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Mtetwa
remanded in police custody until April
http://www.swradioafrica.com
By Violet Gonda
20 March
2013
Human rights lawyer Beatrice Mtetwa has again been denied bail and
will
remain in custody until April 3rd. Four MDC-T officials, including
Prime
Minister Tsvangirai’s legal advisor Thabani Mpofu, who were arrested
at the
same time as Mtetwa, have also been remanded in custody to next
month.
Harare provincial magistrate Marehwanazvo Gofa dismissed the
human
rights lawyer’s bail application on Wednesday even though the High
Court had
ordered her release on Monday.
Gofa said Mtetwa would
interfere with police investigations if freed on
bail, although one of her
lawyers, advocate Thabani Mpofu (same name with
accused MDC official) had
offered to surrender title deeds to one of Mtetwa’s
properties. Mpofu said
his client was a suitable candidate for bail as she
had not committed an
offence and had no criminal record to induce her to
flee. The lawyers will
appeal in the High Court for her release.
Mtetwa was arrested while
attending to her clients – Mpofu, Felix Matsinde,
Mehluli Tshuma and
councillor Warship Dumba , who are being charged with
contravening a section
the Official Secrets Act for allegedly receiving or
communicating secret
information; and sections of the Criminal Law
Codification and Reform Act
for alleged impersonation and for possession of
articles for criminal
use.
They are being accused of running an NGO and impersonating police
officers
in order to compile corruption and criminal dossiers against
government
officials, such as Local Government Minister Ignatius Chombo and
Attorney
General Johannes Tomana.
Mtetwa is being accused of
obstructing the course of justice by insulting
and shouting at police
officers who were raiding her clients’ premises
without a search warrant.
But many shocked Zimbabweans took to twitter and
Facebook to register their
‘disgust’ at the latest developments saying ‘only
in Zimbabwe is a person
denied bail for insulting police officers’,
especially when a higher court
had ordered the lawyer’s release.
The Zimbabwe Lawyers for Human Rights
said Mtetwa had been ill-treated and
humiliated in police custody on Monday.
The group said two male police
officers “entered her detention cell at
Rhodesville Police Station in the
dead of the night and attempted to remove
some blankets that covered her.”
Mtetwa’s lawyers protested that the
police had not allowed Mtetwa to take a
bath while in police custody and
also denied her relatives and lawyers
access to her.
Speculation is
rife that the feisty lawyer is being punished because of the
work she does
defending rights activists, journalists and political
opponents. She has
over the years been the chief defence counsel for many
activists and it is
suggested that this is part of a grand plan to stall her
efforts. She is
known to speak frankly and is not intimidated by the
powerful state
machinery when defending her clients, to such an extent that
she is
respected by judges and lawyers alike.
Mutare lawyer Tinoziva Bere said
he is disappointed by the latest
developments but is not surprised, as
similar cases have happened in the
past, as in the case of MDC minister and
lawyer Eric Matinenga, who spent
two week in jail in 2008 after the
magistrate disobeyed two High Court
orders.
He told SW Radio Africa:
“This is to punish her beyond any proportion to
whatever wrongs she might
have done and they will continue for as long as
they want. They did it with
Farai Maguwu. Remember he was kept in jail for
so long and afterwards he was
found guilty of nothing. That’s Zimbabwe for
you.”
He said the state
won’t release her until they are satisfied they have
punished her
enough.
These arrests took place a day after the nation voted
overwhelmingly for a
new constitution and concerns have been raised about
the fact that it does
not matter how good a constitution is, if the people
in power decide to
ignore it.
Lawyer Brighton Mutebuka said Mtetwa’s
continued incarceration, in defiance
of a High Court order, only serves to
emphasise the fact that not enough
reforms have taken place to justify an
election.
Bere said a new constitution will not change the failure of
institutions of
governments in this country. “It is the change in the
institutions of
government which professionalizes them and makes them
independent and free
from partisan politics. It is only that which will
transform this country.”
“So I am not excited about a new constitution. I
am proud that I did not
participate in that sham. I know that it is not just
a piece of paper which
will transform Zimbabwe,” Bere added.
Police
motives questioned over targeting of PM aides
http://www.swradioafrica.com
By Alex Bell
20
March 2013
Serious questions are being asked about the targeting of a
group of aides in
the Prime Minister’s office, who have been remanded in
custody for the next
two weeks.
Four people, including three former
public prosecutors, Thabani Mpofu, Felix
Matsinde and Mehluli Tshuma, as
well as a Harare City councillor Warship
Dumba, were arrested on Sunday and
then denied bail on Wednesday. They have
been remanded in custody until
April 3rd.
Mpofu, Matsinde and Dumba are all members of staff in the
research division
of the Prime Minister’ office. Tshuma is believed to have
been assisting the
research team.
The four were arrested on Sunday
after a police blitz that included
unwarranted searches of their homes and
of the home of a fourth member of
staff in the Prime Minister’s office, Anna
Muzvidziwa.
Mpofu’s lawyer, Beatrice Mtetwa, was also arrested after
asking the police
to produce a search warrant.
The Avondale based
communications office of the Prime Minister was also
later searched by
police.
The arrested group was held and questioned for several hours at
Harare
Central Police station. Anna Muzvidziwa was later released into the
custody
of her lawyer and will be called on as a state witness in the case
against
her colleagues.
But the five others, including Mtetwa, have
remained locked up since Sunday
Mpofu, Matsinde, Tshuma and Dumba have
been formally charged for allegedly
impersonating police, possession of
articles for criminal use and breaching
the Official Secrets Act. Mtetwa has
also been charged for allegedly
‘obstructing the course of
justice’.
Prime Minister Morgan Tsvangirai has insisted that the four
individuals
arrested on Sunday are members of his staff, after the police
claimed they
were employed by an NGO group called IDA-Zimbabwe. The police
spokesperson
Charity Charamba said the Prime Minister’s communications
office ‘belonged’
to IDA-Zim.
“To try and bring them into the Prime
Minister’s Office is mischief. They
are not civil servants assigned to the
Prime Minister’s Office by the Public
Service Commission. Some of them have
been suspended by the civil service
and some of them have been fired,”
Charamba was quoted as saying by the
state run Herald newspaper.
The
Prime Minster then responded, stating: “I notice from some press reports
that our Communications Office in Avondale is now being referred to as the
office of some non-governmental organization. The motive for that is
certainly sinister.”
McDonald Lewanika, the Director of the Crisis in
Zimbabwe Coalition, said on
Wednesday that “there is more than meets the eye
in this case,” saying the
police’s motives for targeting the four accused
was ‘suspicious’.
There are suggestions that the police are after Mpofu
and his three
co-accused because they were compiling a dossier that would
reveal massive
corruption by some senior government
officials.
Lewanika told SW Radio Africa that the case against the four
“is not about
them doing anything wrong, but may be about them being in
possession of
information that incriminates senior members of the police
force and the
government.
“ZANU PF and those who support them and the
repressive arms of the state
have seen the kind of impact that the release
of this information has. So
they are trying to clamp down on this. And that
is why the four are being
targeted,” Lewanika said.
He meanwhile said
that the police’s claims that an NGO is funding the
research arm of the
prime Minister’s office was an attempt to side-track
observers from the real
case.
“If indeed they worked for IDA-Zim, what is the issue? Working for
the PM or
an NGO is not a crime. Doing research is not a crime. The police
need to
explain their motives for this,” Lewanika said.
Beatrice Mtetwa's arrest
shows all is not well in Zim
http://mg.co.za/
20 MAR 2013 00:00 - NICOLE FRITZ
Beatrice
Mtetwa is paying the price of resisting authoritarianism - she is
spending
her third night detained in a Harare police cell.
"You know this has to
be done, somebody has to do it, and why shouldn’t it
be you?” That is
Zimbabwe’s most prominent human rights lawyer Beatrice
Mtetwa’s
matter-of-fact explanation for why she does the work she does.
Some might
say that doing the same thing over and over – as Mtetwa does in
providing
legal defence in virtually every high-profile, politically
motivated case in
Zimbabwe – and expecting different results is the
definition of insanity. In
the context of Zimbabwe, it is the price required
to resist
authoritarianism.
At present, Mtetwa spent her third night detained in a
Harare police cell,
ostensibly for “obstructing the course of
justice”.
In fact, she sought to provide assistance to a client, Thabani
Mpofu, a top
official in the prime minister’s office when his home was
raided on Sunday
morning, demanding of the police that they produce a search
warrant.
As Mtetwa explained: “The view I take is that [the police] have
been
obstructing me in my duties as a lawyer. I have a client whose rights
have
been violated, and I am unable to help him because I am now an accused
myself.”
More revealing than the arrest itself were the developments
that followed.
Throughout Sunday police indicated to Mtetwa’s lawyers that
she would be
released. Only late in the day, when it seemed unlikely that
her lawyers
could secure an urgent court hearing, were they informed that
police
intended to pursue the charges.
