The Zimbabwe Situation

http://www1.voanews.com

Peta Thornycroft 15 March 2010

South African president Jacob Zuma will visit Zimbabwe Tuesday to try and
break the deadlock on the political agreement which led to the formation of
the inclusive government more than a year ago.

Mr. Zuma is due to arrive in Harare on Tuesday amid growing signs of
stalemate in the 13-month-old unity government.

And just a day before his arrival, Zimbabwe's Prime Minister Morgan
Tsvangirai is already weighing in. He says the unity government has failed
to institute significant democratic reforms and accuses his old rival,
President Robert Mugabe, of blocking them.

ZANU-PF has said it will not make any more concessions to MDC claiming it
has fulfilled everything expected of it under the power sharing agreement.

Mr. Tsvangirai has appealed for President Zuma to intervene in his key role
within the regional body of Southern African Development Community (SADC),
which has guaranteed the political agreement. But, the prime minister has a
tough road ahead.

In recent weeks, Mr. Mugabe has stripped several MDC ministers of their
power and given them to his own ZANU-PF allies. One of the ministries
controls elections, and is headed by the Justice Minister Patrick Chinamasa.
Calls to Chinamasa were not returned.

The MDC says it wants to persuade Mr. Zuma that the only solution to the
deadlock is fresh elections. Mr. Mugabe has also called for new elections.

Apart from stripping the MDC ministers of their jobs two weeks ago, the MDC
says it will tell Mr. Zuma that its main concern remains the appointment of
the pro ZANU-PF attorney-general, Johannes Tomana who they accuse of
selective prosecutions focusing on the MDC. The MDC also says the
appointment of Tomana was unilateral and, therefore, in violation of the
political agreement.

Mr. Mugabe says the main obstacle to progress in the unity government is
U.S. and European Union travel and financial restrictions against the
hierarchy of ZANU-PF and some of their companies.

During his recent state visit to Britain, Mr. Zuma called on Prime Minister
Gordon Brown to lift the targeted sanctions against Zimbabwe.

Mr. Zuma will be in Harare for two days. His team on Zimbabwe, which is
headed by political adviser Charles Nqakula, has been working with the
parties in Zimbabwe since December 2009. The MDC narrowly won the 2008
elections and Mr. Tsvangirai won more votes than Mr. Mugabe in the first
round of the presidential poll but withdrew from the run off after about 200
of his supporters were killed and thousands injured.

Zimbabwe parliament hears public objections to indigenization laws

http://www.monstersandcritics.com

Mar 15, 2010, 18:40 GMT

Harare - Zimbabweans from across the social and racial divide Monday united
in condemnation of controversial new laws requiring companies to hand
control of their companies to 'indigenous' Zimbabweans.

Last month, a minister from President Robert Mugabe's Zanu-PF party gazetted
new regulations that require companies with assets of over 500,000 dollars
to hand over 51 per cent of their assets to 'indigenous', black Zimbabweans.

The regulations came into effect on March 1, from which date companies have
45 days to outline how they will comply.

The law has sparked an outcry in the business community, with many saying
the move will scare off much-needed foreign investment. Several large
British and South African companies operate in Zimbabwe.

Monday's hearings were conducted by parliament's portfolio committee on
budget finance and investment promotion. Paddington Zhanda, a MP from
Mugabe's party, heads the committee.

'Where do the so-called indigenous people get money to invest (in buying
control of a company) when we are still to get out of the economic mess we
have been in the last ten years?' Eddy Katsande, a small-scale trader,
queried.

'I do not remember the last time I had more than 100 dollars in my account,'
he said.

The new measure, which come as the power-sharing government appeals for aid
and investment to rebuild the economy, have drawn comparisons with the land
reform campaign, which saw thousands of white farmers chased off their land
since 2000 by politically-connected new black owners.

'To isolate me just because I ave a white skin is insulting,' said Mark
Bruce, a commercial farmer. 'I am white but I am not wealthy. We must be
focusing on strategies, which improves our economy.'

