.
JUST as we have a minimum age limit for the office of the president
which is 40 years let's have a maximum limit of 70 years. That way we will
be able to save the country from being led by immature people and also those
who are over the hill.
Cde Tasangana.

THE Kariba draft is boat-driven rather than people-driven and an
affront to people's liberties.
Damba, Mutare.

WILL there be a job for Lovemore Madhuku after the writing of a new
constitution? Will donor funds continue to flow into NCA? Maybe these are
tough questions which Madhuku is trying to avoid thus advocating for another
No vote. I don't think this time it's going to be like what happened in
2000. New ways have to be put in place to circumvent the tricks of
politicians so as to write the people's constitution. That is where your
expertise is needed Madhuku and company.
TEN.

THE world over people are talking about recessions but we in Zimbabwe
have had ours for the past 10 years. At least it seems we are now on a
recovery path.
Optimistic.

ARTHUR Mutambara is realising that his party is slowly disintegrating.
Many of his utterances in support of Robert Mugabe are meant to curry favour
with Zanu PF. He will definitely join Mugabe's party in the future.
Chibox, Marondera.

IF the ministers involved in the rhino horn trade were from the MDC-T
they would have been tried, convicted, sentenced and jailed with no option
of an appeal or fine.
Zwai, Masvingo.

WILL someone please tell Robert Mugabe and Zanu PF that they are
clinging to a sinking ship that is not anchored to anything? The ship is
sinking -- never to be raised again.
NM.

DEVOTION to Zanu PF at this stage and hoping for its political
resurrection is not only delusional but self-deceiving.
Berube, Chimanimani.

THE government should pay proper salaries. Pretending to pay will lead
workers to pretend to work.
Berobe Dindix, Chimanimani.
WHY should we talk about national healing when MDC MPs are being
incarcerated? It seems that Morgan Tsvangirai cares more about Robert Mugabe
than his supporters.
John.

THE ICC is now investigating post-election violence in Kenya, war
crimes in Somalia and has already indicted several high profile individuals
in Sudan. Will someone please get them to investigate violence, murder and
rape before the June 27 election and Operation Murambatsvina. All these
constitute crimes against humanity.
Observer.

WHAT is Stan Mudenge doing masquerading as a Higher Eduction minister
when he cannot reopen UZ? He should just resign!
Wezhira, Masvingo.

OUR leaders are profoundly myopic as evidenced by their not putting
the reopening of the UZ on the agenda. How are we going to reverse the
economic slide without skilled labour? Let's have foresight please.
Futuristic.

THE issue of incentives for teachers is more about the child than the
teacher. If teachers are hungry they will not work and then who suffers?
Mai Zimba.

HOW can Lucia Matibenga be made governor for Masvingo province when a
portion of Kuwadzana extension -- in her constituency -- has been without
electricity for quite some time now. MDC-T must wake up and smell the
coffee.
Gochai Henyu.

A PROMISE brings comfort to a fool. Civil servants should not dwell on
Morgan Tsvangirai's empty promises because one day they will sleep on empty
stomachs. US$100 is being swallowed by bills.
Bemused.

I WANT to thank ZTV for continuing to show us images of the atrocities
committed by the Ian Smith regime. They should also show us images of the
Gukurahundi massacres and last year's election violence.
Parity.

WHY is it that all live soccer matches on ZTV seem to be Dynamos
matches? It's an 18 team league and all teams need to be shown to the
nation. Currently the league is more of social competition with no sponsor
and biased officiating.
      Mutape.

WHEN are the "new" programmes ZTV is allegedly screening shown. All I
see are the 1980s repeats.
Baffled.

Serious Flaws Identified in Zimbabwe Constitutional Revision Process

http://www.voanews.com

     

      By Patience Rusere
      Washington
      16 July 2009

Zimbabwe's constitutional revision process kicked off in earnest this week -
though with a false start Monday as the first session of an all-stakeholders
conference ended in turmoil as militants of President Robert Mugabe's
ZANU-PF chanted songs and threw water bottles.

