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Tsvangirai's Risks Arrest/Seeks Regional Support

15/03/2011 10:00:00

Harare, March 15, 2011 - Attorney General Johannes Tomana is going after
Prime Minister Morgan Tsvangirai whom he wants arrested for contempt of
court at a time when the Prime Minister has just left Zimbabwe on a tour to
seek regional support.

Tomana wants Tsvangirai arrested and prosecuted for his condemnation of a
Supreme Court ruling which set aside the election of former Speaker of the
House of Assembly, Lovemore Moyo.

Tsvangirai left Harare on Monday evening for a five nation regional tour to
drum up support against President Robert Mugabe’s actions where he is set to
meet the leaders of South Africa, Zambia, Mozambique, Swaziland and

He is expected to meet South African president Jacob Zuma in his capacity as
the mediator in Zimbabwe’s political talks and Zambian leader Rupiah Banda
in his capacity as the Chairperson of SADC’s Troika on Defence and Security.

SADC are the guarantors of the Global Political Agreement which brought the
transitional Government two years ago.

Tsvangirai’s regional tour comes in the wake of increased arrests of his
ministers and Members of Parliament in recent weeks.

Tsvangirai last week attacked the Supreme Court ruling saying his party
“will not accept the decision of some Zanu PF politicians masquerading as

“The decision is a clear reflection of the state of affairs at the Bench,
the Judiciary which in the post-Dumbutshena and post-Gubbay era largely
discredited itself by becoming a willing appendage of Zanu
PF,” Tsvangirai said.

“Dubious and pro-Executive decisions have been made in this era. We will not
accept the decision of some Zanu PF politicians masquerading as judges. Zanu
(PF) is trying to use the courts to subvert what it lost
in an election.”

Highly placed sources said Tsvangirai was likely to be charged under Section
82(1) subsections (a) and (b) of the Criminal Law (Codification and Reform)

The section reads: “Any person who, by any act or omission, impairs the
dignity, reputation or authority of a court – intending to do so or
realising that there is a real risk or possibility that his or her
act or omission may have such an effect, shall be guilty of contempt of
court and liable to a fine not exceeding level six or imprisonment for a
period not exceeding one year or both.”

The same section, however, allows for fair and temperate criticism of the
administration of justice, the conduct of a judicial officer or any other
decision or proceedings of a court.

Last week the Supreme Court nullified Moyo’s election as Speaker of the
House of Assembly, saying it was flawed.

This followed an appeal by Tsholotsho North MP Jonathan Moyo, MDC’s Moses
Mzila-Ndlovu, Patrick Dube and Siyabonga Ncube, who challenged his election,
arguing it was fraught with irregularities.

Tsvangirai’s MDC party has complained about abuse of the GPA, unilateralism
by Mugabe and violence that has been on the rise since January.

Spokesperson for the Prime Minister, Luke Tamborinyoka, told RadioVoP that
Tsvangirai will meet regional leaders among other stakeholders to press for
Mugabe’s censure over his violations of the GPA.

Last week Tsvangirai threatened a divorce with his partner in the
transitional government over continued abuses.

“If there is a breakdown in the relationship of the parties in the GPA, it
is important for the parties to agree on a clean divorce. As far as we are
concerned, the roadmap that President Zuma has committed himself to draw up
is the only solution to this madness,” Tsvangirai said last week.

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Energy Minister Elton Mangoma out on $5,000 bail

By Tichaona Sibanda
15 March 2011

Energy and Power Development Minister, Elton Mangoma, was on Tuesday granted
$5,000 bail, ordered to surrender his passport and told not to speak to

But one of the state witnesses is his permanent secretary, Justin
Mupamhanga, a person he deals with on a daily basis in the ministry. The two
are certain to be in contact when Mangoma resumes his ministerial duties on

Mangoma, a close ally of Prime Minister Morgan Tsvangirai, appeared at the
High Court in Harare in handcuffs and wearing green prison garb, a scene
that left his wife in tears.

Several senior members of Tsvangirai’s party attended the hearing, including
Deputy Prime Minister Thokozani Khupe, plus cabinet ministers Nelson
Chamisa, Tapiwa Mashakada and Eric Matinenga.

Mangoma, who is also the MDC-T deputy treasurer-general, was arrested last
week Thursday at his government offices.

The police charged him with abusing public office, a charge that stems from
an alleged breach of tender regulations in the purchase of five million
litres of diesel from a South African company. He has since been indicted
for trial at the High Court on 28th March.

Mangoma was being held at the Harare Remand Prison and our correspondent
Simon Muchemwa told us state prosecutors opposed bail, alleging Mangoma was
likely to abscond.

But High Court Judge Samuel Kudya dismissed this claim. He also said the
State had no tangible facts to warrant Mangoma’s conviction, a position that
suggests the state has a very weak case against the minister.

‘From what the judge said in the court, I think the prosecution team will
have to move mountains to secure a conviction because he exposed their case
as weak and with little facts to suggest a crime was committed.

‘The Judge even alluded to the fact that when Mangoma bypassed the tender
procedures, he did so in the public interest to speed up the procurement of
fuel which was in short supply at that particular time,’ Muchemwa said.

Mangoma’s arrest last week drew an angry reaction from Tsvangirai, who
called for new elections and said it was time for a ‘divorce’ in the
two-year-old unity government with Robert Mugabe.

Tsvangirai is currently on a regional diplomatic offensive to seek greater
support from the SADC regional bloc, following an intense blitz on his party
officials and activists by ZANU PF.

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Police raid party HQ in Zimbabwe

Mar 15, 1:37 PM EDT

Associated Press

HARARE, Zimbabwe (AP) -- The arrests of Zimbabweans gathered to discuss what
they could learn from uprisings in North Africa drew international
condemnation. They turned out to be just the start of harassment of people
hardline supporters of longtime ruler Robert Mugabe consider enemies.

A key aide to Morgan Tsvangirai - Mugabe's rival and partner in an uneasy
coalition - was arrested on corruption charges. The offices of Tsvangirai's
party have been raided, and members arrested. An independent civic group
leader was detained for several hours over the weekend for possessing
T-shirts police claimed were intended to incite opposition to Mugabe's
authoritarian rule.

Tsvangirai threatened last week to leave the coalition, and some are
wondering how much more he can take. Bringing down the coalition could mean
elections for which Tsvangirai's party and international observers say
Zimbabwe is not ready.

John Makumbe, a political scientist at Zimbabwe's main university, said
Mugabe and his ZANU-PF party want Tsvangirai's Movement for Democratic
Change to quit the fragile two-year-old coalition. That way, they could
return to one-party control - and place the blame on Tsvangirai.

"They want to tell Africa and the region Tsvangirai's people don't know how
to behave in government positions and they are the spoilers," Makumbe said.

Tsvangirai has grown frustrated enough with Mugabe in the past to have
briefly suspended his participation in the government. But it is clear he
does not want to play into Mugabe's hands, and that he believes he can do
more for Zimbabweans from the inside. The economy, health and education have
improved since he joined the coalition, even if political violence and
international isolation have not.

On Tuesday, a judge ordered the release on $5,000 bail of Energy Minister
Elton Mangoma, a founder of Tsvangirai's party. Mangoma spent five nights in
Harare's notoriously cramped and filthy prison after plainclothes police
took him from his ministerial offices.

He is charged with abuse of public office over a January deal to buy
gasoline from neighboring South Africa to ease regular fuel shortages in

The corruption allegations carry a possible penalty of a fine or
imprisonment of up to 15 years.

Mangoma denies wrongdoing. In granting bail, the judge told the prosecutor
the minister's fuel deal appeared to be a response to national fuel
shortages and no evidence had so far been given that he personally gained
money from it.

Small clusters of Tsvangirai supporters clapped and cheered inside the
Harare High Court as Mangoma, dressed in a khaki prison uniform and looking
drawn, was released and ordered to reappear for trial March 28.

Also Tuesday, Tsvangirai's party said 30 police "besieged" its headquarters
and arrested three staff members late Sunday.

Nelson Chamisa, a party spokesman, said efforts were still being made to
find why police took away a youth leader and two security guards taken away
while on duty at the downtown headquarters.

"No charges have yet been leveled against them," he said.

In addition, Tsvangirai's party said two of its lawmakers were arrested in
the past week for alleged threatening behavior toward a Mugabe party
provincial leader.

The Crisis Coalition, an alliance of independent civic groups, said Tuesday
its chief coordinator was detained by police for several hours on Saturday
for possessing the suspect T-shirts.

The crackdown began when activists gathered Feb. 19 to watch footage of
North African protests at what organizers said was an academic discussion on
people's rights to democratic freedoms. Police swept in and arrested scores,
most of whom were later freed. Of the group, a former opposition lawmaker
and five other activists are facing treason charges punishable by death on
allegations they were meeting to "organize, strategize and implement the
removal of the constitutional government ... the Egyptian way."

Defense Minister Emmerson Mnangagwa, a possible successor to the ailing
Mugabe, 87, has warned that any mass uprising against Mugabe would be

Military analyst Michael Quintana described the appearance of convoys of
armored cars, anti-riot trucks and water canon in the capital in the last
month as a show of force by Mugabe's military.

The French-made armored cars, delivered before an arms embargo was imposed a
decade ago, are fitted with machine gun turrets and carry up to a dozen
combat troops. The vehicles that fanned out into Harare's township suburbs
are well equipped and maintained, he said.

"It is a clear signal of the army's ability to mobilize quickly and get out
onto the streets," Quintana said.


Angus Shaw in Harare contributed to this report.

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Race for Speaker On

15/03/2011 18:09:00

Harare, March 15, 2011 - The Welshman Ncube led Movement for Democratic
Change will field Paul Themba Nyathi as the contestant for the vacant
position of speaker of parliament.

The position fell vacant after a Supreme Court ruling that the speaker
Lovemore Moyo of the mainstream (MDC-T) led by Morgan Tsvangirai, had been
elected improperly in 2008.

