The Zimbabwe Situation

http://www.thezimbabwean.co.uk/

Written by MUNYARADZI DUBE
Sunday, 06 March 2011 12:30

HARARE - President Robert Mugabe is a conundrum, despised by many for his
unpopular policies, with some even wishing him death, but loved and
worshipped by some. On Wednesday at the launch of the so-called
anti-sanctions launch it was a day for the bootlickers to outdo one another
in lavishing praises on Baba Chatunga. One interesting statement came from
none other than the Minister of Information and Publicity, Webster Shamu,
who said Mugabe is like Cremora, a milk product manufactured by Nestle -
which is among the 400 companies Mugabe intends to grab.
It remains to be seen whether after the grab Mugabe will still be Cremora,
as Zanu (PF) has an incapacitating ability to destroy even what is
impossible to destroy. Shamu, who is said to bow when he speaks to Mugabe,
said “Gushungo, people say you have Cremora, the whole body. The war the
world over, President is about you. They fear you and that is why they are
doing all this (imposing sanctions).” It is doubtful that Shamu had thought
about his chosen word of comparison, otherwise he would have compared Mugabe
to one of the many Chinese products available in Harare, that no one intends
to buy.
Shamu rambled on and on, sickeningly sycophantic: “There is no president the
world over who has degrees like President Mugabe. He is brainy and that’s
why he is feared. You fought the liberation struggle for a long time and you
should also rule for as long as you want.” Indeed Mugabe has several
degrees - but that is not the reason he is feared. Many people in Zimbabwe
fear him because of his ruthless streak and his heavy-handed methods in
dealing with people who do not agree with him.
He has a law degree - but claims that there is democracy in the country.
What happens then to freedom of choice? Maybe Shamu should answer that.
Others were keen to put a feather on Mugabe’s praise coat of many colours –
notably religious sect leaders - who declared their love for the tyrant who
is pushing 90 at a time when most Zimbabweans barely reach the age of 40.
The health sector has been destroyed by Mugabe and only the intervention of
the MDC in 2009 has restored some sanity in the sector.
Paul Mwazha, who leads one of the largest apostolic sects in Zimbabwe, was
bubbling. Like a child, he chronicled what he does in order to prop up his
father. “I am a member of Zanu (PF) party and pray for President Mugabe,
from the beginning I have always supported Zanu (PF). When I preach I preach
about Zanu (PF),” he said. His members seemed to enjoy the ‘sermon’ and
began to sing. Maybe afraid of being outshone, Shamu stopped Mwazha midway
through his speech.
One person who had the audience’s attention was self-titled Revered Obaddiah
Musindo. “VaMugabe vakaganzwa naMwari and no one can remove him, Mugabe’s
name is written with the angels,” said Musindo. There was another man of the
robes who waxed lyrical about uncle Bob - Trevor Manhanga, bishop of
Pentecostal Assemblies of Zimbabwe. Like others he chanted slogans
denouncing non-existent sanctions, saying it was time for people to act and
not pretend it was business as usual. The sorry fact of the matter is that
Mugabe is surrounded by people who lie to him daily in order to secure their
place at the Zanu (PF) feeding trough.

Tsvangirai’s mediocrity making Zanu PF shine

http://www.newzimbabwe.com

05/03/2011 00:00:00
by Kudakwashe Marazanye

I AM surprised that it has taken the world this long to discover that
Tsvangirayi is a man of limited intellect. Or could it be that the world is
only coming to terms with a fact they had all along wished wasn’t true?
Either way, the phenomenon of leaders hamstrung by intellectual handicaps is
not peculiar to the MDC.

Most movements or revolutions produce leaders with the attributes necessary
for the particular historical circumstance but not necessarily imbued with
all the skills needed to see the revolution through. The liberation movement
in Africa and in Zimbabwe in particular, also suffered the same problem at
some stage.

The Zimbabwean liberation movement needed leaders whose main attribute was
courage, but you needed more than just courage to lead a liberation
movement. Men of courage who came up to lead the liberation movement in the
initial stages were not necessarily imbued with the sharp intellect needed
to mobilize a people and project a liberation philosophy to the world.

Zimbabwe thus had people like Benjamin Burombo, Masotsha Ndlovu, Joseph
Musika, Simon Muzenda, James Chikerema, George Nyandoro et al, being at the
forefront of the genesis of African nationalism. These men were not men who
had much academic education, but they had the courage to take on the brutal
colonial regime. Courage was needed because the colonial regime was very
repressive and having been defeated in 1896, Africans had all but given up
on ever competing with the all conquering white man, who had the Maxim gun,
which the Africans had not.

However, just like Tsvangirai now, these early nationalists’ leaders had the
courage and conviction but not the intellect sharpened by education to
understand the intricacies involved in executing a decolonization project of
a people conditioned to accept that they were inferior and were to be
perpetual hewers of wood and drawers of water.

