http://www.theindependent.co.zw/
March 22, 2013 in
News
THE Zimbabwe Anti-corruption Commission (Zacc), for a long time
accused of
being a toothless bulldog, now finds itself dramatically
embroiled in web
conspiracy theories and controversy after its daring bid to
raid the offices
of Indigenisation minister Saviour Kasukuwere, Mines
minister Obert Mpofu
and Transport minister Nicholas Goche was thwarted last
week amid
accusations and counter-accusations of corruption.
Zacc’s
attempts to swoop on and search the ministers’ offices hit a brick
wall
after police blocked investigators from accessing the premises.
The body
had initially obtained a search warrant before the High Court
stymied it.
The unfolding drama has sent shockwaves across a country in
which corruption
is endemic, with Zimbabwe ranked joint 163rd out of 176
countries in the
2012 Transparency International Corruption Perceptions
Index, alongside
Equatorial Guinea.
Zimbabwe Independent reporters Owen Gagare and Wongai
Zhangazha this week
interviewed Zacc spokesperson Commissioner Goodwill
Shana about the going-on
saga, including allegations the commission is being
used to settle political
scores by hidden hands after receiving
inappropriate funding and gifts, as
well as the fierce backlash against its
besieged corruption-busting
staffers. Find below the excerpts:
Q:
There are allegations Zacc is working with senior MDC-T leaders,
particularly from the Prime Minister’s office, and Reserve Bank of Zimbabwe
(RBZ) officials to crack down on ministers and that the arrest of staffers
in the premier’s office is related to the raids you wanted to carry out.
What is your response?
A: Allegations of a partisan approach have
been made against the commission
before. It’s a very sad state of affairs
because of the current dynamics in
the nation and perhaps also because we
are in a period where everything is
given a political spin. Even the
appointment of the commission is alleged to
have been an agreement between
the political parties. Those are speculations
and I cannot speak on
speculation.
I do not know of a party political agenda we have because
all the
investigations that are carried out are sanctioned and commissioned
by the
full commission and if there are any partisan commissioners then it
must
mean there are other people from other parties who also concur with
investigations that are going on.
All investigations are done after
the full commission has been briefed and
agreed. The issues of partisanship
seem to appear now. Why now? Why
particularly this investigation? Why not
others?
Q: Which particular investigation are you referring to?
A:
The so-called Nieebgate for instance; why not before? Why not in other
circumstances? Why not with the procurement board, for instance, or Zou
(Zimbabwe Open University) or others? Why this particular one? We
categorically refute that (we are politically driven and
manipulated).
This investigation has just made us realise corruption is
much more
embedded; that the cartels, cabals of corruption are much more
widespread,
much stronger than we probably envisaged. But we are not
deterred; we are
not dented in any way, and therefore we are carrying on.
For instance,
people said we were down and out with regards to CDF
(Constituency
Development Fund) investigation but we are still carrying on.
Just because
one particular case does not go through does not mean that
there are no
other cases we are looking at.
Q: Are you giving up on
the indigenisation investigation? If not, how are
you going to move
forward?
A: Of course not. I can’t tell you how we are moving forward.
You will see
as we move on. We are not cowed; we are not retreating.
Corruption, when it
is embedded, strikes back and it happens everywhere in
the world. Where
there are cartels or cabals, especially when they feel
cornered and at risk,
they don’t go down quietly, they fight back.
We
have done nothing wrong. If we want to search a place because we are
mandated to do so and people vigorously resist, you begin to wonder why
because our job is not to arrest or prosecute but to investigate and if
there is a case, then we forward it to prosecuting authorities.
If we
search a place and people open their files we may not find anything
wrong so
we wonder then why this particular investigation is being
vigorously
resisted. That is not to say we have the right to invade any
place. We
usually secure search warrants but in this particular case, we
sought search
warrants everywhere. We also asked the police and they refused
to help. We
went through the whole hierarchy of the police but they did not
cooperate
with us.
Q: What were the reasons given for this lack of
cooperation?
A: Some of them said their hands were tied. We asked (for
the search
warrant) from a magistrate and we were denied. Two weeks ago the
same
magistrate who denied us a search warrant gave us one, so one wonders
what
happened in between.
We are cognisant of the fact that we need
to abide by the law with regard to
search warrants and so on. The point is
we exhausted all options, so what
happens if you have exhausted all means
but you believe that an
investigation has to take place? You take it as far
as you can. For us, the
High Court was the furthest we could go.
Q:
There are allegations you received funding from RBZ governor Gideon Gono
and
this is now influencing your work. What is your comment?
A: That’s a
preposterous, far-fetched conspiracy theory. We have no contact
with Gono.
We did not receive funding from anybody for that matter and
sometimes even
from Treasury. We are actually starved of funding. It will be
interesting if
they can prove that Gono is actually giving us money. We know
that they
(RBZ) entered into a written agreement with the previous
commission for
quasi-fiscal assistance which was clearly stipulated and
limited.
That programme ended with quasi-fiscal activities. We are
actually starved
of finances and are operating on a shoe-string
budget.
Q: How about gifts? Did you get any gifts from Gono?
A:
They must prove it. I think it would be nice for them to prove that we
are
receiving gifts and other incentives. It would be nice for them to prove
exactly how we are being motivated to do our investigations. The question to
beg is why Gono would choose the Anti-Corruption Commission which has very
limited powers? Wouldn’t Gono, if he was doing that, choose to work with
somebody who has powers to arrest or prosecute instead of someone who just
investigates?
Q: Apart from financial and capacity constraints, what
other challenges are
you facing?
A: I think one problem is our
inability to directly access the highest
office (President’s Office) because
going through a variety of
intermediaries might mean delays and even
compromise.
Q: Have you tried to access the highest office
directly?
A: We have tried to engage the structures to try and ensure
that our voice
and concerns are heard. We are still waiting (for
feedback).
Row erupts over controversial Zacc funding
A
ROW has erupted over the Reserve Bank of Zimbabwe’s controversial role in
funding the Zimbabwe Anti-Corruption Commission (Zacc) amid accusations this
was compromising the anti-graft body’s mandate while putting it under the
control of powerful individuals.
The allegations stem from a
Memorandum of Understanding entered between the
RBZ and the commission on
capacity enhancement and skills retention in
October 2006. Under the MoU,
the RBZ was supposed to provide US$5,5 million
for a skills retention,
housing scheme, 56 vehicles and a separate
allocation of US$150 000 for
office support.
Responding to questions over the issue, Reserve Bank of
Zimbabwe (RBZ)
governor Gideon Gono said this week the MoU signed between
the central bank
and Zacc was part of intervention measures the bank used in
supporting
various government institutions at the height of quasi-fiscal
operations
before the adoption of multi-currencies four years
ago.
Gono’s opponents say Zacc’s funding by RBZ compromised the body and
is a
factor in the ongoing attempts to probe three Zanu PF ministers,
Saviour
Kasukuwere (Indigenisation), Obert Mpofu (Mines) and Nicholas Goche
(Transport).
However, Gono said he did not only support Zacc but also
“government
ministries, departments, parastatals, local authorities,
security , defence,
prisons services and law-enforcement arms of the state,
parliament,
judiciary, the presidency and private sector
companies”.
“It is common cause that as a country, we faced extraordinary
circumstances
which demanded extraordinary interventions during the
hyper-inflationary
years of our existence as Zimbabweans and history will
record that the RBZ
and myself as governor were at the forefront of trying
to serve this country
and its people in whatever best ways we could,” Gono
said.
Gono’s adversaries accuse him of working with the Zacc
commissioners who are
compromised by his funding to target his opponents.
But he said the RBZ had
letters of authorisation from the parent ministries
and the presidency in
all the interventions it made.
“The MoU was a
very well and carefully crafted document which set out our
respective
parameters of operation and independence,” he said. “The parties
to the MoU
are defined clearly, objectives spelt out nicely, components of
support
properly spelt out and Section 6 dealt with the independence of the
two
organisations in the discharge of our respective mandates.”
Zacc
commissioner Goodwill Shana told journalists this week there were other
state or government institutions that also got RBZ funding. “I’m aware that
judges, ministries, and the police received financial support from Gono and
to insinuate that Zaac is corrupt based on this, one would have to label all
government institutions who benefitted as corrupt,” Shana said. “It is a
desperate attempt to cast aspersions on the integrity of the
commission.”
The RBZ says it gave 1 356 cars valued at USUS$43 377 500 to
government
ministries, commissions and state-owned organisations. While the
anti-corruption commission received 49 cars – not 56 as initially agreed –
the ministry of information was given 114, some of which went to Zimpapers
and the state-broadcaster ZBC, ministries of energy 33, agriculture 35,
justice, legal and parliamentary affairs 165, transport 279, health 293 and
youth five.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
TWO more
staffers in Prime Minister Morgan Tsvangirai’s office were arrested
yesterday after the premier’s four other senior aides were picked up on
Sunday for allegedly impersonating the police and being in possession of
documents that breach the Official Secrets Act.
Report by Brian
Chitemba
The arrests are a direct challenge to the MDC-T leader to flex
his political
muscle to influence processes and events as well as electoral
preparations
ahead of crucial polls expected mid-year.
Police
spokesperson Assistant Commissioner Charity Charamba could not
immediately
comment, but Tsvangirai’s spokesperson Luke Tamborinyoka
confirmed that two
caretakers at the premier’s communications office were
arrested by
police.
Tamborinyoka wrote on his Facebook page: “Two caretakers at the
Prime
Minister’s communications office at Bath Road, Spiwe Vera and
Elizabeth
Banda, were this morning picked up by police detectives at the
communications office at 14 Bath Road in Avondale. Lawyers are on their way
to Harare Central police station.”
On Sunday, police swooped on the
same offices and arrested director for
research in the prime minister’s
office, Thabani Mpofu, Felix Matsinde,
former councillor Warship Dumba and
Mehluli Tshuma for allegedly
impersonating police officers and obtaining
information on several ministers’
alleged corruption in violation of the
Official Secrets Act.
Their lawyer Beatrice Mtwetwa was also arrested for
allegedly obstructing
the course of justice.
On Wednesday they were
all remanded in custody to April 3.
The arrests are widely seen as a slap
in the face for Tsvangirai (pictured)
who has lately been expressing
optimism over prospects of free and fair
elections, while appearing to be
cosying up to President Robert Mugabe.