As it happened, her lawyers –
Zimbabwe Lawyers for Human Rights – were able
to file an urgent application
seeking her release. The order was granted by
the high court just before
midnight.
Her lawyers then attempted to serve the order on the various
responsible
parties but were deliberately frustrated as police transferred
Mtetwa from
one police station to another in order to avoid
compliance.
As of Tuesday morning, having spent two nights in police
detention, Mtetwa
remains in custody.
There are several aspects to
note about the pedestrian illegality with which
the Zimbabwean police
conducted themselves: firstly, this was not a raid
specifically directed at
Mtetwa.
She was collateral damage – caught up in action directed at
officials from
Prime Minister Morgan Tsvangirai’s office. There is no
comfort to be drawn
from this fact. Were Mtetwa to have been a direct
target, deemed a
sought-after antagonist, the police’s shameless flouting of
the law might be
more explicable. That the illegality regarding Mtetwa was
opportunistic only
points to how widespread and endemic the impunity enjoyed
by police and the
security sector is.
Secondly, Mtetwa’s arrest comes
on the heels of a referendum to endorse a
new constitution that, whatever
its other limitations, contains strong
protection of the rights of those
arrested and detained. Constitutions are
works-in-progress, to be given
vigour and dimension by those who seek to
uphold and extend their
protections. Mtetwa might have been relied upon to
breathe life into the new
constitution. But without a clear and unambiguous
departure from a past
characterised by harassment and intimidation of human
rights defenders and
by impunity for Zimbabwe’s police and security sector,
the promise of the
new constitution will be laid to waste – its protections
made impossible to
realise.
Finally, Mtetwa’s treatment will not be unfamiliar to her. She
knows well
the modus operandi of the police. Mtetwa has described the
experience of
circling police stations on foot, calling out for her clients
because police
routinely denied holding them in order to deny them legal
access. Only last
week Mtetwa accompanied Jestina Mukoko of Zimbabwe’s Peace
Project to Harare
Central after police announced they were staging a hunt
for Mukoko on the
specious grounds of her running an “unregistered
organisation”. In 2008
Mukoko was abducted by state security agents,
tortured and detained for
several months. Mtetwa has herself been brutally
beaten by police on two
occasions.
With Mtetwa in police detention,
her court ordered release flagrantly
ignored, it is hard to imagine that
anyone can credibly contend that, as
matters stand, there exist realistic
prospects for free and fair elections
later this year. But if concerned
observers outside Zimbabwe can afford such
enervating fatalism, it is not an
option available to those inside Zimbabwe.
As Precious Chakasikwa of
Zimbabwe Lawyers for Human Rights remarked: “For
every Beatrice Mtetwa that
these state agents and institutions put behind
bars and attempt to
embarrass, humiliate and punish without lawful cause,
there are 10 other
human rights lawyers waiting to take up the mantle.” As
they must, if there
is ever to be a different outcome.
Nicole Fritz is the director of the
Southern Africa Litigation Centre.
New
constitution may come into effect end of April
http://www.swradioafrica.com
By Tichaona
Sibanda
20 March 2013
The new constitution that was voted for
overwhelmingly in a referendum on
Saturday will only come into force on its
promulgation by President Robert
Mugabe, a top MDC-T official said on
Wednesday.
Douglas Mwonzora, who as COPAC co-chairman was part of a
committee that
oversaw the drafting of the new charter, said it will come
into effect when
all the legal formalities are done.
‘The
Constitutional and Parliamentary Affairs Minister, Eric Matinenga, is
to
gazette the Bill on the 28th of this month. This will give Zimbabweans a
month to satisfy themselves that the document they voted for is the same
that will be presented to Parliament.
‘When it is tabled before
Parliament we don’t expect much debate because the
people who are
represented by their parliamentarians have already endorsed
the document,’
said Mwonzora.
The Nyanga North MP told SW Radio Africa that he can only
speculate when the
country’s new constitution will become law, and that it
could be the end of
April.
Mwonzora said as COPAC they welcomed the
adoption of the new constitution,
saying it was going to be a victory for
Zimbabwe and for the many people who
fought long and hard for a new
constitutional dispensation.
Final results released by the Zimbabwe
Electoral Commission on Tuesday
showed that nearly 95 percent of voters
approved the constitution, compared
with 5.5 percent who voted No, and the
total votes cast turned out to be the
highest in any poll since Independence
in 1980, beating the previous record
set in the 2002 presidential
election.
Mwonzora explained that when the constitution does become law
it will take
effect in stages, but certain parts of the charter, such as the
Bill of
Rights, devolution, and chapters on elections, will take effect
immediately
and supersede the existing provisions that may be in conflict
with them.
‘This means that citizens shall be able to enjoy the
entitlements within the
Bill of Rights as soon as it takes effect. Where
Parliament will be required
to enact some laws to effect some changes as
stated in the proposed
constitution, the current constitution shall
apply,’
He emphasized that the forthcoming general election will be held
under the
regulations of the new constitution.
It is expected the
principals might decide on a date for elections as early
as next week,
during their Monday meeting. However sources tell us that the
principals
could choose between two dates, June 29th and July 27th. Both
dates fall on
a Saturday.
Mwonzora said the most important thing was not a question of
a date for
election but the conditions they will be held under.
‘The
most important question is the quality of those elections, the
conditions
under which they are going to be held. In our view as the MDC, we
insist on
elections held in free and fair environment under conditions that
guarantee
free expression of the will of the people of Zimbabwe,’ said
Mwonzora.
'Team of Rivals': Uneasy Zimbabwe Coalition
Government Nearing End Ahead Of Summer Elections
The contentious power-sharing arrangement between
Zimbabwe’s President Robert Mugabe and Prime Minister Morgan Tsvangirai is set
to end with elections expected as early as July.
-
REUTERS
Zimbabwe's President
Robert Mugabe (R) and Prime Minister Tsvangirai (L) have shared power since
2009, following hotly contested
elections.
On Saturday, Zimbabweans voted overwhelmingly to approve
a new constitution in a referendum backed by both Mugabe’s and Tsvangirai’s
political parties.
The new constitution imposes presidential term limits to
two five-year terms, but won't be applied retroactively to Mugabe, who has been
in power for 33 years.
“This is a new political dispensation and I hope it
brings in a new political culture -- from the culture of impunity to the culture
of constitutionalism,” Tsvangirai said after casting his vote in the
referendum, the
Standard reported.
No date has been set for the elections, but the earliest
possible vote would have to be held in July,according to the
BBC.
Mugabe, 89, and Tsvangirai, 61, have run a coalition
government since 2009 after disputed elections that were fraught with
inconsistencies and marred by violence and voter intimidation at the hands of
the Zimbabwean security forces, whose leadership has largely backed
Mugabe.
Mugabe’s party, the Zimbabwe African National Union –
Patriotic Front, or Zanu-PF, holds a majority in the Senate while Tsvangirai’s
party, the Movement for Democratic Change, or MDC, holds a majority in the
legislature’s lower chamber, the House of Assembly.
As the two parties prepare to face off in the elections,
reports of politically-motivated violence and intimidation of MDC members and
other opposition groups have begun to surface.
International advocacy group Human Rights Watch has
spoken out recently on what it says is increasing police aggression in
crackdowns on public demonstrations.
“Police harassment and arrests of civil society activists
has worsened as elections get closer,” said Tiseke Kasambala, Africa
advocacy director at Human Rights Watch, in a statement. “The government needs to stop this police abuse of
power and hold those responsible to account.”
The group alleges that police are engaging in a “campaign
of politically-motivated abuses” against critics of Mugabe and the Zanu-PF
party.
On Sunday, human rights lawyer Beatrice Mtetwa was
arrested on an obstruction of justice charge after she offered to represent four
employees of the prime minister’s office, who've been accused of impersonating
police officers.
“Zimbabwe’s authorities cannot expect to create a
rights-respecting environment ahead of elections in the context of repression,
harassment, and intimidation of civil society activists,” Kasambala
added.
NCA
rejects referendum results
http://www.swradioafrica.com
By Nomalanga Moyo
20 March
2013
The National Constitutional Assembly (NCA) on Wednesday rejected the
results
of Saturday’s referendum saying the ‘yes vote’ did not mean that
Zimbabweans
were endorsing the new constitution.
In a statement, the
group said it did not believe that by voting ‘yes’
Zimbabweans were
accepting the draft constitution.
Part of the statement said: “We reject
in toto the notion that Zimbabweans
have spoken and have accepted the Draft
Constitution. We hold that the “Yes”
vote is illegitimate. The referendum
result is therefore illegitimate and
not acceptable to us.”
The NCA
argued that: “95% of those who voted yes neither saw nor read the
draft
constitution, 95% of the “Yes” voters knew nothing about the contents
of the
Draft Constitution. The yes voters, by their own admission, said they
were
voting yes because they were following orders from political leaders to
do
so.”