In a rare show of solidarity, President Robert Mugabe and Prime Minister
Morgan Tsvangirai denounced the disruption and warned that more such
incidents would not be tolerated.

The second day of the conference went more smoothly - but critics of the
process, which is led by a parliamentary select committee, said the incident
showed the risk of giving control of the constitutional rewrite to
politicians with a limited role for civil society groups.

Non-governmental organizations led by the National Constitutional Assembly
have launched an alternative mechanism and will hold a parallel
constitutional congress.

For a look at the troubled revision process, reporter Patience Rusere of
VOA's Studio 7 for Zimbabwe turned to Farai Maguwu, director of the Center
for Research and Development in Mutare and University of Zimbabwe
constitutional law lecturer Greg Linington,

Linington expressed discouragement at Monday's debacle and the mix of
delegates.

Zimbabwe's MDC Accuses ZANU-PF of 'Cynical' Plan to Erase Its Majority

http://www.voanews.com

     

      By Blessing Zulu
      Washington
      16 July 2009

Tension within Zimbabwe's unity government is on the rise as the Movement
for Democratic Change formation of Prime Minister Morgan Tsvangirai accuses
its ZANU-PF partner in power sharing of twisting the law to chip away at its
narrow majority in Parliament.

The party issued a statement alleging a "cynical and diabolical attempt" by
ZANU-PF, which is led by President Robert Mugabe, to claw back political
ground lost in the 2008 elections by trumping up charges against MDC
parliamentarians. Several have been convicted and even sentenced to prison
terms, jeopardizing their seats in the House of Assembly.

The MDC formation expressed dismay at the suspension this week of Chipinge
West Member of Parliament Mathias Mlambo, who is now barred from attending
sessions of parliament.

Mlambo was convicted of public violence by a magistrate in Chipinge,
Manicaland province, and sentenced to 10 months. But his lawyers have
appealed the conviction.

The Zimbabwean constitution says a legislator sentenced to six months or
more in prison "shall cease forthwith to exercise his functions," specifying
furthermore that the seat shall be vacated 30 days after such a sentence is
imposed.

Observers say the MDC has cause for concern: two of its lawmakers have been
convicted on charges carrying a sentence over six months, and three more
face charges which could lead to expulsion from the house. Most of those
prosecuted come from Manicaland province, where ZANU-PF suffered heavy
losses in the 2008 elections.

In those elections the Tsvangirai MDC formation won 100 seats to ZANU-PF's
99. The MDC formation of now-Deputy Prime Minister Arthur Mutambara won 10
seats giving the combined MDC formations (the party split in 2005) a
110-seat majority. There is one independent.

Elsewhere, the MDC is urging police to arrest ZANU-PF members alleged to
have disrupted a national constitutional conference on its opening day
Monday in Harare. The party said one of its members was arrested during the
floor fracas, alleging bias on the part of police.

Chief Parliamentary Whip Innocent Gonese of the Tsvangirai MDC grouping told
reporter Blessing Zulu of VOA's Studio 7 for Zimbabwe that the law is being
applied selectively.

Responding to the allegations of bias in the justice system, Attorney
General Johannes Tomana said the the MDC was unfairly dragging him into
politics.

ZANU PF official in court over tribal slur

http://www.zimonline.co.za

     

            by Own Correspondent Friday 17 July 2009

BULAWAYO - ZANU PF politburo member and former Mayor of Bulawayo Joshua
Malinga on Thursday appeared in a Bulawayo magistrate court facing charges
of undermining the authority of the police.

The 65-year-old politician and businessman was remanded on US$50 bail to
July 31.

He was not formally charged with contravening Section 177 (b) of the
Criminal Law (Codification and Reform) Act when he briefly appeared before
magistrate Sithembiso Ncube.

His lawyer, Job Sibanda of Job Sibanda and Associates Legal Practitioners
told the court that there was no need to put the charge to his client, as he
was aware of it.

He added that his client was coming from home and had no complaints against
the police.