These early nationalists were acutely aware of this handicap and they set
about persuading the learned Africans of the time to lead them in the
complex decolonization project, which was “above their simple heads”. And so
it was that emissaries were sent to Enoch Dumbutshena, Stanlake Samkange,
Joshua Nkomo and others to persuade these learned Africans to take up
leadership positions in the nascent nationalist movement. The emissaries met
with varying degrees of failure in their efforts to persuade these African
luminaries to join hands with them in dislodging settler colonialism.

Uncle Tom politics

At the time, the learned Africans like the Fort Hare boys, Tennyson
Hlabangana, Herbert Chitepo, Joshua Nkomo and others were involved in Uncle
Tom politics in the ostensibly multiracial Capricorn Society which
essentially sought to make Uncle Toms of emerging African middle class
aspirants by cultivating white tastes in them, distinct from their
uncivilised fellow Africans.

However, as the liberation movement gained momentum, these learned Africans
sensed potential for self-aggrandizement and started scrambling to take up
leadership positions in the movement. These Fort Hare boys had absolutely no
history of being involved in politics at Fort Hare. So it is clear that
these latter-day nationalists were relative mafikizolos to the liberation
movement; lured not so much by a desire to liberate Africans but by the
prospect of grabbing power.

Still, after negotiations with the settler regimes yielded nothing, Africans
had to resort to armed struggle as the only way to liberate themselves and
courage to put oneself in harm’s way was needed in the armed struggle. Thus
leaders emerged who were courageous militarily but not intellectually gifted
coming forward to prosecute the war.

People like Mayor Urimbo, Josiah Tongogara, Rex Nhongo (Solomon Mujuru,)
Nikita Mangena, Sheba Gava (Vitalis Zvinavashe) were the main players in
prosecuting the war but they were not necessarily very learned. In his
Chimurenga memoirs, Tekere reveals that some of the people who today posture
as liberation war fighters were in fact what the Shona call vana
Muchekadzafa (cowardly opportunistic hunters who rush to make a show of
killing an animal already dead).

Privatised struggle

Many may be shocked to discover from Tekere’s book that those who have
privatised Zimbabwe claiming they fought for the country may never have
fired a single shot to liberate the country. Some of them cannot tell a Sub
(Chimurenga parlance for an AK 47) from a bazooka. So the foot soldiers in
the liberation struggle were not the ones who ended up claiming its
leadership and pride of place in the political scheme of things in Zimbabwe.

Just as the liberation project needed men of valour, in Zimbabwe, the
democratisation project also needed men of valour once it became clear that
the liberators had replaced the colonial regime with a dictatorship. This is
because the post-colonial dictatorship was just as repressive as the
colonial regimes.

As in the liberation project, the democratisation project also produced
leaders who had the guts, but not necessarily the brains to see the
democratization project through. Thus we had Morgan Tsvangirayi emerging as
a leader of the democratization project, but lacking in the intellectual
depth needed to see the project through.

Again, like in the liberation project, intellectuals were supposed to come
in to provide the intellectual leadership to steer the democratization
project to a successful completion. Tsvangirayi emerged mainly due to the
platform accorded him by the mass-based trade union movement that he led.

So instead of leaving Tsvangirai at the mercy of foreign handlers who had
their own agenda, it was the duty of democratically-inclined intellectuals
to do the massive hand-holding on Tsvangirai that Dell had to do after the
criminal dereliction of national duty by intellectuals in Zimbabwe.

Particularly culpable are Welshman Ncube and Co. who put their egos ahead of
the national interests by deserting Tsvangirai and leaving him at the mercy
of imperialists like Dell. Zambians suffered Chiluba’s disastrous leadership
in the interests of establishing and entrenching democracy in that country.

The democratisation project in Zimbabwe is now in danger of failing because
of poor decision making by intellectuals in and of the democratic movement.
An otherwise noble democratisation project has offended key constituencies
in Africa and in the Diaspora as it is seen as lending itself to
manipulation by the hated West.

Liberation failure

The Pseudo-Pan Africanists in charge of Zanu PF have taken advantage of this
to unleash propaganda to dismiss legitimate aspirations for democratic space
by Zimbabweans as a project by the imperialists to destabilise a country led
by a party out to empower its people. If the intellectuals in the MDC had
handled the democratic movement astutely, it would not be open to attacks
that it is foreign founded, funded and directed.

Zimbabwe’s liberators failed the people of Zimbabwe and they are now playing
the propaganda game claiming that they are fighting Western imperialism.
That a lot of well meaning Pan-Africanists are celebrating Zanu PF’s
pseudo-nationalists as champions of African interests, is testimony to the
dearth of true leaders that Africans can look up.

