The Farai Maguwu story so far: Lawyer’s Diary

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NEWS, STATEMENTS — BY ADMIN ON JUNE 24, 2010 AT 6:10 AM 

Tinoziva Bere

The lawyer representing detained diamond abuses researcher Farai Maguwu has been documenting his client’s legal fight from the first day he was arrested. Maguwu is the Director of the Centre for Research and Development (CRD). Below is a collection of all the updates from Mutare based lawyer Tinoziva Bere.

Friday 04 June 2010

I wish we had good news to report but this update is of what many of you must be expecting. There are no new developments in the case. No statement was recorded from him. The police had said they were waiting for some information before recording a statement and taking Farai to court but persistent inquiries today proved that the explanation was possibly not true.

The holdup is in Harare and by whoever in Harare ordered Farai’s arrest. Farai spends another night in jail and all day was spent in either visiting CID offices or the cells to see client. The many phone calls we did yielded nothing.

CID officers in Mutare were unable to help us or shed light on what has caused the delay or who in fact we are waiting for. We believe from evidence of what transpired in the arrest of Farai’s relatives that nobody in Manicaland has authority to handle the case till some police officer in Harare, one Makedenge and another have given authority. We also believe it is the two that we are waiting for.

We are also satisfied that despite Farai handing himself in person and voluntarily, the refusal to give him police bail or release him to our custody is because of higher orders. It is sad that in a civilized society a suspect is detained indefinitely and no effort is made to bring him expeditiously to court. The most likely date of court appearance is Tuesday which will mean that after 9am tomorrow Farai’s detention will have exceeded 48 hours and hence be illegal.

We met and briefed Farai today and he is in good health and in good spirits. He thanks all for the support. We have made arrangements for his feeding at meal times when we cannot do it ourselves. His family is afraid to come and do this chore and so it’s now a lawyer’s task…such is ZIMBABWE.

The allegations have not changed but we would not be surprised if fresh or different charges are actually preferred.

Regards

Tino Bere & Johane Zviuya

Day 3: Saturday 05/06/2010

Today is day three of Farai Maguwu’s incarceration. If your get this update twice please advise us so that I correct my mailing list. I wish I had some good news or some progress to report. Sadly I do not have any good news.

The Case

There is no progress. After all day at the Police Station, from 9.30am till 5.45pm we are where we were yesterday. No statement was recorded and there is no evidence of investigation at all or readiness to take him to court. There is no knowledge among even the most senior local CID officers as to when the statements will be recorded and Farai taken to court.

At 9.00am today Farai exceeded legally set maximum of 48 hours of imprisonment without being brought before the court. We are certain that some hastily prepared Warrant for Further Detention has been signed to justify his continued detention. We confronted the Officer in Charge and the Officer Commanding the Province Law and Order Section.

Neither could answer the simple question of why in two days a statement could not be recorded. We are satisfied that the arrest was ordered from Harare and that it is malicious and that the delay in recording statements is intended to keep Farai in jail for as long as possible. We will review the position on Monday and seek court relief if necessary.

Farai’s Health

I do not wish you colleagues to panic but I am obliged to share some concern that I and my Partner and co-counsel Johane Zviuya have over Farai’s health.  

On visiting Farai Maguwu this morning we discovered that he was shivering and feverish. When we asked him, he explained that the one blanket that he and several others had over them last night was taken from them and he spent the night without a blanket and in the morning he started feeling feverish and shivering uncontrollably. He also developed a sore throat. We also observed that his breathing was unusual.

We brought this to the attention of the captors and requested that Farai be seen by one of his doctors immediately. We offered to have either of his two personal doctors come and examine him at the police station but the police refused stating that it has to be a government medical officer.

We then demanded that they take him to the government medical officer and were told that there was no vehicle at that time and one would be arranged. After waiting for nearly two hours Farai was still in the cells and not receiving attention. We called his other personal doctor who is a government medical officer. He personally came and offered to help but again the police declined.

The police insisted that the legal process is that the police themselves take Farai to the General Hospital. We pleaded with them to make this happen speedily and received a mere promise. We offered our own transport and this was declined. We then wrote a formal demand for treatment for Farai and served it at CID officers. At 1:00pm the CID officer on duty changed his stance from waiting for transport to waiting for superiors. During lunch this officer left, never answering his phone thereafter. We maintained a Virgil at the Police Station and none of the responsible officers ever showed up and Farai was not taken to any doctor or to any hospital.

Farai is spending the night in the same cold Police cell that has caused him illness under guard of people who care little for his health or welfare, (at least judging by the cruelty of refusing him medical attention). All day there were vehicles parked at Police Station and many others that drove in and out but none could be availed to take a sick prisoner to hospital. Our demand that Farai be provided with warm blankets so that the fever does not get out of control and that if the conditions in jail are not conducive to his healing speedily, that he admitted to hospital promptly, was ignored.

On the positive side Farai is very strong and positive about his situation. We gave him some throat lozenges and pain killers to make the suffering bearable. This may be a mere cold/flu or something minor, we could not tell, only a medical examination could have determined with certainty.

Tomorrow we resume the battle and have placed an Advocate on notice to do an urgent High Court application should the cruelty persist and his condition not improve.

Regards

Tino Bere & Johane Zviuya

Update 4-Farai Maguwu:  Sunday 06/06/2010

We write this urgent update to advise that Farai slept better but is still ill. They have still not taken him to hospital or allowed a doctor to see him.

An attempt was made to secretly take him out of cells for interrogation by Dowa and his team from Harare and we stormed into the office and demanded they respect his rights. Despite our protests we were barred from the meeting and they interrogated him for over an hour. This is in violation of the Constitution of Zimbabwe. It seems clear that the arrest was for purposes of investigation again in violation of the Constitution of Zimbabwe.

We were then allowed access to him alone. He is fine and he was not tortured or harassed. They have now decided to take him for investigations to Harare but they may bring him back to Mutare for the court appearance, they won’t commit. They have agreed that we escort him which we are doing shortly. We will likely spend the night in Harare and possibly arrange legal support in Harare unless they bring him back. They are refusing to say when he will go to court or when they will record statements.

We are pushing for medical examination before departure. We may have no access to internet for a while so those keen to keep up with these fast developments have to try our cell numbers at the end of the previous briefs.

 Regards

Tino Bere & Johane Zviuya

Final Update 4-Farai Maguwu: Sunday 06/06/2010

Colleagues

When we sent you the last update we were really pressed for time and left Mutare in a hurry and were in Harare in 2 hours chasing the Police in order to escort Farai. The two of us, Johane Zviuya and I hurriedly packed our bags to drive to HARARE to ensure that Farai was taken to a safe place and to arrange legal support should the case become Harare based.

Unknown to us they turned into Mutare General Hospital and kept an earlier promise to have him examined. Farai was examined but not by a doctor and the outpatient section of the hospital staff diagnosis is that he has tonsillitis. They prescribed medication which we bought for him and he has started to take that and he says he feels better.

Back to the chase. We raced to Harare Central and waited for the Police who arrived safely with Farai about 1 and half hours later. Farai was well and unharmed and he confirmed that he had received a medical examination and an instant Malaria lab test which was said to be negative. He then gave us his hospital card which had a prescription for a pain killer, an antihistamine and an antibiotic which we bought. He took his first doze but we have kept the medication and will be administering it ourselves at every visit per agreement with the Police.

We also asked that he be detained at a less crowded and less run down police cell at Rhodesville where he joins Marondera MP, Ian Kay detained for trying to help the poor access medical treatment! We have left him safely lodged there and we hope they keep their promise to give him blankets so that his fever does not aggravate.  

The Police have promised to meet with us for statement recording at 8am tomorrow the 7th June 2010 and to take Farai to court for initial remand and bail application at 2pm of the same day. We will be watching to ensure they keep their promise.

After the early morning confrontation between us and the Investigating Officer there has been no further confrontation. We have no complaints about the rest of the day. We hope that the case does go to court tomorrow and that the court will grant bail since Farai handed himself to the Police voluntarily. We also hope that the Prosecutor will not oppose bail or if he does, that he will not use the often maliciously used section121 of the Zimbabwe Criminal Procedure and Evidence Act, to prevent release of persons granted bail.

We have enlisted onto our team Mr. Trust Maanda of Maunga, Maanda & Associates. We are grateful for the support we received from Mr. Maanda. Mr. Maunga and Mr. Bamu who joined us at the Police Station from start to finish and Mr. Dzimbabwe Chimbga who came for a while.  

Farai will need a proper medical examination, that is, an examination by a doctor who is able to run further tests to ascertain his ailment in view of his condition. For now we are focusing on his release and if that fails then an order for him to be seen by a doctor and for the jailers to give him adequate blankets in order that he stays warm.  

We have another long day tomorrow and must rest now. Good night and please do keep Farai in your prayers.

Regards

Tino Bere & Johane Zviuya

Day 6 Update-Farai Maguwu finally appears In Court

Colleagues

The good news is that Farai finally appeared in Court at Harare Rotten Row Court on 8th June 2010. The bad news is that he is still in jail. Farai appeared before Magistrate Mr. Ndirovei at 11am. He was represented by me, Johane Zviuya and Trust Maanda. We provided the court with detailed written submissions covering the complaints. The state was ordered to investigate the complaints.

Farai was charged in terms of Section 31 of The Criminal Code alleging publication of falsehood against the state with the intention or well knowing that it is likely to cause prejudice to the security or economic interests of the country. The charge is different from the one used at arrest, it is slightly different from the one used on 7th June 2010 in respect of names of alleged recipients. The Defence strongly objected to the placing of Farai on remand on the grounds that the facts themselves as stated did not constitute an offence and the section used was not only unconstitutional but it was already the subject to a similar challenge. The State counsel then argued that she was not ready and sought postponement to 2.15pm 9th June 2010 and the Magistrate despite strong objections ruled in her favour but fixed the time of 8.30am the 9th June 2010.

Farai is sadly still in jail but at Remand Prison. CSU has taken over arrangements for feeding which we have been doing. We are relieved that we may have saved Farai from torture that is brother suffered. We are hopeful that the case will be finished tomorrow though the ruling may be on Thursday.  

If our objections are upheld by the court then Farai will be freed. If not then we will apply for bail which will be opposed on the grounds which include “n allegation that Farai earns his living from demonizing the country and so if he is granted bail he will continue to demonize Zimbabwe. The logic was that be kept in jail to prevent him further demonizing Zimbabwe. Interestingly there is no offence of demonizing in Zimbabwe. The statements are however very revealing of what the intentions are. What the police seem to think that criticizing and publishing one’s views that are critical if the government is a crime.

Farai is in good spirits and is relieved to have his day in court and to be free of police custody. Farai is still unwell and needs medical attention. That will be one of our applications should he be kept in prison. I hope this update is helpful. I am sorry it is coming this late had some reading to do and a commitment that ended nearly midnight.

Please Note: If you need us to remove you from this mailing list please advise. If you need txt updates then please text to me.

Regards

Tino Bere & Farai’ Defence Team

Day 7 Update-Farai Maguwu still in Jail-Ruling Reserved

Colleagues

Today is Wednesday 9th June 2010. It is the 7th day since Farai handed himself to police at Mutare and was arrested and detained. Farai is sadly still in jail.

