(AFP) – 3 hours
ago
PRETORIA — A South African court Tuesday began hearing a case seeking
to
force prosecutors to investigate Zimbabwean officials accused of
torturing
opposition supporters in Harare in 2007.
South African
prosecutors have refused to investigate the allegations.
But two rights
groups argue that under South Africa's commitments to the
International
Criminal Court, prosecutors must take action against
high-level Zimbabwean
officials accused of torture.
"Our law takes torture very seriously,
particularly in light of our
inauspicious history where the treatment of
political opponents often meant
torture," Advocate Wim Trengrove told Judge
Hans Fabricius.
"The most fundamental of human rights is the prevention
of torture."
The Southern Africa Litigation Centre and the Zimbabwe
Exiles Forum filed
the case, which could mark the first time that a South
African judge rules
on the scope of the country's Rome Statute treaty
commitments to the ICC.
The two groups are demanding that prosecutors
arrest and prosecute the
Zimbabweans accused of torture if they enter South
Africa. The names of the
officials have not been released.
"A crime
against humanity is a crime under South African domestic law,
wherever it is
committed," Trengrove told the court.
"You have to launch an
investigation and see how far you get. Then you can
judge if there is enough
evidence to build a case," he said.
"One should not prejudge the matter
by simply saying it will not work. If
everyone did that the purpose of the
Rome Statute would be defeated," he
added.
The case centres on
Zimbabwean officials accused of state-sanctioned torture
against scores of
activists following a raid on the headquarters of the
Movement for
Democratic Change in 2007.
The SALC argues that the torture was both
widespread and systematic,
amounting to a crime against humanity.
The
SALC filed a complaint with South African prosecutors in March 2008.
More
than one year later, the prosecutions authority said it would not take
up
the case.
The Movement for Democratic Change is now part of Zimbabwe's
government,
under a rocky unity pact between MDC leader, Prime Minister
Morgan
Tsvangirai and long-ruling President Robert Mugabe.
http://www.businessday.co.za/
A senior NPA official has come out in
support of a landmark legal bid to
compel South Africa to prosecute
high-level Zimbabwean officials accused of
crimes against humanity
ERNEST
MABUZA
Published: 2012/03/27 06:58:26 AM
CITING threats and
intimidation from his colleagues, the head of the
National Prosecuting
Authority’s (NPA’s) Priority Crimes Litigation Unit,
Anton Ackermann, has
switched sides and come out in support of a landmark
legal bid to compel SA
to prosecute high-level Zimbabwean officials accused
of crimes against
humanity.
The North Gauteng High Court yesterday postponed the case
brought by the
Southern African Litigation Centre and the Zimbabwean Exiles
Forum until
today, after the centre had applied to file a replying affidavit
by Mr
Ackermann.
In a stunning reversal, Mr Ackermann broke ranks and
filed an affidavit that
indicated he had recommended an investigation of the
Zimbabwean officials,
had disagreed with the police’s reasons for not
pursuing the case, and had
been manipulated and misled by both his
colleagues in the NPA and the state
advocate’s office.
The Priority
Crimes Litigation Unit is a specialist unit that, among other
duties,
tackles cases that relate to the International Criminal Court (ICC).
SA is
obliged under the Rome Statute, which set up the ICC, to enforce
international criminal law within its borders, including torture, and crimes
against humanity.
The NPA said last night no disciplinary action had
been taken yet against Mr
Ackermann.
"Management is still reflecting
on all the developments around the affidavit
and will determine what to do
in due course," NPA spokesman Mthunzi Mhaga
said.
The case brought by
the centre and the Zimbabwe Exiles Forum seeks to review
and set aside the
decision of the NPA and the South African Police Service
not to probe
Zimbabwean officials linked to acts of state-sanctioned torture
after a
police raid on the offices of the Movement for Democratic Change in
Harare
in 2007.
The forum’s chairman, Gabriel Shumba, said yesterday that Mr
Ackermann’s
willingness to come forward with his side of the story, despite
the fact
that it could severely compromise his career, demonstrated his
integrity and
his commitment to dispense justice independently and without
fear, favour or
prejudice.
"It is sad to think that he is likely to
be punished for seeking to do his
job properly."
In his affidavit, Mr
Ackermann said he had sought to be represented in this
matter from some time
before February 2010, when it became clear his version
of the facts and the
reasons for decisions in the matter would differ from
those of the national
director.
"I have been refused representation, at first on the basis that
my version
was irrelevant and inadmissible, and later that it would be
incorporated
into the national director of public prosecutions ’ answering
papers," he
said.
In July 2008, his unit recommended to then acting
national prosecutions
director Mokotedi Mpshe and then acting head of the
national prosecuting
service Sibongile Mzinyathi that the Zimbabwe matter be
investigated.
Mr Ackermann said he would have expected the police service
to take "normal
steps associated with investigating any crime", including
opening a docket,
assigning an investigation officer, taking witness
statements and submitting
the docket to the NPA for a decision whether or
not to prosecute.
" Towards the end of 2008, they conveyed to me that the
South African Police
Service orally indicated to them that the (police)
would not investigate the
matter," his affidavit read.
"I urged Mpshe
to obtain the police’ s refusal to investigate the matter in
writing, as I
was aware that a refusal was likely to lead to a review
application by (the
centre and the forum)," Mr Ackermann said.
New national director of
public prosecutions Menzi Simelane then appointed
his deputy, Silas Ramaite,
and Chris Macadam to represent him. "During
discussions with Ramaite and
Macadam regarding this application it
transpired that we held different
views on the matter," Mr Ackermann said.
These discussions culminated in
an e-mail dated January 27 2010 from Mr
Macadam, which was written to
dissuade him from placing his views on the
decision of the police not to
investigate before the court.
The e-mail stated that if inserted into an
affidavit by Mr Simelane, Mr
Ackermann’s views would "be interpreted as an
attempt to cast doubt on the
reasons relied on by (acting national police
commissioner Tim) Williams,
Mpshe and advocate Simelane and (police)
commissioner (Bheki) Cele".
The e-mail continued, saying that the "court
would be required to make
findings on your ethical conduct which could
result in further action being
taken against you".
mabuzae@bdfm.co.za
http://www.swradioafrica.com/
By Alex
Bell
27 March 2012
South Africa’s government will this week be urged
to separate its
international legal responsibilities and politics, in a
landmark legal case
based on incidences of torture in Zimbabwe.
The
Southern African Litigation Centre (SALC) and the Zimbabwe Exiles Forum
are
urging the South Africans to investigate and prosecute Zimbabwean
officials
accused of crimes against humanity. These officials have been
identified as
regular visitors to South Africa and the country is being
urged to honour
its commitments under the Rome Statute to launch an
investigation.
The case is based on a dossier submitted to the
National Prosecuting
Authority (NPA) and the South African police in 2008,
which detailed torture
suffered by MDC members in Zimbabwe in 2007. The NPA
and the police decided
not to take the case further, and this week’s court
challenge will attempt
to overturn this decision.