Just about all Africans -- at home and in the Diaspora -- have an axe to
grind with the white devils and they therefore can easily be taken in by the
propaganda of wily false prophets of African liberation and empowerment.

What many do not realise is that the Zanu (PF) government has been right
wing right from the start in 1980. Witness how they jettisoned the African
agenda in the 80s and early 90s as they cavorted with white devils while
ignoring the interests of Africans at home.

People should not confuse the vengeance of Uncle Toms slighted by Tony Blair
and out to avenge their wounded monstrous egos with sincere Pan Africanism
meant to advance the cause of the God forsaken Africans.

Of all the liberation movements in the SADC region which became ruling
parties, Zanu PF is the most disappointing. As a liberation movement turned
ruling party, Zanu PF has been a great betrayal to black Zimbabweans.

Having been given a political blank cheque, well almost, at independence,
they turned against their own people using the Rhodesian repressive
machinery they inherited at independence comprising repressive laws and
instruments of coercion like the police, CIO and army, in their quest to
keep a grip on power.

Betrayal

Instead of using people-centred policies to maintain their grip on power,
they used repression. The party also turned into a bunch of corrupt looters,
using state resources to line their pockets in contemptuous disregard of the
wishes of their people. Isn’t it a scandalous shame that the number of
black people killed by the settler regime in its defence of white interests
may be equal or is even less than those killed by the ZANU PF government in
its quest to remain in power?

So the yearning for genuine freedom by the black people of Zimbabwe thirty
years after independence is a legitimate aspiration, which should not be
confused with the antics of the imperialists to advance their own cause
using the suffering of black Zimbabweans. The progressive world should not
throw away the proverbial baby with the bath water in their indecent haste
to dismiss the MDC as a front for white interests.

MDC mediocrity

The mediocrity of the MDC leadership, including Tsvangirai has always been
an open secret. The preponderance of mediocre leadership in the MDC can be
attributed to the fact that ZANU PF has managed to scare away people of
substance from opposition politics.

It takes a lot of personal sacrifice for anybody to offer themselves as a
candidate for opposition politics. One risks their life and livelihood by
dabbling in opposition politics in Zimbabwe. ZANU PF has not hesitated to
kill, or maim opponents or destroy their businesses and/or their careers.

Again because of an entrenched patronage system in the country business
people can lose government business and business from Parastatals or even
licences to do business if they come out in the open as opposition party
members.

In addition, appointment to positions of authority in government,
Parastatals, universities etc is also dependent on membership to Zanu PF or
non involvement in opposition politics at the very least, so one would be
jeopardising their career by getting involved in opposition politics.

The dirty nature of politics as practised by Zanu PF is succinctly captured
in Chimurenga music guru Thomas Mapfumo‘s song Jojo “… Jojo zvenyika… Jojo
siyananazvo/ Jojo unozofa….Vazhinji vakapondwa pamusana penyika…” (Jojo do
not be involved in politics, because you will be murdered. Many people have
been murdered for dabbling in politics.)

For a party formed and led by a mere trade unionist with limited education,
together with students still wet behind the ears, I think the MDC has done
reasonably well in very difficult circumstances.

However, MDC’s weaknesses do not make Zanu PF angels. Zanu PF may unleash
all the propaganda they like about conspiracies by imperialists, but that
can never belie the fact that as a liberation movement that gained power the
party has been a great betrayal to the aspirations of Africans who waged a
war to get them into power.

Zanu PF is not the panacea to Zimbabwe’s problems; it is part of the
problem. There is still a struggle to be fought to improve the lot of
Zimbabweans in terms of their freedoms and their economic well being.

The lot of the generality of Africans in Zimbabwe is not any better than
what it was in colonial Rhodesia. In Rhodesia they lived in fear of the
Special Branch and they had to be subservient to the colonial Nkosi / Baas.

In Zimbabwe they live in mortal fear of the dreaded CIO and they have to
grovel before the black Shefu. In Rhodesia, Smith killed and maimed black
Zimbabweans to maintain white rule. In Zimbabwe, Zanu PF kills and maims
black Zimbabweans to maintain remain in power.

Zimbabwe: Cross the bridge or jump into the abyss

http://www.politicsweb.co.za

Eddie Cross
06 March 2011

Eddie Cross says the choice facing the country is quite simple

I spoke to a friend who works for one of the aid agencies in Harare and
asked if we had succeeded in confusing her at last. She laughed and said
that we had. Now if she is confused by Zimbabwe, with all her resources and
information and the analytical capacity available to a person in her job,
then the rest of us should be stumbling in the dark.

But the reality is actually quite simple in its basic elements. The GPA
government is not working, economic recovery has slowed and we simply cannot
go on much longer like this. That is a fact, we either resolve our
differences, work together to find a solution, or we start to slide
backwards into the anarchy we left behind in 2009.