Tsvangirai has claimed he has an
agreement with Mugabe that whoever wins the
elections would take over
graciously, while the loser accepts defeat without
dispute.
He also
said Mugabe had agreed to rein in security service chiefs. Further,
Tsvangirai recently exonerated the Zimbabwe Electoral Commission (Zec)
secretariat – which his party charges is staffed with pro-Zanu PF personnel
with a security backgrounds – of rigging the 2008 elections, while blaming
“underhand forces” for the disputed polls despite that senior MDC-T
officials are still demanding that they be flushed out.
Events on the
ground show security forces loyal to Mugabe are still
arresting and
harassing MDC-T members and allies, after launching a
crackdown on
non-governmental organisations, further bringing into question
Tsvangirai’s
power in the coalition government and his remarks on Zimbabwe
being on
course for free and fair elections.
Contrary to Tsvangirai’s claims, the
escalating arrests and intimidation
also suggest the forthcoming elections
could lack credibility.
The latest developments appear to vindicate fears
recently expressed by
Botswana President Ian Khama, a fierce Mugabe critic,
who said he did not
think there would be free and fair elections in Zimbabwe
because
perpetrators of previous violence and manipulation of elections were
still
there.
“I have not seen any evidence that they have changed
their attitude towards
trying to ensure that Zanu PF will emerge
victorious,” Khama said. “So I
think that they are still capable of trying
to engage in intimidation,
deploying the security services to bring that
about.”
While the referendum was peaceful, there are indications of a
resurgence of
systematic repression and terror.
On March 8, police
charged Zimbabwe Peace Project director Jestina Mukoko
for allegedly leading
an unregistered organisation under the Private
Voluntary Organisations Act,
and with smuggling into the country radios and
mobile phones. Police also
raided Radio Dialogue in Bulawayo and seized
radios which they claimed were
smuggled into the country.
Last month 12-year old Christpowers Maisiri,
son of an MDC-T aspiring MP for
Headlands was burnt to death by alleged Zanu
PF thugs. There were also
incidents of violence in the run up to the
referendum, suggesting there
could be an upsurge of repression and violence
leading to the watershed
elections.
Recent poll surveys indicate the
“fear factor” is still dominant in
Zimbabwean electoral politics. They say
it arises from political violence
and intimidation, and would have a
negative impact on free and fair
elections.
The Freedom House survey
last year said 66% of respondents admitted “fear of
violence and
intimidation make people vote for parties or candidates other
than the ones
they prefer”.
Another survey by Afrobarometer said high incidents of
violence and
intimidation fundamentally affect the credibility and
legitimacy of
elections. In that survey 72% of respondents either agreed or
strongly
agreed that “each time Zimbabwe comes to important political
decisions,
violence and intimidation surface”.
The surveys show there
is consistency in the level of belief that violence
and intimidation resurge
when Zimbabwe comes to important political events,
especially elections, and
that this impacts negatively on electoral choices
and
outcomes.
Presidential elections in particular tend to be more violent,
given the
enormous powers of the presidency under the current constitution
and even
the new constitution, as well as various
legislation.
Zimbabwe’s electoral history is fraught with violence,
intimidation, fraud,
and ballot-stuffing, hence disputed polls and the
current political
stalemate.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
SADC
has expressed deep concern with the overall performance of commissions
established under the Global Political Agreement (GPA) signed by Zanu PF and
the MDC formations in 2008 which gave birth to the current unity
government.
Report by Herbert Moyo
In an exclusive interview with
the Zimbabwe Independent during the
referendum in Harare last Saturday, Sadc
executive secretary Tomaz Salomão
said he was unimpressed by the
commissions’ performance and singled out the
Joint Monitoring and
Implementation Committee (Jomic) for its failure to
fully implement its
mandate.
Jomic was set up to assess the implementation of the GPA and
consider steps
necessary to ensure the speedy and full implementation of the
agreement.
“It is not so much an issue of impediments that have come
their way, but
rather more of a question of attitude,” said Salomão. “They
can do better
and they know they can. We told them and I think they
understand that they
need to perform better.”
He however refused to
reveal the exact details of Sadc’s communication to
Jomic.
Salomão
also said he was worried by the country’s deteriorating political
environment and although he declined to confirm Sadc would convene an
extraordinary summit on Zimbabwe as demanded by the MDC formations, he
hinted at action from the regional body before the general
elections.
In the past month the country has witnessed an upsurge in
violence,
crackdown on civil society organisations and the arrest of MDC
party
officials, raising fears of descent into the chaos of 2008 which
resulted in
a sham presidential poll run-off.
“We took note of the
situation but let us do things step by step. We will
deal with these issues;
some of them before elections and some of them after
elections,” said
Salomão.
Other commissions deemed ineffective in executing their mandates
are the
Zimbabwe Human Rights Commission (ZHRC) and Zimbabwe Electoral
Commission.
Prominent academic and senior research mentor at the University
of the
Western Cape Brian Raftopoulos laid the blame squarely at the door of
Zanu
PF.
“In addition to the constitutional reform process, Zanu PF
has also hindered
the workings of ZHRC and Jomic,” said Raftopoulos. “Zanu
PF’s aim is to
delegitimise the secretariat of Jomic on the grounds that it
was in alliance
with the MDC formations and was assisting them to extend
their
organisational presence throughout the country,” he said.
There
has been limited movement on the implementation of agreed reforms with
the
only success coming belatedly in the area of constitutional reform.
Zimbabweans endorsed a draft constitution which should have been finalised
18 months into the life of the coalition government formed in 2009, but took
four years.
Key security sector and media reforms remain major areas
of contention with
Zanu PF refusing to budge.
The team of South
African President Jacob Zuma — Sadc’s facilitator on
Zimbabwe — is currently
in the country to discuss with parties to the unity
government issues
pertaining to the implementation of the Sadc elections
roadmap as the
regional bloc moves to ensure credible polls midyear
http://www.theindependent.co.zw/
March 22, 2013 in Politics
ZANU PF has practically
declared war on Sadc by refusing to allow South
African President Jacob
Zuma’s facilitation team and the bloc’s troika
representatives to work with
the Global Political Agreement (GPA) parties
through the Joint Monitoring
and Implementation Committee (Jomic).
Report by Owen
Gagare
Informed sources say this happened after two meetings at Jomic
headquarters
along King George Road in Avondale, Harare, on Wednesday and
yesterday
between Zuma’s facilitation team, troika representatives and the
monitoring
body’s officials collapsed amid fierce clashes and chaos which
signalled the
resurgence of political tensions and hostilities.
This
comes hardly a week after a constitutional referendum hailed as a
turning
point in Zimbabwe’s political and electoral processes.
On the agenda of
the ill-fated Wednesday meeting were items which included
an update from the
co-chairs, reports from the sub-committees on operations,
media and land,
the referendum and reviewing the GPA, among other things.
Jomic, widely
criticised as a toothless bulldog, now sends reports to
cabinet every two
weeks. Yesterday’s meeting was convened to discuss how the
facilitation team
can work with Jomic.
Sources said Zanu PF Jomic representatives who
included Nicholas Goche,
Jonathan Moyo and Oppah Muchinguri, refused to
allow Zuma’s facilitation
team and troika delegates to be involved in full
meetings of the GPA
monitoring and implementation body.
Zanu PF
co-chair Patrick Chinamasa did not attend as he was said to have
travelled
with President Robert Mugabe to the Vatican.
The MDC-T was represented by
Elton Mangoma, Innocent Chagonda, Tabitha
Khumalo and Elias Mudzuri, while
the MDC had Priscilla
Misihairabwi-Mushonga, Qhubani Moyo, Paul Themba
Nyathi and Frank
Chamunorwa.
Sources said Zanu PF representatives,
led by Moyo, argued the facilitation
team should not attend Jomic’s full
meetings as that was an infringement of
the GPA which says parties must be
left alone to resolve their issues, while
it also undermined Zimbabwe’s
sovereignty.
They also argued it was not true Jomic was moribund and
needed to be
re-activated through the participation of the facilitation team
as its
sub-committees and other structures were working.
Further,
they argued facilitation only happens at the level of principals,
not Jomic,
and if Sadc representatives got into the Jomic meetings they
would become
part of a monitoring structure expected to watch over all
stakeholders,
including them.
“Zanu PF officials, especially Moyo, raised all these
issues saying the
facilitation team must not be involved in Jomic meetings.
They feel that the
facilitation team is being intrusive, snooping on their
affairs and is
trying to remain relevant after it was left behind by recent
events,” one
Jomic official said. “The other issue is that Zanu PF thinks
donors want to
monitor the next elections and control the electoral process
through Jomic.”
Sources said the Zanu PF team’s belligerent position
caused heated
exchanges, with vicious clashes between Jonathan Moyo and
Mangoma.
Misihairabwi-Mushonga was also involved although she was said to
have been
“restrained”.
The Jomic battles in Harare –– which have
sent alarm bells ringing across
the Sadc region –– follow a recent meeting
of the Sadc troika on Politics,
Defence and Security on March 9 in Pretoria,
which demanded the troika’s
representatives from Tanzania, Zambia and
Namibia “must be enabled to
actively participate in Jomic”.
In his
report to the troika, Zuma made 10 recommendations which include the
need
for urgent full implementation of the GPA, elections roadmap,
outstanding
issues, security sector re-alignment, cessation of repression
and violence,
cleaning up of the voters’ roll, election observers,
referendum and free and
fair elections.
Sources said Goche, Jonathan Moyo and Muchinguri also
rejected the
participation of Zuma and the troika teams, claiming they were
not aware
Jomic co-chairs had recently agreed they should attend Wednesday’s
meeting.
Jomic co-chairs met with the facilitation team on March 12 where
the troika
representatives were introduced.
Sources said the snubbing
of the facilitation team would be seen in the
region as a slap in the face
for Zuma, who was appointed by Sadc as
facilitator to the Zimbabwe crisis
replacing his South African predecessor
Thabo Mbeki, by Tanzanian President
Jakaya Kikwete who chairs the Sadc
troika and the regional bloc in its
entirety.