The case had to be moved from Court Two on the first floor of Tredgold
Building to Court Seven on the ground floor because Malinga moves with the
aid of a wheelchair.

Clad in a gray suit, Malinga listened carefully as his lawyer addressed the
court and relatives wheeled him out of the courtroom after the remand with a
prison officer holding the court record so that they could pay bail before
he would be allowed to go home.

Prosecutor Evans Mungoni told the court that on February 11 this year, at
around 10am, constable Raphael Somerayi was on duty manning the High Court
building reception and was dressed in police uniform.

Malinga parked his vehicle at the corner of 8th Avenue and Herbert Chitepo
Street with its tail allegedly encroaching into the road thereby blocking
other cars.

Somerayi approached Malinga and spoke to him in Shona requesting him to park
properly.

The state is alleging that Malinga responded by insulting the complainant in
English saying; "You are stupid, idiot officer speaking Shona in
Matabeleland".

The police officer requested to see his drivers' licence but Malinga
allegedly refused with it saying there was no law that forces him to carry
it on his person.

Malinga allegedly threatened to put the police officer in "hot soup" for
interrupting him.

The officer requested him to accompany him to Tredgold Building to see his
superiors if he (Malinga) was offended by his use of the Shona language.

At the Tredgold Court section, Assistant Inspector Tendekayi Murehwa, who is
also a public prosecutor, attended to Somerayi and Malinga.

The state alleges that Malinga continued with foul words and said, "He is a
stupid, idiot police officer who speaks Shona in Matabeleland".

Matebeleland refers to Zimbabwe's southwestern provinces dominated by
Ndebele-speaking ethnic groups while Shona is spoken by the country's
majority ethnic group. - ZimOnline

Zimbabwe's HIV/AIDS program gets 25 million U.S. dollars boost

Time to Change the Rules

http://www.fahamu.org/pambazuka/

Mutsa Murenje

16 July 2009

Legislation that allows the Zimbabwean president to pass new laws without
parliamentary approval in times of crisis is open to abuse, warns Mutsa
Murenje. Highlighting the dangers that the Presidential Powers Act poses to
democracy, Murenje calls on all Zimbabweans to increase their awareness of
the country's legislation so that they can challenge and 'say no to evil
laws'.

I am making a clarion call to all and sundry to radically change our
orientation and approach to national issues. I am calling for increased
interaction with the various pieces of legislation governing our country. I
believe it is only through that kind of interaction that we can be able to
say no to evil laws. This, my humble contribution, focuses on four
provisions of the Presidential Powers (Temporary Measures) Act Chapter 10:20
indicating their impact in relation to democratic practice in Zimbabwe. A
lot shall undoubtedly be depicted in the subsequent paragraphs.

The Presidential Powers (Temporary Measures) Act Chapter 10:20 is an act to
empower the president to make regulations dealing with situations that have
arisen or are likely to arise and that require to be dealt with as a matter
of urgency; and to provide for matters connected therewith or incidental
thereto. That a number of provisions of this act are detrimental to
democratic practice in Zimbabwe is beyond dispute and this requires nothing
but a cogently convincing discussion of this matter and I am overly sanguine
that I will not disappoint my readers with regards this issue.

The abovementioned act empowers the president to make urgent regulations.
When it appears to the president that a situation has arisen - or is likely
to arise - which needs to be dealt with urgently in the interests of
defence, public safety, public order, public morality, public health, the
economic interests of Zimbabwe or the general public interest; and the
situation cannot adequately be dealt with in terms of any other law; and
because of the urgency, it is inexpedient to await the passage through
parliament of an act dealing with the situation, then the president may make
such regulations as he considers will deal with the situation. At face value
this appears to be noble, but since human beings are not angels, there is a
general tendency by the president to want to enact laws that suit his
selfish desire to tighten his grip on power and to thwart any dissent. This
however does not encourage democratic practice in Zimbabwe but it is instead
curtailed and restricted.