The second reality is that we are all out of time. Suddenly Mr. Mugabe is
mortal; the implications are far reaching for all of us and especially for
Zanu PF, which is hopelessly fragmented.

Thirdly, we are all tied into the GPA process by our leader's signatures and
the political commitment of the region and the AU as a whole. This means
that whether we like it or not we either walk across the GPA Bridge or
abandon the process and jump off into the gorge below.

The one thing is sure for all of us - we are on the GPA Bridge and our
collective future depends on our willingness to continue the walk to the
other side that we started on in February 2009. We cannot go back, none of
us; this is the only way forward if the jump into the gorge is out.

The only group here that wants to risk the jump are those who know that once
we get across the bridge there is no future for them there, only total
uncertainty and insecurity. This group includes all the real hardliners in
Zanu PF as well as key military and security figures. They want an Egypt
solution - chaos on the streets, an ungovernable State, a leap off the
bridge and if they survive the fall into the river below, regroup and form a
new government that will be a flimsy disguise for a military Junta.

They do not give a damn about the welfare of the people, they fear and
despise democracy and trust only themselves. They think that in an unholy
alliance with international crooks and thugs and the rich natural resources
here, they can get by very well. Those who do not like it can and will
leave, eventually resulting in a tiny population governed by an oligarchy
like Burma or Guinea, protected by powerful friends who profit by exploiting
our isolation and resources.

As I write, the South African facilitators are in town again. They are
talking about how to get this collection of arguing, infuriating people to
stop quibbling and get on with the walk across the bridge. Their efforts
have been complicated immeasurably by Mr. Mugabe's sudden frailty and there
is a new sense of urgency. A changing of the guard is now more certain than
ever and it is only a question of how and when, and perhaps, who?

Despite all our efforts we are still only about one third of the way across.
The GPA road map envisaged that by now we would be over the bridge and
conducting elections for new leadership for a new era. Instead we are stuck
and not even in the middle.

Let's just have a quick look at what we have to do before we can say we have
crossed over this Jordan. First is the issue of a new constitution to
determine the shape and operations of the new State. We have consulted the
people, a flawed process but nevertheless, it did clearly state certain
fundamental national requirements - a devolved State, perhaps with five
Provincial Governments, reduced powers for the President who will govern
without a Prime Minister, a stronger, more independent Parliament and
greater independence for key Commissions.

I think the two main Parties can agree on most of this and a new
constitution should not be difficult to negotiate - and it will be
negotiated, the idea of a people driven process is simply not going to work,
that is for next time. What we will almost certainly end up with is a
compromise document that will form the basis of a new transitional
government to be formed after an election.

By itself, the constitution will not deliver a free and fair election that
is not open to dispute. This is the stated goal of the South African team
and is attainable. What is needed is for the new Electoral Commission to be
given full control of the process, sufficient funding for what is required
and for a new staff at the Commission to replace the CIO/Military
establishment that has run elections here for the past decade.

If it is decided to go for a harmonised election, then we will need a new
voters roll. The present roll is totally and irrevocably compromised. The
Registrar Generals Office has been playing games with the roll for so long I
do not think even they know who is on the roll anymore. It has six million
voters recorded - at least two million are dead (my father is still on the
roll and he has been dead for 20 years) and goodness knows how many are
absent from the country - we have at least 4 to 5 million Zimbabwean adults
abroad or in other African States. Urban and young voters are understated
and thousands of people who qualify as Citizens under the amendments to the
present constitution have been deregistered.

Once we have a new roll, then we need a new delimitation exercise conducted
by an independent and apolitical authority under the guidance of ZEC. I am
quite sure that this will reverse the relationship in numbers between urban
and rural constituencies - in my view the present ratio of rural to urban
voters is one third/two thirds. Such a shift would have a profound impact on
the electoral outcome as every Zanu PF leader understands.

We need peace and total control of political violence. Believe me, Zanu can
turn on and off the violence in five minutes. They have done it in the past
and only they have the mechanism to do so. The recent upsurge in violence is
totally at the behest of Zanu PF leadership and they must be persuaded that
this is not only unacceptable, but it's unproductive and not in their
interests.

We need international observers in here - months before and after the
elections. Then we need a decent election, observers in every polling
station, a transparent ballot, counting and reporting system as laid down in
new electoral regulations that are under discussion right now.

The trouble with such a road map is that it has nothing for Zanu PF after
the bridge has been crossed. They would be defeated in such an election and
by such a wide margin that they might cease to exist as a viable political
entity. The only way to avoid that is to go for a Presidential election
only. This would leave Zanu intact in the House and force a new President to
work with them in the formation of a post GPA Government.