A retired former mining industry executive, Len Bruce, told parliament:
'Whether black or white, no-one would want to cede control of his company.
Why don't we talk about creating wealth and not about re-distribution?'

Paddington Japajapa, owner of a number of small township grocery stores,
defended the law, however, contending it was the only way for blacks a share
in their country's resources.

'How do we expect the indigenous people to benefit from their mineral wealth
that is being siphoned out of the country by dubious companies?,' he asked.

The indigenization law was passed in 2008 before Mugabe formed a coalition
government with his arch-rival and now Prime Minister Morgan Tsvangirai, but
the regulations to give it effect were only gazetted last month.

Tsvangirai said he was not consulted about the gazetting and the regulations
were therefore 'null and void.'

The regulations are now up for cabinet review.

Indigenisation Act Conference – 26 March 2010

March 15th, 2010

Conference Flyer

(Via circulated email) Human Resources (Pvt) Ltd has obtained a commitment from the Minister and the Permanent Secretary to address a follow-up conference on Friday, March 26.

A good line-up of lawyers and experienced business speakers have also been asked to address the conference and will make a useful contribution too.

If you can make it to the conference and if you can help the government officials gain a better understanding of the requirements of genuinely helpful indigenisation promotion policies, or even if you want to gain a better understanding of the issues involved, this could be a very important event for you to attend.

Details on how to enrol in the flyer available for download at the end of this post. Fees and speaker details provided below.

Speakers:

Hon. Minister S. Kasukuwere – Min. of Youth Dev., Ind. & Empowerment
The Permanent Secretary – Min. of Youth Dev., Ind. & Empowerment (Panel)
Mr T. Musarara – Secretary General, AAG
Prof. E. Masunungure – Director, MPOI
Adv. E. Morris – LLB(Hons), (Lond), Barrister
Mr J. Robertson – Economic Consultant, REIS
Adv. Jeremy Lewis – Optima Services
Mr P. Cawood – Independent Consultant
Dr E. Bloch – Partner, H & E Bloch & Co
Mr D Harrison – Industrial Psychologist, Human Resources (Pvt) Ltd

This Conference will go ahead, especially if the Act/Regs are repealed/withdrawn, in the interests of national economic development

FEE: $120-00 (includes lunches, refreshments, e-mail or hard copies of all papers, and attendance at all sessions). Enter early to avoid disappointment. Fee may be tax allowable. Group discounts negotiable. Cancellations will not be refunded, but substitutes may be nominated. (Space limited, only one Jacaranda Room)
Bank Details: Stanbic Bank, Park Lane Branch, Acc. No.0222023094401 or cash to
11 Lawson Avenue, cnr Blakiston Street, Milton Park, Harare.

Click here to download a copy of the flyer and enrolment form: in PDF format and in Word format. Click the image above to enlarge and preview.

Please circulate widely.

Crucial meeting for Mugabe, Tsvangirai

http://www.thezimbabwetimes.com/?p=27959

March 15, 2010

By Our Correspondent

HARARE - A meeting between the principals of Zimbabwe's inclusive government
will seek to find common ground on Monday on the unilateral reallocation of
ministerial mandates by President Mugabe two weeks ago.

The Zimbabwe Times has been informed that the crucial meeting is expected to
iron out the contentious issue of ministerial mandates that has recently
heightened tensions in the troubled coalition government formed by President
Mugabe and his archrival Prime Minister Morgan Tsvangirai last year.

Mugabe last week unilaterally stripped MDC ministers of their powers, while
reallocating Acts of Parliament that line ministers administer. Some Zanu-PF
ministers such as Patrick Chinamasa were allocated a record 94 Acts to
administer while four MDC ministers were left with absolutely nothing.

The Monday meeting has been scheduled ahead of a crucial visit by South
Africa's President Jacob Zuma to Harare to mediate the stand-off.

Monday's meeting is scheduled to iron out other outstanding issues such as
the continued tenure of office of Attorney-General Johannes Tomana and
Reserve Bank of Zimbabwe governor Gideon Gono, appointment of six MDC
provincial governors and the swearing in of deputy minister of Agriculture
designate, Roy Bennett.