Arguments on the
merit of the case got underway on Tuesday after a
postponement on Monday,
which in turn followed the ‘startling’ affidavit of
one of the respondents
in the case. Anton Ackermann from the NPA’s Priority
Crimes Litigation
Centre recently switched sides and revealed that in 2008
he had recommended
an investigation. His affidavit, submitted last week,
also indicated that he
was threatened by colleagues at the NPA and the State
Advocate to go along
with their decision not to investigate.
The legal team representing SALC
and the Exiles Forum argued Tuesday that
South Africa had an international
obligation to investigate and prosecute
the Zim officials in this case.
Advocate Wim Trengrove told the court that
the decision not to investigate
was unlawful and a failure under
international law.
The State
meanwhile led its opposing arguments by explaining that it made
little
sense, in terms of inter-country relations, to investigate state
sponsored
violence in Zimbabwe. The State Advocate, Christopher Macadam,
also told the
court that there was no point in referring the torture dossier
to the then
chief investigations team, the Scorpions, because they were
about to
disband.
Gabriel Shumba, the Director of the Zimbabwe Exiles Forum, told
SW Radio
Africa on Tuesday that the case sets an important precedent in
terms of the
rule of law, because it will urge a separation between law and
politics.
“This case exposes that South Africa chose to sacrifice its
international
and domestic obligations over political expediency,” Shumba
said, arguing
that the rule of law and politics must be
separated.
Shumba meanwhile also explained that the hopes of thousands of
exiled
Zimbabweans rest on the success of this case, “because it seeks to
end the
impunity that forced so many out of their country.”
“Other
legal forms like the SADC Tribunal have failed to provide justice for
Zimbabweans. But this case will clearly show that the circle of impunity is
closing in on the perpetrators,” Shumba said.
South Africa is the
regionally appointed mediator in the Zimbabwe crisis,
although Jacob Zuma
has indicated that he won’t be coming to the country any
time soon. Some
observers have argued that this shows that he is not serious
about ushering
in real change in Zimbabwe.
Other observers meanwhile have said this
attitude could affect the court
case in South Africa. But the Exile’s
Forum’s Shumba said on Tuesday that he
does not think this will
happen.
“The judiciary in South Africa, unlike in Zimbabwe, is
independent of the
state. So I think the legal responsibilities of the
country will no longer
be affected by politics,” Shumba said.
http://www.newzimbabwe.com
27/03/2012 00:00:00
by Gilbert
Nyambabvu
GLOBAL resources group, Rio Tinto has launched a “strategic
review” of its
diamond business which could see the company selling-off the
unit which
includes Zimbabwe’s Murowa Diamond Mine.
The
Anglo-Australian mining company announced the review Tuesday with chief
executive, Harry Kenyon-Slaney saying: “we regularly review our businesses
to ensure they remain aligned with Rio Tinto's strategy of operating large,
long-life, expandable assets.
"This process may take some time. We're
committed to keeping stakeholders
informed about any key developments, and
in the meantime are reassuring
employees and the governments in the states
and countries where we operate
that it is very much business as
usual."
"The diamonds market outlook is very positive, with demand growing
strongly
and lack of new discoveries limiting supply.
"We have a
valuable, high quality diamonds business, but given its scale we
are
reviewing whether we can create more value through a different ownership
structure."
Along with Murowa, Rio operates Argyle mine in Australia and
has a 60
percent stake in Diavik in Canada.
Kenyon-Slaneysaying
added: "The diamonds market outlook is very positive,
with demand growing
strongly and lack of new discoveries limiting supply.
“We have a
valuable, high quality diamonds business, but given its scale we
are
reviewing whether we can create more value through a different ownership
structure.”
Analysts said Rio was keen to divest from diamonds
because they are a “major
cash drain” with limited growth potential and no
longer fitted the company’s
strategy of investing in “large, long-life”
assets.
Rio’s diamond unit accounted for 2 percent of overall group earnings
before
interest according to a report issued on March 19.
Rio Tinto
owned 78 percent of Murowa – which is based in the Midlands town
of
Zvishavane – with the balance controlled by RioZim, an independent local
company.
Empowerment Minister Saviour Kasukuwere said in November
last year that Rio
had also complied with the country’s empowerment laws
under which foreign
companies must transfer control of at least 51 percent
of their Zimbabwe
operations to locals.
"Murowa Diamonds wrote to us
yesterday saying they have given up 51 percent
shares and these would be
given to our people," Kasukuwere told state media
then.
http://af.reuters.com
Tue Mar 27, 2012 5:05pm
GMT
JOHANNESBURG (Reuters) - Zimbabwe has short-listed eleven
bidders for the
expansion of its Hwange and Kariba South power plants, with
a winner
expected to be announced in the third quarter of this year, its
energy
minister said on Tuesday.
It has been battling power shortages
due to growing demand and ageing
plants, limiting supplies to industry and
the key mining sector. Zimbabwe
produces around 1,000 MW of electricity,
compared with peak demand of 2,200
MW.
The extension of the Hwange
thermal power station will add 600 megawatts
(MW) to the Zimbabwean national
grid, while the extension of the Kariba
South hydro plant will add 300
MW.
Elton Mangoma said companies from China, India, South Korea, Italy
and
Brazil were among the shortlisted and the firms have until the first
week in
June to submit a detailed proposal.
"I'm hoping that it will
not take more than three months to adjudicate and
thereafter award the
tender. We are hoping that in the fourth quarter we can
move on the
projects," he told Reuters on the sidelines of an African power
conference
in Johannesburg.
Mangoma said additional units at the two plants will be
operated in a
public-partnership between the Zimbabwe government and whoever
is chosen to
build the plants.
The minister said Zimbabwe still owed
around $85 million in unpaid power
imports, mainly to neighbouring
Mozambique.
Mangoma said he was meeting Mozambican officials on Thursday
to address the
issue, especially after Mozambique halved its exports to
Zimbabwe to 50 MW
due to the unpaid bills.
The minister said that
together with neighbouring Zambia his country had in
February decided to
revive the Batoka Gorge hydroelectric power project,
estimated to cost $2.5
billion, and expected to supply a total of 1,600 MW
to the two
countries.
The two neighbours will look for an independent power producer
to construct
the plant on a build-operate-transfer basis.
The 1,600
MW, which could later be upscaled to 2,000 MW, would be evenly
split between
the two countries, he said.
Mangoma said the project was in the
preliminary stages and it would be too
early to comment on time
lines.
In the meantime, the minister hoped to convince utilities in the
region to
boost trade of electricity during off-peak times to alleviate the
most
pressing shortages.
http://www.swradioafrica.com
By Tichaona Sibanda
27 March
2012
Delays in court cases because prosecutors are simply failing to show
up have
been criticised by a leading defence lawyer.
Alec Muchadehama
told SW Radio Africa on Tuesday that he’s noticed a
disturbing pattern where
state prosecutors have failed to show up in court,
for no apparent
reason.