Yesterday, 8th June 2010, the Attorney General sought to place Farai on remand and we objected on the grounds that there is no reasonable suspicion that he committed any crime and that the section under which he is charged is a violation of Constitutional rights and in any event it is one whose validity is already pending before the Supreme Court. The Attorney General’s representative persisted and sought time to prepare her response.

Today

The Attorney General’s representative responded and also called the investigating officer, Detective Inspector Dowa, to give evidence. In his testimony the contradictions in the state papers became so apparent and so loud that he lost his temper during cross-examination and had to be warned y the court not to point a threatening finger at Trust Maanda who was thoroughly cross-examining him.

It also emerged that the Investigating Officer, one Detective Inspector Dowa called criticism of Zimbabwe, “demonizing” and appears to think that to be a crime. He also alleged that FARAI earns a living from “demonizing” ZIMBABWE and should be kept in jail to prevent him further “demonizing” the country.

Under cross-examination he admitted to the court that he only obtained a Warrant of Further Detention on Monday 7 June 2010 well after the 48 hour detention period which expired on Saturday 5 June 2010 in the morning. His explanation was that according to his calculation the 48 hours had not expired and he had in any event informed his superiors orally. Dowa also confirmed earlier fears that this case is about KMP certification.

Rot In Jail Threat

In a heated exchange over repeated objections by the defence which were upheld by the court the Prosecutor at one time sought that the matter be adjourned for 5 minutes. The adjournment became much longer after The Prosecutor angrily declared during the adjournment that not only would she not return to the courtroom that day but the Accused (Farai) would rot in jail. We hope it was said in the heat of the moment and not something the Prosecutor would pursue as she seems to have no personal interest in the matter. She seemed more overwhelmed than malicious.

Ruling 10th June @11.15 am

We hope that in spite of the pressures from the Police, the Prosecutor will have the discretion should the matter proceed to remand. Arguments were concluded in the afternoon and the magistrate, Mr. Ndirowei postponed the matter for ruling at 11.15 am tomorrow the 10th June 2010. If our opposition succeeds then Farai will be free though in the past freed people have either been kept in jail by police defiance of court orders or have been rearrested soon after they were freed. For now it is in the hands of the court.

These proceedings have been heavily contested and vigorously argued to ensure Farai receives justice at the outset but as I said, it is now in the court’s hands. If we have to, we are ready to argue bail. There is also a risk that after any bail is granted, the prosecution may invoke the notorious section 121 and have Farai languish in jail for at least 7 days within which the Attorney General may or may not appeal.  These are the risks and with the malice we have seen, if the case proceeds to bail hearing, the police would put pressure upon the prosecution to appeal and invoke section 121 in order to keep Farai in jail.

We hope this is informative. 9th June 2010.

Regards

DEFENSE TEAM

TINOZIVA BERE-, JOHANE ZVIUYA & TRUST MAANDA

DAY 8 update-FARAI MAGUWU-placed on REMAND, BAIL DENIED: Thu 10/06/2010

Colleagues

Today was a disappointing but not surprising day.

Remand

The defense objection to Farai being placed on remand was thrown out despite the obvious difficulties which both the state evidence and its witness had. The court ruled that the weaknesses of the state case were a matter for trial. Even the questions of the constitutionality of section under which he is charged did not deter the court.

Bail Declined

We immediately applied for bail which and the AG representative predictably opposed. Ruling was reserved to 3.00 pm and when we resumed the court declined to place Farai on bail. The reasons were simple; that the case is serious and that the police are still investigating and there is a risk that Farai would interfere with witnesses. We are filing appeal tomorrow and also separately seeking urgent review of the decision to place Farai on remand.

Medical Examination and Treatment

On our application the Court ordered that FARAI be examined by a medical doctor and that he be granted access to his medication at prescribed times. Farai had had his medication discontinued through either Prisons inefficiency or someone’s malice.

Prophetic Threat

We had a feeling this was coming considering the kinds of pressure that are applied on judicial officers and the aggressiveness of the rulers of this country over CHIADZWA issues. We also were not surprised because of the drama that occurred in court 9th June 2010, before, during and after the adjournment.

As I shared with you, the Magistrate sustained 3 objections by the defence when the Prosecutor (Phyllis Zvenyika)was trying to solicit new evidence from the witness instead of confining him to his sworn statement. After the Magistrate ruled on the third objection, the Prosecutor started badgering the magistrate and was showing emotion and frustration. She abruptly demanded an adjournment. We asked why and she said for personal reasons.

We asked for how long and she said briefly and the court ruled 5 minutes. Immediately the court adjourned she confronted the defense over their sustained objections. We reminded her that if we were wrong the court would not have ruled in our favour. She then declared angrily that she was dominus litis and even for going to the toilet she could adjourn proceedings. She went on to shout that she was not returning to court and that “your client (FARAI) will rot in jail!!”. At the time it seemed like something said in frustration and the heat of the moment.

Court only resumed after over an hour of sending for the Magistrate and the Prosecutor during which the Magistrate came back to the court twice to find no prosecutor. This time the court made a u-turn and allowed all the questions it had over-ruled before the sudden adjournment. Even hearsay was admitted and the police officer testified for all the imaginary witnesses he said existed.

He even had the freedom to refuse to answer questions put to him, answer his own questions and continue making submissions like the state counsel when asked to just answer questions. To crown it all he even had the temerity to point threatening fingers at defense counsel when confronted with difficult questions.

Despite being made to apologize, his demeanor did not improve and the proceedings became anything is acceptable. We endured it maturely and focused on the job of shredding the weak case. We should not have taken the outbursts for granted.

Invoking of section 121 of CP&E

To be fair to the court, even if it had granted bail, Farai would still be in jail and having to wait for 7 days while the AG decides. We asked and were informed that the instruction had been made on Police request to invoke section 121 in the event the Magistrate stood his ground and granted bail. (Section 121 of the Criminal Procedure and Evidence Act is an often abused provision which suspends the order of court granting bail gives the power to the Attorney General on the mere announcement that he intends to appeal. He can then wait (as he usually does) to appeal on the last of the 7 days or to then simply not appeal).

Farai

Farai is fine. His health is improving. We are just concerned that he has had his antibiotics course interrupted. Farai also understood that the larger purpose of his imprisonment is not achieved yet and they were unlikely to let him go free. Indeed we feared that before release even if we had succeeded on any of the applications, he would have been served with fresh charges and arrested.

The police have achieved their purpose of stopping FARAI and CRD from speaking on behalf of the many victims of CHIADZWA but through the court. He thanks all for you for the support and is ready for the next phase of the battle for his freedom.

Future Updates

I must end by apologizing to those who had asked that I remove them from the mailing list but who I have not had a chance to. I will build a fresh mailing list after this update and will attend to the request for addition and the requests for removal.

Thank you

Tino Bere &Team

DAY 9 & 10 UPDATEs & FARAI MAGUWU ILLEGALLY TAKEN FROM REMAND PRISON Friday Night!  Sat 12/06/2010

Colleagues

FRIDAY

I am sure you forgive our silence. Yesterday Johane Zviuya and myself (Tinoziva Bere) returned to Mutare and left Trust to process the High Court Bail Appeal and the review application. We had been on this case daily since 3 June 2010 and in Harare since Sunday morning.

We completed our Bail Appeal papers but could not file because the record of proceedings was not available for us to double check some of our grounds. The courts were not fully operational because of the start of the World Cup. Trust gave up around 4.00 p.m. any hope of getting the court record. We will file on Monday first thing.

SATURDAY-FARAI ILLEGALLY SNATCHED FROM REMAND PRISON LAST NIGHT!

We have just received bad news from friends and relatives of Farai who we asked to keep an eye on the ground that Farai was taken illegally or without our knowledge or consent and without his consent from Harare Remand Prison to Mbare’s notorious MATAPI POLICE cells.

We deployed our Harare based team member, Trust MAANDA to investigate and he rushed to Harare Remand Prison demanding to see FARAI and if he has been taken then the identity of the person or persons who took him and where they took him and what authority they had. Sadly, Yes, it’s true, FARAI was taken last night by CID Law and Order, where the investigating Officer (Detective Inspector Dowa) is based.

The team operates under the notorious MAKEDENGE, now a Chief Superintendent. Trust Maanda is now headed to Harare Central Police Station, to Law and Order to demand the immediate return of Farai to Remand Prison and access to him to assess his condition. Beatrice Mtetwa has kindly agreed to assist and is also headed to Harare Central Police station and will meet Trust there. The plan is to seek an urgent High Court order for FARAI to be produced if he is not produced on demand now.

We have reason to fear this is for purposes of interrogation and or torture considering the complaints by FARAI’s brother of torture by some in the same team of investigators. We prevented FARAI’s possible torture or harassment last week by being present at almost all normal times and at the police station. We stopped the costly surveillance and visits because normally once remanded the Police no longer have control or access to the ACCUSED.

But Zimbabwe is not normal and so anything is possible. We noted the exasperation of the POLICE with our constant high powered presence at the side of FARAI and are not surprised, just infuriated) that they have acted as they did.

If FARAI has indeed been taken from PRISON to MBARE or any other place and should FARAI suffer any harm to his rights or person, the LESSON for the court who could have and should have liberated FARAI is that the courts that do not act to protect the innocent and desperate victims of this repressive systems do bear the blame for the wounds and or blood of victims. These authorities are determined.

CHIKANE

Chikane may not be responsible for the actions of the ZIMBABWE authorities but he bears full responsibility for exposing and reporting FARAI whom he (CHIKANE) knows and or must have known is an innocent human rights advocate. It was wrong, unprofessional and irresponsible for an INTERNATIONAL process monitor to report FARAI or anyone to any authority.

It was especially irresponsible for him to have personally attacked and denigrated FARAI in the media on issues brought to him and which he had NOT and has NEVER investigated per his duty. When one reads the part of his report about MAGUWU one is left with a distinct disgust of a kind a human rights defender feels when listening to the POLICE law and order persecutors of FARAI or to the hate talk of politicians that rule this country.

I hope this Abbey Chikane can sleep in peace every night knowing that an innocent human rights defender is daily being persecuted at the instance of and or the complaint of one he took into his confidence. I also hope that the KP community realizes what is happening and how brutality has been unleashed upon an innocent advocate for transparent inquiry into allegations of bloodletting and human suffering in CHIADZWA.

As I have said before, whether true or false… the mouth that brought alarm is being silenced before any transparent or thorough inquiry into the allegations. Chikane made the allegations and the authorities have given FARAI no peace ever since. In the meantime Chikane continues a relentless personal and unfounded media attack on an innocent defenseless incarcerated human rights defender. The authorities bolstered by Chikane’s public support have put maximum resources to imprison and silence FARAI and announced NOT a single independent or judicial inquiry into these serious allegations. If any sort of weight is placed on what Chikane is advocating then it will be a shame to all concerned including the Kimberly Process community. I hope Chikane can look at himself in the mirror and feel proud…I hope when time to sleep comes he has peaceful nights, otherwise how else could he live with himself!