“Paul Themba Nyathi is a charismatic character with unquestionable
credentials to restore sanity in the house of assembly. A number of MDC-T
and Zanu (PF) legislators have great respect for Paul Themba Nyathi and none
of the level headed legislators in our house of assembly dispute the
candidature of Nyathi. As the MDC we respect the Supreme Court ruling which
we think should serve as a lesson for habitual cheats and fraudsters who
have the habit of getting into positions of authority through the back
door," said the party in a statement.

"It’s unfortunate that a party that calls itself a party of excellence has
turned out to be a party of fraudsters and pseudo democrats “ read the
statement signed by party spokesperson Kurauone Chihwai.

Chief Justice Godfrey Chidyausiku in concurrence with Judges of Appeal,
Justice Vernanda Ziyambi and Justice Paddington Garwe, ruled in favour of
Tsholotsho North House of Assembly member Jonathan Moyo and the MDC’s Moses
Mzila Ndlovu, Patrick Dube and Siyabonga Ncube who had applied to the
Supreme Court for the nullification of Moyo’s election.

Jonathan Moyo, Ndlovu, Dube and Ncube had appealed to the Supreme Court
following the dismissal of the case by High Court judge Justice Bharat Patel
early last year, where they sought to nullify Moyo’s election as Speaker of

Jonathan Moyo argued the voting process was flawed and not done by secret
ballot and that it was tainted by the behaviour of the Minister of Finance,
Tendai Biti, and five other MDC-T parliamentarians who publicly displayed
their ballot papers after casting their votes, thereby influencing the

The MPs named as having displayed their votes are Biti, Deputy Prime
Minister Thokozani Khupe, Amos Chibaya, Gorden Moyo, Severino Chambati and
Piniel Denga.

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NGO Crackdown Continues As Police Raid Czc Offices And Quizz Chikomo

HRD’s Alert

15 March 2011







Police on Tuesday 15 March 2011 raided the offices of Crisis in Zimbabwe Coalition (CZC) in search of subversive material.

About four police officers from Harare Central Police Station raided the CZC offices on Tuesday evening before proceeding to mount another search at the residence of CZC’s Director, MacDonald Lewanika.

The police, who were armed with a search warrant signed by Chief Superintendent Peter Magwenzi said they were looking for anything subversive such as T-shirts, documents and fliers or anything incriminating.

The police who included Detective Assistant Inspector Makombe Morgan and one identified as Justen confiscated some copies of the Civil Society Monitoring Mechanism reports and the Legal Monitor among other material.

During the search, the police were accompanied by Lewanika and his lawyer Tarisai Mutangi.

After the search, the police proceeded to Harare Central Police Station, where Lewanika paid an admission of guilty fine of $20.

Meanwhile, police have summoned Abel Chikomo, the director of the Zimbabwe Human Rights NGO Forum to report to Harare Central Police Station. The police visited Chikomo’s office on Thursday 10 March 2011 and advised his work mates to report to Harare Central Police Station.

Chikomo on Monday 14 March 2011 reported to the police in the company of his lawyer Harrison Nkomo and would report again to the police station on Wednesday 16 March 2011.



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Acts of harassment and intimidation against Mr. Chikomo, Executive Director of the Zimbabwe Human Rights NGO Forum
World Organisation against Torture


ZWE 001 / 0311 / OBS 035

Intimidation / Harassment


March 15, 2011

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and the
World Organisation Against Torture (OMCT), requests your urgent intervention
in the following situation in Zimbabwe.

Description of the situation:

The Observatory has been informed by reliable sources about the continuing
acts of harassment and intimidation faced by Mr. Abel Chikomo, Executive
Director of the Zimbabwe Human Rights NGO Forum in Zimbabwe (the Forum).

According to the information received, on March 14, 2011, Mr. Abel Chikomo
was summoned by the Law and Order Section of the Zimbabwe Republic Police
(ZRP) at the Harare Central Police station. Mr. Abel Chikomo, accompanied by
his lawyer, Mr. Harrison Nkomo, was interrogated by a police officer on the
work carried out by the Forum and its legal status. He was then informed
that the investigating officer in charge was away and had not left the file
or any instructions. Mr. Abel Chikomo was then allowed to leave the Police
station and informed that he will be summoned to appear on a later date. Mr.
Abel Chikomo had to report on March 15, 2011 in the afternoon and was told
that he would be summoned again at a later stage.

Over the last months, Mr. Abel Chikomo has been interrogated and asked to
report to the police on several occasions. According to the information
received, these summons were related to activities carried out by the Forum,
in particular the Campaign against Torture, the Transitional Justice
National Survey and several press statements issued in 2011 on the
resurgence of politically motivated violence.

The Observatory is concerned that these acts form part of an ongoing trend
of harassment by the Zimbabwe Republic Police against the Forum and more
generally against human rights defenders in the country, in the run-up to
the referendum on the Constitution likely to take place in September 2011
and the parliamentary elections due in November 2011.

The Observatory expresses its deepest concern about this summons and fears
for Mr. Abel Chikomo’s physical and psychological integrity. The Observatory
calls upon the Zimbabwe authorities to immediately and unconditionally put
an end to acts of intimidation and harassment against Mr. Chikomo which
merely seem to aim at sanctioning his human rights activities.

Background information

On November 11, 2010, Mr. Abel Chikomo was summoned by Bulawayo Law and
Order police regarding the Forum's public campaign against torture. Bulawayo
Law and Order police alleged that billboards put up by the Forum and calling
on the Government of Zimbabwe to ratify the Convention against Torture and
to outlaw torture were offensive.

On February 9, 2011, two days after the inception by the Forum of a
Transitional Justice National Survey, the Machipisa police in Harare
detained two researchers from the Forum and questioned them about this
survey. They released them only after receiving the assurance that Mr.
Chikomo will report the next morning to the Machipisa Police station.

The next day, on February 10, 2011, Mr. Chikomo was interrogated at the
Machipisa Police Station about the work of the Forum. The police also
insisted on the fact that the Forum required police clearance to carry out a
survey and an authorisation from the Government of Zimbabwe. After
approximately two hours of questioning, the Machipisa police said it was a
very serious matter that required the intervention of the Harare Central Law
and Order Section. As a consequence, Mr. Chikomo was transferred to the
latter   and questioned for more than six hours. Detectives from the Harare
Central Law and Order Section also visited the Forum offices in the city of
Harare on the same day accompanied by Mr. Chikomo. After the visit, he was
released without charges but the police insisted they will call him later.

On March 10, 2011, two officers from the Harare Law and Order Section
visited the Forum offices and requested to meet Mr. Chikomo who was at the
time out of the office. They then asked for the organisation's registration
certificate and number under the Private Voluntary Organisations Act. The
two officers instructed that the Executive Director should report in person
without fail on March 14, as he has “questions to answer” and needs to
provide the certificate of registration.

Actions requested:

Please write to the authorities of Zimbabwe asking them to:

i.      Guarantee in all circumstances the physical and psychological
integrity of Mr. Abel Chikomo as well as all members of the Zimbabwe Human
Rights NGO Forum and all human rights defenders in the country;

ii.     Put an end to any kinds of harassment against members of the Forum
as well as against all human rights defenders in Zimbabwe;

iii.    Conform with the provisions of the UN Declaration on Human Rights
Defenders, adopted by the General Assembly of the United Nations on December
9, 1998 and notably :

- its Article 1, which states that “everyone has the right, individually and
in association with others, to promote and to strive for the protection and
realization of human rights and fundamental freedoms at the national and
international levels”;

- Article 5 (b), which states that “For the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the right,
individually and in association with others, at the national and
international levels [...] to form, join and participate in non-governmental
organizations, associations or groups”;

- its Article 6 (b) and (c), which states that “Everyone has the right,
individually and in association with others […] as provided for in human
rights and other applicable international instruments, freely to publish,
impart or disseminate to others views, information and knowledge on all
human rights and fundamental freedoms and [...] to study, discuss, form and
hold opinions on the observance, both in law and in practice, of all human
rights and fundamental freedoms and, through these and other appropriate
means, to draw public attention to those matters”;

- and its Article 12.2, which provides that “the State shall take all
necessary measures to ensure the protection by the competent authorities of
everyone, individually and in association with others, against any violence,
threats, retaliation, de facto or de jure adverse discrimination, pressure
or any other arbitrary action as a consequence of his or her legitimate
exercise of the rights referred to in the present Declaration”.

iv.    More generally, ensure in all circumstances the respect for human
rights and fundamental freedoms in accordance with in accordance with the
Universal Declaration of Human Rights and with international and regional
human rights instruments ratified by Zimbabwe.


    * President of Zimbabwe, Mr. Robert G. Mugabe, Office of the President,
Private Bag 7700, Causeway, Harare, Zimbabwe, Fax : +263 4 708 211 / +;
    * Mr. Khembo Mohadi, co-Minister of Home Affairs, Ministry of Home
Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare,
Zimbabwe, Fax : +263 4 726 716;
    * Mr. Giles Mutsekwa, co-Minister of Home Affairs, Ministry of Home
Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare,
Zimbabwe, Fax : +263 4 726 716;
    * Mr. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary
Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4
77 29 99 / +263 4 252 155;
    * Mr. Augustine Chihuri, Commissioner General, Police Headquarters, P.O.
Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726
    * Mr. Justice Johannes Tomana, Attorney-General, Office of the Attorney,
PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47;
    * Mrs. Chanetsa, Office of the Ombudsman Fax: + 263 4 70 41 19;
    * Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to
the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy,
Switzerland, Fax: + 41 22 758 30 44, Email:;
    * Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200
Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10,

Please also write to the embassies of Zimbabwe in your respective country.


Paris-Geneva, March 15, 2011

Kindly inform us of any action undertaken quoting the code of this appeal in
your reply.