Speaking at a constituency feedback meeting in Kuwadzana on Saturday, MDC
spokesman Nelson Chamisa told his constituents that the stand-off over
attempts to strip MDC ministers of power would be top of the agenda during
Monday's meeting.

Chamisa told the meeting that the three principals, President Mugabe, Prime
Minister Morgan Tsvangirai and Deputy Prime Minister Professor Arthur
Mutambara would discuss all outstanding issues.

Chamisa said his party wanted finality to all outstanding issues.

"As defined by both the GPA and the Constitution of Zimbabwe, these issues
must be resolved by the leadership of government," he said. "The unilateral
reallocation of ministerial mandates does not only fly in the face of the
letter and spirit of the Global Political Agreement but is also an
illegality because the GPA has legal effect," said Chamisa, speaking mostly
in Shona.

He said the allocation of mandates to ministries came into effect via a
process of negotiation by the three political parties which signed the GPA.

As such, no single party to that negotiating process could unilaterally
alter such mandates without affecting the due process of negotiation.

Chamisa said such "blatant violations of the GPA to suit individuals were a
cause for grave concern as they had the effect of taking people off the
course of restoration and reconstruction."

"The principals will meet in on Monday to address the outstanding issues,"
he said.

There was need to resolve the issues immediately to prove to a skeptical
international community that the parties were genuine and serious about
restoring Zimbabwe to its rightful place in the family of nations. He said
the resolution of the sticking points would see sanctions fall away.

Minister Defends Zimbabwe's Controversial Attorney General

http://news.radiovop.com

15/03/2010 17:50:00
Font size: Decrease font Enlarge font

Harare, March 15, 2010 - Justice and Legal Affairs Minister Patrick
Chinamasa on Monday backed the appointment and performance of Attorney
General (AG) Johannes Tomana whose appointment is currently being contested
by Prime Minister Morgan Tsvangirai's Movement for Democratic Change (MDC)
party.

MDC wants President Robert Mugabe among other things to fire Tomana and
Reserve Bank of Zimbabwe (RBZ) Governor Gideon Gono saying their
appointments were unconstitutional. The MDC says the unilateral appointments
of Tomana and Gono are threatening the implementation of the Global
Political Agreement (GPA) that created the Zimbabwe's power sharing
government in 2009.

But Chinamasa on Monday told the parliamentary portfolio committee on
Justice, Legal Affairs, Constitutional and Parliamentary Affairs that he
fully endorses the appointment of Tomana.

"I have confidence in the AG's competence and skills. With respect to his
competence and skills I give him 100 percent," said Chinamasa.

Mugabe's party on the other hand has accused the MDC of reneging on its
commitment to persuade the US and the European Union to lift travel bans and
asset freezes against its leaders imposed in 2002 following a spate of human
rights abuses and repression targeting the opposition.

Tomana, a lawyer who has been closely associated with Zanu-PF over the years
was sworn-in as AG in 2008 just after President Mugabe and Prime Minister
Tsvangirai signed a power sharing agreement in September 2008. After
swearing in Tomana President Mugabe called him "the right man" to confront
the challenges as government' chief law officer.

Tomana took over from Justice Bharat Patel, who was acting AG following the
suspension and eventual dismissal of Sobusa Gula-Ndebele.

French oil group Total victim of Black empowerment regulation?

http://en.afrik.com/article17146.html

Monday 15 March 2010 / by Alice Chimora

Total (Zimbabwe), a French registered oil company is being investigated for
allegedly refusing to sell some of its expansive asserts to black
businesspeople in a bid to retain it monopoly. This comes as black oil
players seek to take advantage of recently gazetted controversial
empowerment regulations that compels foreigners to sell 51 percent stakes.

Investigations commenced at the weekend led by the country's Competition and
Tariff Commission.

Disgruntled fuel operators claim that attempts to force Total (Zimbabwe) to
dispose some assets to them are being blocked by senior officials.