We will send you an update as events unfold and pray that he is safe. Please do keep FARAI in your prayers. He needs them most now.

Regards

Tino Bere & Team

LATEST on FARAI MAGUWU as at 11.10am: Sat 12/06/2010 10:32

Colleagues

This is the latest on Farai Maguwu search.

Trust Maanda accompanied by Beatrice Mtetwa, after futile search at Harare Central, inquiry from Dowa and visit to Rhodesville Police Station are now at Matapi Police Station. Police admit they have FARAI MAGUWU in custody at MATAPI POLCE CELLS but access has been denied and as yet FARAI’s condition is unknown.

We remain hopeful that he was not harmed in terms of his rights or his person. Farai was supposed to be medically examined by a medical practitioner in terms of the court order. Farai was also supposed to be given his medication.

Instead he has been illegally removed from Remand custody and apparently taken to spend the night in arguably the country’s worst holding cells which were condemned by the Supreme Court many years ago as not fit for incarceration of humans. n fact the court ruled that to imprison a person at Matapi Police Station was a violation of the Constitutional right to be protected from inhuman and degrading treatment . Inference to infer the malicious motive or recklessness in order to aggravate Farai’s health cannot be resisted. These people know no bounds, none at all.

Kindly note that the significance of yesterday is that this is the day that Detective Inspector Dowa had told the court that he would travel to South Africa to meet with Chikane and to collect certain documents to incriminate Farai Maguwu. We know what the KP Monitor has said publicly about Farai but we do not know what kind words he may have had in private meetings with Dowa. We doubt that it is anything that will see Farai free soon.

Regards

Tino Bere

ILLEGAL REMOVAL OF FARAI MAGUWU FROM REMAND PRISON BY POLICE LAW & ORDER:  Sat 12/06/2010 12:16

Haru

Below is a summary from start to now.

Farai has been found at one of the country’s worst police cells, Matapi Police Cells. He seems unharmed and is being taken to Harare Central Police Station maybe for interrogation. Below I set out in summary the team and the events for those who may be hearing this for the first time.

Team of Lawyers

My name is Tinoziva Bere. I am Farai Maguwu’s lawyer. I am a lawyer based at Mutare with the firm Bere Brothers. I am also Vice President of Law Society and a member of Zimbabwe Lawyers for Human Rights. I work on this case with Trust Maanda, a human rights lawyer (current holder of Human Rights Lawyer of the Year) based in Harare with office in Mutare and with Johane Zviuya my partner at Bere Brothers and Chairman of Manicaland Lawyers Association. This morning we sought the help of Beatrice Mtetwa (a decorated selfless human rights lawyer who needs no introduction, latest award being The 2010 ABA International Rule of law Award) to help with the search for Farai’s whereabouts and seek court intervention to stop this persecution. This is because I returned to Mutare yesterday satisfied that we had guarded Farai and saved him from physical harm or torture only to be shocked that he is not safe even at Remand Prison. He is not safe even after he has been to court.

Background and Arrest

On 3rd June 2010 I accompanied my client Farai Maguwu to Mutare CID offices because he had heard they were looking for him. On arrival he was arrested and detained. The basis for his arrest was that he was alleged to have made or published falsehoods to one Abbey Chikane the Kimberly Process Monitor. Indeed media reports a day after the arrest quoted bitter and hate filled accusation from Chikane against Farai Maguwu. The intemperate, arrogant and intolerant tone of Chikane’s accusations (made as they were without him having done any investigations) made him sound a lot like a spokesperson for the alleged human rights violators or the propaganda master of the authorities.

Court Battles

From Saturday morning till Farai appeared in Court on Tuesday 8th June 2010 he was illegally detained. He appeared in court on 7th June 2010 and we objected to remand on the basis that the state allegations were contradictory and inadequate and also that the section he was charged under was unconstitutional in that it seeks to curtail freedom of speech. The court threw out our application after 2 days of argument and also rejected our bail application. Farai was then placed on remand to 23rd June 2010, the day that the Kimberly Process meeting in Israel will end. We knew then that this was a truly political arrest, detention and persecution.

Health Abuse

On one of the cold nights in Mutare,4th June 2010 the police snatched the one blanket covering Farai. He spent the cold night on a cold cement floor and in the morning he had developed fever, throat infection and chest infection. For 2 days he was denied medical attention of medical treatment. Even the throat lozenges and pain killers that we brought him were thrown away after just one doze. By next visit he had nothing. The only medical examination he received was on Sunday in the afternoon from a nurse. Efforts to have him medically examined by his doctor were rejected. On the last day he was in Court, the 10th June we had to seek a court order that he be allowed to resume his medication which he had not had for 2 days because someone at prisons took the medication and put it away permanently. We also had to seek a court order for Farai to be medically examined by a doctor.

Current

Despite those 2 court orders being granted last night after the time for visits, Farai was secretly removed from remand. We believe this was done illegally in that the Police had neither the consent of Farai, of us his lawyers or the court that remanded him to Harare prisons. The police cannot arrest a person, charge him and oppose bail only to arrest them again from Remand Prison.

Latest

This is the latest on Farai Maguwu search. Trust Maanda accompanied by Beatrice Mtetwa, after futile search at Harare Central, inquiry from Dowa and visit to Rhodesville Police Station are now at Matapi Police Station. Police admit they have FARAI MAGUWU in custody at MATAPI POLCE CELLS but access was denied and FARAI’s condition was unknown from just after 11am till 1pm. He has now been moved to CID Law and Order for interrogation. Trust Maanda and Beatrice Mtetwa are now following. We remain hopeful that he was not harmed in terms of his rights or his person. Farai was supposed to be medically examined by a medical practitioner in terms of the court order.

Concern

Farai was also supposed to be given his medication. Instead he has been illegally removed from Remand custody and apparently taken to spend the night in arguably the country’s worst holding cells which were condemned by the Supreme Court many years ago as not fit for incarceration of humans. n fact the court ruled that to imprison a person at Matapi Police Station was a violation of the Constitutional right to be protected from inhuman and degrading treatment . Inference to infer the malicious motive or recklessness in order to aggravate Farai’s health cannot be resisted. These people know no bounds, none at all.

The KPM factor

Kindly note that the significance of yesterday is that this is the day that Detective Inspector Dowa had told the court that he would travel to South Africa to meet with Chikane and to collect certain documents to incriminate Farai Maguwu. We know what the KP Monitor has said publicly about Farai but we do not know what kind words he may have had in private meetings with Dowa. We doubt that it is anything that will see Farai free soon.

Regards

Tino Bere

Farai Maguwu interrogated over Interview with KP Monitor CHIKANE-Lawyers barred!  Sat 12/06/2010 14:51

Colleagues

This seems to have no end but we too are determined to see its end one way or the other. The vigil at Harare Central Police station by Farai Maguwu’s defence team continues. I have been confined to reviewing updates and preparing information for friends and family.

I hope this update finds you well. Following the secret arrest and secret detention of Farai Maguwu and denying lawyers access all morning, police have just now around 3.30pm the police CID officers led by Detective Inspector Dowa are now interrogation Farai Maguwu on specific allegations of what he allegedly said or gave to CHIKANE! Farai has denied that he ever gave any false testimony or false documents to CHIKANE and maintains his innocence.

He believes his persecution is a cover up of deeper wrongs done in CHIADZWA and that CHIKANE acted wrongfully and unprofessionally by agreeing to consort and collude with ZIMBABWE authorities to tarnish the image of the sole voice of the people over CHIADZWA, the Centre for Research and Development. If there ever a doubt of the KP Monitor’s role in Farai’s arrest then today is proof. Dowa told our team that he is still going to South Africa to meet CHIKANE after they are done interrogating Farai Maguwu.

Farai’s defense team members on the ground have been barred from the interrogation despite their protest and in spite of what the law says, in spite of international law and the Africa Union protection of the rights of legal practitioners.

Having listened a short while ago to an interview done with Obert Mpofu, I have a better understanding of the gravity of this persecution. The authorities are not planning any investigation of alleged abuses of human rights or killings in Chiadzwa, They are waving the sovereignty handkerchief and waving away any criticism and persecuting any critics in the process. Their media, their forces and their judicial processes are all energized to “bury” and “silence” both Centre for Research and Development and its Director, Farai Maguwu.

This one will be a long battle for Farai and all who desire what is right and just for the people of Chiadzwa and the people of Zimbabwe.

Regards

Tino Bere

DAY 11 UPDATE-FARAI still in POLICE HANDS: Sun 13/06/2010 15:57

Colleagues

I decided late yesterday to give you a break and watch some more.

Farai was interrogated on his own (with his lawyers barred) for the rest of the afternoon. At the end of the day the police still said they would not return him to Prisons because they had more investigations to do and they want to lay fresh charges. The Prisons authorities claim that Farai was booked out for 48 hours by the police and they expect him to be returned Monday.

Today one of the defence team members, Beatrice Mtetwa tried to see Farai in the mid morning and the police at Harare Central refused claiming that Farai can only be seen on the express authority of and in the presence of Law and Order officers who were all not available. Attempts to feed Farai by the family also failed.

As I write this update efforts are underway to try and get at least one meal to Farai. If this fails then he is stuck with the jail food which is poor even for people that are not battling illness. The punishment through incarceration before finding of guilt continues as does the frustration of Farai’s work through this persecution.

Tomorrow we weigh our options but will definitely file an appeal against the denial of bail.

Regards

Tino Bere

DAY 12-MORNING UPDATE-FARAI MAGUWU PERSECUTION:  Mon 14/06/2010 10:24

Colleagues

I send this update as the first for today so that when events have unfolded I can give you an end of day summary.

Farai was finally given some food after a struggle and the person who saw him only saw him from a distance but he says he looked fine. At Harare Central Police Station in the police cells where he is being held visitors have been barred and lawyers are not allowed access since yesterday. This morning the family abandoned attempts to feed him after repeated refusal by the police.

Our plan

Our team, especially Trust Maanda who is on the ground is focusing on obtaining a copy of the record of proceedings, requesting urgent transcription of the record of proceedings, filing Bail appeal to the High Court, filing an Application for Review of Remand Proceedings and finally possibly an application to compel compliance with orders on examination by a doctor and access to treatment as well as one to stop arrests and extraction from Prison and the barring of legal representation and presence during interrogation. It’s a lot to do in one day so it’s our plan for this week and we shall inform as each is done.

Chikane Connection/Allegations/Claims

Farai’s original arrest was blamed by the Police charges that he allegedly published falsehoods to Abbey Chikane. That is what Farai’s detention record showed on 3rd June 2010. The charges on the warned and cautioned statement then departed and named publication of false reports to 2 other persons. Then in Court the charges were to the 2 others and one new person. During Dowa’s testimony he then revealed that Farai had allegedly published falsehood to CHIKANE and that the police were going to meet CHIKANE on Friday to collect the allegedly false documents.