To contact the Observatory, call the emergency line:

    * E-mail:
    * Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
    * Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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Zim asylum seekers urged not to panic over UK deportations

By Alex Bell
15 March 2011
Zimbabwean asylum seekers in the UK are being urged not to panic, after the country’s most senior immigration judge on Monday ruled it was safe to start deporting people back to some parts of Zimbabwe.
Justice Blake from the Immigration and Asylum Chamber (IAC) announced a revised formal guideline for sending people back to Zimbabwe, almost six months after the UK’s Immigration Minister said that a suspension on Zimbabwean deportations would be lifted. Minister Damian Green signalled in October last year that the suspension, in place since September 2006, was to be lifted, dependent on the guidelines announced this week.
The guidelines are based on a legal review of the IAC’s findings from a country guidance case done in Zimbabwe in 2008. The original findings showed that it was still not safe for the thousands of Zimbabweans in the UK who opposed Robert Mugabe’s regime, to be sent back home. Those findings outlined a number of risk categories that Zimbabwean asylum seekers in the UK could fall under.
Immigration law expert Taffi Nyawanza, from the UK based Genesis Law Associates, told SW Radio Africa on Tuesday that those risk categories have now been “significantly narrowed.” Nyawanza explained that there has been the surprising finding that Matabeleland province has been declared “safe”, while anyone without a high profile MDC presence is also considered “not at risk.”
The new IAC judgment reads: “As a general matter, there is significantly less politically-motivated violence in Zimbabwe, compared with the situation considered (in 2008).”
“In particular, the evidence does not show that as a general matter, the return of a failed asylum seeker from the UK having no significant MDC profile, would result in that person facing a real risk of having to demonstrate loyalty to the ZANU PF,” the judgement continues.
Nyawanza pointed out that the judgement does take into account that certain areas are still deemed unsafe, particularly in Zimbabwe’s eastern provinces, where violence and intimidation by ZANU PF has been rife. However, the UK’s new guidelines for sending people back to Zimbabwe say that people must prove they have nowhere else to go if they are to be exempt from removals. The judgement has also kept teachers in a high risk category for returning.
Nyawanza explained that forthcoming elections in Zimbabwe were the major talking point for the case, with lawyers opposing the guidelines arguing that it is too early to be reviewing the 2008 findings. The IAC, in its judgement, said that its guidelines could be “departed from”, if conditions deteriorate in connection with elections. Nyawanza said that the court “lacked the courage to accept that Zimbabwe is already heading into an election period, and they deliberately avoided engaging properly on the election issue.”
But Nyawanza said it was too soon for people to panic, calling it “highly unlikely” that the UK Home Office would start mass removals because of this new judgement. He indicated that an appeal of the judgement was possibly on the cards, and said that all asylum cases will still be dealt with on an individual basis.”
“Watch this space, this is not the last we have heard of the situation,” Nyawanza said.

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Zimbabwe Could Still Hold Planned Referendum on Constitution in September

By Nelson Gore Banya - Mar 15, 2011 10:18 PM GMT+1000

Zimbabwe may still hold a referendum on a new constitition in September even
though the process is behind schedule, said Munyaradzi Mangwana, a co-
chairman of the country’s inter-party parliamentary committee.

“We lost one month but still think it’s possible,” Mangwana told reporters
today in Harare, the capital. ‘‘When we came up with September, we took the
shortage of funds into account, so we should still be able to meet the

A constitution must be agreed to before elections can take place, according
to a power-sharing agreement between President Robert Mugabe’s Zimbabwe
African National Union-Patriotic Front and Prime Minister Morgan Tsvangirai’s
Movement for Democratic Change.

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Bennett blasts Old Mutual role in blood diamonds

By Lance Guma
15 March 2011

Exiled MDC-T Treasurer General, Roy Bennett, used an investment conference
in Cape Town last week Thursday to blast Old Mutual and its ‘seedy role’ in
the “illicit diamond mining that is occurring in the Marange diamond

Bennett, forced to relocate to South Africa owing to persistent
victimization by the Mugabe regime, was very blunt in his assessment,
telling the conference that the diamond fields are controlled by the
military junta and were “attained over the dead bodies of hundreds of
impoverished Zimbabweans.”

Old Mutual has a 16 percent shareholding in the New Reclamation Group, a
company that partnered the government to extract diamonds in Marange.
Bennett expressed outrage that a respected London-listed financial services
company could continue “its investment and shareholding in a joint venture
with a disreputable scrap metal merchant and an infamous confidante of
Robert and Grace Mugabe.”

Old Mutual has tried to defend its involvement saying its “engagement
post-dated any reported wrongdoing in the mining area. As a result, Old
Mutual is most certainly not associated with activities which contravene the
human rights of citizens.” Bennett however described the excuse as
‘reprehensible and obscene’ and a ‘blowing of smoke and hot air.’

Bennett said the MDC-T have urged Old Mutual “quietly behind closed doors,
to quit their blood-stained investment” but the company has not listened and
this had forced them to “air our grievances publicly.” He reminded the
investors that “Old Mutual and its partners have benefited from the daylight
robbery of mining rights and from massacres by the army and air force of

Bennett cited the well-documented orgy of violence, where helicopter
gunships mowed down civilians in cold blood, ‘clearing the decks’ for the
junta’s illegal mining activities. He said the opportunity now existed for
international celebrities “to mount a Zimbabwean blood diamonds campaign”
and said the Old Mutual should be aware of the danger to their share price
should this campaign get underway.

Bennett also criticized Old Mutual for maintaining a significant share in
Zimpapers, the publishers of the government-controlled Herald newspaper,
among others. “If ever there was a practitioner of hate-speech and an
apostle of vice and violence, this is it. This dirty little rag plays a very
real part in the butchery and battery of our people,” Bennett said.

“These are but a couple of examples of the companies that have, and
continue, to walk the halls of shame in Zimbabwe. There is no shortage of
them. When the day of judgement comes, I will not lift a finger to save them
from the consequences of their actions,” he added.

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Air Zim Boss Arrested In Connection With Fraud

15/03/2011 18:12:00

Harare, March 15, 2011 - Police on Monday arrested a senior Air Zimbabwe
employee over a fraud case which happened at the troubled national airline
two years ago.

Informed sources told Radio VOP that the police arrested Mujere on Monday
morning as he was about to board a flight to Johannesburg.

The sources said Mujere was detained at a police post at the Harare
International Airport before being transferred to the fraud squad at
Braeside Police Station. By late Monday Mujere had been detained at Hatfield
Police Station.

Sources said the police suspect that Mujere facilitated the escaping of
Abraham Katerere, an Air Zimbabwe employee who reportedly fled to London
under unclear circumstances.

The sources said investigators are currently undertaking a forensic audit at
the national airline in connection to the fraud case involving US$2 million.

The Anti-Corruption Commission is reportedly also involved in carrying out
investigations at Air Zimbabwe.

Air Zimbabwe board chairperson Jonathan Kadzura on Monday confirmed the
investigation and the arrest of Mujere.

“It’s not quite an arrest. He (Mujere) has gone to assist with fraud. He has
only been picked because he authorised the absence of the guy who went to
the UK,” said Kadzura in reference to Katerere.

Kadzura said Mujere was arrested as he was about to travel outside the
country on Air Zimbabwe business.
“He was supposed to have gone to the police to assist them over the weekend
but he did not,” said Kadzura.

Once rated one of the best airlines on the continent, Air Zimbabwe has been
run down by years of mismanagement, government interference and lack of
financial resources.

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Gono says Mawere and the State must negotiate

by Irene Madongo
15 March 2011

Reserve Bank Governor Gideon Gono says the best solution for the wrangle
over Shabanie Mashaba Mines (SMM) is for its owner and the state to put
their past differences behind them and negotiate, in order to move forward.

Gono said this on Monday when he appeared before the Parliamentary Portfolio
Committee on Mines and Energy to explain issues relating to the
specification of SMM.

In 2004 the government, led by Justice Minister Patrick Chinamasa, took over
businessman Mutumwa Mawere’s empire, claiming he was heavily indebted to the
state and had externalised huge sums of foreign currency in the process. But
in 2010 Mawere was then declared a ‘de-specified’ person, and it was hoped
this would pave the way for a return of his companies. However, reports
suggest Chinamasa and Defence Minister Emmerson Mnangagwa are blocking this.

At his appearance before the Committee on Monday, Newsday reports that Gono
did admit that the state had used ‘political influence’ in the wrangle
surrounding SMM. When he was asked if the law had been selectively applied
on Mawere, Gono said it had been.

However he insisted it was possible for the state and Mawere to work
together in order to move forward.

“I do not believe this matter is beyond resolution because this country has
gone through much more difficult cases, which make this one less difficult,”
Gono said. “We cannot move on as a country as long as we keep on holding to
yesterday,” he added.

On Tuesday Mawere told SW Radio Africa that he does not want to fight
either. “I have no wish to fight the state,” he said. “Anyone who is trying
to find solutions can never be blamed,” he added.

But he expressed his concern that laws had been used by individuals for
personal gain, instead of national interests. “Gono himself has said laws
were applied selectively. When laws are applied selectively then we must
know that something is wrong,” he explained.

The SMM affair has meanwhile badly hit the companies workers, who have gone
for two years without salaries under the government’s control. They
eventually asked Robert Mugabe to intervene, accusing management of not
being sensitive to their plight. But their situation has not changed.

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Villagers demonstrate against Unki mine

By Stff Writer
Tuesday, 15 March 2011 17:08

SHURUGWI - About 100 villagers living around Unki platinum mine in Shurugwi
last Thursday demonstrated against management, claiming they were not given
preference in the employment of general hands as promised.

The locals claim the platinum miners promised them 75 percent of general
hand jobs when they resumed mining operations in the area.

The placard waving villagers, who barricaded the entrance to the mine forced
operations to  stop for about four hours before police were called in to
contain the situation.

The villagers also alleged that some personnel in the human resources
department were  soliciting for  goats in exchange for jobs.

“Besides not being given much preference for employment as locals, we are
asked for goats in exchange for jobs,” claimed one villager.

Some of the villagers slept at the mine entrance on Wednesday night chanting
songs, saying they also want  a fair share of the platinum mineral wealth.

Shurugwi police confirmed the incident and said 10 villagers were arrested
but were released after representatives from villagers later met Unki
management to discuss the issue.

“We were called to calm the situation and the crowd dispersed around 11 am,
after representatives from the villagers met the mine management. Ten
villagers were arrested but later released,” said the police.