The group also argues that those who voted yes were misled by
politicians as
such, “the draft constitution will remain undemocratic and
unacceptable when
it becomes the constitution of Zimbabwe.”
Speaking
at a press conference before issuing the statement, the group’s
chairperson
Lovemore Madhuku, mentioned the limited publicity material and
resources
available for the referendum, and what he described as hate speech
by the
Prime Minister, as some of the reasons why the process was
undemocratic and
not credible.
Zimbabwe’s constitution-making process was led by the three
political
parties in the coalition government, will all the parties
encouraging their
supporters to vote in favour of the draft.
The NCA
said this deprived the people of Zimbabwe from making an informed
and
independent decision on the process, and simply ensured that people did
what
they were told to do.
The group said coverage of the referendum campaign
was one-sided, with the
‘No’ campaigners being denied access to the public
media, a situation which
meant voters were blocked from hearing both sides
of the argument.
“Where voters are prevented by self-serving politicians
from accessing
alternative views, a “Yes” is invalid”, the statement further
states.
The group revealed that it will now be concentrating on its
crusade for a
new, democratic and people-driven constitution by intensifying
“its efforts
for a rejection of the so-called new Constitution just as it
has campaigned
for the rejection of the Lancaster House
Constitution.”
The NCA press conference was also attended by MDC 99
president Job Sikhala,
Munyaradzi Gwisai of the International Socialist
Organisation, as well as
Raymond Majongwe, who were part of the ‘No’
campaign.
Sikhala thanked the 179,000 Zimbabweans who rejected the draft
constitution
despite the lack of resources for the ‘No’ campaigners, while
Gwisai said
the process revealed “an unprecedented unity of the ruling
class” rather
than a free and fair referendum.
Referendum
observers barred from counting centres
http://www.swradioafrica.com/
By Alex Bell
20 March
2013
An election watchdog group in Zimbabwe has raised concern that
observers
during the weekend referendum were barred from at least one
counting centre,
and were blocked from knowing the results.
The
Election Resource Centre (ERC), which had a team of accredited observers
dispatched across the country, said in a report this week that all observers
were told to vacate the counting centre in the Glen View South Constituency
as soon as the results of the voting in that area were received.
The
observers are understood to have been told they were not at liberty to
disclose or display the results, because they were being channelled to the
national command centre. The ERC quoted an official at the Glen View South
command centre as stating that he had the “exclusive discretion to make (the
results) public or not.”
“Such utterances are clearly contrary to the
provisions of electoral
legislation and regulations,” the ERC said, adding
it was “grossly
concerned” with these reports.
The ERC also raised
concern that at some polling stations in Nyami Nyami,
Seke
and Mount
Pleasant, the voting results were not being displayed but were
instead being
channelled directly to the counting centres.
The ERC said this conduct
flies in the face of legal regulations stipulating
the management of a
referendum scenario. These rules say that the results of
a local vote count
need to be made public at the polling stations. Zimbabwe’s
electoral laws
also allow for accredited observers and journalists, as well
as counting
officials and police, to be present during the collation
process.
“The ERC therefore calls upon election administrators to
exercise
consistency in the observance of electoral regulations, which
inevitably
would limit suspicions of manipulation of the electoral
outcomes,” the ERC
said.
EU to
decide on sanctions next week
http://www.dailynews.co.zw
By Fungai Kwaramba, Staff Writer
Wednesday,
20 March 2013 10:01
HARARE - Senior members in President Robert
Mugabe’s Zanu PF are likely to
be removed from the European Union (EU)
sanctions list this week after the
27-member bloc endorsed the referendum
which it was using to gauge democracy
in the country.
Last June, the
EU promised to review travel bans and financial embargoes on
Mugabe and his
inner cabal if the country holds a free and credible
referendum.
Although Zimbabwe blocked the EU from observing the
referendum, the grouping
of Western countries says the Sadc assessment of
the referendum process
that took place on Saturday was satisfactory and
could see more of Mugabe’ s
loyalists removed from the travel
bans.
EU ambassador Aldo Dell’ Ariccia who managed to observe the
referendum along
with four other embassy staff, said the bloc will decide on
rewarding Mugabe
this week.
“We need an agreement of all parties in
the European Union, discussions will
be carried and we expect results end of
this week,” said Ariccia.
“The referendum — if we consider the Sadc
observer team — was a very
successful and democratic
exercise.”
Rugare Gumbo, Zanu PF spokesperson yesterday said Zimbabwe
does not depend
on the goodwill of the EU.
“We don’t have to depend
on the EU for anything. We have said it before that
they should lift
sanctions unconditionally,” said Gumbo.
Last month the EU lifted an asset
freeze and travel ban on 21 Zimbabweans
including six ministers from
Mugabe’s Zanu PF out of 112 currently on an EU
blacklist after Mugabe and
Prime Minister Morgan Tsvangirai agreed to a
draft
constitution.
While there were isolated incidents of violence
particularly in the volatile
Mbare Constituency — the referendum that was
held on Saturday last week was
largely peaceful and received endorsement
from the Sadc observer team —
which has the highest number of
monitors.
The Zimbabwe Election Commission run by Supreme Court judge
Rita Makarau
acted “professionally” to the delight of monitors including the
EU.
“The referendum was professionally carried out and we think that Sadc
statement responds to the event. The only problem was the presence of the
police in polling stations but all in all it was a good exercise,” said
Ariccia.
“The EU has made it clear that a peaceful referendum would
justify an
immediate suspension of the sanctions,” Ariccia said.
In
2002 the EU imposed targeted sanctions on Mugabe and his inner cabal
allegedly because of human rights abuses by the then Zanu PF regime.
Regional
Leaders To Discuss Zimbabwe
http://www.voazimbabwe.com
Blessing
Zulu
19.03.2013
WASHINGTON — The Southern African Development
Community (SADC) Troika on
Politics and Defense is expected to meet soon to
discuss the referendum and
a request by Zimbabwe's Prime Minister Morgan
Tsvangirai for an
extraordinary summit ahead of elections later this
year.
Mr. Tsvangirai met with the SADC observer mission in the country
for an hour
on Friday and urged the regional body to convene a full SADC
summit to focus
on Zimbabwe and "help to cement a roadmap to free, fair and
credible
elections.”
The Prime Minister cited the need for security
sector and media reforms.
He also expressed concern at the resurgence of
violence and the apparent
police crackdown on human rights organizations and
Movement for Democratic
Change (MDC) party supporters. The SADC team also
met with President Robert
Mugabe to discuss the overall political
situation.
SADC executive Secretary Tomaz Salomao told VOA Studio 7 that
the troika of
the organ on politics, defence and security cooperation will
consider Mr
Tsvangirai’s request for a summit.
Would a SADC
summit put pressure on Zanu-PF to ease up on the opposition?
Human rights
lawyer Jeremiah Bamu has his doubts, saying SADC monitors are
in Zimbabwe
now, yet the police crackdown continues.
SADC facilitated
negotiations for the setting up of the coalition government
in Zimbabwe
after violent and inconclusive elections in 2008.
President Jacob Zuma of
South Africa has been helping the three parties in
government to negotiate
a so-called roadmap to new elections.
Mugabe
invites pope to Africa to pray 'for the sinful world to repent'
http://www.timeslive.co.za
Sapa-AP | 20
March, 2013 14:25
Zimbabwe's President Robert Mugabe says he wants
Pope Francis to visit
Africa because he is "a man of God who will be praying
for all of us,
praying for the sinful world to repent."
Mugabe
attended the Pope's inaugural mass on Tuesday despite a ban on him
travelling to most European countries to protest his human rights record and
alleged vote rigging in violent elections.
Vatican City is not
affected by the ban. Vatican officials said
representatives of all world
governments were welcome to come.
On his return from Rome, Mugabe urged
reporters to go to church, lead a
morally-guided life, avoid heavy drinking
and write well without putting in
"a twist like all journalists do for
propaganda," the Zimbabwe Herald
newspaper, a government mouthpiece,
reported Wednesday.
Mugabe embarasses the Vatican just by turning up in
Rome
AP /Andrew
MedichiniUnwanted guests:
Robert Mugabe and wife Grace
Full Comment’s Araminta Wordsworth brings you a daily
round-up of top-quality punditry from around the globe. Today: Robert Mugabe is
one of the Vatican’s perennial embarrassments.
Like an alcoholic uncle who insists on showing up at
family gatherings, the bloodsoaked Zimbabwean tyrant and practising Roman
Catholic pops up at important papal events. He attended John Paul II’s funeral
in 2005 and beatification in 2011.
Mugabe was at it again this week, checking in for
Pope Francis’s inauguration, despite being banned from travel to European Union
nations. Tuesday he was photographed shaking hands with the new pope. To add
insult to injury, Mugabe was allegedly schooled by Jesuits, the order to which
Francis belongs.
The trip will also enable Mugabe’s wife Grace to
satisfy her taste for luxury goods — her shopping opportunities have been
somewhat limited by the travel ban.