After the drama of the illegal removal from remand and incarceration at the worst police holding cells in the country it emerged and the police confirmed that they were now investigating the allegations arising from CHIKANE’s complaints against Farai Maguwu. Dowa reiterated to the defence team that he was still going to meet with CHIKANE and to collect documents once he is done with the interrogation. They also claimed they will lay fresh charges over the CHIKANE business.

Farai is satisfied that his suffering is the result of what CHIKANE said and gave to the authorities after FARAI’s testimony in confidence to ABBEY CHIKANE, the Kimberly Process Monitor. A reading of the Chikane report on the part that deals with Farai Maguwu shows such intolerance and anger at FARAI that is consistent with that of the Zimbabwean authorities. It is hard to imagine that CHIKANE wrote that part himself.

FARAI maintains that ABBEY CHIKANE had the following obligations among others:-

1. to maintain utmost confidentiality during his investigations and protect witnesses.

2. to investigate any allegations pertinent to his terms of reference brought to his attention.

FARAI believes that ABBEY CHIKANE:

a) failed to maintain confidentiality during his investigation and failed to protect FARAI, a witness and went on to lie against him and denigrate FARAI as a fraudster in both the KP Monitor report and in the KP Monitor’s many media releases.

b) failed to investigate any of the allegations and or concerns raised with him by FARAI and instead turned in Farai Maguwu and attacked him mercilessly and falsely in both the LP Monitor’s report and in the media.

Farai believes that it is a shameful scandal for both the man and the principal that sent him. At the very least if the KP Monitor did not wish to investigate the allegations and considered his brief to be blind belief in government authorities then he should have left FARAI alone instead of doing dirty government propaganda on a human rights organization and a human rights activist.

Silenced

CRD and Farai have been silenced singularly by the actions of the very Kimberly Process which they attempted to assist. The choice of the remand date, 23 June 2010 was not accidental. The multiplication or splitting of counts into many charges which the police are planning is also not accidental, it is deliberate. Finally, the dismissal of the objection to remand and the denial of remand were also not accidental or the normal functioning of Zimbabwe’s judicial system.

We who were in the process know how much higher this persecution goes. One needs not go beyond the recent VOA Studio 7 interview given by a Cabinet Minister. Since Farai cannot speak for himself now, he hopes what he has been subjected to speaks louder than he could ever do were he free.

Current Events

They refused to return Farai to remand prison and continue with holding him in the cold police cells where he cannot be fed or be visited by his family and his legal practitioners. These events are occurring against the backdrop of defiance of a court order to give Farai access to his medication and to a proper medical examination by a qualified medical doctor.

Please bear with us should the next update come late because the team is overwhelmed now.

Regards

Tino Bere & Defence Team

13-UPDATE-FARAI MAGUWU BAIL IN HIGH COURT-16TH JUNE 2010 at 9am

Colleagues

My desk is still a mess. The soccer is boring. The dictators are offending me daily. My client is still in jail and this is day 13 of his incarceration. I have to do a daily update so that those anxious may be at peace. When last seen yesterday Farai was fine. He is surprisingly strong for a man living under hellish conditions and so much pressure and having been denied medication and medical attention.

Tomorrow we resume Court battles in the High Court. Johane Zviuya      will now become backup should there be flare-up here in Mutare where the case may ultimately return for trial but in the High Court tomorrow will be Trust Maanda, Beatrice Mtetwa and myself.

Maybe the High Court orders his release but that would be as it should….it is what the captors do in return. They can appeal and keep him inside one more day or week or they can release him and re-arrest on the same or similar cooked up charges or they can simply defy the order. Yet in spite of that risk of justice being frustrated, we must pursue it by peaceful persistent means.

I have 2 critical activities of 2 civic boards that I sit on, one which I chair. The updates may not be as prompt and the replies to your emails may be slightly slower that you are used and I may not pick up your calls. Do bear with me. I will send an update immediately after the ruling on tomorrow’s application that’s for sure. Depending on the outcome, my availability will be affected as I have warned above.

Thank you all for your support for Farai. We shall be in touch tomorrow after court. Please keep Farai in your prayers.

Regards

Tino Bere & Farai’s Defence Team  

time always tells

Tuesday 15 June

COLLEAGUES

I thought I was done with you for today but I have just received information that FARAI has been moved from Harare Central Police Station back to Harare Remand Prison where he had been secretly signed out and taken by the Police Friday night.

The family was unable to feed him because he had been moved. Law and Order confirmed this to be the position. We do not know what they have achieved by the lengthy interrogations from which they barred us as Farai’s lawyers. We will know in time what tactical use they employ their new concoctions.

Farai has reserved his rights to contest the illegal actions of the police but for now the focus is on the bail appeal. We shall keep you informed. Farai’s bail appeal is before Justice Chinembiri Bhunu. We hope for the best.

Regards

Tino Bere

DAY 14- UPDATE-FARAI MAGUWU BAIL APPEAL FRUSTRATED by AG-MEDICAL EXAM ORDERED

Dear Colleagues

Apologies

My apologies, my laptop adapter fuse packed up and it took a while for me to find a solution so this comes late. Today was significantly testing on our nerves. Beatrice Mtetwa, Trust Maanda and I spent most of the day either in court or at Remand Prison. We did get into court but the main case never took off because of the usual self-serving delaying tactics. The angry declaration by Attorney General Representative Phyllis Zvenyika on 9th June 2010 that Farai would “rot in jail” seems to be curse that plagues this case. The conduct and attitude of each succeeding Attorney General representative seems dead set to achieve the threat/declaration.

Bail Appeal Postponed by a day

Today was particularly challenging. Farai Maguwu’s bail appeal was not heard despite spending all day in court, despite having served the notice of appeal as required by the rules. It has been postponed to 2.00pm 17th June 2010.

We endured the senseless repetitive monologue of an Attorney General representative who sought postponement of Farai’s Bail Appeal to Friday the 18th June 2010 for most of the day. He was allowed to do this for a significant part of the morning and all of the afternoon. Even when asked to quote the law he relied on for his submissions he had none.

Farai Medically Examined finally

The only good to come out of today was that the High Court (Justice Bhunu) agreed with our concern at the defiance of the court order for Farai to be medically examined and ordered immediate medical examination by a medical doctor of Farai’s choice.

This was after we established that not only had there been persistent denial of medical attention but that this had continued even after the Court order issued on 10th June 2010 and of greater concern was the discontinuation of hospital prescribed medication and attempts to substitute it with some other medication not prescribed by a doctor.

A doctor has now finally examined Farai and true to our fears his health has been compromised and he needs urgent further investigation and treatment to deal with the state of the throat infection. The Prison authorities are co-operating with the Court Order and we are hopeful that by 2pm when court resumes, there will have been full compliance and Farai’s health situation will be under control. Farai remains resolute and strong in facing all these challenges and expresses great appreciation for all that have stood by him and his cause in these hard times.

Threats over the Weekend

Farai advises that 3 disturbing incidences occurred over the weekend at Harare Central Police Station. One was of threats made by 2 individuals to whom he was handed over for interrogation by Law and Order in the absence of his lawyers. These two threatened to cause untold harm upon him if he did not co-operate with the police. He does not know their names but described them as mean.

The other incidence was a threat by Law and Order officers that by listening to his legal practitioners Farai was making his life harder and diminishing his chances of early release. The last threat was made to Farai late at night around 9.00pm when a heavily built senior person (not clear if from Police or other branch of government) came to the cells and demanded to see Farai.

At first Farai ignored because the name was being miss-called and because he was apprehensive as to the purpose of calling him so late. He finally gave in and asked to accompany this man out of the cells and once out this man threatened to make life very hard for Farai and cause unspecified harm to Farai. Farai was also told during relocation back to Remand Prison that his relocation had been on orders of KGIV which is a military establishment and this greatly concerned him.

These concerns have been brought to the attention of the court and a request made that Farai be NOT removed from Remand Prison without informing his lawyers. The court has not ruled on this. If bail is not granted we will pursue this as an order. The authorities have resources to shuttle Farai for detention and harassment at places other than remand but not to take him to a medical doctor! And the Attorney General defends anything they do. It’s so hard to be polite to these people!

Team

Johane Zviuya is tied up in Mutare. Beatrice Mtetwa has to attend a funeral in Swaziland. That leaves Trust and I to do battle tomorrow against an Attorney General’s Office that has lost independence and objectivity. They do the bidding of the police and use every tactic to imprison suspects for as long as they possibly can. We trust justice is not further delayed tomorrow but will be little surprised if it is… we are fortified though that as long as no harm is caused to Farai through health degeneration or other means as the Prison authorities allow unauthorized removals from Prison, time will eventually run out on all these schemes.

Because of the costs involved the cell phone updates have been slowed down but if you are desperate for specific information please text a request.

Let me rest, more news later today.

Regards

Tino Bere

for Farai Maguwu  Defence Team

time always tells

DAY 15- UPDATE-FARAI MAGUWU Bail postponed to 21 June 2010-Farai in Hospital

Colleagues

Sorry for this late update. The times impose upon us odd hours of work.

Bail Postponed to Monday 21 June 2010

Farai’s bail hearing took place today and Trust Maanda and I argued that Farai be granted bail since he handed himself over and there are other many compelling reasons. The Attorney General representative, Mr. Murevanhema argued vigorously against granting of bail. The judge postponed the case for ruling on Monday 21st June 2010 indicating that his day on Friday 18th June 2010 is overloaded already with work. We wait for the outcome.

The day set is one day before the date stated by Detective Dowa that he would be done with investigation, it is also 2 days before the day the Kimberly process will wind down and it is 2 days before the date of remand given to Farai. All matters point to a worrying resolve by the State to keep Farai in jail. It is now in the hands of the learned Judge,

Farai admitted to hospital

As a result of illness he contracted in police cells following deprivation of blankets, denial of medical attention and unlawful discontinuation of medication, Farai is finally receiving treatment and has been admitted to Avenues Clinic. This is so that he gets proper medical examination, tests, treatment and observation. I visited him after finishing at court and he was on a drip but alert and improving. If there was any good news in this very hard and fruitless week it is this. Those wishing to visit please note that you may be required to first get written permission from Remand Prison. We trust that he will not be illegally checked out of hospital.

Trial Observer

I should share with you that all week we had a guest who was observing the proceedings. Mr. David Cote from Lawyers for Human Rights South Africa was kindly seconded to be a trial observer by International Commission for Jurists. We are most thankful for his attendance and to ICJ for the initiative and for facilitating. He must have been observing all the delaying tactics and will be reporting soon we are sure. Thank you David, thank you Arnold, thank you ICJ and thank you LHR.

Let me also thank all of you for the continued support for Farai.

Regards

Tino Bere

DAY 16-Update-Farai Maguwu-SURGERY  then CRUELTY Fri 18/06/2010

Colleagues

I write to give you an update of Farai’s situation.

Surgery

Farai is still in hospital at Avenues Clinic. He had to be go into surgery on his throat I believe to remove tonsils because of his condition. He is receiving good medical care and treatment. He seems to be recovering well. When I saw him he was in visible pain but assured me that he is feeling fine. I was with him for close to an hour and he had been visited by his close family and friends. But for the intervention of the High Court the need for urgent surgery would have escaped notice. We can only speculate he also was visited by the Africa Director of the International Commission of Jurists and the Advocacy Officer of Law Society of Zimbabwe among others.