Repeated efforts to contact Unki mine spokesperson James Maphosa were in
vain as his mobile number could not be reached.

Contacted for comment, the traditional leader of the area, Chief Nhema, said
it was only fair for the mine to give preference to the locals, particularly
those who were displaced to pave way for mining activities.

He said the demonstration had nothing to do with politics but empowerment of
locals who were affected by the mining activities at Unki mine.

“Look we are saying that at  least a huge  percentage of general hand jobs
go to locals living in the mining area. But at the moment less than 30
percent of the general hands at Unki Mine are from the Shurugwi area. After
this meeting (follwing the demonstration), they have only promised to look
into the matter. This is unfair and we hope the mine seriously consider this

“There is no politics involved. It all has to do with empowering locals,”
said Chief Nhema.

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Zanu PF hoodlums pull down Obama portrait

Written by Staff Reporter
Tuesday, 15 March 2011 18:13

Zanu PF thugs, accompanied by Central Intelligence Organisation, CIO,
operatives this week ordered staff and management at the Upper City Hotel on
Fife Avenue and Sam Nujoma Street to pull down a portrait of US President,
Barack Obama displayed in the bar.
The incident happened on Monday although the hotel has  Mugabe’s portrait at
its reception  as is the case with all public places. According to the
sources, the youths also ordered the removal of Argentine revolutionary,
Ernesto Che Guevara, saying they did not want to see a picture of ‘a white
The Zanu PF hoodlums, who  descended on the entertainment area  appeared to
be heavily sloshed from what seemed  to be illegal substances, said one
patron who spoke to The Zimbabwean. Upper City Hotel is a former red light
area but new management renovated the joint and banished the commercial sex
workers who patronised the place.
The hotel has changed names from Terresken then later to The Bira. Hotel
workers told The Zimbabwean that the Zanu PF youths and CIO operatives said
they could not stand the sight of the portrait of Obama in the absence of
President Robert Mugabe in the bar.
“They, (Zanu PF youths)  were very drunk and  disorderly. They said  Mugabe
had just celebrated his  87th birthday and  they would not allow the
portrait of the American president to have pride of place in a Zimbabwean
public place.” An employee  at the Upper City Hotel told this newspaper that
they now feared for their lives as the hoodlums had threatened to return to
‘assess the level of patriotism’ among patrons and workers.
“We are now living in fear because these thugs may return and that may chase
our patrons away or they may even harm us physically. They may even come and
demand free beer or loot the place,” he said. The  Zanu PF youths had no
qualms with a portrait of Zanu PF and President Robert Mugabe praise singer,
losing  Big Brother contestant,  Munyaradzi Chidzonga .
The seductive power of Marilyn Monroe also prevailed on the violent youths
as they agreed that her portrait did not have to be removed.
The storming of the Upper City Hotel appears to be part of a well planned
operation as another drinking outlet, Portugal Restaurant has been targeted
in the past two weeks by drunken soldiers and Zanu PF supporters who have
threatened to take over the operations of the outlet under the
Indigenisation and Empowerment Act.

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Zimbabwe’s economic progress ‘has become stuck’

African Development Bank seeks policy clarity, says Côte d’Ivoire threatened
with collapse, writes Nasreen Seria
Published: 2011/03/15 06:59:16 AM

ZIMBABWE’s economic progress has become "stuck" because of a lack of clarity
on policy, while Côte d’Ivoire is threatened with collapse amid a political
crisis, says African Development Bank president Donald Kaberuka.

Mr Kaberuka visited Zimbabwe last week as part of a three-nation tour of
southern Africa, urging authorities to clear up confusion about the
Indigenisation and Empowerment Act, which compels foreign companies to sell
stakes to local citizens. He also called for political parties to stick to a
power- sharing agreement or risk investors fleeing the country again.

"Zimbabwe has done the basics but now they’re stuck," Mr Kaberuka said in an
interview at the weekend in Pretoria.

"They’ve stabilised the macroeconomic environment but they can’t move" to
the next phase of development "until there’s policy clarity on property
rights, less uncertainties and more predictability", he said.

While the indigenisation laws have been passed by legislators , there have
been conflicting messages from policy makers about their implementation.

The legislation requires foreign and white-owned companies to cede 51% to
black Zimbabweans.

The Movement for Democratic Change, led by Prime Minister Morgan Tsvangirai,
formed a power-sharing government with President Robert Mugabe’s Zanu (PF)
in 2008 following disputed elections. While the government of national unity
helped end a decade of recession, it has often come close to breaking down.

The risks that a collapse in the power-sharing government would pose to the
economy "are considerable", Mr Kaberuka said.

"In the short term, confidence will be lost and re-engagement with
international partners will be seriously compromised.

"For the long-term investment outlook, it’s a no-brainer."

The power-sharing agreement "is what gave confidence for the return of macro
stability", he said. "So you understand our concern. When the global
political agreement seems to be shaky, investors get worried, external
partners get worried, and I suppose, Zimbabweans should be worried as well."

The African Development Bank, based in Tunisia’s capital, Tunis, is helping
Zimbabwe improve its debt management as it seeks to have 7bn in debt owed to
the African Development Bank, World Bank and International Monetary Fund
(IMF) cancelled.

The African Development Bank had set aside 500m to help Zimbabwe clear its
arrears, a first step towards a debt write-off, Mr Kaberuka said. A
precondition to making the funds available would be for Zimbabwe to agree on
an IMF-monitored plan that aims to sustain economic growth.

Mr Kaberuka said the political crisis in Côte d’Ivoire following a disputed
November 28 election had continued for "too long", to the detriment of the
economy and its people. Its economy "has become dysfunctional", he said.
"Credit to the economy has dried up. They’re having challenges paying the
civil service; they’re having challenges exporting cocoa and coffee. I can’t
use the term breakdown of the economy but it’s become dysfunctional. And the
entire region is becoming affected."

The African Union (AU) said last Friday it backed Alassane Ouattara as the
legal president of the world’s largest cocoa producer. Incumbent Laurent
Gbagbo, has refused to relinquish power.

The World Bank and African Development Bank have suspended funds to the
country and cocoa exports have been disrupted. "I hope the AU appeal is
adhered to because it’s a unanimous position," Mr Kaberuka said. Bloomberg

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Tsvangirai must be taught lesson: Moyo

15/03/2011 00:00:00
    by Lebo Nkatazo

PRIME Minister Morgan Tsvangirai and the deposed Speaker of Parliament
Lovemore Moyo have “opened themselves to a clear and unambiguous risk of
prosecution” following their attacks on the Supreme Court, Tsholotsho North
MP Jonathan Moyo (Zanu PF) said on Tuesday.

Tsvangirai accused Supreme Court judges of being “a willing appendage of
Zanu PF” and the former Speaker said the judges were “loyal and faithful to
the cause of Zanu PF” after they nullified Lovemore Moyo’s 2008 election.
Both now face the possibility of being charged with contempt of court.

The Tsholotsho North MP, a member of the Zanu PF politburo whose court
application ended in the Speaker's ouster, said Tsvangirai and Moyo “have a
right to attack and disagree with judgements but no right to attack judges”.

“One is a Prime Minister of Zimbabwe who has taken an oath to respect and
uphold the laws of the country. The rule of law he preaches also means
accepting that judges have a responsibility to interpret the law, no-one
else can claim to have authority in interpreting the law except the courts,”
Moyo said.

“Tsvangirai has done what nobody else in the executive has ever done. He has
undermined not only the rule of law, but his own claims to be a champion of
democracy and rule of law and proven that he has no respect or understanding
of the rule of law.
“No-one will listen to him in future when he preaches about the rule of law
because to him that means the rule of MDC-T.”

The Attorney General Johannes Tomana is said to be considering bringing
charges against the Prime Minister and the former Speaker – an action that
could further strain relations in an already tense governing coalition with
President Robert Mugabe’s Zanu PF party and a rival MDC faction led by
Welshman Ncube.

Tsvangirai was furious after the Supreme Court last week voted 3-2 to
nullify Lovemore Moyo’s election as Speaker, after finding that MPs from
MDC-T had been compelled to display their votes in what was supposed to be a
secret ballot.

Tsvangirai stormed: “This decision is a clear reflection of the state of
affairs on the Bench. A judiciary which in the post-Dumbutshena and
post-Gubbay era has largely discredited itself by becoming a willing
appendage of Zanu PF.

“Dubious and pro-executive decisions have been made in this era. We will not
accept the decisions of some Zanu PF politicians masquerading as judges.
Zanu PF is trying to use the courts to subvert and regain what it lost in an

And offering his response, Lovemore Moyo told New last Friday:
“We are aware that the majority of our people, learned men and women on the
Bench, owe it to the (Robert) Mugabe regime, and obviously it is given that
when it comes to a call when they have to make decisions, crucial decisions
for that matter, they have to pay back the master. In this case, do things
in favour of Zanu PF.
“So I was not shocked because I knew that 99 percent they would certainly
favour their master.”

But Jonathan Moyo, speaking in an interview, said the twin attacks on the
Supreme Court judges by the senior MDC-T officials was "particularly
surprising", given that judges have handed down many adverse judgements
against Zanu PF interests.

On the same day judgement was handed down in the Speaker’s case, Chief
Justice Godfrey Chidyausiku shot down the Attorney General’s appeal against
the acquittal of MDC-T treasurer Roy Bennett on treason charges. Tsvangirai
himself was acquitted on treason charges in 2004 over an alleged plot to
assassinate Mugabe.

Moyo said: “If these were Zanu PF judges doing Zanu PF’s bidding, this guy
(Tsvangirai) would be six feet under by now. He is forgetting very quickly.
We in Zanu PF were furious that he got away, but we did not call judges
MDC-T appendages.

“To be sure, citizens in a democracy have a constitutional right to disagree
with judgements, but they have no right to cast aspersions and attack the
integrity of judges.

“We can attack judgments but not judges. Attacking judgements is part of
advancing democratic space because it brings out views which the judge might
not have taken into account and helps in future cases.
“Judgments are not gospel truths, they are not biblical. They are legal.
What is legal today may not be legal tomorrow.”
Lovemore Moyo, said the MP, was especially culpable because he was a
litigant in the Supreme Court case.