“The refusal to allow the facilitation teams to participate in
Jomic
meetings is a slap in the face for Zuma and the blocking of troika
representatives means a rejection of Sadc resolutions, particularly those
from the Livingstone, Sandton, Luanda, Maputo, Windhoek, Dar es Salem and
Pretoria summits,” a senior Sadc diplomat said. “In short, this is
declaration of war on Sadc by Zanu PF representatives.”
The Jomic
fracas came a day after Sadc executive secretary Tomaz Salomao
told Zimbabwe
Independent (See story on Page 7) that the regional bloc was
unhappy with
the way the monitoring body was operating.
Sources said the Wednesday
meeting was convened after Jomic co-chairpersons,
Chinamasa,
Misihairabwi-Mushonga and Mangoma agreed to call for a full Jomic
meeting at
1pm on Wednesday when they met on March 13.
“Jomic co-chairpersons from
the MDC formations informed their parties about
the meetings, but Goche, who
arrived at the venue at 2pm well after the Sadc
team and other officials had
arrived, claimed not to know anything about
that,” a source said. “This
allowed Zanu PF representatives to refuse to
allow the facilitation and
troika teams to participate in the full Jomic
meeting.”
A team
comprising Moyo, Mangoma, Chagonda, Qhubani Moyo and Paul Themba
Nyathi was
then formed and tasked to come up with the terms of reference on
how the
facilitation team would work with Jomic. Goche was expected to
attend but
did not. The team met yesterday morning at Jomic offices, minutes
of the
meeting were seen by the Independent show.
“It was noted that the
meeting was agreed to in the meeting held on
Wednesday 20 March 2013 to
discuss how the facilitation team can work with
Jomic. Honourable Mangoma
highlighted that their party was happy for the
facilitation team to sit in
Jomic meetings and ask questions where they
needed clarification. It was
also noted that Jomic should submit regular
reports to the facilitation team
on the work being done,” minutes say.
“Honourable Professor J Moyo
highlighted that their party position is that
the facilitation team should
interact with Jomic through the
co-chairpersons.
Jomic is a process
of three political parties therefore it would not be
appropriate for the
facilitator to sit in Jomic. Jomic should monitor all
GPA processes
including the role of the facilitator and Sadc. The
facilitation team can
receive reports from Jomic as they may need. The work
of Jomic should not go
beyond the GPA processes, and should not extend to
the observation of the
forthcoming elections because this is a national
process.”
Qhubani
Moyo, the minutes say, noted the position of his party is that there
should
be pronounced interaction of the facilitation team and Jomic. He said
the
facilitation team could sit in Jomic meetings and ask questions for
further
clarification. The facilitation team should receive regular reports
from
Jomic, while the monitoring body should submit regular reports to
cabinet.
“It was noted that the parties had different positions on
how Jomic should
interact with the facilitation team, and on the role of
Jomic in the
forthcoming elections. The chairperson (Mangoma) noted that the
parties
should communicate their positions to the facilitation team,” the
minutes
say.
“Honourable Professor J Moyo highlighted that he was not
mandated to talk to
the facilitation team therefore he would not participate
in the meeting with
the facilitation team.”
http://www.theindependent.co.zw/
March 22, 2013 in Politics
PRINCIPALS
of the government of national unity (GNU) and cabinet ministers
will get a
windfall — in the form of cash, houses, residential stands, and
luxury cars
— as they have now finalised plans for golden handshakes in the
form of
plump exit packages when the tenure of the current coalition
arrangement
ends in June.
Report by Brian Chitemba
President Robert Mugabe,
Prime Minister Morgan Tsvangirai, Vice-President
Joice Mujuru, and deputy
prime ministers Arthur Mutambara and Thokozani
Khupe are expected to get
hefty packages running into hundreds of thousands
of dollars, while
ministers would each get US$30 000, residential stands in
affluent suburbs,
three luxury cars including Mercedes Benz and
top-of-the-range
SUVs.
However, one minister has reportedly declined the costly packages
which will
further bleed the bankrupt government and economy, arguing it was
a waste of
taxpayers’ money. He also warned people would be outraged by this
move.
As first reported in the Zimbabwe Independent last month, there
have been
ongoing discussions over the exit packages that would cost
Treasury millions
of dollars at a time the country is struggling to provide
basic services
like clean water, electricity and pay civil servants, as well
as fund
electoral processes.
Cabinet ministers — who caused a furore
over cars when they came into office
four years ago — drew strength to
demand the hefty benefits after the GNU
built houses or was planning to do
so for Tsvangirai, the vice-presidents
and the deputy prime
ministers.
Sources said it was finally agreed Mugabe, Tsvangirai, Mujuru,
Mutambara and
Khupe as well as the 35 cabinet ministers and 18 deputy
ministers would
receive “golden handshakes” before leaving office.
Apart
from the ministers’ exit packages, MPs are also pressing for vehicles
and
more allowances.
MPs were previously given US$15 000 each.
The
House of Assembly started off with 210 legislators, but that number is
now
down to 190 because of deaths and suspensions. The senate had 93
members, a
third of them unelected, among them 10 chiefs, 10 governors and
those
appointed by the principals. There are now 80 left.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
WHILE the
two MDC formations in the inclusive government appear to have all
but given
up on pushing for political reforms before the next elections,
Sadc leaders
remain determined to ensure the poll roadmap is fully
implemented to ensure
credible polls.
Report by Wongai Zhangazha
Prime Minister Morgan
Tsvangirai (MDC-T) and MDC leader Welshman Ncube have
lately been
conspicuous by their silence on the reform agenda while regional
leaders
have been increasingly active in pushing for full implementation of
the
Global Political Agreement (GPA) and election roadmap.
Sadc-appointed
facilitator South African President Jacob Zuma, for the
second time in as
many weeks, dispatched his facilitation team to Harare to
check on the state
of the country’s preparedness for elections and progress
on the full
implementation of the GPA.
On Wednesday Zuma’s facilitators Mac Maharaj,
Lindiwe Zulu and Charles
Nqakula met with the full Jomic team but the
meeting collapsed due to fights
between Zanu PF and MDC
parties..
According to sources, Jomic was expected to present the
facilitators with
reports detailing its work since the body was
formed.
Two officials from Tanzania and Zambia seconded to Jomic to
strengthen it
were also introduced to the full Jomic team.
“It was
mentioned in the meeting that Namibia was expected to send a
representative
soon to join the two other representatives. Jomic meetings
with the
facilitation team collapsed due to disagreements between Zanu PF
and MDC
parties,” said a source.
The officials were supposed to join Jomic last
year, but disagreements over
their terms of reference by the political
parties delayed their deployment.
Zanu PF wanted their terms of reference
clarified to ensure they would not
interfere with the country’s
“sovereignty”.
Zuma presented a report to the Sadc Troika of the Organ on
Politics, Defence
and Security Cooperation early this month where he
suggested several
recommendations to expedite the implementation of
outstanding GPA issues.
He recommended that all outstanding issues be
attended to urgently,
emphasising “it is extremely urgent that all matters
agreed upon in terms of
the GPA are implemented speedily”.
Zuma
recommended that Jomic be activated as a matter of priority.
“The
facilitation team supplemented by the representatives of Tanzania and
Zambia
must be enabled to participate actively in Jomic.
Namibia, as the
incoming chair of the Troika, should be included.
Without the above two
points, it will be difficult to ensure that there is
no intimidation and
that violence is not allowed to escalate, if and when it
occurs,” Zuma’s
report reads.
Zuma also recommended the cleaning up of the voters roll
arguing that it
would make the election roadmap realistic. He called for a
resolution of the
differences between the parties regarding the role of
observers, using as
baseline local laws and the Sadc Protocol.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
GLOBAL
Political Agreement negotiators Patrick Chinamasa (Zanu PF), Elton
Mangoma
(MDC-T) and Priscilla Misihairabwi-Mushonga (MDC) leave for London
over the
weekend to engage the international and donor community on the
country’s
needs before and after elections.
Report by Owen Gagare
The trio
is part of Zimbabwe’s international re-engagement team and will use
their
London trip to persuade the donor community to assist in funding the
crucial
elections around mid-year.
Britain’s ambassador to Zimbabwe Deborah
Bronnert confirmed the London
meeting –– organised by the Friends of
Zimbabwe and her embassy –– would be
held next Tuesday.
“All the
major donors will be represented at the meeting which is basically
part of
the re-engagement process,” said Bronnert.
“The EU (European Union) and
all the major donor countries such as the UK,
United States, Australia,
Germany, Canada, Japan and Switzerland, among
others, will be represented.
International financial institutions such as
the International Monetary Fund
and international bodies such as the United
Nations and its agencies such as
the United Nations Development Programme
(UNDP), will also be in
attendance.”
Diplomats from Sadc accredited to Britain will also attend
the meeting.
Mangoma said the re-engagement team had no mandate to plead for
election
funds although they would highlight the country’s plight in the
run-up to
and after the polls.
“We will indicate that Zimbabwe has no
money and by stating that, we are
indirectly asking for assistance,” said
Mangoma. “However, our team has no
mandate to ask for poll funds because
these have already been submitted to
the UNDP by the relevant
people.
“We will talk about the country’s needs in the near future and in
the
long-term so that the international community understands
them.”
Finance minister Tendai Biti and Chinamasa, who were tasked by the
unity
government principals to source funding for the just-ended referendum
and
general elections, wrote a letter to the UNDP resident representative
Alain
Noudehou dated February 4 asking for assistance to raise US$250
million for
the processes.
In the letter the two ministers revealed
Zimbabwe only had a combined budget
of US$25 million, yet the two processes
would cost US$250 million.
About US$85 million was needed for the
referendum, which eventually cost
about US$55 million, while elections
require US$107 million.
The UNDP played a crucial role by mobilising US$21
million for the
constitution-making exercise.
The re-engagement team
was last year expected to engage Chatham House, the
home of the Royal
Institute of International Affairs which specialises in
independent analysis
and informed debate among other things.
The institute engages
governments, the private sector, civil society and its
members in open
debates and confidential discussions about significant
developments in
international affairs.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
FAR from genuinely
committing to reforms to usher in a democratic
dispensation in Zimbabwe,
Zanu PF has been using the Global Political
Agreement (GPA) to regroup and
recover from an all-time low culminating in
President Robert Mugabe’s March
2008 first round electoral defeat by the
MDC-T leader, Prime Minister Morgan
Tsvangirai.