Muchadehama is dealing with the case of former MDC-T legislator
and
academic, Munyaradzi Gwisai and five others, who were last week
convicted on
charges of conspiracy to commit public violence. Gwisai was
jointly charged
with Antonater Choto, Tatenda Mombeyarara, Edson Chakuma,
Hopewell Gumbo,
and Welcome Zimuto.
Harare Magistrate Kudakwashe
Jarabini on Wednesday last week ordered that
the six pay a $500 fine each. A
further 24 months prison term was imposed on
the activists, 12 months of
which were suspended on condition of good
behaviour for the next five years.
The remaining 12 months were suspended on
condition the six perform 420
hours of community service, starting on March
31st.
The lawyer
appealed against both the conviction and sentence but the hearing
of that
appeal has been postponed twice, because a prosecutor has failed to
attend
and represent the state. Muchadehama has been in court since Monday
applying
to have the community service sentence set aside pending appeal.
‘The
case was in court yesterday (Monday) but there was no prosecutor in
sight.
It was postponed to today (Tuesday) but nothing happened as there was
no
prosecutor. Once again it was postponed to Wednesday,’ Muchadehama said.
The
fuming lawyer said the action by the prosecutors was deliberate and
meant to
keep his clients as anxious as they can.
‘If this appeal (against
community service) is not determined by Friday, as
we keep getting these
postponements it means my clients are obliged by law
to start their
community service on Saturday. This is what some people in
the
Attorney-General are after but we want to expose that,’ Muchadehama
added.
He continued: ‘We want the conviction to be quashed and
sentence to be set
aside. All what we want is for the conviction to be
upturned so that verdict
of not guilty is retained.’
Meanwhile four
University of Zimbabwe students arrested last week Tuesday
for celebrating
the non-custodial sentencing of Gwisai will appear in court
next month. The
students were released on $20 bail and will appear on the
14th of April for
trial.
http://www.swradioafrica.com
By Tichaona Sibanda
27
March 2012
The Constitutional Parliamentary Select Committee (COPAC),
which is
spearheading the drafting of a new charter in Zimbabwe, says it is
now
working on the final draft of the constitution.
COPAC co-chairman
Douglas Mwonzora said the current process to revise the
document will take
10 days. Then until end of April they’ll be fine-tuning
the document with
the help of drafters.
The Nyanga North MP told SW Radio Africa on Tuesday
that they’ve already
completed one of 19 chapters in the draft.
Once
the document is agreed to by all parties in the GPA it will be
translated
into vernacular languages and into Braille. It will be widely
publicised to
give all Zimbabweans an opportunity to familiarise themselves
with its
contents before it is taken to the second all stakeholders’
conference.
Mwonzora said that according to their projections,
barring any disturbances,
a referendum is expected in September, although
there is a possibility it
may be held earlier if issues still in dispute are
resolved sooner.
‘We still have outstanding issues that the negotiators
are dealing with,
things that will be incorporated into this constitution.
So even if we
complete the draft, it may be some time before they deal with
parked issues.
‘Assuming these outstanding issues are dealt with quickly
we can have a
referendum before September. These are minor issues in my
respective view;
the only problem we have now is the management committee
not resolving them
on time. The key members of that committee are also key
ministers in the
inclusive government and they have been travelling quite a
lot on government
business lately,’ said Mwonzora.
The MDC-T
spokesman revealed that the three issues that remain in dispute
are chapters
on dual citizenship, devolution and the appointment of
executive
commissions.
http://www.swradioafrica.com/
By Lance Guma
27 March
2012
Internet users in Zimbabwe continue to experience slow and
intermittent
service, almost 6 weeks after two separate shipping accidents
severed a
crucial internet and phone link for the region.
SW Radio
Africa correspondent Simon Muchemwa reports that internet speeds
were
frustratingly slow over the weekend and on Monday. On Tuesday the
service
appeared to be improving. One of the Internet Service Providers (ISP’s)
Powertel had to issue a statement explaining that the problem was beyond
their control.
In February a ship dragging its anchor off the coast
of the Kenyan port city
of Mombasa severed an undersea cable that cut off
some nine African
countries, including Zimbabwe. Engineers warned the
repairs could take up to
a month.
Another cable severed in two is
known as EASSy and is owned by the West
Indian Ocean Cable Company (WIOCC).
The WIOCC is jointly owned by 14 major
telecom operators in Africa,
including Zimbabwe’s TelOne. Experts say
Zimbabwe was hardest hit by the
accident which cut the cable.
Last month Information and Communication
Technology Minister Nelson Chamisa
also told us his ministry was inundated
with complaints about poor internet
speeds. On Tuesday Muchemwa said mobile
phone networks were also having
problems with crossed lines and people were
struggling to top up their
airtime.
http://www.newzimbabwe.com
26/03/2012 00:00:00
by Gilbert
Nyambabvu
PRESIDENT Robert Mugabe could call by-elections in 16
parliamentary
constituencies in a final bid to end a troubled coalition with
his MDC
rivals, according to a senior Zanu PF official.
Tsholotsho
North MP and politburo member Jonathan Moyo says the
by-elections, which are
all overdue under the country's electoral laws,
would "constitute a
mini-general election".
"... if these long overdue by-elections were to
be held today, as they
really must, the result could be equivalent to a
mini-general election,"
Moyo said, writing in the state-run Sunday
Mail.
Austin Zvoma, the clerk of parliament, revealed last week that
there were 16
parliamentary constituencies without MPs and 12 vacant Senate
seats.
In the 2008 parliamentary elections, Tsvangirai's MDC-T won 100
seats, Zanu
PF 99 and Ncube's MDC 10. Moyo, then an independent before
joining Zanu PF,
was the 210th MP.
Since then, some MPs have died, others
jailed or have been expelled by their
parties leaving their seats
vacant.
Moyo said there was “no legal or constitutional reason why
by-elections must
not now be held in these 28 Parliamentary
constituencies”.
“Is it the view of anybody else out there including in
SADC that 28
parliamentary constituencies must remain unrepresented until
COPAC comes up
with a new constitution even when that is clearly not only a
deviation from
the GPA but also and more seriously a violation of Zimbabwe’s
constitution?,” he said.
The outcome of these elections, Moyo added,
"could see one of the coalition
parties in parliament emerging with a
majority of at least 106 seats out of
210 with the consequence of sinking
the Global Political Agreement and its
so-called unity government, not to
mention kissing COPAC goodbye."
Zanu PF has been pushing for general
elections to be held this year to end
the uneasy three-year coalition with
the two MDC factions led by Prime
Minister Morgan Tsvangirai and Industry
and Commerce Minister Welshman
Ncube.
The MDC formations, apparently
backed by regional power South Africa, fear
elections without a new
constitution and reforms in the security sector
could plunge the country
into violence as witnessed in the 2008 presidential
run-off.
But Moyo
warned that Zanu PF, which is increasingly buoyant about its
electoral
chances despite losing its parliamentary majority for the first
time in
2008, could use the by-election route to crater the coalition
government.