“His case is worse,” said the Tsholotsho North legislator, a former
Information Minister. “His contempt is worse because here is a person who
was a second respondent in this matter and had every opportunity in the last
24 months to make his case before the courts.

“He brought a lawyer from South Africa, the son of a South African apartheid
judge, and won the case before the High Court. We never complained that it
was a political ruling.

“The High Court said their displaying of ballot papers was impolitic, and
found Moyo was one of the culprits who created the problem before the
courts. He did not challenge that finding of facts. The Supreme Court took
that as a matter of fact, and the case before it was not whether or not
there were irregularities but whether that irregular conduct violated the
constitution and rendered the contest null and void.
“He was heard and succeeded in the High Court but lost in the Supreme Court.

“What now needs to be done is to teach him and Tsvangirai that they are not
above the law, and that they are prosecutable. If this was a reckless
challenge to the rule of law, then the rule of law must take its course.
There is no better way of teaching them that lesson than hauling them before
the same court that they have held in contempt.”

New columnist and legal expert Alex Magaisa has criticised both
Moyo and Tsvangirai for their attacks on the courts, but said unfortunately
they were not the first to take aim at judges following adverse decisions.

“Some characters who today point accusatory fingers do not seem to have a
clean record when it comes to contemptuous behaviour towards the courts,”
Magaisa said. “No doubt they will justify their conduct, just as Tsvangirai
will also try to justify his recent comments.”

Magaisa recounted the Tsholotsho North MP’s attack on Justice Ismail
Chatikobo in October 2000, when he was still Information Minister. Chatikobo
had granted Capital Radio an after hours injunction stopping the seizure of
its equipment.
Moyo railed against what he said were “night lawyers going to see night
judges in a night court to seek night justice”.

After Justice Minister Patrick Chinamasa was hit with a contempt charge by
Justice Blackie for his own criticism of judges, Moyo remarked that “there
is no doubt that fair minded and law abiding citizens will see this
judgement for what it is: outrageous, sinister and a highly personalised
crusade by someone who should be packing his bags.”

Magaisa added: “It is not right for politicians – Zanu PF, MDC or whomsoever
to abuse the courts and judges yet it is also not right to apply the law
selectively. The matter needs sober minds and sober politicians to raise
their hands and clean up their act and for judges to maintain the integrity
of their office by not only dispensing justice but as the old adage goes, be
seen to be doing so.”

But Moyo insists there is no “national value” in looking back at the era of
“Rhodesian judges” when “the whole cast of players has changed from that
time in terms of judges, the attorney general, the police, the culprits, the
crimes and the times.”

“The last time I checked, Dr Magaisa was a lawyer. If I am correct, then he
should know that what he is saying is not a legal defence. And this is a
legal matter that requires a legal defence.
“If you are arrested for murder, you don’t say you are innocent because
there are other murderers out there,” Moyo said.

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Zimbabwe: an HIV prevention success story

15 March 2011

The reduction in multiple sexual partnerships major significant cause of the decline in HIV prevalence in Zimbabwe.

HIV prevalence in Zimbabwe has declined remarkably in recent years, dropping from 26% to 14% between 1997 and 2009. In a recent edition of the journal PLoS Medicine, researchers explored the reasons for this decline and examined what lessons can be learned and replicated.

Sponsored by UNFPA, UNAIDS and the Zimbabwean Ministry of Health and Child Welfare, the study pinpointed several key factors in Zimbabwe’s success. These include changes in sexual behaviour, personal experiences related to the high AIDS mortality in the country and correct information about HIV transmission.

“The behaviour changes associated with the HIV decline appear to be largely the result of people increasingly talking about HIV and its link to risky sexual behaviour,” said Clemens Benedikt, HIV prevention manager in the UNFPA office in Zimbabwe and one of the authors of the report.

The most significant cause of the decline was seen to be the reduction in multiple sexual partnerships, with a 30% fall in men reporting extra-marital relationships. This can be partly attributed to the success of HIV prevention programmes, both mass media and those based on inter-personal communication through the church, work-place, friends and family. Such programmes stressed the protective effect of having fewer partners and promoted condom use during casual sex.

According to the study, there have been a number of significant shifts in sexual norms. For example, in previous years, men gathering in beer halls and bottle stores tended to be surrounded by women, some of whom were sex workers. Now, it is more typical for such places to be men only.

The entrenched economic crisis has also played a role. Men reported having less money to spend on sustaining multiple partnerships as well as using the services of sex workers. However, this is noted as a secondary factor given that the most severe effects of the financial crisis were felt after 2002 when most of the decline in HIV incidence had already happened.


Another apparent spur in behaviour change was high AIDS mortality. AIDS-related deaths increased significantly during the mid- to late-nineties and stabilized after 2000. Many women and men in the authors’ focus groups reported that knowing people who had died as a result of AIDS was a large motivating factor to modify their own sexual behaviour.  According to the study, the policy of home-based care for people living with HIV adopted in Zimbabwe may have also contributed to this phenomenon as people were brought face-to-face with the reality of AIDS in their own homes.

“Zimbabwe provides a clear example of the profoundly positive results that behaviour change can bring about in an effective AIDS response,” said Bruce Campbell, co-author of the report and currently UNFPA Representative in Viet Nam. “People can and do look at their individual and collective circumstances and make informed decisions about how to protect themselves and others, especially in an environment where information and education interventions highlight the link between sexual risk behaviour and HIV.”

The authors also argue that Zimbabwe's experience highlights the importance of prevention in an effective and sustained response to HIV, despite the growing availability of antiretroviral drugs. According to UNAIDS, globally there are still two new HIV infections for every one person starting treatment and prevention efforts make up only around 20% of AIDS-related spending in low- and middle-income countries.

Similar to the Zimbabwean example, HIV prevention success has been achieved in a number of countries in sub-Saharan Africa. According to the latest UNAIDS report on the global epidemic, some 22 countries have reduced the rate of new infections by more than 25% between 2001 and 2009. These include several other countries with the region’s highest prevalence, including South Africa and Zambia. And in many cases, it is young people who are leading the ‘prevention revolution ‘and changing their behaviour by deciding to delay sex, having fewer partners and using condoms.

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Job vacancies in Zimbabwe

Hello out there.  Work in and for Zimbabwe. Help grow our nation. Check out the vacancies below. If you’d like to receive this sort of information by email each week drop us a note saying “subscribe” to info [at] kubatana [dot] net

Strategic Planning Specialist (HEAD – RCO)
Deadline: 16 March 2011

Location: Harare
Type of Contract: FTA International Post
Level: P-4
Languages Required: English
Starting Date: (date when the selected candidate is expected to start) 01-Apr-2011
Duration of Initial Contract: 1 Year


The role of the United Nations in Zimbabwe has become increasingly important, as both the Government of Zimbabwe and its Development Partners consider the United Nations Country Team to be a key strategic partner and as playing a vital role in coordinating and channelling support to the country.

The country is currently in a complex and rapidly changing context of transition, which increasingly engages the UNCT as a significant partner in Zimbabwe’s development. Moreover, ongoing humanitarian needs, as well as varying shifts to recovery, posit the UN as a considerable player in supporting and leading the transition to a sustainable state of recovery, from relief to development.

In order for the UNCT to successfully fulfill its mandate, increased capacity is needed to respond to these circumstances. The United Nations Inter-Agency Support Unit (RCO) is supporting the UNCT in these processes. Accordingly, this Unit is working under the leadership of the UN Resident Coordinator, providing comprehensive support in his role as convener of the UNCT. Consequently, the United Nations Inter-Agency Support Unit is also working to provide a platform between the activities of OCHA, UNDP, UNDSS, and UNIC, all functions falling within the mandate of the UN Resident Coordinator.

Therefore, with the enhanced role of the United Nations, and the ensuing increased role of the United Nations Inter-Agency Support Unit to support the UNCT, a strong, flexible and versatile support office with strategic policy, advisory, planning and advocacy skills is required.

The Zimbabwe UNCT is seeking to recruit a Strategic Planning Advisor / Head of RCO to advance UN coherence efforts in order to improve the impact of the UN’s activities. The Strategic Planning Advisor / Head of RCO, will work under the direct supervision of the Resident Coordinator and in close collaboration with the UNCT. The post is a Management Project Funded position.

For more information and to apply, please visit

Variety of positions: USAID project
Deadline: 18 March 2011

Chemonics International, a U.S. based international development consulting firm, is seeking professionals for an anticipated four-year USAID-funded project in Zimbabwe that will promote economic growth. The project’s objective is to promote poverty reduction and increased employment within a supportive macro-economic environment. We are looking for individuals who have a passion for making a difference in the lives of people around the world.

We are seeking technical specialists in the following areas:

- Macroeconomics/applied economics
- Economic policy /business enabling policies/ pro-poor or inclusive growth policies
- Labor market economics
- Public finance
- Private sector competitiveness and governance
- Financial sector regulation and sector-specific policy: extractive industries, agricultural, energy
- Regional trade and integration
- Monitoring and evaluation & data management
- Communications & public outreach
- Gender and human rights
- Human capacity building, professional training
- Institutional capacity building and strengthening
- Legal drafting and training
- Finance manager/ accountant
- Grants/Contract/Office Management Specialist

Qualified candidates will have:
- An advanced degree preferred in a related field (i.e. macroeconomics, education, or Juris Doctor);
- Proven record in successful delivery of technical assistance and ability to provide capacity building;
- Proven managerial/supervisory experience and strong writing and interpersonal skills;
- Experience with USAID highly preferred;
- Experience working collaboratively with the government of Zimbabwe, international donors, and local organisations;
- At least 5-10 years of experience promoting economic growth, capacity building, and/or policy reform;
- Fluency in English is required

Application Instructions: Send Curriculum Vitae, cover letter, and at least 3 professional references to ZimbabweSERArecruit [at] chemonics [dot] com

Please indicate area of technical specialty or position title in the subject line. No telephone inquiries, please. Finalists will be contacted.