The adoption of a road map that leads to such an outcome would have many
advantages - Zanu would be more prepared to work with the MDC on a new
constitution that was compliant with the people's wishes. It would take less
time - we would not need a new voters roll or delimitation and the interests
of Zanu PF, including security, would be met by negotiation on the
composition and shape of the new administration.

Eddie Cross is an MDC MP for Bulawayo South. This article first appeared on
his website www.eddiecross.africanherd.com in late February.

Do Zimbabweans deserve Jacob Zuma’s mediation style?

By Clifford Chitupa Mashiri, Political Analyst, London 05/03/11

Reports that Zimbabwe’s cabinet ministers in the shaky coalition government
clashed in furious scenes on Tuesday over a series of political issues is
very concerning. (Zimbabwe Independent, 03/03/11). Indications are that the
contentious issues such as targeted sanctions, the media, external radio
stations, hate speech, the rule of law, land audit and so on are unlikely to
be resolved at the next Cabinet meeting as planned.

As the country faces a bleak and terrifying political future amidst
militarization and GPA stalemate, many questions come to mind, like: ‘Do
Zimbabweans deserve Jacob Zuma’s style of mediation? Is Jacob Zuma the
surrogate President of Zimbabwe? Why is there no progress in Zuma’s
mediation? Why can’t the UN replace Zuma as the facilitator on the Zimbabwe
crisis?

The reasons for losing hope in Jacob Zuma’s mediation efforts abound but for
now, we shall focus on five key pressing ones. These include Zuma’s rather
secretive facilitation style, a lackadaisical approach, probably an apparent
conflict of interest, taking sides e.g. on targeted sanctions and
withholding 2002 election violence report.

Over-secretive facilitation

The facilitation team was last in Harare two weeks ago but left tight-lipped
at a time of increasing tension due to political violence and intimidation
in the country. President Zuma was expected to visit Zimbabwe in the new
year to discuss a road map and transfer of power, but that did not take
place. Iin October 2010 the team also left Harare empty-handed after it
failed to convene a meeting of the three principals (Zimbabwe Metro,
15/10/10).

While Zimbabweans may think they have been waiting for too long since 2008,
they will have to wait until August when Pretoria assumes the SADC Troika
chairmanship, which according to President Zuma’s State of the Nation
address, ‘will give it more leverage to carry out its mediatory role in
Zimbabwe, including pushing for a clear roadmap to new elections’
(Southafricahouseuk.com, 10/02/11).

A roadmap to free and fair elections

The SADC facilitator has since been reportedly presented with the minimum
conditions for free and fair elections by the MDC led by Prime Minister
Morgan Tsvangirai and what remains to be seen is President’s Zuma’s own
action plan. The conditions include:
•    a new constitution;
•    guaranteeing the security of people;
•    an end to violence;
•    the introduction of a biometric voters’ roll;
•    a transparent and impartial delimitation process;
•    full audit of electoral processes;
•    Sadc monitors six months before and six months after the elections and
•    security sector reforms and realignment to prevent political abuse by
the military, intelligence agencies and youth militia (Zimbabwe Independent,
03/03/11).

Amazingly some analysts were quoted as despising the MDC-T’s conditions
which actually constitute a credible roadmap to free and fair elections. Two
additional conditions are worth mentioning here. There should be
enfranchisement of all Zimbabweans including those in the Diaspora not only
in South Africa as suggested recently by Zapu leader Dumiso Dabengwa.

In addition to a SADC force, there should be a UN peacekeeping contingent to
ensure neutrality given the biased stance of SADC states in previous
elections and as demonstrated by their calls for the lifting of targeted
sanctions before the reasons for their imposition were addressed.

Lackadaisical approach

President Zuma was in Harare from 16th to 18th March 2010 as SADC
facilitator and set a deadline of March 31, 2010 for the implementation of a
package of measures (Kubatana.net, 22/03/10). However, the deadline was
never met and nothing happened. In August 2010, parties to the coalition
government insisted there was ‘little to no chance’ of meeting President
Zuma’s 30-day deadline for the resolution of outstanding issues in the
implementation of the GPA (New Zimbabwe, 22/08/10). That deadline was not
met as well.

The Southern African Development Community (SADC ) Organ for Politics,
Defence and Security otherwise known as the Troika aborted its meeting in
Gaberone, Botswana in November 2010 due to lack of quorum. The Troika
comprises Zambian President Rupiah Banda (chairman) Mozambican President
Armando Guebuza (member) and Democratic Republic of the Congo President
Joseph Kabila (member). With Banda and Guebuza absent, the meeting was
aborted leading to analysts saying ‘SADC is in no hurry to solve Zimbabwe
crisis’ (Financial Gazette, 26/11/10).