Total (Zimbabwe) has scores of fuel stations countrywide with some being 500
meters from each other.

The oil company took over Mobil Oil (Zimbabwe) in December 2005 resulting in
it controlling 45 percent of Zimbabwe's petroleum business. Its reputation
as the biggest storage capacity in the country has infuriated Black oil
players.

"Total still has two or more depots co-existing in Harare, Bulawayo,
Masvingo and Gweru among other areas and this translates to excess",
National Oil Company of Zimbabwe (Noczim) marketing and distribution
director Chrispen Mashange said.

"We also have cases whereby Total Service stations are found 500m apart and
that too translates to excess. We think that Total should have disposed of
some of the sites that co-exist as holding onto them is blocking
competition" Mashange told the probe team.

Fair value

Some players in the fuel sector allege that Total was demanding "reckless
and outrageous" prices for the assets which are now too old to be sold at
high prices.

They claim Total was charging US$35 000 for a tank installed more than 15
years ago but a similar brand new tank costs US$7 000 in South Africa.

Said Sakunda, Energy managing director Kuda Tagwirei, "We are not being
given a fair value and we need an independent evaluator who will act as a
referee and give us a fair value of the assets we want to buy. The values
that Total has been pushing for in some cases are three to four times values
of new assets in South Africa."

Total representative, strategy director Stanley Hatendi told the commission
that his company had identified the excess assets as per agreement and was
only asking for a value they felt was fair to the company's shareholders.

The players said they wanted to buy Total's assets because they cannot get
land to build, as municipalities across the country are saying that there
are too many service stations in the country.

However, observers say the black oil players want to take advantage of the
recently gazetted controversial empowerment regulations that compels
foreigners to sell 51 percent stakes to blacks. The regulation took effect
on March 1.

Disputes

The gazetting of the regulations sparked disputes within the country's
inclusive government. Prime minister Tsvangirai has insisted that the
regulations were published without due process as detailed in the
constitution. He also pointed out that the law was short-sighted and
destructive as it would scare away potential investors who were willing to
give the inclusive government the benefit of doubt.

The MDC views the law as too harsh for a country that still needs to attract
foreign investment and recover from a decade long unprecedented economic
recession. They blame the collapse of the economy on what they describe as
Zanu-PF's populist policies.

Late last year Germany protested to the Zimbabwe government after the
Affirmative Action Group (AAG) threatened to expel Bonn-based international
courier services firm DHL unless it appointed a Zimbabwean to head its local
operation. AAG is a radical black empowerment lobby group which has strong
links with Zanu PF, President Robert Mugabe's party.

Replace sanctions with international arrest warrants- MDC

http://www.zimeye.org/?p=14889

By Gerald Chateta

Published: March 15, 2010

Harare - If ZANU-PF insists on its demand for the Movement for Democratic
Change(MDC) to denounce sanctions imposed on its officials by the
international community, MDC will call for their (sanctions) replacement
with international arrest warrants for all perpetrators of political
violence, an MDC official has said.

In an exclusive interview with ZimEye on Sunday MDC Director of Security
Kisimusi Ndhlamini said his party was going to call for the arrests of
perpetrators of political violence if ZANU-PF continues to pressure his
party to denounce sanctions.

ZANU-PF youths early this month marched in the city centre and gave MDC up
to 24 March as an ultimatum for the party to engage the west in the lifting
of sanctions which were imposed on its senior officials.

"As a response to that call we have decided to embark on a world-wide
campaign demanding that those who committed crimes against human rights be
given warrants of arrest and tried in the international court of justice.

"Sanctions were put as a result of human rights abuses. We have complained
that those who committed such crimes be arrested and nothing has happened.

"We are saying ZANU-PF should respect the laws of the land in dealing with
issues. The issue of sanctions is in the GPA and will be dealt with by the
principals in the government not by supporters of MDC, whom ZANU-PF is
threatening. We are worried because they are moving around threatening our
party members with the June 27 2008 atrocities if sanctions are not lifted
by 24 March.