Chief Social Policy, National Officer: United Nations Children’s Fund (UNICEF)
Deadline: 21 March 2011

Vacancy Notice No. Zim/2011:07
NOD Level based in Harare, Zimbabwe (Fixed Term Post)

UNICEF, the world’s leading children’s rights organization, has an opening for passionate and committed professionals who want to make a lasting difference for children in Zimbabwe. We are seeking people with a commitment for women and children, high drive for results, demonstrable embracing of diversity, integrity, demonstrable teamwork, good self-awareness and self-regulation.

Purpose of the Job:

Under the supervision of Representative, this position is accountable for effective engagement in social policy dialogue with the Government for programme development, advocating for increased public resource allocation and budgeting towards the social sectors and sustainable decentralization of social services and local capacity building in support of the goal of universal coverage of essential social services and the creation of a protective environment for children. Conducts data collection and analysis to fill information gaps and to strengthen capacity for advocacy for children’s rights, and to support the Millennium Development Goals (MDGs) and the World Fit for Children (WFFC) agenda.

Major Tasks to be accomplished:

1. Current information on state budget and spending patterns and decentralization status of social services are monitored and updated on an on-going basis to support advocacy for decentralization and universal coverage of essential services.
2. Decentralization of social services is made sustainable through adequate local support, keeping decentralized services both accessible and effective. Programme plans of action are developed for children at provincial and district/municipality levels; coordination between sectors is increased and links between different levels of government structures for policy implementation are strengthened.
3. Data-driven analysis is provided for effective prioritization, planning, development, and results-based management for planning, adjusting, and scaling-up specific social policy initiatives.
4. Advocacy efforts are effectively made to raise awareness on children’s rights with both the general public and with policy makers and to ensure local buy-in and continued relevance of UNICEF programming.
5. Effective partnerships with the Government, international financial institutions, UN agencies and other agencies established to enable sustained and proactive commitment to the Convention of the Rights of the Child and the Millennium Development Goals for continuing worldwide progress of the UNICEF mission.
6. UNICEF social policy programme effectively planned, implemented and managed in support of the country programme.
7. Support to government capacity in child-friendly budgeting.
8. Assistance to government in aid coordination and aid effectiveness.
9. Support to all of UNICEF program sections in sector policy and budget analysis.

Qualifications and Competencies:

- Advanced university degree in Economics, Policy, Social Sciences, International Relations, Political Science, International Finance, or other relevant disciplines.
- At least eight years of relevant professional work experience.
- Developing country work experience (for IP) or field work experience (for NO).
- Good analytical and organizational skills and ability to work in a multicultural environment.

If you have experience of working in a similar capacity, meet the above profile and want to make an active and lasting contribution to build a better world for children, send your application quoting vacancy notice number to the following address.

HR Specialist
(Vacancy Notice No. 07: Zim-2011)
UNICEF, 6 Fairbridge Avenue,
P O Box 1250
Belgravia, Harare

Or email: hararevacancies [at] gmail [dot] com

Only candidates who are under serious consideration will be contacted.

Two (2) Regional Finance Officers: VSO
Deadline: 21 March 2011

Based in: Nairobi, Kenya OR Lusaka, Zambia
Salary: £26,000 – £29,000 per annum

VSO is a leading international development organisation that fights poverty through people. We deliver relevant and cost effective work that promotes volunteering to fight global poverty in over 50 countries around the world.

We currently have two vacancies, one covering East Africa (based in Nairobi) and one covering Southern Africa (based in Lusaka). With principal responsibility for restricted funding in each region, the Regional Finance Officer plays a key role in supporting and advising programme offices in managing their donor grants, budgets and reports, and building up programme office capacity in finance and donor contract related matters. The role also covers general financial management work relating to country offices where priorities and time allows.

The position is part of a matrix management structure, working closely with the Finance Manager International Programmes, Regional Director and members of the Regional Management and Support Team.

We are looking for a person who is:

- Part or fully qualified accountant
- Has experience of donor-related financial management and reporting
- Able to develop strong and effective relationships with programme staff in different countries and work in a regional support team that is spread across the world
- Organised and self-motivated and able to achieve results

Substantial travel within the region and to/from the UK is expected. Please visit×2%29 for more information. When applying please include details of your current compensation package and salary expectations. Please include the Equal Opportunities Form with your application.

5 (Five) vacancies: Parliament of Zimbabwe
Deadline: 27 March 2011

Applications are invited from suitably qualified and experienced professionals for the following positions:

1. Counsel to Parliament

Location: Counsel’s Office
Reports to: Clerk of Parliament

Main Job Purpose
To provide legal services to Parliament Administration and Committees

Job Description
The Counsel to Parliament, Deputy Clerk/Principal Director level will be responsible for providing the following legal services to the Parliament of Zimbabwe:
- Advising Parliament on all legal matters pertaining to the execution of its mandate
- Rendering written and oral legal advise
- Statutory interpretation and legislative analysis
- Analysing and advising on service agreements and other legal documents
- Ensuring regulatory compliance in all the operations and dealings of Parliament
- Providing secretariat services to the Parliamentary legal Committee
- Attending to litigation, including instruction and liaising with external Counsel
- Performing any other duty assigned b the Clerk of Parliament

Personal Attributes
- Demonstrated maturity and ability to work in a multicultural and political setting
- Excellent written and communication skills
- Professionalism and personal integrity
- Demonstrated solid work ethic
- Ability to work under pressure

Job Specification
- Bachelor of Law Degree
- At least 5 years working experience, preferably in a public office
- An interest in and thorough knowledge of Constitutional and Administrative law
- Competence in legal drafting
- A post graduate legal qualification in law or public administration is an added advantage
- Sound knowledge of Parliamentary Practices and Procedures

2. Deputy Clerk

Location: Procedural Office
Reports to: Clerk of Parliament

Main Job Purpose
To carry out specific procedural and administrative duties

Job Description
- Management of assigned departments
- Providing procedural advice to Presiding Officers and Members of Parliament
- Undertaking Table duties in the Houses of Parliament
- Performing any other duties as may be assigned by the Clerk

Personal Description
- Demonstrated maturity and ability to work in a multicultural and political setting
- Excellent written and communication skills
- Professionalism and personal integrity
- Demonstrated solid work ethic
- Ability to work under pressure

Job Description
- A Social Science, Arts or Law degree
- A relevant Masters’ degree would be an added advantage
- A minimum of 8 years relevant working experience, of which 3 years must have been spent at a senior management position
- Sound knowledge of Parliament Practices and Procedures

3. Research Officers x 3

Grade: 8
Location: Information Services Directorate
Reports to: Director Research

Main Job Purpose
To provide research and analysis services.

Job Description
- Providing proactive and reactive research and analysis to Portfolio Committees
- Conducting research on socio-economic and political issues as they impact on Zimbabwe
- Preparing speeches for Presiding Officers and Senior Officials of Parliament, as required
- Attending workshops, seminars and conferences
- Assisting MPs with information pertaining to the development of their constituencies
- Preparing Bill digest and fact sheets
- Creating and updating databases, including Informatics Project
- Writing reports
- Liaising with relevant government agencies, institutions, institutions of higher learning, research institutions and other stakeholders

Job Description
- An honours degree in Economics, Rural and Urban Planning / Geography / Environmental Studies and Sociology
- Demonstrable research or policy formulation or implementation experience at university, government department or institution of similar standing
- Advanced verbal and written skills in English
- Sound interpersonal and organisational skills
- Candidates with Masters Degree or other postgraduate qualifications are preferred

Conditions of service and other benefits will be disclosed to short listed candidates. Female candidates are encouraged to apply for Posts of Deputy of Clerk and Counsel of Parliament.

Applications together with detailed Curriculum Vitae, copies of certified educations and professional certificates, three referees and contact details can be sent to:

Clerk of Parliament
P. O. Box CY 298


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Desperate times in Zimbabwe-the MDC must pull out now

Vince Musewe*|
15 March 2011 10:47

My message to Mugabe is that the only way out is out.

JOHANNESBURG - Picture this: An MDC minister of energy is arrested on
allegations of misuse of public office. In the mean time, the home affairs
minister who is in the same party and allegedly in charge of the police
force has no clue why her colleague was arrested and where he is being held.
While this is all happening, Zimbabwe is hosting an investor’s conference
after announcing that they are taking over companies and mines. In addition,
hundreds of millions of diamond proceeds are missing and the minister of
mines cannot account for them and yet he is scot free. With all this
nonsense happening, the MDC cries foul while Mugabe flies off, once again to
another international African gathering.

I know that I have spoken before on what needs to happen in Zimbabwe but it
is obvious to some of us now that the end of ZANU (PF) is near. Desperate
times required desperate measures and we are beginning to see the scenario
play itself out in Zimbabwe. As ZANU (PF) realises that there time is coming
to an end, we are bound to see things become worse. I am told that violence
and intimidation are now on the increase especially in the rural areas and
the plan is to arrest and discredit as many MDC members as possible. I
therefore will not be surprised if the finance minister or even Morgan
Tsvangirai himself are the next to be arrested on frivolous charges.

In my opinion, if anyone has misused the public office and should be
arrested it is Mugabe and his ministers. For many years, we have watched how
they all have plundered the resources of the country, misused public office
and promoted violence. The MDC must now seriously consider pulling out of
this government of national unity which has worked to prolong ZANU (PF) grip
on power. The only difference between Qaddafi and Mugabe is that the latter
has not started bombing Zimbabweans but I would not put that past him.

In the event that the MDC does pulls out, one would expect more pressure and
tangible action from the international community for credible elections to
be held sooner rather than later. But is that about to happen? I don’t think
so, we are going to see further deterioration of conditions in Zimbabwe and
the worst is yet to come.

In my opinion, Mugabe has prevailed to date because of the support he gets
from other African leaders. The SADC has been conspicuous by their absence
in condemning violence and the lack of freedoms in Zimbabwe while the
African Union is irrelevant and ineffective. Our only hope is for South
Africa to put more pressure on Mugabe and also freeze his assets as we have
seen in the case of Qadaffi. Sanctions must be intensified and maybe
ordinary Zimbabweans will rise to the occasion. I have written off Zimbabwe’s
business people as agents of change. Can you imagine that some of them were
even heard complaining that an Egypt style uprising would be disruptive to
business! What a cheek.