Herbert Moyo/Elias Mambo
Brian Raftopolous, a senior
research mentor at the University of the Western
Cape, told the Zimbabwe
Independent in an interview last Friday Zanu PF had
benefitted immensely
from the coalition government, disunity between the MDC
formations as well
as allegations of corruption levelled against MDC
officials.
Raftopolous said the MDC formations had also benefitted by
gaining
experience in government and understanding statecraft, although they
faced
challenges of dealing with their own structures as well as corruption
within
their ranks.
“Their biggest challenge was that they failed to
work together from the
beginning and even allowed themselves to be divided
by Zanu PF, especially
on the (Deputy Prime Minister Arthur) Mutambara
issue,” said Raftopolous.
“Their lack of co-ordination weakened them. On
the whole, Zanu PF has
benefitted the most because, having lost the 2008
elections, they got a
second chance to regroup, rebuild and start trying to
deal with issues of
their legitimacy.”
Zanu PF, Raftopolous said, has
never sought genuine reforms towards a
democratic dispensation but only
agreed to form a coalition government with
the intention of regrouping and
consolidating after plunging to the nadir of
legitimacy after the 2008
electoral defeat.
Raftopoulos also said Zanu PF has profited from its
close connection with
the security sector while in a coalition government
with the MDC parties and
has continued to use systematic violence, among
other measures, to reassert
its dominance in government and on the political
landscape.
“In the framework of as highly contested political framework
like the GPA,
the deployment of security forces, intimidation and punishment
have remained
key resources in Zanu PF’s battle to retain state power,”
Raftopoulos said.
Apart from violence, he said Zanu PF had capitalised on
its patronage system
based on the exploitation of diamonds from Marange as
well as rolling out an
election plan based on the controversial
indigenisation programme.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
ZIMBABWE’S
imperial presidency which gives the incumbent almost unfettered
powers and
control over all the arms of government, something which has been
the source
of much debate around constitutional reforms since 1987, has
largely
remained intact in the draft constitution endorsed in last weekend’s
referendum, a legal analyst has said.
Report by Paidamoyo
Muzulu
Research and Advocacy Unit senior researcher Derek Matyszak says
the Copac
draft constitution was not substantially different from the
Lancaster
Constitution in many respects with the exception of limiting
presidential
terms to a maximum two five-year tenures and his powers to
dissolve
parliament.
Matyszak says the structure of the executive and
presidential powers under
the draft constitution resembled those under the
current Lancaster House
Constitution.
“The changes that are of some
significance are the removal of the power to
dissolve parliament and the
dilution of the president’s influence over the
choice of judges and the head
of public prosecutions –– though considerable
influence remains,” Matyszak
says.
Matyszak notes the president still retains significant control over
the
security sector, especially their operations as well as the appointment
of
senior officers.
Zanu PF has steadfastly resisted security sector
reforms as spelt out by the
Global Political Agreement as security forces
are credited with helping
President Robert Mugabe retain his stranglehold on
power.
“The president’s plenary control over the security sector remains
in place
and little effective change has been made to security sector
governance.
Given that the need for reform to the manner in which the
security sector is
governed has been noted as the single most important
factor in ensuring
democratic elections in Zimbabwe and key to ensuring the
rule of law, it is
remarkable that this aspect of the constitution remains
largely unchanged,”
he states.
Matyszak further argues the endorsed
draft allows a defeated president to
continue in office while the
Constitutional Court decides electoral
petitions or a runoff
poll.
“Accordingly, an incumbent president who ‘wins’ an election
subsequently
ruled invalid may nonetheless remain in office for 74 days
following the
vitiated election. The possibility also exists that the second
election (and
subsequent elections) is likewise ruled invalid. Throughout
this period, the
incumbent will remain in office,” he
observes.
Matyszak further notes the president would still exercise the
prerogative of
mercy and declaration of a state of emergence just like under
the Lancaster
House constitution.
The draft further preserves the
president’s powers in signing international
treaties and wide powers in
assenting to or rejecting bills from parliament.
The president also has
legislative powers just as much as parliament, thus
further erasing the
principle of separation of powers.
Matyszak says although international
treaties concluded by the president do
not bind Zimbabwe until approved or
exempted from approval by parliament,
the draft constitution still empowers
the president to sign treaties without
prior parliamentary approval.
http://www.theindependent.co.zw/
March 22, 2013 in
Politics
INTENSIFYING power struggles within Prime Minister Morgan
Tsvangirai’s
MDC -T are threatening to widen fissures in the party due to
disagreements
over the appropriate elections campaign strategy to adopt
ahead of
harmonised elections later this year.
Elias Mambo/Herbert
Moyo
Sources said a meeting at which two strategies were tabled before
the party’s
standing committee for consideration and adoption of the better
strategy
ended without consensus as debate raged.
MDC-T organising
secretary Nelson Chamisa and party secretary-general Tendai
Biti are said to
have proposed an all-inclusive, party-centered campaign
strategy which most
senior party members seem to favour, while Tsvangirai’s
chief advisor Alex
Magaisa is said to prefer a presidentially-driven
campaign strategy similar
to that of the United States.
A party-centred approach concentrates on
winning parliamentary seats while a
presidential one entails directing
efforts at campaigning for the party
president with the hope that the
party’s legislative candidates would also
benefit.
Tsvangirai faces
stiff resistance from his lieutenants pushing for the
adoption of a
monolithic party campaign strategy where sitting MPs campaign
for the party
as well as their presidential candidate.However, Tsvangirai is
said to be
pushing for a presidential-campaign driven approach in which all
party
members rally behind him before they canvass for votes for themselves.
“A
presidentially-driven campaign thrust would ensure that Tsvangirai is
safe
because those wishing to represent the party as MPs are expected to
campaign
for the president first,” said the source.
“Tsvangirai wants everyone to
campaign for him. He fears the Zanu PF bhora
musango situation where MPs
campaigned for themselves and told the
electorate to vote for whomever they
wanted in the 2008 presidential
elections,” the source said. MDC-T spokesman
Douglas Mwonzora was
unavailable for comment.
In June 2008, President
Robert Mugabe only managed to retain his position
after Tsvangirai boycotted
a run-off contest citing state-sponsored violence
and killings, forcing the
formation of a coalition government.
Zanu PF MPs had revolted against
Mugabe at the height of the political and
economic meltdown.
http://www.theindependent.co.zw/
March 22, 2013 in Politics
FOLLOWING the
constitutional referendum last weekend in which Zimbabweans
endorsed the
draft constitution with a landslide, the spotlight is now
shifting to
watershed general elections due mid-year where the presidential
race
featuring perennial rivals, President Robert Mugabe and Prime Minister
Morgan Tsvangirai would be the high-point.
Elias Mambo
The
results of the referendum have been embraced by some to claim that
Mugabe
and Zanu PF would win the next polls since there was supposedly a
high voter
turnout in their traditional political strongholds.
Mugabe and his party
have also of late been buoyed by favourable election
surveys which point out
they have significantly recovered from their
pathetic performance in
2008.
In the 2008 parliamentary polls, the Tsvangirai-led MDC-T won 99
seats in
the Lower House, followed by Zanu PF with 97 seats and the MDC,
then led by
deputy premier Arthur Mutambara, with 10. The results denied
Zanu PF a
legislative majority for the first time in the country’s 28-year
history.
In the senate, Zanu PF took half of the 60 elected seats, but it
also
controlled the chamber’s 33 unelected seats. The MDC-T and MDC, won 24
and
six senate seats, respectively.
When the Zimbabwe Electoral
Commission (Zec) finally released the
presidential election results after a
five-week delay, it announced that
Tsvangirai had defeated Mugabe by 47,9%
to 43,2%, requiring a run-off
between the two.
The MDC-T accused Zec
of fraud and claimed Tsvangirai had won the election
outright with 50,3% of
the vote. As evidence, the party cited an extensive
parallel vote count
conducted by a network of civic groups.
Following Mugabe’s shock defeat
in the first round of polling, Zanu PF
militias and state security forces
began a brutal campaign of violence
calculated to exert vengeance and
intimidation against MDC members and their
suspected supporters in civil
society groups, including the media.
Tsvangirai ultimately withdrew from
the blood-soaked June presidential
election run-off, allowing the unopposed
Mugabe to claim 85% of the vote
amid low turnout and many spoiled
ballots.
Political violence continued after the
elections.
According to international and domestic human rights
organisations, at least
200 MDC activists and supporters were killed over
the course of 2008, about
5 000 were beaten, tortured or maimed, while more
than 10 000 were
displaced.
As a result, Mugabe’s purported victory
was widely rejected, even by
regional and African leaders. In September
2008, Zanu PF and the MDC parties
then reached a power-sharing agreement
brokered by Sadc — the Global
Political Agreement (GPA) — that allowed
Mugabe to remain president, created
the post of prime minister for
Tsvangirai, and distributed ministries to
Zanu PF (14, including defence,
state security, and justice), Tsvangirai’s
MDC-T (13, including finance,
health, and constitutional and parliamentary
affairs), and Mutambara’s party
three.
A constitutional amendment creating the post of prime minister was
enacted
in February 2009, and the new government was sworn in that
month.
However, in practice, Mugabe retained control of the powerful
executive, and
after that he unilaterally re-appointed the governor for the
central bank,
the attorney-general, and the police commissioner-general, as
well as a
number of senior judges and diplomats.
Mugabe also refused
to swear in MDC-T deputy minister Roy Bennett and all of
its provincial
governors, appointing Zanu PF loyalists instead.
So inevitably after the
referendum, there is already debate over who stands
to benefit more from the
process and its outcome between Mugabe and
Tsvangirai. The state media claim
“Zanu PF strongholds in rural areas
recorded high turnouts to drive the
‘Yes’ vote with MDC-T-dominated urban
areas recording low endorsement in
some areas which suggests Zanu PF is
poised for a landslide
victory”.
Analysts have contending views on who is currently more solid
and stronger
between Mugabe and Tsvangirai ahead of
elections.
Political analyst Ibbo Mandaza says Tsvangirai will defeat
Mugabe in any
credible poll. He says Tsvangirai has age on his side and his
long-running
anti-Mugabe campaign still has momentum.
Mandaza said
that besides his record of failure, Mugabe’s chances have been
dented by
intensifying factionalism and infighting within Zanu PF, mainly
caused by
his protracted succession battles.