The president is also empowered by this act to declare a state of emergency.
This happened during the 'dissident era' in the early and mid-1980s that was
characterised by mass executions of the Ndebele people by the North-Korean
trained Fifth Brigade in what is known today as 'Gukurahundi'. Nobody
apologised and nobody wants to apologise. The thing is that all fundamental
freedoms and human rights may be flagrantly violated when the President
declares a state of emergency. Detention without trial will be rife and
rampant, and the rights to life, personal liberty, and freedom of
expression, association, assembly and movement will be badly hampered and
this is clearly a negative effect on democratic practice in Zimbabwe.

Furthermore, the president may also dissolve parliament in urgent
situations. This dissolution of parliament works against democratic practice
in the country because the president may dissolve the parliament that has
gone against him. Who then can go against an autocratic leader with
excessive powers to dissolve parliament and appoint new members of
parliament? Noteworthy however is the fact that such action by the president
is constitutional but is equally detrimental to democratic practice in our
country. For example, Section 31 (F) of the constitution of Zimbabwe
provides for the vote of no confidence in government. Parliament may pass a
vote of no confidence in the government if a two-thirds majority votes to do
so. In the event of such a development, which is very unlikely given the
circumstances of our country, the president has to either dissolve
parliament or suspend all vice presidents, ministers and deputy ministers
and cabinet or to step down within fourteen days. The likely scenario in
these circumstances is that the octogenarian tyrant will dissolve or
prorogate parliament as is provided for in Section 31 F (2) (a) of the
constitution and this again hinders democratic practice in Zimbabwe.

The Presidential Powers (Temporary Measures) Act also provides for
notification of the public about the intention to declare the state of
public emergency through parliament. More often than not, notification by
the president is minimal at best and non-existent at worst. For example, the
act was used in 2006 during the currency seizures when the new currency was
introduced (tichine mari here yatinoti ndeyedu?/do we still have money that
we call ours?). A number of people found that development inconvenient
because it came with little or no notice at all. In short, the act is prone
to abuse by the incumbent president whose political fortunes have been
waning as long as we can remember.

After having said all this, it can now be concluded that the Presidential
Powers (Temporary Measures) Act has serious negative implications for
democratic practice in Zimbabwe as has surely been depicted in this
presentation. I rest my case and I put it to you.

* Mutsa Murenje is a Zimbabwean human rights defender and an intern with
World Youth Alliance Africa. He writes here in a personal capacity.

* Please send comments to editor@pambazuka.org or comment online at
http://www.pambazuka.org/.

Something Rotten in the State

http://www.fahamu.org/pambazuka/

Mutsa Murenje

16 July 2009

A new, democratic, people-driven and people-centred constitution is key to
addressing Zimbabwe's problems, writes Mutsa Murenje. Examining amendments
to the country's constitution that created the role of executive president,
Murenje argues that these have given Mugabe excessive power and undermined
the country's democratic development.

I wish, first and foremost, to satisfy my greatest debt of gratitude which I
owe to the National Constitutional Assembly for their production of the
simplified Constitution of Zimbabwe whose purpose is no doubt to help the
oppressed and suffering people of Zimbabwe to get to know and understand the
fundamental laws that govern our country and then make informed judgement
about what a constitution should have to say. I was going through the
simplified constitution and have just realised that ours is nothing but a
rotten constitution. I have also remembered one S. Chimbindi who sometime in
2007 wrote from Canada sympathising with me on the need for a new
constitution.

I had written in December 2006 that: 'A new, democratic, people-driven and
people-centred constitution remains key to the Zimbabwe problem'. His/her
argument was that people like Dr Lovemore Madhuku and Dr Reginald Matchaba
Hove have been fighting for a new constitution but without success etc. In
my unpublished response to Chimbindi I said without beating around the bush
that I didn't need sympathy, especially from people whom I thought were
enjoying a sybaritic, opulent and limousine type of life that an average
person in Zimbabwe could not enjoy. I was in my fourth and final year of the
Bachelor of Social Work Honours Degree at the University of Zimbabwe when I
wrote that article.