Concern over CRUELTY by MURINGANI on FARAI

I share with you a concern about the treatment FARAI has received. One of the 3 persons assigned to guard him today is a person who identified himself to me as MURINGANI. Farai complained to me that he is hostile and cruel and that this morning when he (MURINGANI) assumed duty he immediately put FARAI into leg irons and chains as he lay on the sick bed.

The leg irons and chains were only removed after demand by hospital personnel before taking FARAI into surgery. When I visited FARAI was not in chains but visitors complained to me that they had been harassed and hassled by MURINGANI who sat next to the bed to listen into every conversation FARAI had with his visitors. Our preliminary check on his background is worrying.

We will object in writing to him being at FARAI’s bedside because of his actions and because FARAI does not feel safe to sleep with him in the room. He was not even wearing uniform lending credence to fears that he is not a normal member of the Prisons staff but on special assignment. Whatever his status, a man who puts a sick man on a sick bed into leg irons when there are 3 of them guarding him can only be described as cruel and obsessive.

Such are the daily things that one has to constantly challenge to protect victims.

Regards

Tino Bere

DAY 17-Update-Farai Maguwu-Attempts to Remove From Hospital: Sat 19/06/2010

Colleagues

Tough Day

I am just arriving in Mutare my hometown to check on my family, replenish my clothing and take a much needed short break. But it’s the second time today because my earlier return this morning lasted a few minutes after I received word that Farai was being removed from his sick-bed and being taken to the Harare Central Police Station, the other information said to the Prison Clinic/Hospital for post operative care.

Shocking Cruelty

This more than concerned me, it infuriated me and I immediately returned to Harare. To me it did not make sense that Farai’s post operative care could ever be entrusted to:-

1.       people who refused to allow a doctor to see him when he was seriously ill,

2.       people who threw away his initial medication,

3.       people who sent away his doctor when the doctor came to attend a feverish and sick Farai,

4.       people who deprived Farai of access to his medication and maliciously discontinued all treatment,

5.       people who defied  a court order to allow medical examination and to allow resumption of treatment and

6.       people who instead of caring for Farai allowed him to be signed out for 48 hours during which he was taken to the country’s worst police cells.

For our part we found it to be shocking cruelty to discharge Farai to such people. Farai would never have needed surgery if the Prisons people cared. We consider that discharging Farai to their care is to condemn him to a fate unknown but one that may be worse than what he has endured so far.

The Facts

The facts which I established are that:-

1.       A doctor of Farai’s Choice attended Farai at Prisons on 16th June 2010, the day the court order was granted.

2.       The doctor referred Farai to a Specialist concerned at the serious condition observed.

3.       The Specialist determined the need for urgent surgery which was done on 16th June 2010 and removed Farai’s tonsils in his best interest we understand.

4.       the Specialist Surgeon who operated Farai 18th June examined Farai today (19th June 2010) and stated that Farai would need 10 days to fully recover.

5.       the Specialist also stated he was discharging Farai as he had done his part and only post operative care and healing remained.

6.       The Avenues Clinic in turn then indicated that they would not keep Farai since he had been discharged and it meant complying with Prisons request that he be referred to the Prisons Hospital.

7.       Farai protested this and the Avenues Clinic delayed the discharge where after I was informed.  

Response

I immediately sent a team member Mr. Charles Maunga to check. He established that Farai was still in the Clinic. I then returned to investigate fully and established that in fact Farai still stood discharged and had only remained in the Hospital because of his protest. However the Sister on Duty at the Ward explained that they were going to discharge Farai the following day, Sunday morning (20th June 2010).

On further inquiry I discovered that the Hospital seemed to be unaware of the existence of a High Court Order and of the sad background of the deliberate actions that caused the infection and worsened it by deprivation of medication and denial of access to medical examination. I then retired to prepare a detailed background letter and to make copies of the High Court order so that the hospital knows that Farai was examined and admitted by a doctor of his choice on the basis of a High Court order because the authorities had failed him.

Demand

We have therefore demanded in writing that the Hospital complete post operative care for Farai and that he MUST be sent to the care of people who had failed him. We have made it clear that it would be culpable to expect post operative care or any administration of medication at Prisons in the light of the history and in the light of his condition.  

We appreciate the care and professionalism given to Farai so far by the Hospital. We accept that the sad background may not have been fully known when an attempt was made to discharge Farai to the Prisons authorities.  We served an original of the High Court order that led to FARAI being in Hospital hands. We also asked that the High Court Order and FARAI’s choice of doctor and hospital/clinic be respected. In the event that the Hospital is unable or unwilling to keep FARAI then he will choose another suitable hospital to which they can transfer him.

Our stated position too was that If the Specialist has no courage to implement the Court Order then he should refer Farai to someone who can but the Specialist has no right in the light of the background to refer FARAI to the same people who failed him so badly!

We lastly asked to be informed if the High Court order will not be respected and if Farai is to be removed from Avenues against his will and in the light of his written instructions. 

Interim Solution

The Sister in Charge who was on duty agreed to call the doctor and inquire on the way forward. She was authorized to receive the doctor’s copy of our letter to the Hospital. The doctor also authorized that Farai remains in Hospital until the doctor comes to the hospital on Monday to review the background as detailed in our letter and the High Court order left by us. The Hospital also undertook not to discharge Farai against his will and to await a decision after the paperwork has been studied. I hope that all will be well through the weekend though  I know too well that tomorrow may bring more outrage in terms of the conduct of these people.

Farai’s Condition

Farai is alive and positive. He appreciates what the stakes are and is brave for a man in his situation. He is struggling to eat and to speak because of the operation. He is still on medication and needs painkillers to manage the pain. He is still confined to his bed and is guarded by three guards. Farai needs to be in Hospital till he is fully recovered and out of danger. To take him out of Hospital to the miserable ill-equipped facilities at Prisons where he will depend on the same people whose conduct I need not continue to repeat would be medical irresponsibility. We know as a last resort we may have to go back to the court but we trust for now sanity prevails.

That is all for now.

Regards

Tino Bere

for Farai’s Defence Team

DAY 18-Update-Farai Maguwu Is Still Safe in Hospital-Recovering: Sun 20/06/2010

Colleagues

Today

Today was peaceful, Farai spent day well from reports I collected and he is recovering well. He is still in Avenues Clinic and the big decision will be made tomorrow by both the Hospital authorities and by the Specialist Surgeon who attended him and who had earlier recommended discharge. Both the doctor and the hospital authorities will be informed by our demand with background and by the court order itself which we served. If they decide to remove him from Hospital then we shall seek the Court’s intervention again.

High Court Bail Decision

Tomorrow is a big day for Farai, we get the High Court ruling on bail at 2.30pm.

Remand Hearing

The other event this week is remand set for 23rd June 2010. At this date the Magistrate had stated that he would consider bail. It will be interesting what he says if Farai is still in jail. Also important is that Detective Dowa had said he will have finished investigations on 22nd June 2010.

Will be in touch tomorrow with some news. Thats all for now.

Regards

Tino Bere

for Farai Defence Team

DAY 19-Update-Farai Maguwu Bail Ruling: Mon 21/06/2010 21:52

Colleagues

BAIL Ruling

We have been to court and the ruling is that FARAI stays in jail. His Bail Appeal was thrown out by Justice Bhunu. The ruling was not unusual, it was some of the things the judge said which are worrying. Without hearing evidence hearing or Farai’s defence the judge felt compelled to rule that:-

1.       “It is common cause that the above report in fact contains prima facie false statements…”,

2.       “The magistrate’s ruling became firm and binding.”,

3        The judge used words like “treacherous and abominable” to describe what the state calls publishing false    information which Accused believes is legitimate criticism.

4.       “The evidence is damning…”

5.       “….available evidence points to a strong case against appellant.’

On the other hand everything in favour of Appellant including the admitted denial of medical attention and the admitted illegal detention and the uncontroverted contradiction between state documentary evidence received no attention. The judgment will be attractive for use by malicious politicians who no longer need to wait for the trial to make findings against Farai. The presumptions of innocence is supposed to operate in favour of those accused like Farai and the ruling seemed concerned least about that presumption.

But as the law stands, Farai has no right of appeal from the judge’s ruling no matter how bad he may believe it to be. I have often criticized the practice of making posthumous submissions. Let me not fall into the same trap. We are disappointed but understand the escalation that is taking place against Farai. We understand the timing of everything that is happening and have tried to explain the same to Farai.

The current options available to Farai is review of the circumstances around bail by the Magistrates on the date of remand as promised by him when he rejected bail. This is fortified by the judge’s own conclusion and the statement by the police that they will be done with investigations by 22nd June 2010. We are not oblivious to the risk that the police can simply claim that they are not finished and with that finish any change of liberty for Farai.

FARAI’s worsening fortunes

As if the bail denial and the generous findings in favour of the state were not painful enough, Farai was today against his will and in spite of our written and oral protest removed from the Hospital where he was recovering and taken to Prison. The authorities have insisted and prevailed upon the attending Specialist Surgeon to discharge Farai from Hospital and let the Prisons Doctor takeover the post-operative care. The Hospital nursing staff explained that even though this was against their better judgment, the matter was beyond them.

We explained the two sets of bad news to a disappointed Farai who was in evident pain and he said nothing. He looked defeated and depressed. The family called me latter to report that they found him already discharged and sitting at the Hospital entrance and in extreme distress and writhing with abdominal pain and pleading for help but none came from his captors who simply took him away.

Farai shared that his condition was not good today because not only was the pain more extreme, the throat and neck were visibly swollen and his face looked pale.

It is a tragedy that a person who suffered illness as a result of malicious deprivation of warm bedding, and whose illness aggravated because of malicious and deliberate denial of medical attention requests, and whose medication was thrown away first and then shelved next and who was despite the existence of a court order continued to be denied medication and medical examination till the High Court intervened to order medical examination by a doctor of his choice should be forced into the post-operative care of the same authorities who failed him. It is a tragedy. However while Prison regulations remain what they are and while Farai is on remand, the legal options are limited to what we have exhausted.

A team of doctors of Farai’s choice will make visits to ensure he is receiving proper post -operative care and that he is as promised by Dr. Makanza being cared for from the Prison Clinic/Hospital and not in the normal remand cells. We all pray for Farai health and life. We hope that he continues to be strong in the face of this escalation. We also pray that those determined to punish FARAI will be satisfied sooner rather than later so he regains his freedom once again. Farai handed himself healthy and fit on 3rd June 2010 but as bail was denied today he is at his weakest. The 3rd June images of Farai attached say it all.

Regards

Tino Bere

for Farai’s Defence Team

DAY 20-Update-Farai Maguwu REMAND & BAIL REVIEW 23RD JUNE 2010: Tue 22/06/2010

COLLEAGUES

There is not much to share today.

Remand & Bail Review 23rd June 2010

Farai is supposed to appear in court for remand tomorrow, Wednesday the 23rd June 2010. His condition may mean that he will be unable to attend court. Based on the police declaration that they would complete investigations, and the Magistrate’s ruling that bail would be considered on 23rd June 2010 and the emphasis by the High Court that bail will be considered at the next remand, we will expect that the Magistrate will re-look at the question of bail and we shall argue that the Police have had adequate time and Farai ought now to be freed.