“Those in his party are not happy with
his candidature so another scenario
of bhora musango (a protest strategy in
which Zanu PF candidates sabotaged
Mugabe by campaigning for themselves
while urging their supporters to back
any other presidential candidate) is
likely to contribute to his demise,”
said Mandaza.
Zimbabwe Democracy
Institute director Pedzisai Ruhanya says Tsvangirai has a
chance to win the
polls if he can unite anti-Mugabe forces to eliminate
division of the vote
which prevented him from an undisputed victory in 2008.
“Judging by
results from previous elections, Tsvangirai has a chance to win,
but that
will also depend on whether he can rally a strong pro-democracy
coalition
that comprises organisations like the National Constitutional
Assembly,
Progressive Teachers Union of Zimbabwe and the International
Socialist
Organisation,” said Ruhanya.
He said Mugabe’s old age and ill-health were
his major handicaps as each
passing day made the ageing leader less
appealing and vulnerable.
Mugabe turned 89 last month, making him
Africa’s oldest leader.
Other observers say Tsvangirai will only secure
outright victory if the two
MDC formations unite against Mugabe. But
Tsvangirai and his rival Welshman
Ncube, leader of the MDC, have ruled out
any prospects of an alliance.
The animosity between Tsvangirai and Ncube
runs deep and led to the party’s
split in 2005. An attempt to forge an
alliance failed in 2008, partly
because the parties could not agree on the
allocation of government
positions if they won.
In his autobiography
At the Deep End, Tsvangirai claimed Ncube’s MDC did not
have any influence,
saying “they were simply riding on my popularity, in the
forlorn hope that
part of it would rub off on to them”.
Analysts say given the current
delicate balance between Mugabe and
Tsvangirai, Ncube, whose party has
picked up some momentum, could eventually
be the kingmaker.
They say
Mugabe’s prospects hinge on land reform and indigenisation
programmes — its
main campaign strategy — claimed to have benefitted rural
communities which
form a huge part of the electorate.
Brian Raftopoulos, director of
research and advocacy in the Solidarity Peace
Trust, says Zanu PF has
regained popularity through its empowerment
programmes, and that could help
Mugabe.
“By implementing this controversial programme, Zanu PF has managed to
claw
back some space and increase its support base,” said
Raftopoulos.
“The four years in the inclusive government has also given
the former ruling
party some breathing space to re-organise its structures
after the 2008
election loss while the MDC parties are likely to fail to
unite to enhance
their chances of unseating Mugabe in the next
elections.”
While Mugabe is offering land reform and indigenisation,
Tsvangirai has come
up with a new economic blueprint called Juice (Jobs,
Upliftment, Investment,
Capital and Ecology) which however has failed to
create election hype.
Since 2000, Tsvangirai has largely relied on the
anti-Mugabe sentiment to
garner votes while his rival has used empowerment
as well as political
terror to hang onto power. Surveys say Zimbabweans
remain anxiously
uncertain about the political future of their country, not
sure who will
win, although they give Mugabe and his party a doubtful
edge.
http://www.theindependent.co.zw/
March 22, 2013 in Business
A NEW golf
resort and residential estate has been planned for the former
Ruwa golf and
country club, a leading property house has said.
Clive
Mphambela
Trust Properties managing director Isaac Chimbetete told
businessdigest this
week that all the necessary groundwork for the property
development to
commence is now done.
“The result demonstrates how the
best aspects of a members only residential
club development can be
successfully combined with resort facilities to
create a unique lifestyle
destination,” Chimbetete said.
The estate will house a new hotel and
other amenities that will enable both
Zimbabwean and foreign golf
enthusiasts to share this facility with
residents.
According to Trust
Properties, the former Ruwa Country Club has a recently
completed brand new
18-hole championship golf course and the 75-year old
clubhouse has undergone
extensive refurbishment which was “designed to
retain its old charm whilst
at the same time delivering modern conveniences”.
Situated east of Harare
approximately 26 kilometres along Mutare Road, the
new estate is within easy
reach for most golfers.
“The existing club facilities and the development
are owned and operated by
Ruwa Golf Resort Holdings Limited which is also
the developer,” Chimbetete
said.
The estate will sit on 144 hectares
(360 acres) and was created by
consolidating two adjoining properties, one
of which housed the original
Ruwa Golf and Country club. The new property
has been sub-divided to create
a “recreational area” comprising the golf
course, hotel, conference centre
and other facilities.
The remainder
is divided into 168 residential stands of approximately 2000
square metres
(half an acre) each. These stands will be sold for residential
development
on a freehold title basis.
Purchasers of residential stands, which will
be serviced by the developer,
will be required to meet certain minimum
building standards and conform to
external uniformity of roofing pitch,
materials, exterior window profiles
and finishes.
The up-market golf
resort will be Zimbabwe’s second such development after
Borrowdale
Brooke.
http://www.theindependent.co.zw/
March 22, 2013 in Business
DAIRIBORD
Holdings Ltd sees a 12% growth in turnover this year compared to
last year
supported by the group’s heifer programme, which is expected to
augment milk
supply, a company official said.
Dairibord kick-started its milk supply
development programme during the
fourth quarter of last year by importing
250 heifers. The heifers were
allocated to 10 farmers across the
provinces.
The move by the company follows a similar one by Nestle
Zimbabwe that saw
the Swiss-controlled multinational investing US$14 million
into the
importation of 2 000 heifers.
National milk supply remains
low against demand but players in the dairy
industry believe it is
government’s responsibility to promote it.
Zimbabwe has the highest
producer price for milk in the world at between
55-59 US cents a litre
against 35-39 US cents a litre in South Africa, 18-20
US cents in Uganda, 28
US cents in Kenya, 22 US cents in US and 14-21 US
cents in New
Zealand.
Chief executive Anthony Mandiwanza told an analysts’ briefing on
Wednesday
the group expects milk supply to grow 10% above last
year.
National raw milk production was up 6% while the group’s intake was up
8% on
the back of the milk supply development initiative.
In the year
to December 2012, the group’s revenue grew 11% to US$106,9
million on the
back of a 10% increase in volume.
Operating profit however was down 10%.
The group’s FD Mercy Ndoro explained
this was because group had not adjusted
consumer prices against rising
operating costs.
Mandiwanza said
volumes had been driven by an increase in capacity
utilisation on ice cream
and peanut butter, but liquid milk volumes had not
been able to grow because
of supply constraints.
He also said the group’s Malawi operations had
suffered following a cocktail
of problems, among other things, the
devaluation of the Malawian Kwacha and
power outages. Raw milk intake was
10% below last year as they had been
unable to collect milk
timely.
In terms of the revenue streams, Mandiwanza said these were
evenly spread
over the three key portfolios; milks, foods and beverages.
http://www.theindependent.co.zw/
March 22, 2013 in
Business
A SENIOR Barclays Africa executive is set to jet into the
country next week
to meet with Indigenisation minister Saviour Kasukuwere to
chart the course
on how the financial conglomerate’s local operation —
Barclays Zimbabwe —
can meet indigenisation requirements as the minister
ratchets up pressure on
foreign-owned banks to comply by June.
Staff
Writer
According to sources, Barclays Africa chief executive and head of
Africa
Group Strategy Kennedy Bungane has a scheduled meeting with
Kasukuwere on
Tuesday to iron out indigenisation compliance
issues.
This comes after Kasukuwere wrote a letter to the Reserve Bank
governor
Gideon Gono on March 8 2013, insisting indigenisation of banks was
well
underway.
The minister warned Gono banks were not exempt from
Indigenisation, a demand
to which Gono said he would not succumb. The letter
was copied to the chief
secretary to the President and Cabinet Misheck
Sibanda, his deputy retired
Colonel Christian Katsande and Central
Intelligence Organisation
director-general Happyton Bonyongwe.
In the
letter, Kasukuwere says General Notice 280 of 2012 in terms of
Section 5(4)
of the Indigenisation and Empowerment Act prescribed the
indigenisation
framework for the financial services sector.
“The General Notice requires
all financial institutions to comply with the
51% indigenous shareholding
requirement within a period of one year from the
date of publication of the
notice,” reads the letter.
Kasukuwere said he was proceeding accordingly
to enforce the statutory
requirement.
“As a regulatory authority for
the financial services sector, you will be
consulted, consistent with the
laws of the country, at the appropriate
time,” the letter by Kasukuwere to
Gono stated.
Kasukuwere this week confirmed the meeting with the Barclays
Africa boss.
According to documents seen by businessdigest, Barclays,
which has a
localised shareholding of 32,23%, wants to give a stake to an
employee share
ownership scheme, a pension fund scheme as well as
empowerment credits.
The other foreign-owned banks, Standard Chartered,
Stanbic and MBCA have
almost similar plans. Gono insists Kasukuwere must
stay away from banks.
Barclays has also proposed to raise funding for the
agricultural sector of
up to US$100 million.
The National
Indigenisation and Economic Empowerment Board is currently in
talks with the
banks to craft the best way of implementing the plans.
Kasukuwere said
this week indigenisation was not just a policy, but the law,
which means all
the companies which fall within the brackets must comply.
“If there is in
any foreign-owned company which does not want to follow the
law then we will
consider them as having taken a political position,” he
said.
Kasukuwere said overall, banks should play an important role in
economic
recovery.
Kasukuwere and Gono remain at war over the
indigenisation of the banking
sector. Gono’s position is that the planned
sale of the 51% stakes in the
financial services sector is illegal because
there is no law that provides
for arbitrary expropriation of banking assets
in Zimbabwe.
He also says indigenisation statutes clash with banking
laws. But Kasukuwere
insists that there is a provision in the indigenisation
law, which says that
the ministry has jurisdiction over the compliance of
all business interests
in the country.
Barclays Zimbabwe CEO George
Guvamatanga could not be reached for comment.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
THE formality
of adopting the new constitution has come and gone, and so has
the
expenditure associated with it.
Candid Comment with Itai
Masuku
But it’s not over yet. To quote an expression, the mother of all
expenditures is next; the general elections.
We are told some US$100
million or so is needed for this exercise and
everyone is now being taxed to
fund it. Businesses are being cajoled into
financing the elections. We
understand all the three major political parties
are going for broke in
these elections. These are watershed s and along with
them watershed
expenditure.
The biggest question is, while all the political parties in
the unity
government will be busy preparing for the elections, who will be
watching
the economy?