"We know that they want to lure us into their traps of violence and I want
to say we won't fall into that trap. Instead we go legal if they want to do
anything that threatens us,"said Ndhlamini

More than 200 MDC supporters were killed in 2008 by state sponsored
terrorists. The perpetrators who include soldiers and state security agents
are still freely walking in the streets despite the MDC's calls for their
arrests.

Civic organizations who were the most victims of the 2008 terror have
produced a number of documents exposing human rights abuses that occurred
during that time.

A recent report of that nature was launched last week by Crisis in Zimbabwe
Coalition titled 'Cries from Goromonzi: Inside Zimbabwe's Torture Chambers'.

ZANU-PF accuses MDC of calling for sanctions which resulted in more than 200
of its members having their international assets being frozen. MDC rejects
that allegation arguing that the sanctions were a reaction by the west to
human and property rights abuses that occurred in 2000.

‘Significant deterioration’ of human rights slammed

http://www.swradioafrica.com

By Alex Bell
15 March 2010

A prominent German trade unionist has decried the deteriorating state of
human rights in Zimbabwe, saying he is ‘deeply concerned’ by the government’s
disregard for the rights of workers.

The president of the Confederation of German Trade Unions (DGB), Michael
Sommer, was speaking to journalists at the end of a four-day visit to
Zimbabwe over the weekend. During his visit Sommer met with trade union
leaders, workers and also with Prime Minister Morgan Tsvangirai, who is now
being urged to ensure that the government respects trade unionism in
Zimbabwe.
“I’m deeply concerned that the situation has shown significant deterioration
over the past few weeks,” Sommer said.
Sommer’s comments come after the entire leadership of the General
Agriculture and Plantation Workers’ Union of Zimbabwe (GAPWUZ) went
underground last month amid concerns for their safety. The union had faced
increased threats and harassment by officials from the Joint Operations
Command (JOC), and a number of police raids on the union’s offices in
Harare. The raids have been in response to the release of a shock report and
documentary last year, exposing the violent abuse of workers on farms seized
by the Robert Mugabe regime. Gertrude Hambira, the union’s Secretary
General, has fled to the safety of South Africa, where’s she said to be
staying in a safe house.
Sommer called the harassment of Hambira and the other GAPWUZ members
unacceptable, echoing concerns of trade union groups from South Africa and
the UK. South Africa’s union federation, COSATU, had also expressed anger
about the ‘concerted harassment and continued threats of arrests’ against
the union leadership. At the same time the UK’s Trades Union Congress, the
International Trade Union Confederation, the International Union of Food
Workers and Amnesty International have all called for an immediate and
complete end to the intimidation of GAPWUZ officials and staff.
“Freedom of association and trade union action are basic rights which must
be respected by every decent society,” Sommer said over the weekend, adding
that the International Labour Organisation (ILO) would later this month
discuss Zimbabwe’s deteriorating situation.
Lovemore Matombo, the President of the Zimbabwe Congress of Trade Unions
(ZCTU), agreed with Sommer’s assessment, explaining that there has been a
shocking increase of violations committed against trade union members over
the past year. This has been despite the formation of the unity government
more than a year ago, an event that Matombo said raised false expectations
of change and improvement.
“There has been no improvement and trade unions seem to be bearing the brunt
of increased human rights abuses,” he said, explaining that there have been
at least 178 recorded violations against workers over the past year.

Oliver Mtukudzi’s son Sam dies in car crash

http://www.swradioafrica.com

By Lance Guma
15 March 2010

Sam Mtukudzi, the son of legendary music icon Oliver Mtukudzi, died in a car
crash in the early hours of Monday morning. Police confirmed that Sam and
his sound engineer Owen Chimhare died on the spot after sustaining serious
head injuries when their truck veered off the road and rammed into the right
side of a bridge near the off ramp at Kuwadzana Extension. The 21-year old
singer and saxophonist was a passenger in the truck. Oliver, who was in
South Africa when the accident happened, is said to be devastated.