My message to Mugabe is that the only way out is out. Sooner rather than
later the dictator shall fall.

Vince Musewe is an independent Zimbabwe economist based in South Africa. You
may contact him on

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Constitution Watch Content Series 1/2011 of 14th March [ADeclaration/Bill of Rights]



[14th March 2011]

A Declaration or Bill of Rights

Most modern constitutions have a declaration or bill of rights setting out fundamental rights and freedoms that are specially protected by the constitution.  Declarations of rights have a long history.  English-speaking people regard their first as the Magna Carta of 1215, while the French look to the Declaration of the Rights of Man and of the Citizen, which was adopted at the beginning of the French Revolution in 1789.  The practice of including a statement on rights in constitutions became prevalent after the UN General Assembly adopted the Universal Declaration of Human Rights in 1948.  The first constitution in this country to have a declaration of rights was the short-lived 1961 Constitution, and thereafter all our subsequent constitutions have contained one.

Why have a Declaration/Bill of Rights?

The purpose of a declaration/bill of rights is to protect the rights of citizens and ordinary people living in the country.  Although generally these rights must not be overridden by the government, some have to be qualified.  Rights cannot always be absolute – they may have to be limited to allow the government to govern effectively in the interests of all its citizens, and some have to be balanced with the rights of others.  But it is important that any limitations on the rights that are protected by a Declaration/Bill of Rights should be spelt out.  Hence a declaration/bill of rights also has to set out clearly, unambiguously, specifically and not in general terms the ways in which a government may legitimately limit the rights of its citizens and how they are to be balanced with the rights of others. 

Should a Declaration/Bill of Rights be Enforceable?

If people are to be protected against oppression or undue interference by governments, the rights contained in a declaration/bill of rights must be enforceable.  They are usually enforced through court challenges to laws which violate them.  For example, media practitioners have successfully challenged some of the provisions of AIPPA.  Sometimes, however, the challenge may be directed at an executive action rather than a law – e.g. the conduct of the police in prohibiting a meeting.  And sometimes the challenge can be directed at people other than the Government or its agents:  for example if an employer breaches an employee’s constitutional right to fair treatment, then the right can invoked against the employer.  Whatever the precise way in which a declaration/bill of rights can be enforced, it must be enforceable.  If a declaration of rights is “non-justiciable” [that is, if courts cannot strike down laws and actions that contravene it] then it would serve no purpose whatsoever.

What Rights Should be Protected by a Declaration of Rights?

General considerations

Originally, only civil and political rights and freedoms — for example, the right to a fair trial and freedom of expression and association — were protected by constitutional declarations of rights.  Social, economic and cultural rights such as the right to education and the right to work, were not usually so protected, though some constitutions have included them in a statement of principles to guide government policy.  The South African Constitution protects some social and economic rights because it was felt that the rights to housing, health care, food and water, for example, were crucially important to most people in an economically unequal society such as South Africa’s.  The same considerations would apply to Zimbabwe:  indeed, one of the questions COPAC asked in its outreach programme was what social, economic and cultural rights should be included in the new constitution. 

Incorporation of International Instruments?

A constitutional declaration of rights should cover at least the main rights and freedoms that are recognised internationally;  indeed, it has been suggested that it should cover all of them, perhaps through a provision saying something like: “Laws of the legislature must not violate any rights recognised by international conventions to which Zimbabwe is a party.”  Such a provision would have two drawbacks, however:

·      International instruments are usually broadly and loosely drafted, whereas rights that are protected by a constitution must be defined clearly and unambiguously so that the government and its subjects know precisely what they can and cannot do.

·      A provision along the lines suggested above would allow a government to remove the constitutional protection from any right simply be renouncing or withdrawing from the treaty which embodied the right.

Should it be possible to amend the Declaration of Rights?

Peoples’ ideas of what rights are important vary over time.  The French Declaration of the Rights of Man and of the Citizen, for example, was silent on the rights of women — a serious omission by present-day standards.  And Magna Carta, in addition to protecting subjects against arbitrary punishment and the expropriation of their property without compensation — rights which are still regarded as fundamental in most countries — also protected men against arrest on the accusation of a woman, a right which could hardly be claimed nowadays.  The fact that attitudes towards fundamental rights may change is important for two reasons:

·      Only rights that are truly fundamental should be included in a constitutional declaration of rights. 

·      A Declaration of Rights is not only for the present, but also for future generations.

·      Although a constitutional declaration of rights should not be easily amendable [because if it is governments may be tempted to limit or abolish rights that have become politically inconvenient] it should not be completely unamendable.  Like the rest of the constitution, a declaration of rights may need to be altered from time to time.

Specific Rights

What follows is a brief [and by no means complete] selection of specific rights that should be protected by our new constitution, and some of the problems associated with them:

Right to life

This right is so fundamental that it obviously must be included, but in defining its extent two questions arise:

·      Should the right cover unborn foetuses [i.e. should abortion be permissible]?

·      Should the death penalty be allowed?

Incidentally, it should be noted that even if the constitution allows abortion and the imposition of the death penalty, they may be restricted or prohibited by the ordinary law.

Right to liberty

This right protects people against arbitrary arrest and detention, but should it extend to protection against imprisonment for failure to pay a civil debt?  Civil imprisonment is prohibited by article 11 of the International Covenant on Civil and Political Rights, to which Zimbabwe is a party.

Protection against inhuman or degrading punishment or treatment

This protection obviously should be included in a declaration of rights, but does it impliedly prohibit the imposition of the death penalty?  The South African Constitutional Court said it did, and our Government amended the current constitution to say it didn’t, thereby preventing the Supreme Court from tackling the issue.

Protection against discrimination

Again this should be included, but how far should it go?  Our current constitution has been amended over the years to extend the grounds on which discrimination is prohibited to cover sex, gender, marital status and physical disability.  Should it be extended further, to include sexual orientation?  This is controversial in present-day Zimbabwe, but it should be remembered that the International Covenant on Civil and Political Rights requires parties [of which Zimbabwe is one] to give equal protection under the law to everyone without any discrimination whatever.

Freedom of expression

According to the French Declaration of the Rights of Man and of the Citizen, this freedom is one of the most precious of all human rights.  It includes freedom of the press and media, though press and media freedom are often dealt with separately.  So important is this freedom to democracy that it should be subjected to minimal restriction, but some modern declarations of rights [for example, the one in the South African Constitution] expressly state that it does not cover “hate speech”.  If this freedom were given proper respect in Zimbabwe, crimes such as undermining public confidence in the Police Force or ridiculing the President — if they existed at all — would be difficult to prosecute successfully.

Freedom of movement and residence

This is an important right, particularly in the light of Zimbabwe’s history of racial segregation.  The South African Constitution adds a right to a passport to this right, and the same should be done in our new constitution since a passport is essential for the lawful exercise of the right to freedom of movement.

Access to information and right to administrative justice

These are relatively new rights, intended to promote governmental transparency and fairness.  In a country such as Zimbabwe, whose political processes have always been cloaked in secrecy and where government action has often been arbitrary, it is vital to have these rights enshrined in the Constitution.

Political rights

These rights encompass the right to join and form political parties and to enjoy — that is, to contest and vote in — free and fair elections.  By their nature these rights are generally confined to citizens, though this does not mean that non-citizens should be prohibited from all political activity.  A difficult problem, in the case of Zimbabwe, is how to allow members of the Diaspora to enjoy these rights — which, it should be noted, they are currently entitled to under section 23A of the present Constitution.

Property rights

The right to hold and own property, and protection against arbitrary deprivation of one’s property, are enshrined in the Universal Declaration of Human Rights and in most constitutions.  Rightly so, because there is a clear link between strongly entrenched property rights and economic development.  Nevertheless property rights cannot be absolute because private property may have to be taken for public purposes (for example, building roads), and a country’s constitution must take this into account, usually by requiring any such taking to be procedurally fair and to be accompanied by adequate compensation.

Our new constitution must tackle three additional problems:

·      What to do about the commercial farmers whose land was seized in the previous government’s resettlement programme?  The farmers have not yet been compensated for their losses.

·      What to do about people who are not using farmland productively?  Should the law allow them to be dispossessed?  More generally, to what extent should the law control the ways in which people use and dispose of their own property?

·      How can the sometimes antagonistic rights of miners and farmers be reconciled?

Rights of women and children

Women and children should be given special protection in a new constitution, because they are particularly vulnerable.  It is not enough, for example, merely to state that discrimination against women is prohibited:  they need to be encouraged to take their equal place in society.

Social, economic and cultural rights

Some of these rights should be included in the Declaration of Rights in the new constitution, because of the economic gulf between the élite [who don’t need special protection] and the vast majority [who do].  The rights which are essential to the maintenance of a reasonable standard of living are:

·      the right to basic health care;

·      the right to fair and safe working conditions, including the right to join a trade union and the right to take industrial action;

·      the right to free education, at least to primary level, because an educated workforce is the key to economic growth;

·      the right to adequate food and clean water.  No government of a properly-functioning modern State can allow its people to starve or to suffer from inadequate or polluted water supplies.

·      The right to housing and shelter.

It must be made clear in the Declaration of Rights that the government is responsible for assuring these rights.  

Even if the fulfilment of these rights is dependent on the government having adequate resources – the rights are not meaningless because the government is obliged to make resources available if it possible to do so.  If a government wastes its resources providing luxury vehicles and housing for ministers and other officials it would be open to aggrieved citizens to sue the government and demand a responsible allocation of resources.

Limitations on Fundamental Rights

The Declaration of Rights in our present Constitution proceeds by setting out each right, then a long list of exceptions where the right is either limited or is declared to be inapplicable.  This has been criticised on the ground that the Constitution gives rights with one hand and then takes them away with the other.  The approach adopted by the South African constitution avoids this criticism:  it has a general clause allowing the rights to be limited so long as the limitation is justifiable in an open and democratic society based on human dignity, equality and freedom.