The SADC Troika meeting that was supposed to take place in Zambia in
December 2010 failed to materialise. So was the one pencilled in for January
then shifted to February. It is now over six months since the SADC tribunal
was suspended pending a review leaving displaced Zimbabwean white commercial
farmers disadvantaged due to Robert Mugabe’s reluctance to honour its
rulings which were in favour of compensating the farmers.

Defying court orders

Despite the fact that two courts have ordered the South African Presidency
to release a hitherto secret report into Zimbabwe’s 2002 elections, Zuma’s
administration continues to withhold the information surrounding the
controversial 2002 presidential poll widely believed to have been rigged in
favour of Robert Mugabe of Zanu-pf (Mail and Guardian, 21/12/10). The
Presidency has appealed and lost.

Sanctions bias

In all fairness before calling for the lifting of targeted sanctions on
Robert Mugabe and his inner circle, Jacob Zuma is supposed to demand to see
evidence of democracy and good political governance for example the
prosecution of perpetrators of election violence in 2008 during which an
estimated 200 MDC supporters were murdered by suspected Zanu-pf elements.

It is not clear how the SADC facilitator hopes his roadmap to work while the
co-chairman of the constitution outreach programme Douglas Mwonzora and 22
villagers languish in a remote prison despite court bail orders (The
Zimbabwe Mail, 21.02/11).

Arms sales

There are concerns that there could be a conflict of interest in the
mediation process. Fears were expressed in 2009 that South Africa was
planning to sell arms to Mugabe’s regime. Visiting Members of Parliament of
the Democratic Alliance said: ‘We regret to report that our country South
Africa is planning to export 7.62 and 9mm ammunition to Zimbabwe. Our
colleague David Maynier MP recently revealed – on 2 August 2009 – that
Parliament’s National Conventional Arms Committee is considering authorising
more than a million rounds of both types of bullets for export’ (Zimbabwe
Independent, 13/08/09).

The South African MPs were concerned that the Harare regime was funding ‘a
war chest’ following talks with Venezuela, Cuba and North Korea ahead of the
next election. Citing a report by a Belgian Research group, International
Peace Information Service, they said: “On August 21 2008, the first of many
arms shipments containing 32 tonnes of (ammunition) was flown from the
Democratic Republic of Congo to Harare. On August 30 a second shipment of 20
tonnes of AK-47 (ammunition) arrived. This was flown in via Angola (and
also) included mortar bombs and rockets” (Zimbabwe Independent, 13/08/09).

Armscor of South Africa allegedly broke the arms boycott when it reportedly
sold spare parts for Alloutte helicopters to the value of more than R1m to
the Zimbabwean government according to Fin24.com, accessed 05/03/11.

The SADC facilitator did not deplore the recent intimidating show of
military and police force at Harare Gardens, in the city and suburbs by the
Mugabe regime ahead of a supposedly peaceful demonstration dubbed ‘million
citizens march’ prompting it to be called-off.

Conclusion
It is against this background that Zuma’s credibility as a mediator is in
doubt. Although, Zimbabwe is not a member of NEPAD’s African Peer Review
Mechanism, it is ironic that South Africa which is a member state seems to
disregard democracy and good governance as important benchmarks for free and
fair elections in Zimbabwe.

Clifford Chitupa Mashiri, Political Analyst, London,
zimanalysis2009@gmail.com

Bill Watch Special of 5th March 2011 [Mines Portfolio Committee to hear Gono on Mawere & SMM]

Information about other committee meetings open to the public from Monday 7th March to Thursday 10th March will be circulated as soon as Veritas obtains it from Parliament

This meeting will be open to members of the public, as observers only, not as participants.

· Reserve Bank Governor Dr Gideon Gono on allegations of externalisation of foreign currency by Mr Mawere and SMM companies prior to Government action under Prevention of Corruption Act and Reconstruction of State-Indebted Companies legislation

· Permanent Secretary for Home Affairs Melusi Matshiya on the circumstances leading to the specification of Mr Mawere and SMM companies under Prevention of Corruption Act

With this meeting the portfolio committee continues its long-running probe into aspects of the Government’s takeover of Mr Mawere’s SMM asbestos mining empire. It has already heard from Mr Mawere himself and Minister of Justice and Legal Affairs Chinamasa. Two weeks ago it held public hearings on the spot in Zvishavane and Mashava and heard evidence from mineworkers and local businesspeople of the devastating effects of the closure of the Shabanie and Mashava mines under the management of the Government-appointed administrator.

Note: It is recommended that members of the public wishing to attend the meeting avoid possible disappointment by checking beforehand with the committee clerk that the meeting is still on and still open to the public. Parliament’s telephone numbers are Harare 700181 or 252936-55.

If attending, please use the Kwame Nkrumah Ave entrance to Parliament. IDs must be produced.