It is in the hands of the court and judging by the trend so far, it may well be Farai will only be released when they think he has had enough punishment or when he cannot harm their strategic interests.

Farai’s Condition

Farai is in the Prison Clinic and when visited by family today he was in pain especially on the throat and in the abdomen. They don’t know why. He has also complained about the food which he cannot take. At the time of writing we have no feedback from any of the doctors we thought would be allowed access because they had failed to reach the Prison Doctor to get permission. We will speak with Farai tomorrow and see for ourselves his state before deciding on the best course of action.

That is all for now.

Yesterday I was furious but overnight I remembered that these people have always been thus… also remembered the many heroes who were mocked, persecuted, arrested, detained, falsely prosecuted, tortured and killed even, and the butchers and despots then were so sure that would be the end of their victims…. but the evil persecution became the beginning of something that lived beyond the miserable lives of the butchers themselves.

We have heart to take this as far as they butchers desire and beyond.

Do keep Farai in your prayers.

Regards

Tino Bere

DAY 21-FRARAI MAGUWU-THIRD BAIL REQUEST REJECTED: Wed 23/06/2010

COLLEAGUES

Farai Still In Jail

Application for bail was rejected again. The case of Farai was heard again in the magistrates Court today. The Police had said in writing they will be finished with investigations by 22nd June 2010 and bail was denied on that basis. We asked the court to place Farai on bail and the Sate opposed claiming that they are still not finished with investigations.

Thursday 24 June 2010

Thank you so much Sophia and Ditshwanelo for the stand you have taken on Farai Maguwu per your attached statement.

I saw him a short while ago and just knowing that even though the regime gets pleasure from his suffering, the international support for him is steady and the international condemnation of his captors is growing as is awareness of his cause has been helpful in motivating him.

His health is still in need of monitoring and attention. The malice persists because only last night an attempt was made to shackle him and put him in leg irons right on the sick bed. This would have meant he would be unable to go to the toilet all night. The cruelty of some of these officers is abnormal. He protested and after consultation with the Officer in Charge the plan by the malicious officer (whose name we are seeking) was aborted.

We obtained an order for Farai to receive care of his choice and by a doctor of his choice and efforts are underway to implement.

For your reading we attach the disappointing ruling by Justice Bhunu that Farai who went on his own to the police should remain in jail because he may run or interfere with witnesses who have been named as senior army and police personnel!

Thank you once again.

Regards

Tino Bere

Bhunu judgment attached here:judgemt

Gono shocked by death rumours

26/06/2010 00:00:00
by Staff Reporter

Alive and well ... Gideon gono

CENTRAL bank governor, Gideon Gono, the subject of online death claims, says he is alive and was actually enjoying the World Cup match between Cameroon and the Netherlands at the time the rumour broke on Thursday.
A UK-based Zimbabwe news website falsely claimed the governor had been killed in a car crash supposed to have happened in Chiredzi on Wednesday precipitating frenzied activity on social network sites Facebook and Twitter.
Central bank officials however dismissed the claims adding “This report appears to have been prepared by very sad individuals who want to project their sadness onto others. We will pray for them”.
Gono said on Friday he was alive and well but shocked that “people wish me bad things”.
The central bank chief said he had actually been home Thursday night and enjoyed a World Cup match with his family at the time people were talking about his supposed death.

"I have just been reading on the Internet about my purported death and am shocked to hear that.
“I am okay and I am at home watching a soccer match with my family. I never even had a tyre puncture or stopped anywhere on the road,” Gono told The Herald.

Meanwhile the Zimbabwe Republic Police (ZRP) said it was trying to establish the source of the story. "We heard about the rumour and we have been trying to get information since yesterday (Thursday) but we haven’t found anything to that effect.

"The rumour had it that he was involved in an accident in Chiredzi, but police in Chiredzi said they have not received such a report. At the moment we have nothing to suggest such an accident," ZRP spokesman Wayne Bvudzijena said.

Newzimbabwe.com

RBZ governor Gideon Gono in car accident

OPINION — BY ADMIN ON JUNE 25, 2010 AT 5:15 PM 

By Denford Magora

Today (Thursday) Zimbabwe was flooded with SMS messages claiming that Gideon Gono, the powerful Zimbabwean Central Bank Governor had been in an accident and died.

But a call to my sources at the Reserve Bank only confirmed that the Governor had indeed been in an accident on the road from Chiredzi. According to my sources, as far as they know, Gono did not die in the accident.

Local television news tonight also reported that Gono has not died and is alive and well. He was at work today, according to the news.

The bit about him being at work is rather doubtful because the Governor was indeed in a car accident and was not shown on TV speaking for himself, which is chance he would not have missed, knowing him.

Gono is also known as Mugabe’s personal banker and was at one time perhaps the second most powerful central banker in the world after Alan Greenspan, whose word could move the New York Stock Exchange up and down almost at will.

At the height of his powers, Gono was effectively the Prime Minister of Zimbabwe, with the power to reduce mere ministers to tears. There was so much animosity towards him that Mugabe posted his own armed and uniformed guards on the pavement outside the Central Bank building on Samora Machel Avenue in Harare. He moved with a mini-motorcade of three cars filled with guards back then.

This was before the advent of the Unity Government of Mugabe and Tsvangirai. The armed soldiers have now gone from the pavement but Gono is still guarded by armed officers in his own office.

The messages circulating today may well be just the rumour capital of the world (as Mugabe called Harare) doing its thing. More likely though, it is all about the residual animosity towards the Governor showing in this wishful thinking.

So, ignore the SMS messages and the online newspapers. The truth of the matter is that Gono has actually not died and has just been on an accident, which my sources at the Reserve Bank actually confirm.

nehandaradio.com

Zimbabwe police arrest World Cup terror plotters

HEADLINES, NEWS — BY ADMIN ON JUNE 26, 2010 AT 7:30 AM 

By Never Kadungure

Police in Zimbabwe have arrested two suspected terrorists who were on their way to South Africa with the likely intention of targeting the World Cup tournament being hosted there. One of those arrested is a Pakistani national suspected to have taken part in the 2008 Mumbai terror attacks in India.

Thirty-three year old Imran Muhammad was nabbed at the Beitbridge border post on the 20^th of June alongside another Pakistani national, 39-year-old Chaudry Parvez Ahmed. Both were trying to cross into South Africa where the first ever World Cup on African soil is being held.

Police spokesman Wayne Bvudzijena confirmed that the two were arrested after they were found using fake Kenyan passports.

“Investigations are still being carried out through Interpol to see who these people are. We will have to get information from the Pakistani authorities to see what they have on these two,” Bvudzijena said.

It’s thought both Muhammad and Ahmed flew from Saudi Arabia to Tanzania, before connecting to Zimbabwe by road. “This is part of our investigations. We will only be able to know why they wanted to travel to South Africa once our investigations are completed,” Bvudzijena added.

Zimbabwe has a famously efficient state security agency which in March 2004 intercepted a plane load of 67 mercenaries led by former British SAS officer Simon Mann.

The group was on its way to Equatorial Guinea to topple brutal dictator Teodoro Obiang but were arrested when their private plane landed at Harare International Airport.

nehandaradio.com

Highly vulnerable

Dear Family and Friends,

When the constitutional outreach teams arrived in my home town which is a provincial headquarter for the programme, there was a strange and tense atmosphere on the streets. Its a feeling we haven't encountered for a couple of years since the last elections and already there are numerous reports of interference, threats, assaults and intimidation.

Within two days of the start of the outreach we began hearing news of disruptions from Karoi, Chinoyi, Bindura, Mutare and Chivi. Reports told of youths chanting slogans and promising violence, uniformed soldiers marching through suburbs chanting Zanu PF slogans and of violence and house burnings. From Marondera we heard of armed men in a white double cab vehicle abducting an MDC activist in broad daylight outside the Marondera Hotel.

Despite such traumatic events taking place, and despite everyone knowing and whispering about them, life goes on in its usual and strangely dysfunctional Zimbabwean manner. On one side of the road two dozen Constitutional / COPAC vehicles were parked outside a government building. Smart cars they were, double cabs and 4x4's and a world away from what was happening across the street. It was government pension pay day and I counted 140 people queuing to try and draw their pensions. Not so easy when there is no electricity which means no computers and no access to account holders records. As if they were naughty children in the school yard, a young security guard strutted up and down the car park, waving a baton stick and bellowing rudely at people to get in line. Its embarrassing to watch such humiliation but no one does anything for fear of losing their chance to draw their own pension money.

A block away there was a similar queue of about a hundred people crowded around the doors of a building society trying to withdraw their own money, also hampered by no electricity. A bus crowded with school children went past, kids hanging out of the windows blowing on raucous plastic trumpets known as vuvuzelas causing a few stares and a momentary distraction. And outside a supermarket a street kid approached with a little square of cardboard in his hand on which was written the price of the medicine he had been prescribed for a chest infection.

'Highly vulnerable' is the phrase that we were hearing three days into the two month long constitutional outreach programme. Highly vulnerable is a phrase equally applicable to everyday life here.

Already it is clear that our desire to create a constitution that will guide the whole nation for generations to come is not going to be easy. The people must be brave, an MDC organizing secretary said this week as he urged people to get involved in the outreach consultations. Easy to say but not so easy to do, especially when none of the perpetrators of 10 years of political violence have yet been held to account for their crimes and continue to walk free amongst us. Crimes that include rape and murder, torture and arson, theft and looting. Hardly inspires confidence in the present government but certainly instils determination in bringing an end to the old order

Until next week, thanks for reading, love cathy. � Copyright cathy buckle 26 June 2010. www.cathybuckle.com

For information or orders of my new book: "INNOCENT VICTIMS" or previous books "African Tears" and "Beyond Tears," or to subscribe/unsubscribe to this newsletter, please write to: cbuckle@mango.zw

Constitution Outreach: News Round-Up, 21 June 25 June

Soccer is a life saver for HIV Positive Ladies

By ANGUS SHAW (AP) – 13 hours ago

DOMBORAMWARI, Zimbabwe — For members of the Positive Ladies Football Club, playing soccer is much more than just a way to have fun.

All its members are women infected with the HIV/AIDS virus. In this impoverished district outside the Zimbabwe capital, having an outlet and a bond with teammates has helped the players keep up their spirits as they fight the disease and the stigma that goes with it.

And now is a special time for the club. It fields a team known as the ARV Swallows (ARV is an abbreviation for antiretroviral medication) which will compete in a tournament in neighboring South Africa while the World Cup is being staged.

The Swallows have already triumphed in one local women's league, and they've kicked stigma and prejudice off the field at their home ground at Zinyengere government school, about 20 miles southeast of Harare, said Ivy Choga, a nurse with Medecins sans Frontieres, or Doctors without Borders, the international medical humanitarian organization.

In this southern African nation, where nearly a quarter of the adult population is estimated to be infected with the virus that causes AIDS, people with the disease were long shunned in local communities. Infected women were banished from families.