Said an obviously unhappy Vatican
spokesman: “The Holy See
informs everyone that this event is taking place. There are no invitations.
There are no privileges and no one is refused. While one country may have
problems with someone else, we invite no one. This must be made
clear.”
As CNN’s Hada Messia and
Joe Sterling report,
The presence of a man widely regarded as a brutal
dictator, juxtaposed with a pope who preaches peace, has raised eyebrows.
Vincent
Nichols, the Roman Catholic archbishop of Westminster, who attended the 2011
ceremony, said, according to the Daily
Mail, that Mugabe’s record on human rights was deplorable and “it felt
uncomfortable to be in his presence.”
Back in Mugabe’s unfortunate country, it’s business
as usual: Police repression, subversion of democracy, unlawful detention and
intimidation of opponents from Morgan Tsvangirai’s Movement for Democratic
Change. This came as Zimbabweans voted on a draft constitution, which would set
presidential terms. They will now be limited to two of five years
each.
Turnout was understandably low — only about
one-third of registered voters — as the change won’t enable them to get rid of
Mugabe. The 89-year-old, who has ruled since independence more than three
decades ago, obviously plans on quitting only when he’s being carried out, feet
first.
That
way he won’t have to cope with the mess he has created. In addition, as Petinna
Gappah noted in The
Guardian,
There are certainly some troubling compromises in the
constitution. During its first 10 years, if a president died or resigned from
office, the party of that president would choose the new president, meaning that
Zimbabwe could well end up with a president that no one had voted for. A
strengthened constitutional court is weakened by a provision that in the first
10 years it is to be composed of the current judges of the discredited supreme
court. On the charged issue of land ownership, the constitution falls far short
of international norms of non-discrimination. Compensation for expropriated land
will depend on whether land belonged to someone “indigenous” – a not
particularly subtle code for black.
Nehanda Radio’s Somerset
Masikati sees little hope for change as long as
Mugabe hangs on to power.
The root cause of Zimbabwe’s ills is a fundamental
lack of intolerance for different political views. The origin of this frame of
mind is the Liberation Struggle. There can be no doubt that those who gallantly
participated in it, including President Mugabe are men of steel and needed to be
endowed with a strident, obdurate and unwavering sense of mission to see it
through.
Unfortunately
however, such traits, though admirable and tailor made for that task at hand,
are exactly what is not needed in building a truly democratic country. Thus,
since April 1980 President Mugabe has set about building a state that uses and
thrives on violence and coercion as a tool of subjugating not only his opponents
but his supporters as well through the use of state and party
structures.
Claus Stäcker at
DeutscheWelle fears for the future. The general elections, due to be held in
July, will see MDC voters beaten and intimidated — as usual, he
says.
The new constitution does not herald the start of a
brighter, democratic future. It also does not significantly curb Mugabe’s
power.
The
89-year ruler has not changed. The last voters had hardly left the polling
stations when he sent out his secret police to intimidate his nearest rivals
under the flimsiest of pretexts.
Security
forces raided the office of his unwilling partner in government Prime Minister
Morgan Tsvangirai. Five persons close to Tsvangirai were arrested, including
Tsvangirai’s top advisor and a prominent lawyer, Beatrice Mtetwa …
Zimbabweans
fear elections because for more than a decade they have always been associated
with violence and oppression. The state in Zimbabwe has always been synonymous
with Robert Mugabe. The next step in his plan to stay in power will be to resort
to the use of force, despite protestations to the
contrary.
compiled
by Araminta Wordsworth
awordsworth@nationalpost.com
Zim PM ally
charged with attempted murder
http://www.news24.com/
2013-03-20 20:47
Harare - An
official from Zimbabwe Prime Minister Morgan Tsvangirai's party
appeared in
court on Wednesday on charges of attempted murder and malicious
damage to
property, his lawyer said.
Samson Magumura, a member of the Movement for
Democratic Change (MDC, is
accused of firebombing the home of an official
from President Robert
Mugabe's Zanu-PF party.
"He is denying both
charges," lawyer Charles Chigadza told AFP. "In fact he
was nowhere near the
place where this incident is said to have taken place."
Magumura was
taken from his home in an unmarked police vehicle on Saturday
as Zimbabweans
went to vote in a referendum to adopt a new constitution.
The alleged
attack came weeks after a 12-year-old son of a regional MDC
official died in
a fire.
MDC supporters said the blaze was caused by a firebomb thrown by
activists
from Zanu-PF but police ruled out foul play.
Past elections
in Zimbabwe have been marred by violence including killings,
assault and
intimidation.
- AFP
Magistrate
faces stock theft charge
http://www.newzimbabwe.com/
20/03/2013 00:00:00
by Richard Muponde I
NewsDay
NKAYI provincial magistrate Thabekhulu Dube on Monday
appeared in court in
Bulawayo on allegations of stealing a beast from a
Nkayi villager seven
years ago.
Dube, who resides at the Justice
Ministry quarters in Nkayi but is currently
attending a local university,
was not asked to plead to a charge of
stocktheft when he appeared before
Bulawayo senior regional magistrate Owen
Tagu.
He was remanded out of
custody on free bail to April 16 for trial.
Dube’s trial was supposed to
start on Monday, but he applied for a
postponement.
Blessings
Kundhlande, prosecutor in charge of regional courts, said the
prosecutor in
the case, Admire Chikwayi, had indicated Dube would be writing
examinations
this week hence the postponement.
Chikwayi told the court that sometime
in July 2005, the complainant, whose
name was not given in court or in court
papers, lost his ox from the grazing
area in Nkayi.
He made a report
to the police and the matter was investigated under
reference crime register
115/07/05. However, when the investigations were
still underway, on March
28, at Badala Business Centre in Inyathi, the man
saw Dube’s truck parked at
the centre carrying some cattle to Bulawayo.
The complainant identified
his ox in the vehicle. He approached Dube and
told him that one of the
beasts belonged to him.
The complainant suggested to Dube that they go to
Inyathi Police Station to
verify his claims.
But Dube allegedly refused
and ordered his truck driver to drive to Bulawayo
where the cattle were
sold. The cattle, including the complainant’s ox, were
sold to Colcom and
the skin of the ox was sold to a tannery firm in
Bulawayo.
If
convicted, Dube faces a mandatory minimum sentence of nine years in
prison.
Heavy
rains pound Harare
http://www.dailynews.co.zw
Wednesday, 20 March 2013 09:38
HARARE - Heavy rains and
strong winds caused havoc in Zimbabwe’s capital
Harare and surrounding areas
yesterday bringing down electric pylons and
trees, creating an unprecedented
traffic jam.
The afternoon hailstorm followed a particularly hot day and
clogged the
central business district whose drainage is in a state of
disrepair,
consequently causing flash floods.
The Meteorological
department could not immediately comment saying they
would only give a
statement in due course after carrying out research.
Yesterday’s
torrential rains uprooted trees and flooded some houses.
The torrential
rainfall reduced visibility, making it hard for motorists to
drive, with
some forced to park their vehicles and wait until the rains
subsided.
Apart from limited visibility, gusty winds also caused
blackouts in some
areas as the 30-minute downpour pounded the streets,
sending people
scurrying for cover in sheds.
Sensing a crisis and
eager to cash in, commuter omnibus operators also
increased their
fares.
For instance, fares for a trip to Chitungwiza from Harare went up
from $1 to
$1,50 while those who live in the vicinity of the capital saw
fares doubled
from $0,50 to a dollar.
For some motorists, the rains
were a disaster, as traffic blocked roads
following the
torrent.
Changing rainfall patterns, which have made it difficult to
predict
flooding, have had adverse effects on Zimbabwe.
Not only has
this season’s rains affected more than 6 000 families who have
lost their
properties and in some cases livelihoods, but also 30 people have
been
killed since January, according to the Civil Protection Unit (CPU).
CPU,
a government body tasked with disaster management and response, says
the
recent floods have left thousands of livestock dead, while swollen
rivers
have swept away bridges and claimed lives.
Low lying areas such as
Muzarabani have been hit hardest by the unusual
rains prompting government
to airlift some families to safety.
The rains have also damaged roads and
swept away bridges.
Retailers
Increase Sugar, Meat Prices
http://www.voazimbabwe.com
Gibbs
Dube
19.03.2013
WASHINGTON — Prices of some basic commodities such as
meat, mealie-meal and
sugar have gone up by $1 following an increase of
excise duty on fuel
announced by the government last week.
Residents
of Harare, Gweru, Bulawayo and Lupane Business Centre told VOA
Studio 7 that
the price of a 2 kilogram bag of roller meal has gone up from
$6 to
$7.
They say ration meat prices also went up Saturday from $4 to $6 a
kilogram.
Lupane villager Kennie Mpofu said retailers are attributing the
price
increases to petrol prices which went from $1.50 to $1.59 cents a
litre in
some parts of the country.
“These shocking increases have
driven away shoppers who can’t manage to buy
what they want,” said
Mpofu.