A resident in Kuwadzana told us the stretch of the road where the accident
happened is an a black spot, as it is dualized and tends to encourage
over-speeding by motorists. The road had over the years developed pot holes
until the recent road works there. A few weeks ago work to fix one side of
the road began and traffic used the other side. Newsreel was not able to
establish if repair of the potholes on the remaining side of road had been
completed. There is no suggestion yet that potholes or over-speeding caused
the crash.

The news of Sam’s death has not only robbed the Mtukudzi family, but has
taken away one of the country’s rising music stars. Soon after he left
school Sam went under his father’s wing, joining him on several overseas
music tours. Oliver spoke affectionately about how his son would continue
his musical legacy after he had retired. Every show they did together was
seen as a step forward in preparing him to eventually succeed his dad.
Unfortunately fate had other plans.

Zimbabwe Human Rights (Zimrights) Executive Director Okay Machisa spoke
glowingly about Sam after having worked with him on the Rock the Vote
campaign to encourage youths to vote in the 2008 elections. Machisa said he
traveled with Sam to South Africa on several projects, including advocacy
campaigns for the Artists for Democracy Trust and said he was passionate
about human rights.

50th anniversary of Kariba Dam

http://www.eturbonews.com/

By Gill Staden, eTN | Mar 14, 2010

On May 16, 1960, the Kariba Dam was officially opened by Her Majesty Queen
Elizabeth the Queen Mother, with the switching on of the first electricity
generators, bringing to life one of Africa's most ambitious projects.

The Kariba Dam was constructed between 1956 and 1960, creating, at that
time, the largest manmade lake in the world - Lake Kariba. At the time of
its construction, the Kariba Dam was known as "one of the engineering
wonders of the world," a double-curvature, concrete-arch, dam wall standing
at a height of 128 meters above the river bed and spanning 617 meters across
the Kariba gorge blocking the path of Africa's second largest river - the
mighty Zambezi. The building of the dam wall created an "inland sea,"
stretching 280 kilometers in length, covering an area of over 5,500 square
kilometers and holding back more than 180 billion tons of water. The dam
wall is host to two of Southern Africa's most important
electricity-generating stations, Kariba North Bank Power Station on the
Zambian side and Kariba South Bank Power Station on the Zimbabwe side,
between them generating a total of 1,320 mega watts of electricity.

The Kariba Dam has undoubtedly contributed to the economic and social
development of Zambia, Zimbabwe, and the Southern African Region. Lake
Kariba today is not only the home of one of Southern Africa's most important
sources of energy, the formation of the lake also gave birth to the town of
Siavonga and created a vibrant commercial fishing industry and a
continuously developing tourism industry offering some of Africa's most
breathtaking scenery with a diversity of fauna and flora, hotel
accommodation, sports fishing, water sports, house boating, and a variety of
other tourist activities.

The 50th anniversary of the opening of the Kariba Dam should not go
unmarked.

In Zambia, the town of Siavonga is the focal point of activities emanating
from the creation of this magnificent structure - electricity generation,
the hotel and tourism industry, the kapenta fishing industry, natural stone
mining and cutting, and a variety of other support and service industries
and commercial businesses.

It has been decided to declare the month of May 2010 the "Anniversary Month"
and a number of activities are being planned in Siavonga. All members of the
community are invited to contribute to the anniversary celebrations and help
to make this event a resounding success.

The hotel industry has proposed an itinerary for the "Anniversary Month" by
planning a number of events for each weekend of May.

Bill Watch Special of 14th March 2010 [Parliamentary Public Hearing on Provision of Telecommunication Services]

The Portfolio Committee on Media, Information and Communication Technology will be holding a public hearing on the provision of telecommunication services by fixed and mobile operators:

Interested stakeholders, organisations and members of public are invited to attend the hearing, at which they will be given the opportunity to give evidence and make representations. If you are making a written submission, it is advisable to take as many copies as possible for circulation at the meeting. If you are able to take a copy to Parliament before the meeting and give it to the Committee Clerk, she will duplicate copies for the members of the Committee.