"However one looks at the issue of general elections in
Zimbabwe, the fact
is that they are now constitutionally due either in the
form of at least 28
parliamentary by-elections that would be as good as a
mini-general election
or in the form of a full general election,” he
said.
"Parenthetically, those who – like Morgan Tsvangirai and Tendai
Biti – keep
making perfunctory noise that there can be no general election
without
self-serving so-called reforms first; or that President Mugabe
cannot call
for a general election without the agreement of the Prime
Minister; or that
there’s no money for elections... should all please take
note and appreciate
that if they had a requisite national vision beyond
cheap politics they
would understand the simple fact that none of their
nonsense about
preconditions for elections in Zimbabwe would apply to the
holding of the
by-elections whose effect could be a game changer in a
fundamental way."
Critics say Zanu PF is increasingly getting frantic due
to growing concern
among the party hierarchy over President Robert Mugabe’s
advanced age – he
turned 88 this year – and reported ill health.
Mugabe
has repeatedly laughed off media speculation over his health,
insisting he
is robust physical condition.
The veteran leader says new elections are
needed to choose a substantive
administration dismissing the coalition as
unworkable because of policy and
other differences between the parties.
http://www.swradioafrica.com
By Lance Guma
27 March
2012
The City of Harare says it will approach the Development Bank of
South
Africa for US$100 million to rehabilitate the water infrastructure.
Mayor
Muchadeyi Masunda made the announcement at a press conference on
Monday.
Masunda said: “The project will cost around $100 million. It’s
not just
water infrastructure, but there is also a serious shortfall of
electricity.
We are keen to have investors in the area of infrastructure,”
he said.
The Mayor said the African Development Bank and an unidentified
French
lender would assist with funding. The Development Bank of South
Africa is
already funding the rehabilitation of roads in
Zimbabwe.
Last month Masunda told SW Radio Africa’s Question Time
programme that the
City Council was better placed to source funds to resolve
the water crisis
than central government.
“Because of our central
government’s track record, the institutional funders
of projects of this
nature and magnitude are understandably reluctant to
work with government
but they are not averse to working with the city
because the city’s track
record is fairly good and cities are going to be
there until kingdom
come.”
Masunda added: “It’s not about upstaging each other. I’m not in
any way
trying to show up my old friend Samuel Sipepa Nkomo (Water Resources
Minister) but just assisting him in the full knowledge that he’s the person
that ultimately is responsible for anything that has water in this country.”
http://www.radiovop.com
Harare, March 28, 2012 -
Roy Bennett, the exiled treasurer –general of the
Movement for Democratic
Change (MDC-T) led by Prime Minister Morgan
Tsvangirai believes his party is
good at campaigning but it lacks the people
who knows how to run a
government.
Bennett told the former United States ambassador to Zimbabwe
Charles Ray
about the MDC-T’s inability to deliver the goods to the people
despite its
strong ability to campaign in a diplomatic cable he dispatched
to Washington
in February 2010 but released last week by whistle blowing
website,
Wikileaks.
Bennett suggested the need for a leadership
capacity building exercise.
The former MP for Chimanimani said the MDC-T
had been unfocused and
described the Office of the Prime Minister as
'weak'.
He said the party had been left largely unattended as party
stalwarts such
as Tendai Biti were occupied with government business.
Bennett said the
MDC-T, under Tsvangirai's leadership had a tremendous
amount of popularity
throughout the country, in part due to Tsvangirai's
sincerity and humility,
and in part due to Zanu (PF) arrogance and lack of
concern for the common
citizen.
Despite his praise of Tsvangirai,
Bennett said the MDC-T lacked the capacity
to effectively run a
government.
Ray in his commentary said: ”Bennett is an MDC hardliner who
has been
frustrated with the MDC's progress in the coalition government and
in party
building."
While he was encouraged by the determination of
the Standing Committee to
take a more assertive approach vis-a-vis Zanu
(PF), we have seen this
scenario before.
“Hardliners in the party
convince Tsvangirai to be more assertive. He
agrees, there is a flurry of
activity, and then MDC-T falls back into the
same dance with Zanu PF. We'll
see if this time is any different.”
Bennett said the MDC-T’s Standing
Committee, consisting of the top 12
ranking officials, had just held a
series of strategy sessions to address
these thorny issues.
He said
the MDC-T concluded that Zanu PF would not allow it to effectively
participate in government; it therefore resolved to focus its efforts on the
party in order to build it and prepare for elections.
Bennett told
Ray that while much of US and other Western support had focused
on the
party, there was a compelling need for institution building.
He said
apart from the MDC, Zanu-PF would be involved in a future Zimbabwe
and the
challenge was to identify those in Zanu-PF who can play constructive
roles,
and to find ways to bolster them against extremists in President
Robert
Mugabe’s party.
Ray said he was told by Bennett that while there were
several civil society
organizations in Zimbabwe, there was no mass civil
consciousness that could
act as a counterweight to Zanu (PF).
Bennett
told the former ambassador there was a compelling need to do more to
build
civil society.
He said they seemed to be lacking a sense of
interconnectedness among all
the various civil society
groups.
Bennett also discussed perceptions of MDC-T corruption.
http://www.dailynews.co.zw
By Gugulethu Nyazema, Staff Writer
Tuesday, 27
March 2012 12:00
HARARE - Eight police officers who butchered a
Shamva mine worker, Luxmore
Chivambo and injured several others now face the
noose.
Aspias Shumba, a 48-year-old inspector who led the orgy of
brutality at a
Shamva farm to revenge the theft of his wife's purse, did not
show any
emotion as he was charged with murder.
The maximum penalty
for murder, according to Zimbabwean law, is death by
hanging.
His
accomplices, all wearing civilian clothes, equally appeared unmoved when
they appeared at Harare Magistrates’ Courts yesterday.
Their case had
to be moved from Bindura to Harare for security reasons after
angry mine
workers and villagers thronged the Bindura Magistrates’ Courts on
Friday
baying for the cops’ blood.
A sombre atmosphere gripped the Harare
Magistrates’ Courts yesterday as the
eight handcuffed “killer cops” stood in
the dock amid murmuring from people
that had packed the
courtroom.
The eight police officers, all stationed at Shamva Police
Station, are
Motion Jakopo, 41, Simon Mafunda, 32, Michael Makwalo, 30, Lee
Makope, 23,
Benedict Tapfuma, 22, Blessing Saidi, 29 and
Shumba.
Harare magistrate Donald Ndirowei advised them to apply for bail
at the High
Court, considering the seriousness of the charges they are
facing.
Prosecutor Tapiwa Kasema told the court that there was
overwhelming evidence
against Shumba and his accomplices and that the
situation at Shamva was
still volatile hence the cops should stay in remand
prison.
The cops will be back in court on April 13.
Chivambo, a
worker at Canterbury Mine, died in the brutal attack that left
11 others
hospitalised. One of the victims had to be transferred to Harare
after his
condition became critical.
Trouble started after Shumba’s wife, Judith,
claimed that the mine workers
had stolen her purse and cellphone on March 17
this year.