"They were hidden away and getting very sick. Families were planning burials," Choga said.

In Domboramwari, or Stones of God in the local Shona language — named after the district's bleak landscape of granite rocks — the "Positive Ladies" on Saturday were helping a group of their members prepare for a trip they once never dared dream of.

The Swallows are competing in a 5-a-side tournament of HIV positive women in South Africa scheduled July 2 and organized on the sidelines of the World Cup by Doctors Without Borders from its HIV treatment projects in southern Africa.

They will be led by coach Jonas Kapakasa, a former goalkeeper in a Zimbabwe club side.

"Everyone is very excited. We're ready to show what we can do," Kapakasa told The Associated Press.

He said he canceled practice Wednesday after a child of one of the Swallows became ill. Teammates rallied around to help get the child to the district hospital.

"It was a real team effort," he said. "I'm so proud."

AIDS groups have warned that foreign funding for life saving medication is diminishing. The so-called "Halftime" tournament in Johannesburg calls on international donors not to cut back on antiretroviral funding when the fight against the disease is only half over.

"Imagine the referee stopping the match against HIV/AIDS halfway through. ... Nobody calls it quits at halftime," Doctors Without Borders said in a statement.

In this arid Zimbabwe district, with regular power outages and no electricity at all in some parts, unemployment and food shortages are acute. Players in the Swallows grow and sell their own vegetables, some make basic handicrafts and artificial flowers from grass and scrap materials and others receive food handouts from independent charities. They receive their medication from the Dutch branch of Doctors Without Borders.

Annafields Phiri formed the team in 2008 after a Harare businessman launched a women's football league to promote his skin and hair care products.

Choga, the nurse, said regular exercise strengthened the women and helped them throw off years of depression, discrimination and isolation. Singing and dancing goes along with their practices three times a week.

There have been injuries on the field, but neighborhood skeptics who now turn out to support the Swallows had learned more about the risks of HIV infection from unprotected sex, often a taboo subject in Zimbabwe — and how the risk from cuts and bruises is minimal, Choga said.

Defender Nyarai Bengina, 33, said being diagnosed HIV positive in 2006 was the saddest time of her life. Seeing her drawn body, wracked by tuberculosis and near death, neighbors had taunted her to take poison to end it once and for all.

Now the beaming, smiling mother of three will soon be enjoying soccer in Johannesburg and rooting for Argentina.

"We've got our lives back," she said.

Copyright © 2010 The Associated Press. All rights reserved.

Coal in vogue in Zimbabwe?

Timeslive

Abundant coal deposits will need capitalisation

Jun 27, 2010 12:00 AM | By Barnabas Thondhlana 

Resources investor Sable Mining's recent swoop for coal assets in Zimbabwe highlights the intensifying interest in the country's coal, said by industry experts to be among the most easily extractable in the region.

Although demand for coal has stuttered due to the increasing dependence on oil and gas for transport and other industrial processes, coal appears to be making a significant comeback, particularly in heavy industry, and its dominance as a fuel of choice in electricity generation and cement works across the globe is winning it great support on international markets.

Hydro generators are being viewed as prone to droughts, particularly in the southern Africa region, resulting in new power generation projects focusing largely on coal-dependent thermal power plants.

Chamber of Mines president Victor Gapare, said Zimbabwe had abundant coal deposits, but these required significant capitalisation.

He said there were two major basins where the coal could be extracted. These were the Zambezi Basin, in the north, which runs over into neighbouring Zambia and Mozambique, and the Sabi-Limpopo Basin in the south, which runs over into the Limpopo province of South Africa.

These have an estimated tonnage of in situ coal of 26 500 million tonnes, of which 10 500 million tonnes is extractable.

Oliver Maponga, a business development manager with Zimbabwe Stock Exchange (ZSE)-listed Hwange Colliery Company Limited (HCCL), said: "If fully developed, this resource will make the southern African region a coal-mining hot spot, similar to the copper-mining hot spot of Central Africa."

In a recent announcement to the market, Sable Mining said it would acquire an 80% interest in Monaf Investments, which holds the Lubu coal concession in the Bulawayo mining district.

The Lubu coal concession is about 120km north-east of HCCL. The concession was originally explored by Messina Transvaal Development Services (MT-D), which estimated the area had an inferred resource of 334 million tonnes of low-sulphur coal.

The resource is principally located in the 14m to 18m thick main seam, which is also believed to contain coking coal in its lower section.

Sable said the portion of Lubu for which the resources have been calculated holds the potential for open-cast mining.

Considering likely extensions to the coal seams below the overlying Karoo sandstone, it had been estimated by independent consultants Behre Dolbear & Company that with further exploration and drilling, there was potential to increase the coal resource at Lubu to 515 million tonnes.

Last month, a new junior miner, Lontoh-Coal, said it planned to list on the Johannesburg Securities Exchange (JSE) between October and November this year.

The company is currently in the process of raising $16-million through a private placement. It would commit part of the money towards feasibility studies and the re-opening of a closed mine in South Africa.

The balance would be used for the initial development of Lontoh's flagship asset - the 51%-owned Lubimbi project in north-west Zimbabwe near HCCL which had an indicated resource of 1.25 billion tonnes of thermal and coking coal that could be mined using open-cast methods.

The project area is 35km from the Dete siding on the Bulawayo to Victoria Falls railway line, while Lontoh also holds 51% of two smaller projects in the same area.

Kgadima said the aim in Zimbabwe was to produce two million tonnes of thermal and coking coal annually, of which one million tonnes would be exported through the Matola terminal in the Mozambique port of Maputo and the rest sold to customers in Zambia and the Democratic Republic of Congo.

Apparently, the interest in Zimbabwe's coal has long been evident, with investors from as far away as India and China, as well as South Africa, said to have been positioning themselves for acquisition of key coal mining assets over the past decade.

The Indian government has particularly expressed significant interest in Zimbabwe's coal, and had pledged to invest in coal mining assets.

Coal Videsh Ltd, a Chinese firm, had entered into talks with the Zimbabwe Electricity Supply Authority Holdings for drilling and exploration rights over a 75 square kilometre greenfield coal block in Hwange under a proposed joint venture.

Nothing much, however, has come out of that proposed joint venture. The Chinese have already signed several memoranda with local firms, both private and government owned, for coal mining projects, as well as for thermal power plants.

No World Cup windfall for Zimbabwe's tourism industry

Timeslive.co.za

Jun 27, 2010 12:00 AM | By unknown 

The ongoing Fifa World Cup, which roared into life a fortnight ago, has not provided any joy for Zimbabwe's listed companies, especially counters in the tourism sector, who were expecting a windfall from the soccer showcase.

In fact, such is the gloom besetting the industry that leading hotelier and CEO of Rainbow Tourism Group (RTG), Chipo Mutasa, says the potential benefits of the World Cup were exaggerated.

The RTG counter ended the week retreating, losing 20 cents to close the week at 1.40, from 1.60 at the beginning of last week.

Mutasa told shareholders at the 11th Annual General Meeting that business from the World Cup was far below that expected by the group and the tourism industry.

It was expected that the country's hospitality industry would benefit on a large scale from the more than 300 000 visitors who are expected to spend not less than 15 days in South Africa, spilling over into neighbouring Zimbabwe to spend the greenback.

The reality on the ground, however, is that very few corporates stand to benefit from the extravaganza.

Zimbabwe boasts the mighty Victoria Falls and its national parks, but it seems that despite these huge attractions, the industry is going to attract very few visitors during this event taking place for the first time in Africa.

Zimbabwean firms have been compounded by liquidity challenges and high interest rates.

Mutasa, however, said the business environment has significantly improved but her group's performance in the resorts remains worrisome.

The group achieved a cumulative turnover of $6.9-million in the four months to April, compared with $3.9-million last year.

The hotel group had budgeted $8.3-million for the period. Another listed hotel group, Africa Sun, has seen no tangible benefits from the ongoing soccer extravaganza.

Group CEO Shingi Munyeza said: "The World Cup is in South Africa, 99.9% of arrivals will be in South Africa. The benefit for Zimbabwe will be for future marketing. However we received significant business this week when a group of 225 Mexicans checked in at Victoria Falls."

Zimbabwe's streetchildren challenge the illusion of change

Guardian.co.uk

Child scavengers in Harare bear tragic witness to how little has changed in a society brutalised by Robert Mugabe's cynical rule

R otting food scraps picked out of the dirt and the bins of the backstreets of Harare are piled together in a slimy heap on the ground with torn cardboard as a serving plate.

Elias, 15, squats and pushes both hands into the pile, scooping out a chunk of something pink. He gnaws on it, then shouts: "Dinner! Come and eat."

The other boys shush him. "The police will come," says Lloyd, "and we will have to run." There are more than 20 of them, gathered on a small piece of waste ground around a thin fire. The youngest is 8, the eldest 18. Lloyd used to have a blanket, but the police took it last time he was rounded up. He is among the older children who have been living on the streets since President Robert Mugabe's infamous Operation Murambatsvina, the slum clearances that began in 2005 and left hundreds homeless. But now they are seeing new, younger kids drifting in day after day from the countryside, looking for protection and a share of whatever has been scavenged or stolen or begged.

"Zimbabwean society is splintering, breaking, the family is not working the way it used to," said an official at the ministry of health. "The gap is increasing between the rich and the poor, the middle classes are moving out into the high-density suburbs where the poor used to live, and the poor are ending up on the streets."

At the Makumbi children's home, half an hour's drive from the city, Sister Alois is upset to report she has had to turn away three abandoned babies brought in by social workers in the last week.

"More and more children abandoned, it's not the African way. There are so many now. They are being left in the bush, some are eaten by the ants," said the nun, who has always been strict on taking in a manageable number of orphans to give each child the best possible chance: 10 children to each of her "house mothers". She says "poverty, and poverty leading to girls being abused", is the cause.

But after years of financial mismanagement at the hands of an ageing dictator and his corrupt cronies that saw this country decline into chaos amid food and energy shortages, sky-high inflation and political violence,Zimbabwe is entering a new era. In the two years since the election that nearly tore the country apart before resulting in a national unity government between Mugabe and opposition leaders Morgan Tsvangiraiand Arthur Mutambara, there have been dramatic changes.

There is food on the shelves now, and the trillion-dollar banknotes are gone. Since 2009 citizens have been free to use the South African rand or the US dollar, and all do. A human rights commission has been sworn in. A media commission has licensed newspapers independent of government control and one, Newsday, began publishing this month. There are more cars on the road, some traffic lights work and the big four-wheeled drives no longer mainly have white faces behind the wheel. Vast diamond fields discovered at Marange have the potential to bring prosperity, and work on a new constitution is under way.

But what has really changed? Zimbabweans still top the world list of asylum-seekers. On Monday, Mugabe was ranked the world's second-worst dictator behind Kim Jong-il of North Korea, and Zimbabwe rated in the top 10 failed states.

The report by the US-based Fund for Peace stated: "Mugabe has arrested and tortured the opposition, squeezed his economy into astounding negative growth and billion-percent inflation, and funnelled off a juicy cut for himself using currency manipulation and offshore accounts."