If you want to make an oral submission, signify this to the Committee Clerk so that she can notify the chairperson to call on you. An oral submission is more effective if it is followed up in writing.

If you are attending, please use the Kwame Nkrumah Avenue entrance to Parliament, between Second and Third Streets. IDs must be produced.

Telephone queries: Harare 700181-9 or 252936-55 [ask for Committee Clerk Mrs Nyawo].

If you are unable to attend the hearing, written submissions and correspondence may be addressed to:

Attention: Portfolio Committee on Media, Information and Communication Technology

If delivering, please use the Kwame Nkrumah Avenue entrance to Parliament, between Second and Third Streets.

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

Bill Watch 10/2010 of 15th March 2010 [Zuma to Break Deadlock ?]

The House of Assembly will resume on Tuesday 16th March and is expected to adjourn soon thereafter

Ministerial Functions: The President’s controversial allocation among Ministers of responsibility for administering Acts of Parliament will be on the agenda at the next meeting of the GPA party principals, due on Monday 15th March. [See Bill Watch 8/2010 of 6th March for more on the 33 statutory instruments spelling out the assignments.] [Document containing all 33 statutory instruments available on request.]

President Zuma Expected on Tuesday: SA President Zuma is due in Harare on Tuesday 16th March for a two-day visit in an effort to break the current stalemate in the negotiations to resolve outstanding GPA issues and secure implementation of matters already agreed. His three-member mediation team will arrive on Monday to pave the way for his meetings with the party principals. [As the negotiators had only planned to meet again on the 26th March, President Zuma’s intervention may inject a note of urgency into the proceedings.]

“Sanctions”: Switzerland has followed the lead of the EU and renewed travel restrictions on senior Zimbabwe officials.

By the end of this week it is expected that both Houses of Parliament will be adjourned until mid-June. This lengthy recess is at the request of the Select Committee on the Constitution and is designed to free members of Parliament to take part in the Constitution consultative process, which the Select Committee has estimated will take 65 days. This means that the POSA Amendment Bill cannot pass through Parliament before the Constitutional outreach starts – nor can there be any amendment of media legislation. [Note: At one stage the Select Committee professed to agree that there could be no meaningful Constitutional consultation unless there were legislative reforms leading to democratic freedom of association and expression.]

· They were discussed for the second time by the Council of Ministers at its meeting on Thursday 11th March. It is expected that some amendments to the regulations will be gazetted, but these are not yet available.

· The House of Assembly Portfolio Committee on Budget, Finance, Economic Planning and Investment held a public hearing on the regulations in Bulawayo on Friday and will hold another at the Harare International Conference Centre on Monday 15th March at 10 am [for further details see Bill Watch Special of 10th March].

· They will be considered by the Parliamentary Legal Committee on Tuesday 16th March. The PLC’s principal task is to consider the constitutionality of the regulations and whether or not they are ultra vires the Indigenisation and Economic Empowerment Act [Constitution, section 40B]. [Interested parties may make written submissions only.]

· They are being analysed by the Portfolio Committee on Industry and Commerce and the Portfolio Committee on Women, Youth, Gender and Community Development [these are closed meetings].

The Senate met on 9th and 10th March. The House of Assembly did not sit last week.

Reserve Bank of Zimbabwe Amendment Bill: The Reserve Bank of Zimbabwe Amendment Bill [as amended by the House of Assembly] was passed without amendment; amendments tabled by Senator Mutsvangwa of ZANU-PF and Senator Gutu of MDC-T were dropped, following behind the scenes discussions. This means that the Bill as amended by the House of Assembly will become law once assented to by the President and gazetted as an Act. [Bill as amended by House of Assembly available on request.]

BIPPA between Zimbabwe and SA approved: The Senate approved the Agreement between Zimbabwe and South Africa for the Promotion and Reciprocal Protection of Investments. The Agreement has now been approved by both Houses. It will come into force 30 days after both countries have completed the necessary constitutional formalities; the commencement date will be officially notified in the Government Gazette in due course. [Copy of agreement available.]