Director Rosemary Siyachitema of the Consumer Council of Zimbabwe
said the
price increases will affect poor Zimbabweans currently living below
the
breadline of about $590 per month for an urban family of six.
“We
always expect prices of basic commodities to go up whenever there are
fuel
price hikes,” said Siyachitema.
Mujuru
orders Chisumbanje ethanol plant to re-open
http://www.newzimbabwe.com
20/03/2013 00:00:00
by Staff Reporter
ACTING President Joice Mujuru has made an
extraordinary intervention to save
Chisumbanje fuel blender, Green Fuel,
which has laid off 4,500 workers.
Mujuru, during a visit to Chisumbanje
on Tuesday, ordered the plant to
re-open by Monday while the government
re-aligns the fuel blending policy.
“The people are troubled because
their hopes of a better livelihood have
been extinguished by the closure of
the ethanol plant,” Mujuru said. “There
is no justification for closure, so
this plant must be opened by next week
on Monday.
“I will personally
engage President Mugabe on his return [from the Vatican]
and impress upon
him the promptness with which operations must resume.”
Green Fuel closed
down its plant in February 2012 after stocking up the
maximum 10 million
litres of ethanol that its storage facilities will allow.
The company,
owned by millionaire tycoon, Billy Rautenbach, set up the
US$600 million
ethanol plant after the Zanu PF government agreed to
re-introduce mandatory
blending of petrol and ethanol.
But Mujuru said Zanu PF faced opposition
from the MDC-T after the formation
of a unity government in 2009. The MDC-T,
through the new Energy Minister
Elton Mangoma, argued that government policy
should not be made to fit a
single company.
The MDC-T has thawed
somewhat since, and Mangoma last year gazetted
regulations making it
mandatory for all licensed oil companies to sell
petrol blended with
locally-produced ethanol.
But Deputy Prime Minister Arthur Mutambara
threw a spanner in the works by
telling Parliament that blending was
conditional and it would be done only
after changing the ownership structure
of Green Fuel from a
build-operate-transfer arrangement to a joint venture
with the government.
Green Fuel is contesting the government’s attempt to
elbow in as a partner.
Mujuru said: “When Billy approached us, we said:
‘Thank you.’ But is what’s
happening the best way to treat an investor? No,
No, No! Some of the demands
being made [by ministers] are
outrageous.
“By closing the project, we are deliberately inflicting
suffering on the
people whose benefit from this project is our
responsibility. We are guilty
of omission. We must separate developmental
issues from politics. Consider
the ethanol plant opened.”
Mujuru had
earlier heard from the local traditional leader Chief Garahwa who
pleaded
for the government to intervene.
The closure of the ethanol plant had
devastated his community, he said. Some
irrigation-powered sugar cane
out-grower schemes covering 13,000 hectares
supported through the project
had been affected.
“Do not turn your back on us. Don’t forget us when you
go back [to Harare].
Please ensure operations resume while the
technicalities are worked out. My
people have suffered,” the chief
pleaded.
He told Mujuru he hoped she had “not come here to raise our
hopes and do
nothing”, adding: “Should that be the case, you would have
failed as a
leader.”
Mugabe’s
multi-million rand sanctuary almost complete
Mugabe’s
mansion
By Nomalanga Moyo
20 March
2013
President Robert Mugabe’s
plush R200 million mansion is nearly complete and ready for occupation, reports
from South Africa suggest.
Located on the coast of
Ballito, next to the Zimbali golfing estate, the property is described as ‘set
for royalty’, boasting two man-made lakes, ‘lush vegetation’, ‘extensive parking
areas’ and unique Indonesian Balinese architecture.
Security-wise, the property
is reportedly a heavily guarded fortress with bulletproof windows and an
underground bunker, leading to speculation that it is actually meant to be
sanctuary for Mugabe when he leaves office.
The man behind this
controversial development is Robert Mhlanga, a retired Air Vice-Marshall and a
close friend of Mugabe who is heavily implicated in Zimbabwe’s murky diamond
industry.
Mhlanga has been embroiled in
battle with South Africa’s KwaDukuza Municipality, over building approvals for
his development, as reported by SW Radio Africa in July last
year.
Last year, the municipality
obtained an order from the Durban High Court “stopping construction and
occupation of the mansion”, citing potential impact on neighbouring properties
and the environment.
In response, Mhlanga argued
that he had not sought to flout building regulations, had taken expert advice,
and that one of the two properties on which the development was located was
agricultural land, for which no building plans were required, while the other
had been rezoned.
Mhlanga’s lawyer, Lazelle
Paolo, confirmed to South Africa’s IndependentOnline Friday that the building plans had not yet
been approved.
The paper also reports that
KwaDukuza council has indicated that although the issue over the building plans
was still unresolved, the court had ruled that the construction work could
continue.
Mhlanga is not just a
property developer. International human rights group Global Witness Mhlanga
revealed that he is a key player in the murky diamond mining in Marange. The
group revealed that 25% of the Mbada mining firm was given to a company linked
to Mhlanga, a Mugabe appointee.
The company is said to have
‘silent’ Chinese military partners. In 2010 the UK Daily Mail alleged that Mbada was the public face
of a diamonds for arms deal between Zimbabwe and China, with China in effect
funding Mugabe’s war chest.
While the completion of
Mugabe’s sprawling property will be good news to the First Family and his
corrupt associates, most Zimbabweans remain locked out of the country’s vast
mineral resources and will be shocked by such opulence and
waste.
In February, Finance Minister
Tendai Biti was heavily sanctioned for revealing that the country was on the
very of bankruptcy. Biti has in the past expressed disappointment that
Zimbabwe’s multi billion diamond sector has not yielded much, with very little
trickling into treasury coffers.
Political commentator
Clifford Mashiri said despite the denials of ownership of the property by Mugabe
who has always wanted to project himself as pro-poor, his vast property
portfolio, which extends beyond Zimbabwe, suggests that this is just political
rhetoric.
Mashiri said that the
security features on the South African development alone would suggest that
Mhlanga is just fronting for Mugabe.
He said: “Mugabe has
properties in Zimbabwe and as far as Hong Kong. It’s simply a political strategy
he uses to win votes.
“This is not a home for an
ordinary Zimbabwean, but one who is very afraid and has a lot of resources at
his disposal,” Mashiri added.
Zimbabwe sits on what is
thought to be the one of the world’s largest diamond reserves and has the second
largest platinum reserves of platinum, among other
resources. Despite all these, the country continues to scrounge for money, even
failing to fund its own elections.
Jailed Beatrice Mtetwa ‘speaks out from
prison’
By Kevin Kriedemann
Published: March 20, 2013
Jailed Zimbabwean human rights lawyer speaks out on South 2 North
This Friday on South 2 North, Al Jazeera’s new global talk show broadcast
from Johannesburg, Redi Tlhabi discusses the worldwide plight of refugees with
activists from Zimbabwe, Rwanda, and Myanmar.
This week’s guests include Rwandan human rights lawyer Kennedy Gihana and
Myanmar human rights activist Maung Tun Khin, who is on a worldwide tour to
raise awareness about human rights abuses in the country also known as Burma.
The third guest is Zimbabwean human rights lawyer Beatrice Mtwetwa, who was
arrested by Zimbabwean police just days after recording the show in
Johannesburg.
Beatrice has been called “the bravest lawyer in Africa” for her work over
two decades defending the many activists, opposition candidates and farmers
jailed by Robert Mugabe’s government.
She was arrested on Sunday, 17 March 2013, for “obstructing the course of
justice” while attempting to come to the aid of her clients – MDC-T officials
Thabani Mpofu, Felix Matsinde, Anna Muzvidziwa and Worship Dumba. Despite an
order for her release from the High Court of Zimbabwe, her lawyers have been
unable to secure her release, as she’s been moved from one police station to
another.
Before her arrest, Beatrice visited South 2 North’s Johannesburg studio to
discuss July’s upcoming Zimbabwean elections; the way that human rights abuses
have led to a flood of refugees into countries like South Africa; and the South
African National Prosecuting Authority and Police Services’ decision to open an
investigation into the widespread rape perpetrated in the lead up to Zimbabwe’s
2008 elections.
In this week’s episode, Redi also speaks to Kennedy Gihana, whose entire
extended family of 20 – except for one brother – was murdered during the Rwandan
genocide in 1994, which saw over 800 000 Rwandan murdered in 100 days.
Alone and desperate, Kennedy left Kigali and walked 3000 kilometres in six
months to finally reach South Africa. After briefly living on the streets of
Johannesburg, he has established himself as a successful human rights
lawyer.
His remarkable story has been told in the book Rat Roads, written by
Jacques Pauw.
Redi’s third guest is Myanmar human rights activist Maung Tun Khin, who is
currently exiled in England, where he is president of the Burma Rohingywa
Organisation.
Myanmar is Asia’s newest democracy, after 2012 elections saw the end of a
military dictatorship and a return to world favour.