I was borrowing Democracy and Human Rights from the Department of Political
and Administrative Studies and I happened to be Dr John Mudiwawashe
Makumbe's student under the tutorship of Miss Evelyn Vutuza. But why should
I be talking about this? The thing is that we were given an assignment in
which we had to critically examine any five key provisions of the
Constitution Amendment (No. 7) Act in relation to democratic development in
Zimbabwe and I will shortly share with you my submission on the same. But
why am I saying that ours is a rotten constitution? Go to Chapter IV of our
constitution, which talks about the executive. Are you there? I am sure you
are all there. Look at Part 1, which talks about the president. Below there
is Section 27 with subsections 1 and 2. I am not comfortable with subsection
2. Have you read it my fellow citizens? It is talking about the president
being above all other people in Zimbabwe. Could it be that some people are
more equal than others?

In his essay entitled 'Some comrades are more equal than others', the late
Professor Masipula Sithole attributed the problems of the day to the
forgetful political class. He also made reference to the fact that most
people in our country were having it rough; they were hurting; they felt
cheated over what he termed the 'independence dividend'. Ndiyo nguva
yainetsa Chenjerai 'Hitler' Hunzvi. He even made reference to remarks made
by the then 'perceptive' Prime Minister Robert Mugabe in 1987, who when
observing the restlessness of the masses said that: 'The people feel
betrayed. They are after our blood'. The answer, according to Professor
Sithole, was the Sandura Commission, which probed a motor vehicle scandal
involving senior politicians.

Constitution Amendment No. 7 shows us the extent to which we can rightly say
ours is a rotten constitution. For this reason, I will reproduce my
assignment, the one that I wrote in November 2006 for us to be able to
understand why we really need a new constitution in Zimbabwe. We don't need
the Kariba document for our constitution. I honestly don't think that
Zimbabwe is made up of people who are diffident. Here is my assignment:

The debate surrounding Constitution Amendment (No. 7) Act of 1987 is
problematic and value laden, especially when taking into cognisance its
relation to democratic development in Zimbabwe. Perchance this explains why
its critics have been constantly and consistently pointing out that its key
provisions are anathema and antithetical to a smooth trajectory from
authoritarianism to democracy, as Mahmood Monshipouri (1995) lucidly puts
it. The National Constitutional Assembly (NCA) in its press statement
released on 29 March 2006 attributes the tattered, torn and shabby state of
the constitution of Zimbabwe to Amendment No. 7 and this in itself is a
clear indication that Constitution Amendment No. 7 Act has done no good to
the development of democracy in Zimbabwe. This discussion is dedicated to
the proposition that certain provisions of the Constitution Amendment (No.
7) Act of 1987 have dealt democratic development in Zimbabwe a lethal blow
and this discussion shall examine five such provisions.

One key provision of the Constitution Amendment (No. 7) Act in Zimbabwe is
the creation of the position of executive president. Mair and Sithole (2002)
write that the creation of the position of executive president led to the
combination of the ceremonial role of the old president with the executive
functions of the prime minister. Such a move dealt democracy a lethal blow
in Zimbabwe. This is so largely because it turned Mugabe into an
unquestionable dictator by his virtue of being above all other people in
Zimbabwe. Being above all other people means that one can also be above the
law and this hinders the development of democracy in the country. Who in his
right mind then can deny the fact that the creation of the position of
executive president gave Mugabe excessive powers which, to use Ncube's
(1993) turned him into a 'myopic little village tyrant', interested only in
his own good and wielding power for the sake of satisfying his ego. This
makes sense especially when considering the fact that no other person has
ruled Zimbabwe since 1980 when Zimbabwe gained its independence from Great
Britain.

Another key provision of the Constitution Amendment (No. 7) Act is that in
addition to appointing members of parliament and the cabinet, the executive
president was also given the power to appoint the governors of Zimbabwe's
then eight provinces and these governors automatically became
non-constituency members of parliament. The main problem with this provision
is that opposition political parties are not entitled to also appointing
non-constituency members of parliament. In other words, the president and
the ruling party have an unfair numerical advantage of those who represent
them in the house of assembly yet opposition parties are denied the same
advantage. This has a tendency of creating a clientilistic pattern of rule
whereby appointees become accountable to the appointer and not to the
populace. This discourages the development of democracy in that appointees
work to please the president at the expense of the citizen. Criticizing the
president therefore will be tantamount to treason and in light of this
illumination; it can be argued that Constitution Amendment (No. 7) Act is
anathema to democratic development in Zimbabwe.