Note: Zimbabweans in the Diaspora can send in written submissions by email to clerk@parlzim.gov.zw

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

BILL WATCH 7/2011 of 5th March [Commentary on General Laws Amendment Bill]

BILL WATCH 7/2011

[5th March 2011]

Both the House of Assembly and the Senate will resume on Tuesday 8th March

Commentary on General Laws Amendment Bill

Introduction

The General Laws Amendment Bill [HB 8, 2010], which was gazetted in October last year, was introduced into the House of Assembly on 16th February and is currently being considered by the Parliamentary Legal Committee. [Electronic version of Bill available on request]

General Laws Amendment Bills are Bills which amend several different Acts. They save time because Parliament does not have to go through the laborious process of considering and passing a large number of small Bills. But they should make only minor, non-contentious amendments to the Acts concerned. Over the years, however, the Government has tended to insert far-reaching and potentially controversial provisions into its General Laws Amendment Bills, presumably hoping that MPs would not notice them. This Bill continues that regrettable trend. Although its memorandum states that it “seeks to make minor amendments”, some of the proposed amendments are by no means minor.

Non-controversial Amendments

Most of the Bill is uncontroversial. There are clauses which will require appointees to the Administrative and Labour Courts to take an oath of office before the President. Then there are clauses which will amend the Ombudsman Act to reflect the office’s new title of Public Protector, and the Police Act to reflect Mr Chihuri’s title of Commissioner-General [note: a change of title should not affect Mr Chihuri’s retirement terms – see comment at end]. There is a clause allocating State assets between the Ministry of Justice, the Attorney-General’s Office and the new Judicial Service and although the clause suggests that ownership in the assets is being transferred, that cannot be the case since none of the bodies concerned is legally capable of owning property – it is all State property – so what is being transferred is use of and responsibility for the assets.

Debateable Amendments that may Adversely Affect Sectoral Interests

Some of the amendments made by the Bill are important.

Clause 8 – Indigenisation and Economic Empowerment Act

This clause will amend the Indigenisation and Economic Empowerment Act to allow the responsible Minister to carry out assessment ratings of “businesses” rather than just “companies”. The amendment itself is a small one, but its implications may be far-reaching, in that it will extend the Act’s scope to all kinds of business entities such as syndicates and professional partnerships.

Clause 11 – Environmental Management Act

This clause will make several amendments to the Environmental Management Act, one of which will require an environmental impact assessment study to be done before bill-boards can be erected or fibre-optic cables laid [this was not mentioned in the Bill’s memorandum and Harare City Council is reported to be against it].

Clauses 12, 18 and 19 – Local Authority Procurement to be via National Procurement Board

These clauses will make urban councils and rural district councils go through the tender proceedings laid down in the Procurement Act when they obtain goods and services. The clauses may be intended to curb corruption, but local authorities oppose them on the ground that putting all procurement in the hands of the national Procurement Board will result in over-centralisation, bureaucratic delays, and an increase in corruption.

Unsatisfactory Amendments Needing Reconsideration

Clause 4 – enforcement of compensation orders in favour of victims of crime

This clause will amend the Criminal Procedure and Evidence Act so that if a criminal court orders a convicted person to pay compensation to a victim of a crime, the victim will be able to have the order registered as a civil judgment against the convicted person and will be able to enforce the civil judgment even if the convicted person appeals against his conviction. If the convicted person disputes the compensation order he will have to appeal against it separately. This amendment needs to be reconsidered because:

· There is no provision for the convicted person to be told if the compensation order has been registered as a civil judgment. So it can be enforced against him without his being aware that it has been made a judgment.

· If the convicted person is not told when the compensation order has been registered as a civil judgment, he will not be able to appeal against it within the 21-day time-limit for lodging civil appeals.

· Most importantly, if the convicted person is successful in his appeal against conviction, and if the appeal court finds him innocent, he will still be liable to pay compensation to the victim of a crime he didn’t commit, unless he lodges a fresh appeal against the compensation order.

The clause will also amend the Third Schedule to the Criminal Procedure and Evidence Act by adding to the offences for which magistrates cannot grant bail without the consent of the Attorney-General and for which no court can grant bail unless there are exceptional circumstances. One of the offences so added is “contravening section 128 of the Parks and Wild Life Act.” It is not possible to contravene that section since it does not create an offence.

Clause 13 – limitations on legal action against Reserve Bank

This clause, as stated in the Bill’s memorandum, will apply the State Liabilities Act retrospectively to actions against the Reserve Bank. The memorandum does not say what the effect of this will be:

· It probably won’t affect legal proceedings that have been instituted in South Africa against the Reserve Bank. Those proceedings will continue to be governed by South African law.