But like other Rohingywas, Tun Khin has been denied citizenship within
Myanmar, where the Muslim minority is being herded into camps where they face a
triple threat from violence, starvation and disease. Stories of mass torture
suggest a hidden genocide is underway.
With tensions between the Rohingyas and the majority Buddhist Rakhines
leading to open bloodshed in June last year, Tun Khin has been lobbying to raise
awareness about the crisis, taking his cause to the US Congress, the US Senate,
the US State Department, the British parliament, the European parliament, the
European Human Rights Council, The European Human Rights Commission, and the UN
Human Rights Council.
“Imagine being declared stateless and not able to return to your country of
birth because of your tribe, ethnicity, skin colour or religion?” says Redi.
“Now imagine being on a boat for 25 days and slowly starving to death. That was
the fate last month of around a hundred refugees from Myanmar, but – despite
this tragedy and many others – the exodus of refugees continues.
The UN estimates about 13 000 Rohingya fled western Myanmar and Bangladesh
in 2012, and an estimated 500 refugees have already died at sea, with more
expected. The United Nations says the long-running conflict between the Buddhist
majority and Muslim minority population is a humanitarian tragedy in the making.
In Rwanda in 1994, the world ignored the warning signs that could have prevented
a genocide. Are we about to see the same thing happen here?”
Watch Redi ask the tough questions on this week’s episode of South 2 North,
premiering at 19:30 GMT on Friday, 22 March 2013 and also screening Saturday at
14h30, Sunday 04h30 and Monday 08h30.
Zimbabwe:
Prominent human rights lawyer must be released immediately
http://www.amnesty.org.uk/
Posted: 20
March 2013
Prominent human rights lawyer Beatrice Mtetwa must be
immediately and
unconditionally released, Amnesty International said after
she was denied
bail in a court appearance today.
Mtetwa was arrested
on Sunday, the day after a constitutional referendum was
held in the
country, when she responded to a client whose home was being
searched by
police in Harare. She remained in custody despite a High Court
order for her
immediate release being issued at around 1am on Monday
morning.
Amnesty International’s southern Africa director Noel
Kututwa said:
“Beatrice Mtetwa is the unfortunate victim of arbitrary
arrest and unlawful
detention and must be released
immediately.
“It’s staggering that while Zimbabwe is in the process
of adopting a new
constitution which provides a stronger bill of human
rights, lawyers, in the
course of their lawful duty, are being so blatantly
harassed and
intimidated.
“Beatrice Mtetwa’s arrest and detention is
an attack on the legal profession
in Zimbabwe and in particular on lawyers
who have fearlessly defended human
rights defenders and political
activists.
“The Zimbabwean authorities must ensure that lawyers are able
to perform all
of their professional duties without intimidation, hindrance,
harassment and
improper interference.”
Beatrice Mtetwa had responded
to the call of a client, Thabani Mpofu, a
staff member in Prime Minister
Morgan Tsvangirai's office, on Sunday morning
notifying her of a police
search of his home. When she arrived at the
premises, police were already
conducting the search.
She asked to be shown the search warrant and when
police failed to produce
it, Mtetwa told police that what they were doing
was "unlawful,
unconstitutional, illegal and undemocratic". Police
arbitrarily arrested
her accusing her of shouting and "obstructing the
course of justice". Ms
Mtetwa was handcuffed and detained in a police
vehicle.
Following her arrest, Beatrice Mtetwa's lawyers obtained a High
Court order
for her immediate release on the grounds that the arrest was
unlawful.
Police did not comply with the order and she remained in police
custody.
During the night, two male police officers entered her cell and
attempted to
remove her blankets.
On Tuesday Beatrice Mtetwa was
brought to the Magistrate’s Court in Harare,
where she applied for bail. At
the hearing Ms Mtetwa's lawyers reported that
she was ill-treated while in
custody. She was denied access to her family
and was denied a
bath.
The hearing concluded today and bail was denied, meaning Beatrice
Mtetwa has
been remanded in custody until 3 April.
Amnesty
International has observed an increase in attacks on the rights of
freedom
of expression, association and assembly in the run up to the
referendum
which took place last Saturday, and ahead of Zimbabwe’s 2013
general
elections, likely to take place in July.
To call for the elections to be
free from violence go to
www.amnesty.org.uk/zimbabwe
A
fascist display by the police
http://www.sokwanele.com/
SIMON MOYO MAR 20, 2013
A family of
six sits huddled around a shortwave radio listening to Studio 7
news while a
teenage boys keeps sentry—on the lookout for police who have
banned
seemingly innocent gadgets.
This scene in Murewa some 100 km from Harare,
is reflected in most rural
areas at night whose source of news are the
illegal radio stations such as
Radio VOP, SWRadio or the popular Studio 7
after government banned radios.
Again in typical Apartheid style,
Zimbabwe is seeing a replay of the dark
days when free expression was
banned.
Women who live in rural areas far from the mainstream media are
the likely
victims of the ban on radios, just as are women like Jestina
Mukoko, the
director of Zimbabwe Peace Project (ZPP) who has yet again
faced the wrath
of the police as she suffered five years ago.
It is
an open secret that people prefer listening to the extra-terrestrial
radio
stations such as Studio 7 that are devoid of the hate speech that
comes
from ZBC. The police raids on NGOs are missing their target—the
state
media.
Such fascism has no place in modern society and Mugabe should feel
embarrassed by his archaic actions which smacks right in the face of
democracy.
Mugabe beware, these people want to drag your name back
into the mud, a name
you have tried to clean up of late by preaching and
embracing peace.
NGO’s are mere messengers and the police should not be
so naive as to shoot
the postman who delivers a sky high utility
bill.
It really boggles the mind that officers who claim to be well
trained show
such stupefying ignorance by targeting the wrong
persons.
This onslaught on shortwave radios is not targeted on NGOs but
Zimbabweans
across the country that have a right to listen to Studio 7, Zbc
or anything
that they so wish.
Instead of being a professional force,
police continue to be the willing
appendage of Zanu PF and that in itself is
a throwback to the days when the
likes of Ian Smith ruled this otherwise
beautiful country.
NCA
Press Statement on the Referendum
http://www.swradioafrica.com
NCA PRESS STATEMENT ON REFERENDUM OF 16
MARCH, 2013
Presented by NCA Chairperson Professor Lovemore Madhuku at
Bumbiro/Isisekelo
House today, 20 MARCH, 2013
1. The conduct of the
referendum was neither credible nor satisfactory. This
arises from the
following facts, among others:
• The notice period given was inadequate and
displayed lack of respect for
the people. It was extreme arrogance for the
President to admit this fact on
the day he was casting his vote when he had
deployed all state resources to
resist attempts by some citizens to delay
the vote.
• Copies of the Draft constitution were not available in reasonable
numbers.
• State and donor resources were only available for the “Yes”
campaign.
• The “Yes” campaign used hate speech. For example the Prime
Minister
described the No campaign as being made up of “nhinhi”[Sunningdale]
and
those intending to vote “No” as having mamhepo(evil
spirits)[Bulawayo].
• The police disrupted many “NO” campaign meetings and
the atmosphere was
not conducive to public meetings by the “NO” campaign to
the extent that
many voters had no access to the “No” message.
• ZEC was
not independent. For example, it failed to play its role in terms
of
electoral law to monitor media coverage.
• The judiciary was not independent.
The courts dismissed, on suspicious
grounds, every application meant to make
the referendum more democratic.
2. The NCA does not accept that the YES vote
means an endorsement by the
people of Zimbabwe of a new constitution. The
draft Constitution is
undemocratic and will remain undemocratic and
unacceptable when it becomes
the constitution of Zimbabwe. An undemocratic
constitution does not become
democratic merely on account of voters being
misled by political leaders
into a ritual of just voting “YES”.
3. A
constitution-making process does not become “people-driven” merely on
account of people being taken through rituals where they attend meetings and
say what they have been told to say nor is this achieved by taking the
people through the rituals of a referendum where they are told to vote
“Yes”.
4. In this regard, the NCA wishes to be very categoric and
unambiguous: we
reject in toto the notion that Zimbabweans have spoken and
have accepted the
Draft Constitution. We hold that the “Yes” vote is
illegitimate. The
referendum result is therefore illegitimate and not
acceptable to us. This
is because:
• 95% of the “Yes” voters had neither
seen nor read the Draft constitution.
• 95% of the “Yes” voters knew nothing
about the contents of the Draft
Constitution.
• The “Yes” voters, by
their own admission, said they were voting “Yes”
because they were following
orders from political leaders to do so.
• The voters had not been afforded an
opportunity to hear and/or listen to
the points of view of the “No”
campaign. The “No” campaign was
systematically denied access to the public
media while messages of the “Yes”
vote were the order of the day. The only
time a “Yes” will mean a “Yes” to a
Draft Constitution is when voters have
been exposed to the contents, have
heard opposing views and have genuinely
voted “Yes”. Where voters are
prevented by self-serving politicians from
accessing alternative views, a
“Yes” is invalid.