Noteworthy also and germane to this discussion is the fact that Constitution
Amendment (No. 7) Act empowers the president to veto any bill presented by
members of parliament as it pleases him. Such power works against the
development of democracy in Zimbabwe. The president can accept a bill that
has serious negative implications for citizens just because of selfishness.
This is true when looking at the draconian laws that were pushed through in
parliament. The Public Order and Security Bill is one such bill that was
signed into law yet it severely curtails the citizen's right to assembly,
association, expression, movement, to make but a quick, short list which
could be extended many times over. The Access to Information and Protection
of Privacy Bill also signed into law is also believed to be anathema to
freedom of expression and media freedom. Surprisingly, the two bills are
unjustified in a democratic society but because Mugabe wanted to maintain
his grip on power, he signed them into law. This also means that any
proposals that threaten Mugabe's power will be pushed aside and this is not
good for democratic development in Zimbabwe.

Constitution Amendment (No. 7) also provides for the prerogative of mercy.
The incumbent president has excessive powers from this amendment to ensure
that convicted members of his party do not serve prison sentences. This
encourages contempt and disregard for the rule of law especially by members
of the ruling party. Several ZANU PF supporters, the police, soldiers, war
veterans and youth militia responsible for political violence in the
elections of 1990, 2000 and 2002 were all pardoned. Corrupt government
officials such as those involved in the 'Willowgate scandal' were also
pardoned. The question we should grapple with is: Will such acts of mercy be
extended to members of the opposition? The answer is no. If the answer is no
then prospects for democratic development in Zimbabwe remain uncertain at
best and gloomy at worst.

Finally, Constitution Amendment (No. 7) Act provides for presidential
immunity. This means that as long as he remains in office of the president,
he (Mugabe) shall not be charged with a criminal offence nor shall he be
sued in any court of law. This places the president above the law and this
contradicts Article 7 of the Universal Declaration of Human Rights which
says that: 'All are equal before the law and are entitled without any
discrimination to equal protection of the law'. This threatens democracy and
its development in Zimbabwe. When some people are more equal than others it
becomes difficult for any country to enjoy social equality, parity,
fairness, equal opportunity, impartiality and egalitarianism and because of
this it can be established beyond any reasonable doubt that key provisions
of the Constitution Amendment (No. 7) Act are antithetical and incompatible
with democratic development in Zimbabwe.

On the whole, it can be concluded that the aforesaid provisions are the five
key provisions of the Constitution Amendment (No. 7) Act which have dealt a
smooth trajectory from authoritarianism to democracy a lethal blow as has
undoubtedly been depicted in this discussion. I put it to you and I rest my
case.

* Mutsa Murenje is a Zimbabwean human rights defender and an intern with
World Youth Alliance Africa. He writes here in a personal capacity.

* Please send comments to editor@pambazuka.org or comment online at
http://www.pambazuka.org/.

BIBLIOGRAPHY

Mair, S & Sithole, M (2002) Blocked Democracies in Africa. Case Study
Zimbabwe. Konrad-Adenauer-Stiftung

Monshipouri, M (1995) Democratisation, Liberalisation and Human Rights in
the Third World. Lynne Reinner Publications Inc

NCA (1999) Constitution of Zimbabwe. Simplified Version.

NCA Press Statement On the Proposed Establishment Of A Human Rights
Commission. 29 March 2006

Ncube, W (1993) 'Constitutionalism and Human Rights: Challenges of
Democracy' in Nherere, P & D'engelbronner-Kolff, M (eds) The
Institutionalisation of Human Rights in Southern Africa. Nordic Human Rights
Publications