Shumba, who is the Officer-in Charge at Shamva Police Station
commandeered
his troops and stormed the mine compound where they
indiscriminately beat up
people.
Some, like Chivambo, were forced out
of their homes naked late at night.
At Chivambo’s house, the court heard,
the cops forcibly opened the door,
dragged him outside and started
assaulting him with button sticks, booted
feet and fists. His wife had to
flee to avoid similar treatment.
The police officers then moved from door
to door assaulting residents
demanding information on the whereabouts of the
“stolen” purse.
Some of the people assaulted were identified in court as
Martha Chidzenga,
61, Brian Gundura, 36, Michael Makina, 34, Clever Kembo,
41, Darlington
Mapwashike, 24, Willard Mapuranga, 34, Hilda Nyamaropa, 34,
Tellmore Binamu,
28, Sophia Magaya, 31, Malvern Munyonga, 33, and Shepherd
Hudye, 25.
According to court papers, the torture included police
officers forcing the
residents to crawl to the cops’ car before they were
driven off to Shamva
Police Station for further torture.
Chivambo was
vomiting blood and could not eat. He was only taken to
hospital, where he
died, after Shumba was told that his condition was
critical.
A post
mortem concluded that the death resulted from the assault.
http://www.dailynews.co.zw
By Xolisani Ncube, Staff Writer
Tuesday, 27 March 2012
14:00
HARARE - Local Government minister Ignatius Chombo has turned
down a request
by Harare City Council to recruit 280 general workers saying
the local
authority is over-staffed and has a bloated wage
bill.
He has also turned down an application by councillors to be
given laptops by
council. This has raised tempers between Chombo and
councillors.
During last week’s special council meeting, the councillors
accused Chombo
of sabotaging them ahead of watershed elections whose date is
yet to be set.
Council wanted to hire the workers to cut
grass.
Budiriro councillor Panganai Charumbira said if Chombo was serious
about
service delivery then he must allow council to engage contract workers
so
that roads are cleared.
“How can a minister say that we have a
huge wage bill when people are being
raped and mugged on our roads because
we have tall grass that is obstructing
them? This is sabotage. If we fail to
cut grass on our roads, we would have
failed as councillors,” said
Charumbira.
Belvedere councillor Paula Macharangwanda told the council
that she had
received a number of complaints from residents in her ward of
rape and
attacks by thieves who hide in the long grass, especially at
night.
“We have a number of accidents taking place currently on our roads
because
of the long grass. We were elected to this council to provide
services to
the people but someone is sabotaging us. It is not fair,” said
Macharangwanda.
On turning down council’s application to hire extra
workers on top of the
current workforce of 9 400, Chombo said council was
spending too much on
salaries at the expense of service delivery.
He
said council should redeploy some of its workers to the grass cutting
unit
so that it utilises the same workforce without incurring any extra
cost.
But councillors resolved to engage Chombo with a view of using
ward-based
groups whom they said were relatively cheaper than contract
workers.
On laptops, special interest councillor Sasha Jogi moved a
motion in council
that councillors should be given either desk tops or
laptops.
But mayor Muchadeyi Masunda said Chombo had turned down their
application
saying it was a waste of rate payers’ money.
Another
special interest councillor, Tariro Chikumbirike, said the world was
going
paperless hence the need to embrace new technology.
“The money that we
use on bond paper to print these minutes could be saved
if we have laptops
and minutes are sent via e-mail. “This will save our
budget,” said
Chikumbirike.
Council then resolved to look for the laptops either from
Information,
Communication Technology minister Nelson Chamisa or from the
corporate
world.
http://www.dailynews.co.zw/
By Gift Phiri, Senior Writer
Tuesday, 27 March
2012 13:31
HARARE - Student leaders have sharply criticised a police
crackdown on an
umbrella students’ body yesterday and vowed to defy arrests
and beatings to
press ahead with demands for better conditions in the higher
education
sector.
Pride Mkono, president of the Zimbabwe National
Students Union (Zinasu) told
a news conference yesterday that there was a
worrying upsurge of student
victimisation by police.
Students blame
the government for failing to implement the national budget
to deliver
students loans and grants to alleviate the poverty that students
face
throughout their years of study in the country’s under-resourced
tertiary
institutions.
“Zinasu has noted with serious concern the upsurge of
state-sanctioned
victimisation, unwarranted interruptions of Zinasu
activities and targeted
persecution which is directed to destroy the efforts
of the union in
addressing the various challenges that are bedevilling our
education
sector,” Mkono told the news conference.
On Wednesday last
week, seven students were rounded up by dozens of police
officers for
celebrating a court verdict to fine and not send to jail six
civic
activists, including a former students’ leader, convicted of
conspiring to
commit public violence by watching video footage of the mass
uprisings in
Egypt.
Among those arrested were Mkono, Tryvine Musokeri, Zinasu
secretary general
Coezett Chirinda, gender secretary Joram Chikwadze,
Tinashe Mtyaso, Tinashe
Chisaira and Francis Mufambi who is aspiring to be
the next University of
Zimbabwe’s students’ union president.
“This
was a clear act of state repression targeted at peace-loving citizens,
there
is no justification whatsoever for the actions of the police which
were
excessive and barbaric,” Mkono said.
Last week’s arrest came hard on the
heels of another crackdown targeting
students at the University of
Zimbabwe.
At least 15 UZ students were arrested as police used force to
quickly
disperse a gathering, without prior permission. Rallies are rarely
permitted
at the UZ. The students had gathered chanting slogans against UZ
vice
chancellor Levi Nyagura — whom they want to step down for allegedly
failing
to run the state university.
Prior to that demo, Zinasu
leaders were arrested when they marched in the
capital in solidarity with
labour union, ZCTU, saying the current salaries
were insufficient to pay for
their tuition. They were arrested several times
before that.
“All
these incidences are at the backdrop of targeted persecution which has
seen
the Zinasu leadership being arrested and illegally detained a record 12
times across the country in less than two months,” Mkono said.
“We
want to remind police officers that they are there to serve the people
not
to subject them to slavery.”
Police have blamed the students for trying
to foment unrest in the country.
Zinasu has been at the forefront of the
struggle to reform higher education.
Zinasu also warned Nyagura against
attempting to impose a cherry-picked
pro-Zanu PF leadership at the UZ to
form the students’ representative
council, SRC.
The
politically-active student group has local chapters at campuses
nationwide.
“It should be unequivocally clear to Robert Mugabe and
his party that
students will not have Zanu PF activists as their leaders
under whatever
circumstances,” Mkono said, adding Zinasu had approached the
High Court to
stop an SRC election set for this month.
http://www.dailynews.co.zw/
By Editor
Tuesday, 27 March 2012
13:23
HARARE - Small-holder cattle farmers are set to be absorbed
into Zimbabwe’s
mainstream economy through an initiative by TN Bank to
launch a Cattle Bank
(CB) that will recognise cattle as a bankable
asset.
Speaking at the Euro Money — Zimbabwe Investment Conference in
Harare last
week, CB project manager Patricia Chizengeya said communal
cattle farmers
will be able to unlock the value of their cattle through the
TN cattle
banking project.