· It will stop litigants in Zimbabwe from executing against the Reserve Bank; that is, from obtaining court orders requiring the Bank’s assets to be seized and sold in order to pay off the Bank’s debts. This may be a mixed blessing for the Bank. On the one hand, the Bank won’t have to worry about creditors seizing and selling its property. On the other hand, the Bank may not find people willing to do business with it.

· The amendment, as noted above, will be retrospective to the 18th June 2010, which is when regulations were promulgated under the Presidential Powers (Temporary Measures) Act to stop execution against Reserve Bank property. Those regulations, however, expired in mid-December last year, so at present there is nothing to stop Zimbabwean creditors from having the Reserve Bank’s property seized to pay off its debts.

Incidentally, it is not clear if the provisions of the State Liabilities Act requiring notice to be given before legal proceedings are taken against the State will apply to legal proceedings which have already been instituted against the Reserve Bank. The point should be clarified.

Undesirable Amendments

Some of the amendments set out in the Bill are both important and thoroughly undesirable.

Clause 7 – heavy penalties for offences under Aviation Regulations

This clause will amend the Civil Aviation Act to allow the responsible Minister to make regulations prescribing criminal and civil penalties for contraventions of aviation law. At present the maximum penalty that can be prescribed is a fine of level 5 [currently US $200] or six months’ imprisonment; this clause will increase it to a fine of level 14 [US $5 000] or five years’ imprisonment. Such severe prison sentences should be prescribed only by Parliament itself, not by a Minister. Incidentally, the increased criminal penalty is not mentioned in the Bill’s memorandum.

Clause 10 – mandatory minimum sentences for rhino poaching

Section 128 of the Parks and Wild Life Act currently imposes severe penalties [a fine of up to level 14 — currently US $5 000 — or imprisonment for up to 20 years, or both] for poaching rhinoceros and other specified protected animals. This clause will increase the penalty to a mandatory minimum prison sentence of nine years for a first offence and 11 years for a second offence.

Mandatory minimum sentences are generally undesirable:

· They are contrary to the rule of law, of which an essential element is an independent judiciary which is free to exercise its judicial functions without interference from the Executive or the Legislature. The imposition of sentence in criminal cases is essentially a judicial function, and should be left to the courts’ discretion. Justice cannot be done if courts are not allowed to take account of differences between cases.

· A mandatory sentence may be unconstitutional in that it amounts to inhuman or degrading punishment. This applies not only to barbaric sentences such as castration, but also to mandatory sentences of imprisonment if the sentences are so high that they pass beyond all rational bounds of punishment in the eyes of right-thinking people. The sentences specified in this clause come close to this.

Clause 16 – copyright protection for Acts, statutory instruments etc

This clause will give the Government copyright in various types of official documents, namely Acts and statutory instruments, court judgments, Gazette notices and official registers. Objection to the clause were outlined in detail in Bill Watch No. 44/2010 of 31st October 2010, but in summary the objections to it are as follows:

· It will give the Government a complete discretion to decide whether or not the documents should be published, so private individuals and organisations will not be allowed to publicise and disseminate laws such as the Electoral Act, or important court judgments, unless the Government agrees.

· The amendment is unconstitutional in that it violates section 20 of the Constitution, which guarantees freedom of expression, namely the freedom to receive and impart ideas and information without interference.

· The amendment will violate the rule of law, which the principals undertook to uphold in article 11.1 of the GPA. One of the essential elements of the rule of law is that the law must be readily available to the public, because if people don’t know what the law is they will not be able to obey it. So statutes and judgments which embody the law must be disseminated as widely as possible to everyone who needs or wants to read them. The Government should not be allowed to control their dissemination.

· The proposed amendment will also be contrary to best practice in the southern African region. In South Africa, Zambia, Botswana and Namibia, there is no copyright in Bills, Acts of Parliament and other texts of a legal or administrative nature.

Conclusion

As usual, the Bill is a spotty mixture of important and trivial provisions, good ones and bad — and too many bad ones to make it a welcome piece of legislation.

Re Police Commissioner-General: A final point may be noted about clause 6 of the Bill, which will amend the Police Act to reflect the Commissioner’s new title of “Commissioner-General”, given to him by Constitution Amendment No. 18 in October 2007. Under the Act the “Commissioner” of Police must retire after four years, though the President can re-appoint him thereafter for further 12-month periods. The last time Mr Chihuri’s re-appointment was gazetted was in February 2008, and it may be that the Government felt further re-appointment was unnecessary because the 12-month term-limits laid down for the “Commissioner” in the Police Act no longer applied now that he was Commissioner-General. If that was the reason for not re-appointing Mr Chihuri it was manifestly incorrect as a change of title does not mean he is no longer subject to the same term limits. Members of Parliament might well question the co-Ministers of Home Affairs about this when the clause is debated in the House of Assembly.

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

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