Should all the rights be subject to limitation?  The draft constitution produced by the Law Society lists certain rights that cannot be limited, namely the right to life, the right not to be tortured or enslaved and the right to equality.  A provision along these lines would not be necessary if there is a general limitation clause similar to the one in the South African constitution, because a law which allowed slavery, for example, could not be regarded as justifiable in an open and democratic society.

Democracy and a Declaration of Rights

Although a declaration of rights is a feature of most modern democratic constitutions, in one sense it is undemocratic in that it restricts the power of a democratically-elected government to pass laws overriding those rights and usually gives unelected judges the power to invalidate democratically-enacted laws which contravene the declaration of rights.

The point is not a valid one, however.  Democracy consists of more than the holding of free and fair elections, and encompasses such concepts as tolerance and respect for the rights of others.  A government which rides roughshod over the fundamental rights of its people is not democratic, even if it was elected by a majority of the people.

The point does, however, illustrate one important factor that must be borne in mind when drafting a declaration of rights.  The declaration must be comprehensive enough to protect the fundamental rights of individuals, but it must not be so restrictive that it inhibits the power of a democratically-elected government to govern the country properly.  If it is unduly restrictive, the government may seek ways to amend it or, failing that, may try to circumvent it by unconstitutional means.

Final Observation

We must guard against putting a meaningless declaration of rights into our new constitution.  A well-crafted declaration of rights can make even the most despotic régime look warm-hearted and caring.  The Rhodesian Constitution of 1969, for example, had a declaration of rights similar to the one in our present Constitution, but it was non-justiciable [that is, courts could not strike down laws that contravened it, and the government was free to enact whatever repressive laws it chose].  Also, without a government that respects its people and observes the rule of law, and without an independent and impartial judiciary, a declaration of rights, however fine sounding, is worse than useless.


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

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BILL WATCH 10/2011 of 15th March [Parliamentary Update]

BILL WATCH 10/2011

[15th March 2011]

The House of Assembly has adjourned to Tuesday 22nd March

The Senate has adjourned to Tuesday 29th March

Election of New Speaker

Following the Supreme Court judgment of 10th March setting aside the election of Mr Lovemore Moyo as Speaker of the House of Assembly, the first business of the House when it resumes is to elect a new Speaker.  In terms of both the Constitution and House of Assembly Standing Orders, the House cannot transact any business until a new Speaker has been elected.  [See Bill Watch 9/2010 of 13th March for more on the court case and the election of a new Speaker.]

Resumption of the House may be delayed:  If preparations are not in place for an election to be held on Tuesday 22nd when the House is due to resume, the Clerk of Parliament may fix another date for the election.

If there is more than one candidate, the election, as required by Standing Orders, will be conducted by the Clerk of Parliament by “a secret ballot”. It was this secret ballot requirement the Supreme Court said had not been observed in the Moyo case – six MPs, after marking their ballot papers in the privacy of the polling booth, showed their marked ballot papers to colleagues before depositing them in the ballot box. Both the Clerk and MPs now have the Supreme Court judgment to guide them as to what constitutes a secret ballot. 

ReminderThose eligible for election are persons who are or have been members of the House of Assembly and are not members of the Cabinet, Ministers or Deputy Ministers. Lovemore Moyo is free to stand for re-election and the MDC-T are likely to support him, although no official statement has been made.  ZANU-PF is still consulting, but the State press says it is “likely” that Simon Khaya Moyo, the party’s national chairman, will be nominated.  He is a former MP.  The other candidate in the August 2008 election was Paul Themba Nyathi, a former MP put forward by the then MDC-M, and there is talk that he may be put forward again in the hope that he may be a compromise candidate.  Another suggested name as a compromise candidate has been former Speaker Mr Cyril Ndebele, who is respected by all parties.

Voting Strengths  Current party strengths in the House were given in Bill Watch 9/2010 of 13th March. The actual numbers present for the vote may be affected by MPs being unavoidably absent through illness or official travel commitments or, in the case of MDC-T MPs, detention in police cells or remand prison, although obviously the parties will do their best to get all available members to attend.  The Clerk of Parliament has ruled that Lovemore Moyo cannot now resume the Matobo North seat he won in the 2008 parliamentary election and therefore he cannot have a vote.

The election is decided by a simple majority.

Parliamentary Update

Both the House of Assembly and the Senate sat last Tuesday [House 2 hours 22 minutes, Senate 1 hour 23 minutes] and Wednesday [House 3 hours 6 minutes, Senate 1 hour 21 minutes].  

In the House of Assembly Last Week


General Laws Amendment Bill  [See Bill Watch 7/2010 of 5th March for a commentary on the Bill.]  The Parliamentary Legal Committee [PLC] and the Minister of Justice reached a compromise over this Bill.  In order to avoid an adverse PLC report on the Bill’s amendments to the Copyright and Neighbouring Rights Act  and the Civil Aviation Act, the Minister has agreed to:

·      withdraw the copyright clause, clause 16.  This clause would prohibit the publication of texts of Acts, statutory instruments, court judgments and public records without Government permission.  Veritas made submissions to the PLC and the Portfolio Committee on Justice, Legal and Parliamentary Affairs that this clause is an unconstitutional infringement of 20 of the Constitution, which protects freedom of expression, contrary to openness and transparency in government, and against regional best practice.  [See Bill Watch 44/2010 of 31st October 2010.]

·      modify the civil aviation clause, clause 7.  This clause would allow the Civil Aviation Authority to impose monetary “civil penalties” for contraventions of aviation regulations, without allowing the alleged offenders any recourse to the ordinary courts of the land.  A civil penalty would be payable for every day a contravention continued.  In a submission to the portfolio committee on Justice, Legal and Parliamentary Affairs, civil aviation industry stakeholders argued that the clause would infringe their constitutional right to have their civil rights and obligations decided by the courts [Constitution, section 18].  The modification will allow these civil penalties to be challenged in court.  

The Bill will receive a non-adverse report from the PLC, conditional on the agreed changes being made.  This will clear the way for presentation of the Bill after the House comes back on 22nd MarchNote this is a clear example that lobbying Parliament can be effective in leading to modification of government proposals and better laws being passed.

Small Enterprises Development Corporation Amendment Bill received a non-adverse report from the PLC and passed its Second Reading.  It now awaits its Committee Stage. 

National Incomes and Pricing Commission Amendment Bill was introduced on 9th March and referred to the PLC.  The portfolio committee will hold a public hearing on the Bill on 15th March.

Deposit Protection Corporation Bill is still awaiting its Second Reading debate [for summary see Bill Watch 8/2010 of 6th March].

Motions  Two motions were debated: 

·      Right to Housing  The Report of the Portfolio Committee on Public Works and National Housing calls for the right to housing to be recognised as a constitutional right.

·      Review of Local Authority Acts  This MDC-T motion calls for the Urban Councils and Rural District Councils Acts to be reviewed in the light of unwarranted interference in local authority management by Minister of Local Government Ignatious Chombo of ZANU-PF.  MDC-T contributors accused Dr Chombo of abusing his position for personal as well as political gain.

Question Time [Wednesday]  There was a slightly improved Ministerial attendance and questions dealt with included:

Repossession of foreign-owned companies  Minister of Industry and Commerce Welshman Ncube said recent statements by ZANU-PF threatening takeover of foreign-owned companies did not represent government policy.

War veterans teaching liberation history in schools  Minister of Education David Coltart said government policy was that only qualified teachers should be employed in schools, and urged MPs not to politicise education.

Violence  Minister of State for National Healing Ndlovu said the Police Commissioner-General’s recent utterances on violence were unfortunate and undermined the work of his ministry.

International Agreements approved  The House approved two agreements under section 111B of the Constitution:

·      Zimbabwe-Brazil Agreement on Cultural Co-operation concluded in Brazil on 16th September 1999

·      International Convention against Doping in Sport.

In the Senate Last Week

POSA Amendment Bill   Not dealt with.  The Bill has dropped to the bottom of the agenda pending finalisation of the procedural changes needed to allow Mr Gonese to speak to his Bill in the Senate although he is not a Senator.  [Electronic version of Bill as passed by House of Assembly available.]

Other Bills  None.  Output is awaited from the House of Assembly. 

Motions:  There was brief debate on two new motions:

·      Inclusive Government’s Achievements and Failures  This was introduced by Senator S Ncube [MDC].  Lack of progress on national healing was mentioned by some Senators; others said the country was not ready for elections. 

·      Peace and Security Thematic Committee’s Report on Role of Ministry of Foreign Affairs in Maintaining Peace and Security in Zimbabwe.  The report gives an overview of the Ministry’s functions and the challenges it faces, and catalogues the Ministry’s assessment of its achievements.  

Parliamentary Committees

Reserve Bank Governor Gideon Gono failed to give evidence to the Portfolio Committee on Mines and Energy on 7th March. Dr Gono pleaded other national duties and said he would attend at a later date. Continuing its investigation into the closure of the Shabanie and Mashava asbestos mines, the committee wants him to throw light on allegations of externalising foreign currency levelled against Mutumwa Mawere and his SMM companies prior to the Government’s takeover of the asbestos mining group. The Secretary for Home Affairs told the committee that his Ministry’s investigations into Mr Mawere and SMM had failed to unearth evidence of wrongdoing, leading to the lifting last year of their six-year specification under the Prevention of Corruption Act.  

. Update on Bills

Bills Passed and Awaiting Presidential Assent and Gazetting as Acts  [Electronic versions available] [Proof-reading and printing has to be completed before submission to the President for signature.]  

Criminal Laws Amendment (Protection of Power, Communication and Water Infrastructure) Bill

Attorney-General’s Office Bill 

Zimbabwe National Security Council Amendment Bill 

Energy Regulatory Authority Bill

Bills in Parliament [see above]

Bills being printed for presentation in Parliament – None

Statutory Instruments and General Notices

The Government Gazette of 11th March contained no statutory instruments at all, and no General Notices worth noting.

Requests for available electronic versions should be emailed to


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