• The 179 489 voters who
rejected the Draft Constitution knew what they were
doing: they had all been
subjected to a “Yes” campaign but rejected it. Many
of them had considered
the arguments for the “No” campaign and embraced
them.
• The 56 627
rejected votes voted “NO” either by writing it or spoiling the
ballot in
other ways.
• There are over 7,5 million Zimbabweans with National IDs and
this is the
eligible voter population. The reported 3,3 million who voted is
just 44%.
What is the view of 56%? This is clearly voter apathy. In any
event, the
claim that 3,3 million people voted is a fraud by ZEC. To claim
that there
was close to a million more voters in the referendum than in the
March 2008
harmonised elections is to take the public for fools.
• In
matters such as the constitution, the focus must not be just on
eligible
voters but on the entire population. There are about 13 million
Zimbabweans.
The 95% of the 3 million Zimbabweans who took the irresponsible
decision of
voting “Yes” to a document that they had neither seen nor read
cannot bind
the conscience of the rest and future generations. Those who are
not
eligible to vote should have been afforded the opportunity to read the
Draft
Constitution and contribute to debate, thereby influencing the
formation of
a genuine national opinion. This did not happen principally
because the
current political leaders were pushing a narrow, self-serving
and partisan
agenda.
• As soon as more people get to read the draft Constitution (or
Constitution, when it gets enacted) they will realise the folly of the “Yes”
vote and will join those rejecting it. That point will be reached soon and
it will be apparent to the generality of the people that our country does
not have a democratic constitution, notwithstanding the referendum of 16
March, 2013.
• ZEC aided the “Yes” vote. First, by misinterpreting the
intentions of
thousands of voters in rural areas, particularly Mash East,
Mash Central and
Masvingo who indicated that they wanted their vote to be
put on “President
Mugabe”. These voters should have been turned away but ZEC
officials
interpreted this as a “Yes” vote when we all know that the
President`s vote
is his secret. Secondly, ZEC did not turn away thousands of
voters who
asked, on arrival, what the voting was all about. ZEC officials
in rural
areas responded that it was all about voting “YES”.
5. Just
as Zimbabwe has been under the undemocratic Lancaster House
Constitution,
henceforth it shall be under an undemocratic GPA constitution.
The Yes vote
merely means a change from Lancaster and does not mean a change
to a
democratic constitutional order. For instance, there is no way
Zimbabweans
can be said to have said “Yes” to:
• retaining a powerful President with
unlimited powers and who appoints
every state official including Ministers,
judges, ambassadors, permanent
secretaries, Commissions and so on.
• a
huge and expensive government with over 350MPS, given the state of our
economy.
• not electing a new President whenever the office of President
becomes
vacant in the next 10 years and leaving this crucial decision to a
political
party.
• A Bill of Rights merely listing rights without
effective mechanisms for
their enforcement.
6. From the foregoing, there
can only be one answer: the crusade for a new,
democratic and people-driven
constitution has to continue. The NCA will
intensify its efforts for a
rejection of the so-called new Constitution just
as it has, for over 14
years, campaigned for the rejection of the Lancaster
House Constitution.
Given its experience and its growing base, the NCA
believes that it will
take less time for the people of Zimbabwe to be
convinced to throw away the
so-called new Constitution and introduce a truly
democratic and
people-driven constitution.
7. The NCA dismisses, with the contempt it
deserves, utterances by the
political leadership which indicate the 16
March, 2013 vote as historic. It
was not. It was a dark page in our history
as it demonstrated the continuing
sickness of our society where people are
taken for granted by politicians.
The two leaders, the President and the
Prime Minister, exhibited lack of
principled and moral leadership: they know
so well that the “YES” vote had
nothing to do with the constitution but they
have the temerity to proclaim
it as historic. It is this kind of leadership
which has brought our country
down. If the two of them genuinely believe
that the “YES” vote was on the
constitution, then their heads must be
examined! We believe they are not
genuine!
8. The NCA will, in the next
few months, convene meetings of its membership,
including its Congress, to
review its strategies and map the way forward. In
this regard, the NCA is
conscious of the fact that the purported “Yes” vote
of 16 March, 2013 has a
fundamental bearing on the future strategies of the
NCA. Accordingly, the
NCA membership will decide whether or not the current
NCA framework is
suitable for the big battle that lies ahead. The battle
will be
confrontational because we realise that a ZANU(PF) joined by the MDC
in
hoodwinking the general public is a formidable enemy of our quest for a
new,
democratic, open, prosperous, just and caring society. The two
political
formations have no monopoly in determining the destiny of our
country. From
the credible base built over the years, the NCA will double
its efforts to
win the hearts and minds of the people of Zimbabwe. One
immediate practical
step is that this Press Statement will be printed as a
flier, translated
into all main languages and distributed throughout the
country. We will not
rely solely on Press coverage. In addition, the NCA “NO
VOTE” campaign flier
will be edited merely to remove the words “VOTE NO” and
printed again and
distributed. Our campaign against the so called New
Constitution will be
permanent and will only stop when our country adopts a
truly democratic and
people-driven constitution. The new NCA strategies will
be finalised by the
time a new government takes office in July and will be
announced publicly
within a month of the taking of office of that
government.
9. We reject
as nonsensical the claim by some MDC leaders that what remains
now is to
build a culture of constitutionalism. Constitutionalism cannot be
built on
the base of an undemocratic constitution. More seriously, does
constitutionalism not start with a credible constitution-making process?
Once we start with the culture of not respecting the people by asking them
to vote “Yes” to a document they have not seen, are we not undermining
constitutionalism from the start?
10. The NCA experience shows that it
does not work to rely on others to push
for what one believes in. The NCA
shall rely on itself to do everything
possible to ensure that one day we
celebrate the adoption of a truly
democratic and people-driven
constitution.
11. We urge the people of Zimbabwe, including those who voted
“YES” to take
time to read the so called new Constitution and thereafter
take further time
to consider our arguments against the Draft Constitution.
This will enhance
democratic growth and ensure that the next referendum on a
Draft
Constitution will be legitimate.
12. We accept that the country
must now move to the election and urge
Zimbabweans to vote peacefully.
MDC
formations too comfortable in government
http://www.swradioafrica.com
By Wilbert Mukori
20 March
2013
“Form your own political party!” If I had dropped a penny over the
years
each time I heard somebody said that, I would be a millionaire! For
that
seems to be the default setting of many Zimbabweans and, true enough,
many
people have gone on to start their own political parties. The country
has
been independent for 33 years and yet it has already seen more political
parties than many other countries would see in a 100 years.
With
fresh elections just round the corner there will, no doubt, be at least
a
dozen political parties contesting; the familiar ones, old ones, new ones
and re-emerging ones. It will be the same tired old faces being recycled
over and over again – there is no such thing as use-by dates in Zimbabwean
politics!
If forming new political parties was the answer to our problem
then the
country would not be in this political and economic mess. It is the
lazy and
ready-made way to avoid answering criticism, to stifle debate and
all
meaningful competition which, indeed, is the root cause of our political
and
economic problems.
There are no democratic political parties in
Zimbabwe because none of the
parties tolerate any meaningful debate and
competition as those already
occupying positions are fearful of losing them.
It is not surprising
therefore that long established parties like Zanu PF
have had the same faces
in top positions for donkey years or until death “do
us part”. Rather than
replace leaders all the parties have devised various
ways of increasing
leadership positions, ministerial post, governorships,
etc.; rats do not
leave the nest, they make the nest bigger. The official
line why debate is
stifled is that it will cause division and
disunity.
So instead of scrutinizing criticism objectively and rationally
it is
dismissed out right with the standard “form your own party!” If the
party
has the political power, which the Mugabe dictator has, then it will
move to
stifle public debate and criticism.
Last Saturday, 16 March
2013, Zimbabweans were cajoled into voting yes to a
rubbish constitution
which will never deliver the rights and freedoms the
people have been denied
all these years and will commit the nation to a
repeat of the wanton
violence of 2008. The people were so easily cajoled
into voting yes because
they are very weak politically and the genesis of
their weakness is the
“form your own party” mentality.
If one was to consider a just, free and
prosperous democratic society we are
seeking to build as a house, then the
people are the ground on which the
house must stand, no house built on sand
will stand for long; the people are
the bricks and mortar to bear the weight
of the wall and roof, mud- bricks
will crumble and bring down the house.
Political parties, institutions, etc.
are nothing more than a wall or pillar
whose strength is dependent of the
solidity of the foundation they stand on,
or the bricks and mortar used in
building them.
It is not true there
was no viable alternative to accepting the weak and
feeble Copac
Constitution and then going into elections set to be bloody, as
MDC leaders
would have us believe. There was the option of implementing the
GPA agreed
reforms.
“There’s no other viable alternative,” said Senator David
Coltart. “If we
vote no today all that will happen is that we retain the
existing thoroughly
objectionable constitution.