The conference was meant to explore
investment opportunities in Zimbabwe.
Chizengeya said cattle have always
been used as a status symbol and regarded
as a living bankable investment in
Zimbabwe and most African countries but
communal farmers had not benefited
much from their cattle as they remained
secluded from mainstream economic
activities.
“Communal farmers will be incorporated into mainstream
banking. Farmers will
now be able to access capital and also earn a return
on the cattle deposit
that they make thereby increasing sources of income
whilst still retaining
their cattle,” said Chizengeya.
Under the new
banking concept, the TN livestock bank will act as a normal
bank with
farmers depositing and withdrawing their cattle in TN Bank’s
livestock
banking branches provided they have clearance certificates and
clear
identification particulars of those cattle.
Farmers will be issued with
certificates of deposit as evidence of any
transaction and can withdraw the
cattle as and when they want. The cattle
can also be withdrawn as cash while
TN will also be responsible for
transporting the cattle to and from the
banks.
She said farmers will not be able to withdraw the exact beast that
they
would have deposited and will be given an equivalent as stated in the
grade
on the certificate of deposit.
According to Chizengeya,
Zimbabwe has about five million cattle and of
these, 90 percent are owned by
small-holder farmers. At an estimated value
of $400 per heard, small-holder
farmers have $1,33 billion locked in the
cattle yet they are considered as
un-bankable asserts.
“To make the small-holder farmers bankable, farmers
will be able to use
their cattle deposits as security when accessing loans
from TN Bank. The
farmers will now be able to open accounts and enjoy TN
banking services,”
she said.
The banking initiative, Chizengeya said,
will also help boost the national
cattle herd through increased
productivity. Cattle fattening programmes
would also be introduced in the
cattle banks to add value on the cattle.
Zimbabwe’s cattle production is
still suffering from a low productivity rate
of 45 percent, poor bull-to-cow
ratios, a low carcass weight and a lengthy
period of up to four for cows to
have calves, according to Chizengeya.
Speaking at the same event, Amon
Muza TFC Capital managing director said the
cattle banking project will also
transfer the risk of loss of livestock to
diseases and theft from the farmer
to the bank which will have a better
capacity to absorb the risk, she
said.
“TN Bank will defray these costs and its charges from the expected
growth of
the herd before paying out the value of such growth to the
livestock. At the
time of deposit, TN will agree an interest rate on the
cattle deposit with
the farmers,” Muza said.
She said the cattle will
be continuously vaccinated and should a disease
outbreak occur, culling of
the herd will be done, followed by a restocking
exercise after the disease
subsides.
TN says it has already carried out research on the viability of
the project
and would soon launch the livestock banks in Mashonaland East,
Midlands,
Matabeleland North and South provinces and Masvingo where levels
of
reception of the livestock banking project was high, according to
Chizengeya.
http://www.voanews.com/
26 March
2012
Activists say Zimbabwe has a lot to learn from countries like
Senegal and
Zambia, just next door, where peaceful elections have taken
place with power
being handed over without violence
Jonga Kandemiiri
& Ntungamili Nkomo | Washington
Zimbabweans are hailing the
election in Senegal Sunday that saw 85-year old
President Abdoulaye Wade
conceding defeat in a run-off poll in which he ran
against his former Prime
Minister, Macky Sall.
Mr. Wade's controversial bid for a third term in
office had sparked violent
protests which left six people dead and many were
fearing the worst in the
run-off, thinking he may want to cling onto power
if he lost.
But with official results still expected Tuesday, Mr. Wade
conceded defeat,
congratulating winner Mr. Sall, who has declared a new era
for his country.
The African Union, among others, praised Mr. Wade and
the Senegalese people
for what they say was a successful
election.
Though Zimbabweans in general do not know much about Senegal,
but with
election talk gaining momentum in Zimbabwe as President Robert
Mugabe and
his party push for elections this year, many have been watching
events
unfolding in this west African country with a keen
eye.
Activists say Zimbabwe has a lot to learn from countries like
Senegal and
Zambia, just next door, where peaceful elections have taken
place with power
being handed over without violence.
Many Zimbabweans
remember the bloody 2008 presidential run-off that saw then
opposition
leader Morgan Tsvangirai withdrawing from the race against
President Mugabe,
ultimately leading to the formation of the unity
government.
Acting
Director Joy Mabenge of the Institute for a Democratic Alternative
for
Zimbabwe told VOA Studio 7 reporter Jonga Kandemiiri that Zimbabwe must
emulate Senegal, adding the whole of Africa should also watch and learn if
democracy is to flourish on the continent.
Spokesman Nhlanhla Dube of
the MDC formation led by Welshman Ncube told
VOA's Ntungamili Nkomo the
Senegalese experience is a great inspiration to
Zimbabwe.
Political
analyst Effie Dlela Ncube said Zimbabwean politicians should learn
from
Senegal.
British Leader's Call to Action Echoes Global Alliance For Zimbabwe's Mission
WASHINGTON, March 26, 2012 /PRNewswire-USNewswire/ -- The Global Alliance for Zimbabwe applauded today British Prime Minister David Cameron's call for fostering the growth of democratic culture in Zimbabwe, and echoed fully his appeal to the international community to ensure non-violent, free and fair elections later this year. "Advocating for a peaceful, prosperous, and free Zimbabwe is our daily mission, and we agree with Prime Minister Cameron that non-violent, free and fair elections are the essential first step," said Chairman Roy Bennett. "For this reason, members of the international community will be gathering in Washington, DC on April 19th to learn more about the rampant human rights violations in Zimbabwe, and how they can help to eradicate them," Bennett continued.
For nearly thirty years, Robert Mugabe and his ZANU-PF have ruled Zimbabwe with ruthless, destructive focus. Employing torture and terror to maintain control of the citizenry, they've confiscated private property, dismantled once thriving businesses, and shuttered all but state-controlled media. Thousands have been killed, tens of thousands have been raped or maimed, and hundreds of thousands have been forcibly removed from their homes.
"During the Zimbabwe elections of 2008, our citizens voted overwhelmingly for a new democratic government. In the face of organized beatings, mob attacks, rapes, murders and torture, the people of Zimbabwe stood strong and united in their opposition to Mugabe and ZANU-PF. Sadly, it was not enough," said Bennett. "Robert Mugabe and ZANU-PF refused to recognize the results of the election and punished those who opposed him. Since the 2008 election, atrocities in Zimbabwe have continued, with military henchmen using violence and intimidation to maintain control of the country.
"During the aftermath of the 2008 election, International opinion was offended, but not inclined to intervene. This time around, we won't be so timid about asking for the world to please pay closer attention. In our effort to bring awareness to the humanitarian crisis and focus international attention on upcoming elections – to proactively advocate for non-violent, free and fair elections in 2012 – we strive also to seek, summon, and coalesce International outrage with which to pressure Robert Mugabe and ZANU-PF to end abuses and free Zimbabwe.