The very fact that there is intra-party
factional fighting within the main
political parties means all the energies
of the members of the government
will be directed towards their political
survival.
In politics a week is a very long time, Harold Wilson once
said, and the
fact that we are not sure whether these elections are going to
be held in
June, July or September as has been mooted variously, means
political
uncertainty will evidently translate into economic uncertainty for
a long
time. As usual, some investors are already adopting a wait-and-see
attitude.
Others are taking positions ahead of what they think will be a
once-in-a
lifetime opportunity.
Unfortunately for the populace some
within the leadership are on the last
chance train for plunder. This is
unfolding in the anti-corruption saga
unfolding. Where this will end is
anybody’s guess but one thing is certain:
a “loota” continua before the
opportunity goes. We all recall the unity
government began on a very sound
footing by stemming unchecked expenditure
and sticking to a zero-balanced
budget.
When Zanu PF appeared determined to hold elections last year, we
slipped
into deficit spending. Now we are skating.
By the way, the
expanded legislature from the new constitution will increase
government
expenditure.
A question for our unity government is: what economic legacy
will it leave
behind?
Shall we credit it with restoring the crucial
macro-economic fundamental of
price stability? Honestly speaking,
dollarisation began before the unity
government and technically it’s a
fallacy to attribute price stability to
the GNU. In fact signs are the GNU
has overseen the return of inflation,
this time in US dollar
terms.
Inflation figures released by Zimstat claim February annual
inflation was
2,98% or something fantastic like that. Firstly, how do you
keep inflation
at that level when you have the magnitude of deficit spending
we are in?
Secondly, how do you attain such a level when the trade balance
is hugely
against us? A child going to boarding school can justify to you
why they
need more pocket money.
We don’t know the details of
Zimstat’s basket of goods to measure the
Consumer Price Index, but what we
know is the basket of goods we get from
our supermarkets is costing more by
each day.
Just by way of illustration in 2009 US$100 could get one a
trolley full of
goods in most of Zimbabwe’s supermarkets and two trolleys in
Messina or
Francistown. Now, you’ll be extremely lucky if you can fill half
a trolley.
The only product that has gone down in price is Schweppes’ Mazoe
Orange.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
Last week’s
referendum on the proposed new constitution was a small but
positive step
towards a Zimbabwean economic recovery of substance, albeit
that many
further steps are needed, most of which will have to be of an even
greater,
economically-conducive nature.
Opinion by Eric Bloch
An essential
for Zimbabwe to achieve the long-desired comprehensive economic
recovery is
extensive investment from both domestic and foreign investors.
Investment
security is also a prerequisite for almost all potential
investors.
The absence of confidence in such security being assured
is the most
pronounced reason for most who would otherwise invest to refrain
from doing
so.
In like manner, lines of credit and loans are not
forthcoming, be it to
government, banks and other financial institutions,
commerce and industry
and key economic sectors, unless the would-be lenders
have great confidence
that their funding, and the repayment thereof, is
secure and assured.
One of the key elements that make investors and
lenders feel their funds are
secured is that the country into which the the
money is being injected is
governed in accord with fundamental principles of
democracy, it has complete
adherence to preservation and implementation of
law and order, and
unequivocal respect and observance for human and property
rights.
Most of these essential elements have been absent in Zimbabwe for
many years
and hence there is an ever-greater reticence on the part of
would-be
investors and financiers to engage in any transactions in
Zimbabwe.
This has impacted adversely on all sectors of the economy, and
indirectly on
government and its much-needed fiscal resources.
In
particular, it has constrained the operations and development of the
manufacturing, commercial, tourism and agricultural sectors and even to some
extent the exploitation of Zimbabwe’s vast mineral resources. But the first
evidence of a positive change was last week’s constitutional
referendum.
For in contrast to elections over the preceding three
decades, it was
conducted with a high level of transparency, efficiency, and
was almost
devoid of intimidation, harassment of voters, and concomitant
violence.
While after many years of extremely non-transparent,
undemocratic elections,
the referendum was conducted in a much better
manner, a high level of voter
apathy was inevitable, resulting in less than
half of those who could vote
doing so.
Nevertheless, the three
million who cast their votes were able to so in the
manner they wished,
without any severe external pressures upon them.
Moreover, although the
new constitution is not perfect, and incorporates
diverse concessions by the
various political parties that were engaged in
pursuing its formulation, it
has some significant improvements over the
constitution that was, to all
intents and purposes, imposed on the populace
in 2000.
Among the more
significant, and potentially economically beneficial changes
incorporated in
the new constitution is that rural lands will be negotiable
and transferable
by way of cession of leases (for title deeds are not being
reinstated, but
the negotiability and transferability does accord a
significant element of
title), and this will accord the under-capitalised
farmers access to
borrowings to fund their operations, once financial
institutions enjoy a
restoration of liquidity.
This will be a key element of Zimbabwe
regaining its former repute as the
“bread basket of the region”, instead of
being highly dependent on costly
imports to meet the basic food needs of the
population.
The partial provision within the new constitution of gender
equality is also
a material factor in pursuing economic development and
growth, as also are
some of the modifications to the qualifications to
attain or retain
Zimbabwean citizenship, notwithstanding that many who had
dual citizenship
prior to 1984 are still unable to regain such
status.
A further factor which has enabled the world at large to perceive
that
Zimbabwe is beginning to pursue democracy was that the referendum was
so
structured as to enable almost all who wished to vote (and were qualified
to
do so) to be able to do so without undue burden of vast distance
travel.
This is because 9 000 polling stations were operational
throughout the
country.
Regrettably, however, postal voting was not
reinstated, which would have
further enabled voter participation.
The
fact that the referendum was conducted in a substantially proper manner,
and
that the results were forthcoming fairly rapidly, were reinforced by the
observations and the subsequent statements of almost all the independent
observers, although they were mainly from the Sadc region, and from other
“friendly” states in Africa.
However, they also included up to five
persons from most of the embassies
and diplomatic missions operating in
Zimbabwe.
Nevertheless, such positive findings would undoubtedly have
been even
greater and internationally more meaningful if Zimbabwe had not
precluded
the presence of observers from Western countries, and if it had
permitted
more extensive NGO participation than it agreed
to.
Building upon the foundation created by the referendum for investor
confidence to be regained, it is now of critical importance that, without
undue delay, the legislative requirements for it to be binding are
completed, and that Zimbabwe proceed to presidential and parliamentary
elections within a short period of time (hopefully by June or July,
2013).
Such elections should be conducted with as great, or preferably
even greater
transparency, freely and fairly, fully observed by the
international
community. If that is so, it will be major step forward to
Zimbabwe
regaining a viable, strong, economy supportive of the majority of
the
populace.
Even prior to such elections, there is much else that
Zimbabwe can and
should do to restore investor confidence and a substantial
inflow of
funding, with the concomitant creation of employment, enhancement
of
exports, diminution of import dependency, growth in tourism, and many
other
economic developmental needs. Amongst the factors needing the
greatest, and
most urgent, attention are:
A constructive modification
of the Indigenisation and Economic Empowerment
legislation, assuring
progressive real empowerment for many, instead of only
the selected few,
while not alienating the investment needed for economic
growth, and not
breaching the fundamental principles of property rights;
Marked
diminution in the very pronounced corruption prevailing in both the
public
and private sectors;
Partial or total privatisation of key parastatals
and other state
enterprises;
Constructive modification of taxation
legislation, and the application
thereof, including real incentives for
investment, employment creation,
transition from informal to formal economic
sectors, and growth in exports;
Enhanced fiscal probity, including
belated compliance with Bilateral
Investment and Promotion Agreements,
reduction in non-essential government
expenditures, reduction in the bloated
public service, and assured policy
consistency.
It is a very aged
saying, and trite to say: “Every journey begins with a
single step”. With
its constitutional referendum, Zimbabwe has taken that
single step, but it
must continue on that journey with utmost vigour,
unhesitatingly taking many
other necessary steps. If it does so, it will
not only regain, but will
enhance its former economic glory.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
THE referendum to
decide the fate of the new draft constitution, which took
Copac four years
to produce and gobbled over US$50 million, was held last
Saturday despite
spirited court challenges by the Lovemore Madhuku-led
National
Constitutional Assembly (NCA) to derail the event amid fears of
voter
apathy.
Report by Herbert Moyo
Madhuku and his group campaigned
for a “No” vote although the “Yes” vote
campaign — sponsored by the
coalition government comprising the country’s
three main parties — won by an
overwhelming majority.
The Zimbabwe Electoral Commission (Zec) released
figures showing 3 079 966
people voted “Yes”, 179 489 said “No”, while 56
627 ballots were spoilt in a
largely peaceful poll deemed a curtain raiser
for crucial general elections
slated for mid-year.
The total figure
of 3 316 082 — though less than half of the country’s
citizens above 18
years who were eligible to vote — was far more than the
approximately 1,3
million who voted in the rejected 2000 referendum when the
opposition and
civil society groups’ “No” campaign prevailed over the Zanu
PF regime’s
“Yes” campaign.
While the turnout was decent considering initial fears of
apathy, it was
still not impressive in view of the fact that those who were
eligible to
vote were perhaps more than eight million. The voters’ roll has
6,6 million
people who could vote in the referendum, but more were eligible
as one only
needed to be above 18 and have a national identity card or
passport.
While the NCA was defeated, it scrutinised and opposed the
process, ensuring
democracy came into play.
Commentator Takura
Zhangazha said the referendum was practically a travesty
of democracy and
did not presage change.
“The announcement by Zec that 179 489 Zimbabweans
voted ‘No’ to the draft
constitution as opposed to the slightly over three
million that endorsed it
will give slight relief to the political parties in
the inclusive government
and the civil society organisations that were
complicit in what can only be
defined as one of the greatest political
deceptions of Zimbabwean history,”
he said.
“In accepting this
result, there are those who will mistakenly equate the
vote count to a dress
rehearsal for the general elections scheduled for
later this year. And this
has already been hinted at in some press reports
where the rural turnout is
being equated with what has been referred to as a
potential ‘landslide’ Zanu
PF victory.
“Others, particularly the MDC parties in the inclusive
government, will try
and claim the vote as their own, together with their
malleable civil society
partners. In short, it is a pyrrhic victory for them
no matter how they try
to spin it.”