“The whole peace
process will breakdown and really we may lurch back into
the calamitous
situation we were in 2008.”
By voting yes, the nation has lurched back
into the calamitous 2008
situation! Before the indelible ink to mark all
these who voted in the
referendum was dry, PM Tsvangirai was already telling
the world that four
MDC officials plus a Human Rights Lawyer, Beatrice
Mtetwa, had been arrested
by the partisan police. The 2013 elections are
going to be bloody, what
remains to be settled is how
bloody!
Implementing the reforms was the only way to end the dictatorship
and the
country’s culture of violence.
Yes, Mugabe refused to
implement the reforms; of course, he would. It was PM
Tsvangirai and the
MDC’s task to force Mugabe to accept the reforms and
SADC, as the guarantors
of the GPA, was ready to throw its weight and force
Mugabe to accept
reforms. SADC has again and again reminded MDC to implement
the reforms, but
to no avail.
“Diplomatic sources told the Zimbabwe Independent in
separate interviews
this week that SADC leaders feel the MDC leaders have
become too comfortable
in government, forgetting their presence was meant to
create an environment
conducive for credible, free and fair elections,”
reported the Zimbabwe
Independent.
In other words Senator David
Coltart, PM Tsvangirai and company have all
“become too comfortable in
government” and one has only to see the
extravagant new lifestyles most of
these politicians are enjoying to see it
is true, they are very
comfortable.
When you are having a ball, you do not rock the boat; that
is gravy train
etiquette. Or as a seasoned Zanu PF crony crudely put it,
“Tsvangirai
adzidza kudya anyerere!” He was commenting after PM Tsvangirai
had nothing
but praise for Mugabe after the PM received US$ 3 million for
his mansion.
To be fair to PM Tsvangirai, he was not the only one who has
been singing
Mugabe praises; the other MDC leaders have all been tripping
over each other
in their adoration of the tyrant. Minister Biti has
described Mugabe as
“unflappable” and a “Victorian knight”.
“He shows
real concern for his country and people, like a father,” said
Professor
Welshman Ncube of Mugabe.
“(Mugabe) is a very, very, very good charmer…”
said MDC minister Priscilla
Misihairabwi-Mushonga.
What a charming
and comradely relationship MDC have enjoyed with Mugabe. Of
course the MDC
leaders did not want to spoil this cosy relationship by
raising something as
trivial as implementing the reforms; we all know Prince
Charming would have
flown into a rage, he is to this day very touchy about
that one!
The
“presidency is sacrosanct” Mugabe has said and Tsvangirai and his MDC
friends understood that well enough and left the dictatorship untouched!
What is objectionable is all this lying and posturing by Tsvangirai and his
MDC friends pretending they have dealt a death blow to the dictatorship and
that this weak and feeble Copac constitution will deliver free and fair
elections.
Zimbabweans have failed to see through the grandstanding
and see Tsvangirai
for the flawed, indecisive and incompetent leader he is
all these years
because, as I have said, they lacked the political skill to
look at things
objectively and rationally.
Ever since the nation
accepted Tsvangirai as the man who would help them get
rid of Mugabe in
2000, they have placed him on the pedestal beyond criticism
and close
scrutiny. When Tsvangirai signed the one-sided power sharing
agreement with
Mugabe is 2008, the first of the many big blunders the MDC
leader was to
make in the next five years; alarm bells should have started
to ring in the
people’s heads. By the time the nation held the referendum on
the 16 March
those ringing bells should have been as loud as church bells.
Still the
nation ignored the bells and believed Tsvangirai’s lies that the
Copac
rubbish would deliver free and fair elections.
The nation has forfeited
its chance to bring about meaningful democratic
change by implementing the
reforms; Mugabe is not going to accept any
reforms now that the Copac
constitution has been accepted, contrary to
whatever Tsvangirai says.
Without the reforms Mugabe and Zanu PF will have
all the opportunity to use
all manner of dirty tricks, including Mugabe’s
personal favourite, violence,
to win this election.
The last five years should have seen the Zanu PF
dictatorship dismantled
brick by brick; instead Mugabe has emerged with all
his dictatorial powers
untouched, thanks to the breathtaking incompetence of
Tsvangirai and the
MDC. Brace yourselves my friends for we are in for some
really tough times
ahead; the elections will be bloody, there will be broken
limbs and murdered
loved ones and friends to bury; and, worse of all, Mugabe
and Zanu PF will
continue to exert their autocratic influence on the nation
for years to
come. How many lives this Mugabe and Zanu PF dictatorship will
claim in the
future and how much longer the nation will have to suffer the
regime’s
misrule will be dependent of how quickly the Zimbabwean electorate
can be
fired up from the mud-brick to a furnace rock-solid brick required
for a
functional democracy.
Zimbabwe needs voters who are ready and
willing to criticize the leaders and
hold them to account; voters who are
smart enough to see the virtues of
debate and competition as the driving
force forcing everyone to strive for
excellence and smart enough to finally
realize that stifling competition has
only encouraged the rat- race to the
bottom in the name of unity.
Zimbabwe’s political and economic problems
are not insurmountable; indeed
the country has the wealth and potential to
be back on a firm footing within
six months or less. The real challenge here
is how to turn a gullible and
easily cajoled voter into a fired democrat;
how to turn a malleable
mud-brick into furnace-fired rock-solid
brick!
It was foolish and reckless of us to have trusted the destiny of
this nation
to a flawed, indecisive and incompetent man such as Tsvangirai
and before
him a tyrant, Mugabe; we are now paying dearly for our
folly.
“It pays in the end to get the best in the beginning!” ran the
Eric Davis
advert. How true, how very true and insightful! Zimbabwe needs
competent
leaders, the best; but first we must have competent voters, the
best!
Good Night!
EDITORIAL:
A fresh chance for Zimbabwe
http://www.bdlive.co.za/
March 20 2013, 05:59
BY
VOTING overwhelmingly for a new constitution, Zimbabweans have sent a
clear
message: they want a new beginning. This is not the blueprint for the
brighter future most people long for — it still gives too much power to the
president, including allowing him to meddle in the judiciary and parliament,
and the drafting process was flawed — but it is a first step towards
Zimbabwe’s rehabilitation.
On paper, at least, the document promotes
a new form of engagement between
the people of Zimbabwe and their leaders,
and between Zimbabwe and the
global community. The new constitution
introduces a bill of rights and
affirms the rule of law. It protects
property rights, clarifies land rights
and sets Zimbabwe on the road to
building and strengthening its democratic
institutions.
These are
significant advances in the context of the haphazard economic
policies,
arbitrary about-turns and complete disregard for the rule of law
that have
characterised the country’s governance since independence more
than 30 years
ago and which have had such a devastating effect on investor
sentiment
towards the country. The new constitution also clarifies the
succession
question and imposes term limits for the first time.
This could, in
theory, mean another 10 years of rule by President Robert
Mugabe, but at
least he will not be succeeded by a president for life. And
it is now clear
the first deputy president will take over if anything
befalls the
president.
It was not lost on Zimbabweans or international observers that
on the day of
the referendum on the new constitution, security forces seized
the country’s
best-known human rights lawyer, Beatrice Mtetwa, on the same
flimsy grounds
the state has relied on in the past when it harassed
dissidents.
That is hardly in the spirit of the new constitution and
highlights the fact
that constitutional democracies are only as good as the
institutions that
uphold them. Bad habits die hard, but at least when the
police and other
security agents abuse the rule of law in future — as they
will — there will
be no disputing the illegality of their
behaviour.
Overall, the referendum was held in a relatively peaceful
environment, which
is also encouraging given that past elections have been
characterised by
violence and repression. It is to be hoped that this will
carry over to the
election later this year, although the stakes will
certainly be higher. All
of the main political parties in Zimbabwe were in
favour of the new
constitution, whereas the election will be hotly
contested, with lucrative
political careers and access to the levers of
state power up for grabs. It
would be naive to expect the Zimbabwean
establishment, dominated as it is by
Zanu (PF) officials, to give it all up
without a fight just because a new
constitution is in place.
Zimbabwe
can take a leaf from Kenya’s book. A successful election has just
been held
under a new constitution. The result has been contested in the
supreme
court, but all sides have stuck to the rules. There has been no
orchestrated
violence and the security forces have been models of
impartiality.
Ordinary Zimbabweans just want to get on with their
lives, but they need
personal freedoms and a growing economy to be able to
uplift themselves. The
greatest responsibility for ensuring that the new
constitution starts to
deliver the incremental change Zimbabwe so
desperately needs, lies with Mr
Mugabe. In the twilight of his career, with
his legacy at stake, he must ask
himself whether, when the time comes, he
will leave Zimbabwe better or worse
off than he found it.
If he is
able to be honest with himself, the answer will be "worse off",
despite his
leading role in the struggle against colonialism and white rule.
However, he
could mitigate the damage by allowing a free and fair election
in terms of
the new constitution — and accepting the outcome.