"With your help, we envision a peaceful, prosperous and free Zimbabwe that is an example to the region, the continent and the world of how a country, and its people, can thrive when good governance, the rule of law and a democratically-elected government are allowed to exist," concluded Bennett.
To learn more about the Global Alliance For Zimbabwe, the April 19th event, and how you can help ensure a once-proud and prosperous people can regain their country and their freedom, please visit www.globalallianceforzimbabwe.com.
SOURCE Global Alliance for Zimbabwe
Tuesday, 27 March 2012
Police officers from Gutu in Masvingo
province last week approached the personal assistant to Gutu North MP, Hon.
Edmore Hamandishe Maramwidze demanding that she gives them information on the
MPs’ movements.
The two officers who identified themselves as Pasurayi
and Dhlakama, approached the Gutu North parliamentary offices on Thursday 22
March and said they were from the Police Internal Security and
Intelligence.
Pasurayi and Dhlakama informed the PA that they wanted to
secretly recruit her in order to supply them with all the movements of Hon.
Maramwidze.
The MP said the move by the police officers was shocking
considering the involvement of State security agents in propping up Zanu PF’s
violence and murder in the 2008 elections.
Over 500 MDC members were
murdered during this period.
The people’s struggle for real change
– Let’s finish it!!!
--
MDC Information &
Publicity Department
Human rights campaigners are warning of rising repression in Zimbabwe as 88-year-old President Robert Mugabe pushes for another election to further extend his 32 years in power, despite being seriously ill with prostate cancer. "We have grave concerns about the recent increase in political repression," says Human Rights Watch Africa deputy director Leslie Lefkow. "In the past year, authorities aligned with Zanu-PF [Mugabe's Zimbabwe African National Union-Patriotic Front] have intensified attacks against human rights defenders, journalists, and officials and members of the MDC [Movement for Democratic Change, led by Morgan Tsvangirai]."
Rights campaigner Paul Chizuze disappeared from the country's second-largest city, Bulawayo, last month. Supporters believe he was abducted, possibly killed, by security forces loyal to Mugabe. Scores of aid groups have also been banned this year, accused of pushing a Western political agenda, while hundreds of protesters have been detained. The latest example of Zanu-PF's clamp down is the sentencing on Thursday of six Zimbabweans to two-year suspended jail terms, $500 fines and community service for watching a documentary about the Arab Spring — evidence, the state prosecutor claimed, that they were plotting to overthrow the regime. "These politically motivated prosecutions do not bode well for free and fair elections in Zimbabwe," says Lefkow. Dewa Mavhinga, acting director of the Crisis in Zimbabwe Coalition, a network of more than 350 civil society organizations, condemns what he describes as the "systematic closing down of democratic spaces," adding: "We are alarmed by the sharp deterioration in the human rights situation." The country is not ready for an election, he says, since "the political playing field is not level." Noting Mugabe's allies still control state institutions like the electoral commission, the judiciary, the police and army, he continues: "We expect Zanu-PF to try to rig votes, and if that fails, resort to violence." That concern is widely shared. "Security issues threaten to undermine free and fair elections as well as meaningful reform," says Percy Makombe, Zimbabwe Program Officer at the Open Society Initiative of Southern Africa. (MORE: Mugabe Cancer Scare Is Old News, as Zimbabwean Strongman Clings to Power.)
The Zimbabwean newspaper, The Standard, reported this month that Mugabe wanted elections this year, perhaps as early as June. A further sign that an election might be approaching is Mugabe's new economic indigenization program, which forces foreign companies to hand over 51% of their shares to black Zimbabweans. The scheme seems likely only to benefit the Zanu-PF elite but is being sold to voters as something that will lift all Zimbabweans.
Tsvangirai's MDC objects to any election before a new constitution is agreed. (The current one reserves wide powers for the President.) The MDC and Zanu-PDF have been negotiating over reform since they formed a coalition government in early 2009 but have come to no agreement. The experience has damaged the MDC and robbed it of much momentum. MDC support has been further eroded by corruption scandals involving party members.
Mugabe surprised Zimbabweans by offering to form a government with the MDC after an election in 2008 during which Mugabe's unleashed a wave of violence against the then opposition, killing more than 100 MDC members and forcing Tsvangirai to withdraw from the ballot. The reason? Zimbabwe was spiraling in hyper-inflation, the government was all but bankrupt and Mugabe saw power-sharing with the MDC as a way to improve foreign investor sentiment and right the economy. (PHOTOS: The Reign of Robert Mugabe)
At the same time, however, the regime discovered it was sitting on one of the world's biggest diamond fields near Marange in eastern Zimbabwe, with a potential annual output worth several billion dollars. Mugabe's army and police quickly seized control of the area under the direction of the Zanu-PF elite and, with money no longer a problem, Mugabe now wants out of the coalition and a return to one-man rule. "Corruption among top political leadership is rampant," says Mavhhinga. "Marange revenue is lining the pockets of few individuals, while the country remains poor." This month, MDC finance minister Tendai Biti complained the treasury only received a quarter of the $77.5 million it had projected as its share of diamond sales this year. Meanwhile in January, Zanu-PF threw Mugabe a $1 million birthday party.
While any election would be important, just as critical is the question of who will succeed Mugabe when he dies. Last August, one of the two men considered as a frontrunner to take over from Mugabe, ex-military chief Solomon Mujuru, married to Vice President Joyce Mujuru, was found dead after a fire at his farm outside Harare. His widow insists he was murdered. By whom, however, is a mystery.
BILL
WATCH 12/2012
[26th March
2012]
Update
on the Clerk of Parliament Case
Background
Motion
for removal of Clerk in House of Assembly In early December 2011, Hon Tshuma, MDC-T MP
for
Hwange Central, gave
notice of a motion accusing the Clerk of Parliament, Austin Zvoma, of serious
misconduct and asking the House to remove him from office in terms of section
48(2) of the Constitution.
Comment:
In fact, section 48(2) does not say that the House can remove the Clerk. What it says is that the Clerk cannot be
removed from office “unless the House of
Assembly resolves ... that he should be removed from office”. This is not a provision for
summary dismissal by the House. There had been no previous proceedings
allowing Mr Zvoma an opportunity to defend himself against the allegations or
explain his position, no impartial inquiry and no finding of guilt. As section 48(1) of the Constitution entrusts
the appointment of a Clerk to Parliament’s Committee on Standing Rules and
Orders, and as there is a legal principle that he who hires can fire [and as the
failure to give Mr Zvoma a hearing before trying to dismiss him was an obvious
breach of the rules of natural justice] the motion against Mr Zvoma, in the form
proposed, was ill-conceived. The Committee on Standing Rules and
Orders [CSRO] had not been involved at all.
Clerk
appeals to High Court Mr Zvoma promptly lodged an application in
the High Court challenging the procedure adopted by the MP as constitutionally
and legally invalid. When it became
clear that the MP was determined to proceed notwithstanding the court
application, Mr Zvoma then lodged another urgent application in the High Court
seeking a temporary interdict stopping the Parliamentary proceedings until the
High Court’s ruling on his main challenge.