Zhangazha said while the “Yes”
vote got a landslide, it was the paltry “No”
vote ballots which mattered the
most.
“The real issue at hand is the necessity of praising the 179 489
voters who
chose to vote ‘No’ to this draft constitution. This they did
against the
run-of-the-mill politicisation of the process and the messianic
tendencies
of some of the political leaders who chose to think on behalf of
all
Zimbabweans without adequate consultation, and yet still ridiculously
claim
to have done the right thing,” he said.
“It is the 179 489 that
stood firm against the elitist promises of power and
resisted being herded
like cattle into unprincipled terrains where the grass
will not be greener
for future generations of Zimbabweans. The ‘No’ voters
have stood by basic
democratic values and principles and for this, history
will absolve
them.”
While Sadc observers and the coalition government leaders were
raving about
the referendum being peaceful and credible, the crucial
question remains
whether this heralds a new era of non-violent, free and
fair elections.
Prime Minister Morgan Tsvangirai said the approval of the
new draft
constitution was an endorsement of a “new dispensation and a new
value
system that sets in motion a new and democratic paradigm for the
country”.
“We have ushered in a new Zimbabwe that must necessarily come
with a new
culture of constitutionalism and respect for the rule of law.
This means
inculcating a new value system among Zimbabweans, especially
politicians and
the security sector, to respect and adhere to the
constitution and stick to
the cardinal dictate that no one is above the
law,” Tsvangirai said.
He said the process was a “culmination of our
struggle for a new
dispensation for which a new, democratic constitution is
a key milestone”.
“We celebrate this landmark achievement after many
years of tears, sweat and
blood, which has punctuated our experience since
we started the democratic
struggle through the constitutional movement which
we began in 1997,” he
said.
However, analysts remain sceptical,
pointing out the referendum was peaceful
largely because the main political
parties were in agreement and political
stakes not high.
Zimbabwe
Democracy Institute director Pedzisai Ruhanya said it was
misleading to draw
conclusions from the referendum and extrapolate them with
the forthcoming
elections due to different political dynamics that apply.
“Who was
contesting against whom in the referendum? In the elections, the
stakes will
be extremely high. Battle lines will be drawn between Zanu PF
and the MDC
formations,” he said.
“There is no indication Zanu PF will behave
differently and stop resorting
to intimidating as it has always done in the
past. It will use its terror
tactics and manipulate the process come
elections, which will be a
dog-eat-dog affair. The elections would be a
different ball game.”
While the referendum event was largely peaceful,
incidents before and after
it showed political repression, violence and
intimidation were still a
problem. There were strong signs of resurgent
violence, reminiscent of the
2008 bloodshed.
Before the referendum,
there was a fierce crackdown on civil society
organisations and incidents of
political violence, including the arson
attack which killed 12-year old
Christpowers, the son of MDC-T Headlands
official Shepherd Maisiri. Police
even banned Tsvangirai from campaigning,
although they later claimed it was
a “blunder”.
MDC-T officials and staffers in Tsvangirai’s office Thabani
Mpofu, Felix
Matsinde, Warship Dumba and Mehluli Tshuma were the day after
the referendum
arrested on charges of allegedly “impersonating police
officers, possession
of documents for criminal use and breaching the
Official Secrets Act”.
Harare lawyer and human rights activist Beatrice
Mtetwa was also arrested
for alleged “obstruction of the course of justice”.
She was remanded in
custody to April 3 although Mtetwa’s lawyers were
challenging her detention
in the High Court.
Political analyst and
convenor of the Southern African Political Economy
Series Trust’s policy
dialogue forum, Ibbo Mandaza, expressed doubts on the
prospects of peaceful
elections.
“There is a lot of tension in the country and it is almost
like we are
moving towards the 2008 scenario,” Mandaza said.
Bulawayo
Agenda executive director Thabani Nyoni warned Zimbabweans against
reading
too much into the referendum as “indicators of impending violent
elections
are clear for all to see”.
Jabusile Shumba of the Institute for a
Democratic Alternative for Zimbabwe
said “the harassment of civil society
has sent warning shots to the doubters
that old order regime elements are
yet to embrace a democratic dispensation”.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
LAST Saturday
Zimbabwe held a referendum. Our cities were crowded with
observers and
journalists in every hotel.
Opinion by Eddie Cross
Initially, the
general consensus was that voter apathy was the order of the
day and the
whole thing was a bit of a waste of time and money.
When counting of the
votes was finally completed, we all got a big
surprise — turnout had been
massive, exceeding even our most optimistic
estimates.
I had thought
that if we got 1,5 million votes it would have been OK — the
tally actually
ran to over three million, double my own estimate. The other
interesting
feature was the consistency — in nearly all districts the
results were
almost identical — varying by 1% or 2% and nearly all over 90%
in
favour.
However, a closer examination of the results showed that voting
had actually
been heavier than in the March 2008 elections. In the rural
areas voting was
particularly heavy and all centres reported that the
Zimbabwe Electoral
Commission (Zec) had done a great job in organising and
conducting the vote.
It was of course quite simple — one ballot, one
question and all you needed
was to be above 18 and a current ID or passport.
Queues did not develop and
it was this that gave observers the sign of
apathy.
Zec will now compare the outcome to the voters’ roll which has
close to six
million names on it, but we know that this is inflated by
perhaps three
million ghost voters who in fact do not exist (they are dead)
or they are
absent in the diaspora. By this measure, the turnout was massive
and we must
ask why?
My own view is that it was the idea this step
was in some way the key to the
next in this long road to freedom and
democracy. People were told this is
your future, get this done and we can
then go to the next stage which is
elections in mid-July.
It shows
that the commitment to democracy in Zimbabwe has not diminished and
this is
a critical factor in the context of the upcoming electoral contest
that will
pit the MDC-T against Zanu PF.
A new Zec chairperson has taken over the
reins and already we can sense a
change. The new chair (Justice Rita
Makarau) is a tough, fair-minded judge
and takes over from the previous
chairperson who was just not up to the
task. Before she came, the
vice-chairperson (Joyce Kazembe), a staunch Zanu
PF supporter, had been in
charge and we were not at all satisfied with the
state of affairs in the
commission.
With this behind us, we can now turn towards the elections.
In the next four
months we have to select candidates, campaign, audit the
voters’ roll and
get hundreds of thousands of first-time voters onto the
roll as well as the
many “aliens” who, for one reason or another, had been
disenfranchised by a
system that tried to ensure that potential MDC
supporters did not vote.
Then we have to stop the system rigging the
elections — something that the
hardliners are still confident that they can
do and get away with. We will
see about that.
From my reading of the
views of the voters, based on my travels around the
country and talking to
hundreds of ordinary people, I think that they have
made up their minds. I
think they are going to do just what they have done
this past weekend: they
are going to vote for real change and that means a
new leadership.
To
make matters worse for Zanu PF and hardliners in the security
establishment,
police do not seem to have appreciated that the environment
within which
they are operating is changing fast.
They banned a meeting by the
president of the MDC-T (Prime Minister Morgan
Tsvangirai) in Highfield last
week on Tuesday, but have failed to
investigate and arrest perpetrators of
political thuggery of one kind or
another and continue to arrest the
innocent and ignore the criminal elements
in our society.
The arrest
on Sunday, with the world in Harare, of the senior legal advisor
to the
prime minister (Thabani Mpofu) and three of his staff, followed by
the
arrest of lawyer Beatrice Mtetwa is just the sort of stupidity that this
entails!
To then hold the lawyer, a famous human rights lawyer for
that matter, in a
police cell overnight when a High Court judge had ordered
her release, is
yet further evidence of the arrogance and sense of impunity
on the part of
the police. They really think they can get away with this and
show no
understanding that the bus is moving.
Then there is the
extraordinary situation last week when the Anti-Corruption
Commission stated
that it was going after three Zanu PF ministers — Nicholas
Goche
(Transport), Obert Mpofu (Mines) and Saviour Kasukuwere
(Indigenisation).
The commission, armed with a High Court search warrant
giving them access to
the offices of all three ministers and National
Indigenisation and Economic
Empowerment Board, was met with resistance.
The ministers were then
forced to follow the humiliating procedure of asking
the courts to protect
them. On the side, staff of the commission were
intimidated, followed to
their homes and threatened with unspecified action
if they persisted in
their investigations.
Zanu PF leaders who have DStv subscriptions (all of
them — nobody watches
ZBC TV) will be aware that a few days ago the former
leadership in Senegal
are being probed by anti-corruption
authorities.
Right now we are all locked into the Global Political
Agreement bus,
destined for elections that are going to change everything
and will result
in the people of Zimbabwe asserting their rights and
control. Tough call and
none of us can stop the bus.
Cross is MDC-T
MP for Bulawayo South. This article first appeared on his
website www.eddiecross.africanherd.com
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
This
week Derek Matyszak, a senior researcher at Research and Advocacy Unit,
an
independent think-tank, continues to look into the issue of human rights
in
relation to the new draft constitution adopted by voters in a referendum
last weekend.
Opinion by Derek Matyszak
GUIDANCE in
interpreting and applying the law is given explicitly to the
courts in
regard to the rights contained in Chapter 4, the Declaration of
Rights. In
Section 46(1)(a) the court is enjoined, when interpreting the
declaration to
“give full effect to the rights and freedoms enshrined in
this
chapter”.
The use of the word “full” has significant legal implications.
Under
international law, in implementing human rights instruments, state
parties
are afforded what is referred to as a “margin of appreciation” which
allows
a diminution of the right afforded to take into account local
conditions.
The use of the word “full” suggests that no margin of
appreciation is to be
permitted under Zimbabwean law.
In applying the
declaration of rights, the courts must also adhere to “the
values and
principles that underlie a democratic society based on openness,
justice,
human dignity, equality and freedom”, and, in particular, the
principles and
values set out in Section 3.
Section 3 (part of Chapter 1) sets out
“founding values and principles”
which include the supremacy of the
constitution, the rule of law, good
governance, recognition of the equality,
and inherent dignity and worth of
all human beings.
Furthermore, the
courts, in applying and interpreting the declaration of
rights must take
into account international law and all treaties and
conventions to which
Zimbabwe is a party (Section 46(c)), may consider
relevant foreign law
(Section 46(e)), and must pay due regard to all the
provisions of the
constitution, in particular the national objectives
(Section
46(d)).