On Thursday, the international watchdog, the Kimberley Process, failed to reach agreement on Zimbabwe's diamonds, concerned at human rights abuses and corruption. So the ban on the country exporting diamonds remains in place. And Mugabe's government remains disdainful of international opinion. The mines minister, Obert Mpofu, responded by saying Zimbabwe would sell them anyway. "Those of you who dream of regime change," he told his critics, "there will never be regime change in Zimbabwe. We fought for our liberation and we are ready to fight again."

Tsvangirai has been accused of ineffectual leadership, of doing the "Mugabe shuffle" – making small changes that mean nothing for the people. As one businessman told the Observer: "There is a saying in Shona, 'It's best to take an enemy inside your hut and there kill him'. That is what Mugabe has done to Tsvangirai. We are betrayed."

The government is in another paralysis of disagreement, with reports that Tsvangirai and Mugabe are not speaking. The state newspaper last week ran a front-page picture of the recently widowed Tsvangirai sitting near a woman it alleged was his new girlfriend. Rumours abound of MDC officials accepting farms from Mugabe just as he rewards the loyalty of his own Zanu-PF officials. The suggestion is denied vehemently, but worn-out Zimbabweans believe it.

The controversies and rumours are helping to raise the profile of a new player on the field. Zapu, the party of the late liberation hero Joshua Nkomo, has officially extricated itself from Zanu-PF and is showing signs of winning support outside its Matabeleland stronghold.

"Their pockets and their necks are getting fatter, there is no difference between the MDC and Zanu any more," Dr Dumiso Dabengwa, interim chairman of Zapu, said, insisting that cross-tribal support was already coming their way.

And while the political leaders are failing to fix a broken Zimbabwe, those who try to help on the streets are overwhelmed by the scale of the country's problems. A charity operating to help the growing bands of homeless children, Streets Ahead, is a drop-in day centre where kids can come and wash, attend art and drama classes, have a meal. Staff used to do night outreach work to find kids newly arrived on the city streets before the pimps and the abusers got to them, but donations are drying up. "So many kids we could take back home now, but we don't have the money or the truck to take them," said outreach worker Pauline Manigo, close to tears.

Duduzile Moyo, executive director of the centre, said: "We are soldiering on. The donations are scaling back big time, economic pressures everywhere. But it is the same pressures that are causing the problems that mean we cannot fix them." A census in August found 705 children living in Harare's city centre. "Poverty is the underlying cause and the economic downturn is making everything worse. We are seeing new kids arriving all the time now. The gap between the rich and the poor is getting very wide now."

A 34-year-old woman, in a retail management job, told of her despair that she was about to give up her small flat to move to the sprawling townships around the city where electricity and running water are seen as a luxury, not a necessity.

"I have always worked hard, always. But now I just don't know how I can manage any more, so I am going to have to move out. My wages have been cut and cut and now my rent is $300 a month and my income is $320.

"I am middle-class, my parents had a nice house, but if I want my kids to go to school then they're not going to have a nice house."

But her two children are still luckier than some. A few streets away, at a bus stop, a row of bodies are huddled under thin sheets. Connie Tatianashe is four months pregnant. Her three-year-old son sleeps by her side. They lost their home because her husband had to take a pay cut while the rents just kept on rising. Beside her, a shivering girl called Memory Muringai looks younger than the 13 she claims to be and has been here only a few days. So far none of the older boys has claimed her as a "girlfriend".

"I asked the bus driver and he brought me here, to Harare," she says. "My father died and my stepmother poured hot water on my back, so I ran away to find my aunt, but I can't find her. The shop owners gave me something to eat, but the boys chase me away. I am cold and I am scared."

The UK-based charity Street Invest supports Streets Ahead and other similar projects worldwide.

KP complicit in rights abuses

The Zimbabwean

Written by The Editor   

Friday, 25 June 2010 09:36

How ironic that the venue for the staging of the Kimberley Process (KP)’s latest act of vacillation and abject appeasement towards the Zanu (PF)/Marange mafia had to be Israel. 

The home of the Jews who history teaches us should never have suffered genocide at the hands of Adolf Hitler had the world stood up earlier and firmly said no to the dictator.
The old cliché is true after all, that we never learn anything from history!
The choices that the diamond industry regulator had to make in Tel Aviv were very clear and simple. The KP either had to maintain an international ban on what are in essence blood diamonds from the Marange mines and insist on transparence, accountability and an end to human rights abuses before the stones could be allowed on the market. 
Or the KP could choose to lift the ban imposed last November and by so doing virtually give the elite club of Zanu (PF) politicians, security commanders and their hangers-on a certificate to continue looting a vital national resource to finance a life of unparalleled luxury while the nation starves. 
After meeting for three days and extending debate by another day, the KP members emerged from their talks last Thursday to announce that they had failed to reach consensus on whether to allow Zimbabwe to export diamonds mined from Marange and that they would instead review the matter at their next meeting in November. 
The delegates "could not reach consensus regarding...the work carried out by the KP monitor to Marange. As such, the meeting ended at an impasse," KP chairman Boaz Hirsch said in a statement.
And to put it in plain language: the KP is going to do absolutely nothing about the Marange diamonds -- at least not until November.
This indecision and inaction by the KP is exactly the opening that the Harare gang fronted by Mines Obert Mpofu wanted.
In fact, Mpofu, after witnessing the dithering by the KP had on day three – well before the Tel Aviv meeting was concluded  -- declared that Harare will be exporting its stockpile of diamonds from Marange, with or without the regulator’s permission. 
Now, in case Mr Boaz and his KP delegates have never heard of these facts that have really been in the public domain for years now, here we re-state them: the Marange
diamond field that is also known as Chiadzwa is the site of smuggling, forced labour and gross human rights abuses. Murder and torture have been committed at Marange.
Diamonds worth millions of dollars have been unearthed from Marange for about four years now but not even a single cent has found its way into the public coffers.
More diamonds will be mined from Marange for export as Mpofu indicated last week and that means more revenue for President Robert Mugabe and his cronies to maintain their stranglehold on Zimbabwe.
Through their failure to act, Boaz and his KP are virtually aiding commission of this evil upon Zimbabweans. History shall expose and shame them in the same way it has those who championed appeasement towards Hitler.

How Biti escaped cabinet dismissal

Theindependent.co.zw

Thursday, 24 June 2010 21:21

Informed sources said yesterday Tsvangirai was under intense pressure from members of his “Kitchen cabinet” – an influential clique around the premier which controls the MDC-T and its operations in government - to remove Biti and all the other ministers who were either fired or redeployed.

However, sources plugged into the MDC-T said Mugabe and senior government officials, including Tsvangirai himself in the end, saved Biti from demotion or dismissal.

Sources said when Tsvangirai recently approached Mugabe to indicate he wanted to reshuffle his ministers, the president dissuaded him from removing Biti because of the “hard work and commitment he has shown in his job”. Mugabe is known to admire Biti’s work ethic and performance at the Treasury. A number of Zanu PF ministers acknowledge Biti’s role as Finance minister despite his constant clashes with them.

As the Zimbabwe Independent reported on May 14, a cabinet reshuffle has been odds-on for a while after Tsvangirai had indicated to Mugabe he wanted to change his cabinet team. Sources said Mugabe was initially reluctant but eventually accepted Tsvangirai’s proposal despite making it clear to the prime minister it would not be wise to take out Biti.

“As your paper correctly reported last month that a reshuffle was coming any time, that was the point at which Tsvangirai and his ‘kitchen cabinet” started mulling over plans to remove Biti and shifting all those ministers who were changed this week,” a senior MDC-T official said. “Mugabe was reluctant to let Biti go right from the beginning and made his views known to Tsvangirai.”

Sources said Tsvangirai however had remained under intense pressure from his “kitchen cabinet’ led by his permanent secretary Ian Makone and his wife Theresa to remove Biti. The Makones are the nerve-centre of Tsvangirai’s inner circle which makes crucial decisions in the party. They are said to be influential largely because of their closeness to Tsvangirai’s family and their  financial muscle. It is said the Makones were behind Wednesday’s reshuffle which was principally about consolidating Tsvangirai and their own position in power.

“The Makones and their faction wanted Biti to go but in the end Tsvangirai realised he would damage, not just the party but himself as well,” another MDC-T official said. “Tsvangirai stopped short of kicking Biti out.”

Sources said Tsvangirai was also advised against removing Biti because he is the “intellectual engine room” of the MDC-T.  Besides, the international community, especially Western countries and donors currently trying to mend damaged relations with Zimbabwe, were also against his dismissal.

“Western countries and donors were against Biti’s removal. He has managed to stabilise the macro-economic situation and ensure slight economic recovery. Whatever his weaknesses, he has done well in that ministry. Besides, Biti is currently working on the mid-year fiscal review statement and has other economic revival plans ahead and it would have been unwise to remove him,” a source said. “Even when Tsvangirai was under pressure to get rid of him the resistance was widespread and stiff.”

Sources said Biti had all along been unaware of manoeuvres to do away with him. The sources said the situation got worse after Biti walked out of cabinet last week on Tuesday during a heated debate on Reserve Bank debts and went to South Africa to watch World Cup matches. Tsvangirai was said to have been angered by Biti’s walk-out.

“The prime minister was not amused by the walk-out and that almost cost Biti’s his job. While Biti was in South Africa, the plot to remove him thickened,” a source said. “By the time he came back on Monday it was well known within the ‘kitchen cabinet’ he was going to be removed, although he himself did not know that.”

Sources said Biti – a top MDC official as secretary-general and senior government minister - only came to know about the reshuffle on Monday afternoon when Tsvangirai informed him at Harvest House where the MDC was having internal meetings.  After that Biti started to unfurl his political antennas, only to learn, much to his horror, an axe was looming above his head.

Tsvangirai was supposed to announce his reshuffle on Monday but cancelled the press conference. The prime minister said on Wednesday he shifted the event to Wednesday to fulfill certain procedures, including arranging yesterday’s swearing-in ceremony for the new ministers.

The sources said Biti and dismissed ministers, especially former Energy minister Elias Mudzuri, were targeted for removal or sidelining by Tsvangirai’s loyalists as they are seen as potential contenders for the MDC-T throne.

Tsvangirai and Biti were recently involved in a public quarrel over civil servants’ salary increases, which drew into its vortex Public Service minister Eliphas Mukonoweshuro, a Tsvangirai ally, who openly attacked Biti accusing him of being a “super minister”. Despite denials by Tsvangirai and his party that there were any factions, events in the MDC-T, including this week’s divisive reshuffle, are increasingly showing there is growing infighting.

The jockeying for positions of power in the MDC-T has of late been dramatically intensifying ahead of the party’s congress next year. A fight has also erupted on when to hold the congress, with some saying it should come before and others saying after the elections. The official party line is now that congress will come after elections hopefully next year. But there is also a small circle of party movers who want it postponed indefinitely like the party did before it split in 2005. The split MDC factions only held their congresses in 2006.

Dumisani Muleya/ Faith Zaba/ Farai Mutsaka

State takes over RBZ debts

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