Debate,
however, went ahead On 14th December, before the application for
an interdict could be heard by a judge, the motion was introduced in the House
and the Speaker overruled an objection from ZANU-PF
MPs
based on the Standing Order prohibiting discussion of matters that are sub judice. The Speaker countered this, saying mere
lodging of an applicant’s papers with the court did not activate the sub judice rule. [For judge’s ruling see below] The Speaker also refused
ZANU-PF
MPs
a request to recuse himself from chairing the debate because he was an
interested party. [Text of Speaker’s ruling on
sub judice and recusal available from veritas@mango.zw]
ZANU-PF
walkout The
next day, 15th December, ZANU-PF
MPs
walked out of the House in protest.
Motion
for dismissal amended After the ZANU-PF walkout Hon Tshuma amended
his motion for the Clerk’s dismissal to a motion which, although it still
predicated Mr Zvoma’s guilt without his having had a hearing, instead of calling
for outright dismissal, called for the appointment of a special 5-member
committee to advise the House on what disciplinary action should be taken
against him. The amended motion was
passed that same afternoon of 15th December.
High
Court hearing and order nullifying House’s motion On
21st and 30th December, Justice Bere, heard
legal argument on Mr Zvoma’s urgent application for a temporary interdict, and
on 20th January the judge issued an order declaring that, pending the decision
on Mr Zvoma’s main application, the motion passed by the House on 15th December
was “null and void and of no force and
effect”. This effectively blocked
implementation of the motion for the time being.
[Comment:
This may look like trespassing on Parliament’s exclusive preserve in breach of
the principle of separation of powers.
One of the arguments submitted by the Speaker et al’s defence lawyers was
that the courts should not interfere with Parliamentary business and this was
backed by a “certificate of
privilege” – a document signed by the Speaker informing the court that the
case concerned a matter of “the privilege
of Parliament” in terms of section 6 of the Privileges, Immunities and Power
of Parliament Act. The judge dealt with this point in his
judgment furnished later – see below.]
Judge’s
Reasons for Stopping Attempt to Dismiss Clerk of Parliament
The
judge’s written judgment has now been released [available
from
veritas@mango.zw].
His views on the legal issues are emphatically
in favour of the arguments raised by Mr Zvoma and his lawyers and against the
course of action adopted by the proposer of the motion and by the Speaker. Of particular interest are the following
rulings:
·
Speaker’s
“certificate of privilege” did not oust the jurisdiction of the High
Court The judge ruled that the “certificate of privilege” lodged by the
Speaker, claiming the case concerned a matter of “the privilege of Parliament” and as
such not a matter for a court, did not comply with the legal requirements for
such certificates. It was not
sufficiently specific or detailed. Also,
the court would not assist Parliament to “severely dislocate its own standing orders”
. In support of this ruling Justice
Bere cited a 1989 Supreme Court decision in which then Chief Justice Dumbutshena
also rejected an inadequate certificate of privilege when the court invalidated
a House of Assembly decision imposing a fine for contempt of Parliament on
former Rhodesian Prime Minister Ian Smith, then an MP.
·
Speaker’s
ruling on sub judice objection
incorrect Standing Order 62 prohibits MPs from
referring in debate “to any matter on
which a judicial decision is pending”.
The Speaker had ruled that the mere lodging of a court application did
not mean that a judicial decision was immediately pending; that would make it
far too easy for anyone to block Parliamentary proceedings. A judicial decision could be said to be
pending only when a case has been argued and the judge’s decision is
awaited. Justice Bere disagreed, but
without citing precedent or going into detail.
[Comment:
This aspect of the judgment may prove controversial; it certainly seems to make
it unduly easy to engineer a temporary reprieve from inconvenient Parliamentary
proceedings merely by lodging a court application.]
·
Who
can initiate disciplinary proceedings against the Clerk? Justice Bere concluded that it is for the
Committee on Standing Rules and Orders [CSRO] which is responsible for
appointing the Clerk, to initiate disciplinary proceedings, hold an inquiry and
decide whether the Clerk is guilty of misconduct; it is not for individual MPs
to propose motions for dismissal in the House independently of the CSRO. Even the amended motion passed by the House,
he said, was legally incompetent because it did not allow Mr Zvoma to contest
the validity of the allegations against him.
·
Meaning
of section 48(2) of Constitution Justice Bere ruled that a section 48(2)
resolution can only be passed after a guilty finding by the CSRO
following a proper inquiry observing the rules of natural justice and complying
with the regulations setting out the conditions of service of Parliamentary
staff.
·
Separation
of powers The judge rejected suggestions that judicial
intervention in this case would breach the principle of separation of powers and
the general rule that courts do not interfere in the internal processes of
Parliament. He described as out of
context references by the Speaker et al’s lawyers to two previous court
decisions [in the Bennett and Mutasa
cases] upholding that general rule. This
was because those cases had both involved MPs charged with contempt of
Parliament, and even those two decisions recognised that the courts will
interfere “where Parliament’s conduct exceeds the bounds of
reasonable justification”. The
present case involved a professional employee of Parliament in relation to whom
the House of Assembly’s freedom of action was clearly constrained by the
Constitution. He said the processes
adopted “scream for interference by this
court”. The court’s decision should,
the judge said, “be seen as a desperate
clarion call by the court to insist on Parliament conducting its affairs above
board”.
What
now?
Judgement
considered by Committee on Standing Rules and Orders At its meeting on 12th March the CSRO
considered the impact of Justice Bere’s judgment. It was decided that the presiding officers
and Parliament would accept the judgment and act accordingly. Mr Zvoma and his lawyers would be informed of
the CSRO’s acceptance and asked to withdraw Mr Zvoma’s main application
challenging the procedures in the House given the CSRO acceptance of the Judges
ruling that any action must be initiated in the CSRO.
No
CSRO action against Mr Zvoma at this stage Contrary to press reports, the CSRO did not
decide to initiate disciplinary action against Mr Zvoma along the lines
indicated by Justice Bere in his judgment.
Complainants
not giving up Since the meeting, the MP who proposed
December’s motion seeking Mr Zvoma’s removal from office, has said he will not
let the matter drop and that he has accordingly reformulated his allegations
against Mr Zvoma in a formal complaint addressed to the CSRO. Mr Zvoma has said he would welcome the
opportunity to refute the allegations against him. The CSRO is not expected to deal with this
complaint until Mr Zvoma’s remaining court application has been withdrawn.
Final
Comment
It
is unfortunate that those unhappy with Mr Zvoma as Clerk of Parliament chose to
adopt a procedure which from the start was constitutionally and legally
dubious. It is important that Parliament
follows the Constitution and its own Standing Orders; and also that it does not disregard principles of
justice and fairness – which was done by taking the matter initially to the
House, where Mr Zvoma cannot have a
hearing. It is hoped that the CSRO can
now sort the matter out satisfactorily without further resort to the
courts. To open the door to court
interventions can only serve to detract from the authority and reputation of our
Parliament.
Veritas
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