So, for example, if a person is evicted from a property and has
nowhere else
to go, in interpreting the right to freedom from arbitrary
eviction or
property under the declaration of rights, the courts must take
into account
the right to shelter which forms part of the national
objectives in Chapter
2 and international laws and treaties which likewise
secure these rights.
Many of the provisions of the declaration of rights
in the draft closely
follow the wording of the South African constitution,
which itself borrowed
heavily from international human rights instruments.
Accordingly, the
jurisprudence of international human rights fora applying
these instruments
must be taken into account by the proposed Constitutional
Court when
interpreting and applying the declaration of rights.
This
should also eventuate if all international treaties to which Zimbabwe
is a
party are incorporated into domestic law as is stated as a national
objective in Chapter 2, Section 34.
In sum, in terms of these
provisions, the courts should ensure that all
Zimbabweans and those present
within the borders of Zimbabwe enjoy the full
protection of recognised
first-generation human rights in accordance with
international best practice
and established jurisprudence.
Where a constitution provides for certain
rights without simultaneously
providing the means by which they may be
enforced, they become a mere
declaration of intent or aspirational only.
While the substance of the
rights provided in the draft are transformative
and “deepen democratic
values in Zimbabwe”, the draft is weak when it comes
to the enforcement of
these rights.
It has always been a matter of
some dispute whether second-generation rights
are, or should be,
justiciable. Where, for example, judicial enforcement of
a first-generation
right such as the right to liberty is facile and may be
accomplished by the
execution of a court order, the enforcement of
second-generation rights and
the ambit and meaning to be accorded to these
rights is
problematic.
What, for example, is intended when a constitution asserts
that every person
has the right to shelter? It cannot be intended to give
individuals the
right to sue the government and compel the provision of a
home as it is
unlikely that the government has the resources to provide free
housing to
all needy Zimbabweans. This then highlights a second issue, that
of the
separation of powers — one of the fundamental values of the
constitution.
Politics at its root is about the allocation of resources.
Second-generation
rights seem to invite the courts to make decisions about
the allocation of
state resources, which should be the preserve of the
executive and
effectively to determine laws establishing policy which should
be the
preserve of the legislature. For these reasons, during the crafting
of the
South African constitution, it was a highly contentious issue whether
second-generation rights should be justiciable.
The determination
requires a delicate jurisprudential balancing act by South
Africa’s first
Constitutional Court. The balancing act is accomplished in
South Africa by
providing that the state is only required to “take
reasonable legislative
and other measures, within its available resources,
to achieve the
progressive realisation” of second-generation rights. The
draft constitution
follows this formulation and jurisprudence.
As a result, in many
instances, this means that the right becomes not a
positive right, as
suggested at the outset, but rather a negative right — it
is used as shield
rather than a sword. Thus, rather than the right to claim
entitlement of a
home from the state, the right is rather used, for example,
to prevent the
demolition of an unauthorised dwelling unless adequate
arrangements are made
for alternative shelter.
Enforcement of a provision of this nature should
thus prevent the kind of
state action witnessed during operation
Murambatsvina.
However, unlike the South African constitution, the
second-generation rights
provided for in Zimbabwe’s draft constitution have
mostly been removed from
the declaration of rights and appear merely as
national objectives.
The importance of this separation is that, while the
declaration of rights
contains a specific part providing for the enforcement
of the rights
(Section 85 contained in Chapter 4), there is no equivalent
provision in
Chapter 2, which sets out most second-generation
rights.
As noted earlier, Chapter 2 merely provides that
second-generation rights
shall “guide” the state and all institutions and
agencies of government at
every level, in formulating and implementing laws
and policy decisions, and
that “regard must be had” to second-generation
rights when interpreting the
state’s obligations under the constitution and
any other law.
It is thus unclear whether any remedy is available and
whether an approach
may be made to the Constitutional Court if the state
fails to be duly guided
by or to give the necessary regard to the national
objectives.
However, three second-generation rights do appear in Chapter
4 (tacked onto
the end of the list of first-generation rights) and are thus
covered by the
enforcement provisions of that chapter. These are the right
to education,
the right to health care and the right to food and water. As
with the
second-generation rights provided for in Chapter 2, the requirement
is only
that the state must take reasonable legislative and other measures,
within
its available resources, to achieve the progressive realisation of
these
rights.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
AFTER last
weekend’s relatively peaceful constitutional referendum, hopes
and prospects
that the next do-or-die general elections would be
non-violent, free and
fair grew as Zimbabweans, including President Robert
Mugabe and Prime
Minister Morgan Tsvangirai, embraced optimistic signals of
the advent of a
supposedly new political dispensation.
Editor’s Memo with Dumisani
Muleya
Mugabe said the “people have spoken” and those who have lost must
accept the
result if they believed in democracy.
He also said it was
great the referendum was peaceful, further indicating it
was a good omen the
event coincided with new Pope Francis I’s inauguration.
Mugabe, a devout
Catholic, attended the ceremony at the Vatican.
Tsvangirai weighed in saying
the new constitution was a “baby” of the
democratic movement while
suggesting the winds of change were about to blow
across the Zimbabwean
political landscape.
He held forth, observing the approval of the new
draft constitution was an
endorsement of a “new dispensation and a new value
system that sets in
motion a new and democratic paradigm for the
country”.
“We have ushered in a new Zimbabwe that must necessarily come
with a new
culture of constitutionalism and respect for the rule of
law.
This means inculcating a new value system among Zimbabweans,
especially
politicians and the security sector to respect and adhere to the
constitution and stick to the cardinal dictate that no one is above the
law,” he said.
The premier further noted the process was a
“culmination of our struggle for
a new dispensation for which a new,
democratic constitution is a key
milestone”.
“We celebrate this
landmark achievement after many years of tears, sweat and
blood, which has
punctuated our experience since we started the democratic
struggle through
the constitutional movement which we began in 1997,” he
said.
While
there is good reason for some to celebrate the new constitution, which
its
architects claim is a solid step forward on the democratic march towards
change, it must be said there is no light yet on the horizon. So far the
past is still with us.
The forces of darkness have not been defeated
or relented. They are still
very much lingering and could use the next
elections as an opportunity to
regroup and regain control. The ongoing
sinister events –– renewed
repression, political violence and arrests – are
ominous.
In other words, while Zimbabwe remains on course in its
transition
trajectory from dictatorship to democracy, there are still many
hurdles that
lie ahead. Although the next elections present the opportunity
to complete
the transition, dangerous pitfalls remain. Fifth columnists are
still
lurking.
Put differently, there is no guarantee that a new
constitution would lead
the country to credible, free and fair elections,
and a democratic future.
In fact, at this stage even if Mugabe and his
diehards are defeated, there
would still be need for the groundwork for
durable democracy.
The dawning of a new constitution might be seen by
some people and groups as
merely the opportunity for them to step in as the
new masters behind a
façade of democracy. Their motives may vary but results
may be the same or
they may even be more brutal than their
predecessors.
However, the adoption of the new constitution is of course
a cause for major
celebration. We must not forget people suffered for so
long and struggled at
great price and must celebrate but unfortunately this
may not be the time to
be off-guard.
Given that hardly 24 hours after
the referendum Tsvangirai’s own staffers
(some yesterday) were arrested
against a background of resurgent repression,
it shows the situation remains
largely volatile.
This tells us something: a new constitution, especially
without the
disintegration of dictatorship, simply provides the beginning
point.
Moreover, those fighting for change, if not monitored, may be doing
so only
to impose a new refurbished model of the old dictatorship they seek
to
replace.
http://www.theindependent.co.zw/
March 22, 2013 in Opinion
SINCE Zanu PF introduced the
indigenisation policy in 2007, there remains a
disturbing lack of clarity on
its framework, thrust and direction, as well
as its objectives and economic
implications.
Zimbabwe Independent Editorial
When it started, the
approach was to force foreign-owned companies to “cede”
majority
shareholdings to selected local investors, implying seizure; then
it became
“dispose of” suggesting fair value compensation; and now President
Robert
Mugabe says in mining there must not be commercial transactions at
all,
meaning grabbing through offsetting equity outlays and mineral
claims.
This lack of precision and transparency is now manifested in the
ongoing
clashes between Indigenisation minister Saviour Kasukuwere and
Reserve Bank
governor Gideon Gono.
The battles between the two, which
have sucked in Mugabe and others, clearly
show there is a problem. Right
from the start this was bound to happen.
First there were no inclusive
consultations and national consensus.
Inside Zanu PF there remained
uncertainty, not about the ideological
foundations of the policy but how it
was going to be structured and
implemented.
That confusion spread to
the government and hence contradictory and
sometimes openly conflicting
positions taken by principals and ministers.
There were invariably fights in
cabinet and Council of Ministers over this
issue.
To put it mildly,
indigenisation has been seriously mismanaged and that’s
why it continues to
be dogged by allegations of patronage, bribery and
extortion. This can be
mostly blamed on the ad hoc approach to
implementation, informed by
political expediency, especially now ahead of
crucial
elections.
While most people agree indigenisation is necessary to address
skewed
economic ownership patterns and inequalities, some people are
genuinely
concerned about its elitist slant, corruption and fears it would
destabilise
an economy already struggling to recover from the impact of
extended periods
of mismanagement.
The recent public row over the
programme between Kasukuwere, who wants an
equity-based model, and Gono who
prefers a mixture of the shareholding
method and supply-side based approach,
show a detrimental lack of cohesion
and direction in the whole
programme.
The acrimonious fight, which has deeply divided Zanu PF and
government, is
mainly centred on the ideological thrust of the policy, its
conceptual
basis, framework, implementation mechanisms and liaisons,
valuation of
companies, legislative issues, exchange rate approvals,
consultation fees as
well as terms and conditions of
agreements.
Kasukuwere says he will forge ahead with his approach
regardless of protests
from his colleagues. But Gono insists he would not
allow that.
Mugabe’s intervention has not been helpful. Instead of
ensuring the
situation is sorted out after his remarks during his recent
birthday
interview, he only fuelled chaos.
His statements
demonstrated government is not even prepared to respect its
own laws, which
is why it is flagrantly flouting Bippa agreements, property
rights and the
rule of law.
In short, the indigenisation programme has been badly
managed and this is
inevitably damaging the economy.