· the Report of the Thematic Committee on Peace and Security on the Role of the Ministry of Agriculture, Mechanisation and Irrigation Development

· the Report of the Thematic Committee on Gender and Development on Access to Clean Water

· Senator Gutu’s motion on the Effects of Climate Change on the Food Security Situation in Zimbabwe.

POSA Amendment Bill: The Portfolio Committee on Defence and Home Affairs will meet on 15th March to finalise its report on the Bill and the public reaction to it emerging from its recent series of public hearings. The Parliamentary Legal Committee [PLC] has considered the Bill and is due to present its report to the House of Assembly this week. If the report is adverse [i.e. if the PLC has found the Bill to be inconsistent with the Constitution] the Bill’s progress is likely to be delayed while adjustments to the Bill are agreed. If the House of Assembly is able to pass the Bill before adjourning to June, the Bill will still have to go to the Senate – and the Senate will not be able to consider it until it returns in mid-June. [Available: [1] POSA with all amendments to date; [2] POSA annotated to show the effect of the changes proposed by the Bill.]

Motions: Motions on the Order Paper for Tuesday include Hon Gonese’s motion calling for a Select Committee to investigate 2008 election violence.

Question Time: There are 39 written questions to be answered by Ministers during the hour set aside for Questions with Notice on Wednesday afternoon.

On Tuesday Justice Patel dismissed the application by Professor Jonathan Moyo, MP, and three other MPs to nullify the August 2008 election of Hon Lovemore Moyo as Speaker of the House of Assembly. The main complaint was that because some MPs had displayed their marked ballot papers to other MPs before depositing them in the ballot box, the ballot was not secret, as required by House of Assembly Standing Orders. Justice Patel held that, although the evidence established that at least 6 of the 208 MPs present had brandished their marked ballot papers in front of colleagues, they had done so voluntarily after first marking the ballot papers in the secrecy of the voting booths provided. “There is nothing to show that any of the Members in the House did not cast their votes in secret or that the Members who did display their votes did so under any threat or duress. … they did so of their own free will and, more significantly, they did so after having cast their votes in secret.” [Full text of judgment available.] Professor Moyo’s lawyer has already noted an appeal to the Supreme Court.

The Attorney-General closed the State case in the trial of Roy Bennett on Monday 8th March. Defence counsel Beatrice Mtetwa immediately applied for Mr Bennett’s discharge, arguing that the State had not made out a sufficient case to put Mr Bennett on his defence. She pointed in particular to the failure of the State’s principal witness to implicate Mr Bennett in the alleged offences and to the State’s failure to prove the authenticity of email messages allegedly incriminating him. The Attorney-General opposed the application. Justice Bhunu said he would announce his decision on 31st March. If the judge grants the application for discharge, that will be the end of the case and Mr Bennett will be acquitted – which would wipe out the excuse so often put forward for President Mugabe’s refusal to swear him in as Deputy Minister of Agriculture. [Although, on the principle of innocent until found guilty, other Ministers in the past have been sworn in with criminal trials pending.] If the application is dismissed, the case will continue and the defence will have the opportunity to present its case and call witnesses.

African Consolidated Resources [ACR] has brought an urgent application in the High Court contesting the current attempt by the Ministry of Mines and Mining Development to cancel its Chiadzwa mining rights on a new ground. The Ministry’s lawyer said that no further action will be taken on the threatened cancellation until the High Court has given its decision.

Bills passed by Parliament awaiting gazetting as Acts: Financial Adjustments Bill, Public Finance Management Act and Audit Office Bill [all passed last year] and Reserve Bank of Zimbabwe Amendment Bill [which received its final reading in the Senate on 9th March].

Statutory Instruments: The only statutory instrument gazetted last week contained by-laws made by Chegutu Municipal Council.

General Notices: GN 39A/2010, gazetted on 10th March, notifies the cancellation of Mr James A.K. Mushore’s specification under the Prevention of Corruption Act [which occurred in 2004].

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