http://www.zimonline.co.za/
by Sebastian Nyamhangambiri Friday 14
May 2010
HARARE - Zimbabwean Attorney General (AG) Johannes
Tomana decided to appeal
against a High Court ruling clearing a top ally of
Prime Minister Morgan
Tsvangirai of treason only after Justice Minister
Patrick Chinamasa leaned
on him to do so, sources told ZimOnline on
Thursday.
High Court Judge Chinembiri Bhunu on Monday acquitted Roy
Bennett, the
treasurer of Tsvangirai's MDC party on charges of possessing
weapons of war
and plotting to assassinate President Robert
Mugabe.
Tomana, who has autonomy under the Constitution to prosecute
whatever
matters he deems fit, told journalists after Bhunu's ruling that he
was
satisfied by the judgment, appearing to suggest he would not appeal
against
Bennett's acquittal.
A senior law officer in Tomana's office
said the AG only decided to against
Bennett's acquittal after meeting
Chinamasa on Tuesday who pressed him to
challenge the ruling in order to
block the former opposition politician from
being sworn in as government
deputy agriculture minister. The appeal was
filed Wednesday.
"The
U-turn was made on Tuesday after the Cabinet meeting. The AG had met
Minister Chinamasa. It seems that is where he got his instructions," said
the law officer, who did not want to be named for fear of
reprisals.
Chinamasa was not immediately available for comment on the
matter while
Tomana dismissed claims he had been influenced to appeal
against Bhunu's
ruling were "mere speculation" and insisted he alone took
the decision to
challenge Bennett's acquittal.
"I am entitled by the
Constitution to make the step my office took.
Everything you are talking
about is mere speculation. I do not want to
listen to it," Tomana
said.
The case against Bennett stems from allegations of a plot to topple
Mugabe
in 2006.
The state alleges that Bennett gave money to gun
dealer Peter Michael
Hitschmann to buy weapons to be used to assassinate
Mugabe.
Prosecutors allege that Hitschmann implicated Bennett in 2006
when he was
arrested after being found in possession of firearms - claims
the gun-dealer
has denied saying he was tortured into making confessions
implicating the
MDC politician during interrogation at a military barracks
near the eastern
border city of Mutare.
In his Monday ruling, Bhunu
said the state that was represented by Tomana in
the matter had dismally
failed to establish a prima facie case against
Bennett. The judge ruled that
there was nothing in Hitschmann's confessions
that connected Bennett to the
alleged offences.
But in the appeal filed by one of Tomana's senior
prosecutors, Chris
Mutangadura, the state accused Bhunu of misdirecting
himself when he upheld
Bennett's application for
discharge.
Mutangadura wants the Supreme Court, the highest in the land,
to set aside
Bhunu's ruling and that it orders Bennett to be placed on his
defence on the
treason charges.
It could be months before the appeal
is headed while Supreme Court ruling
ordering Bennett to be placed on his
defence could mean the matter taking
even longer to be concluded.
The
handling of Bennett's case, in particular Mugabe's refusal to swear in
the
MDC treasurer as deputy minister until he is cleared of treason, is one
of
the key issues at the center of a bitter dispute between the veteran
leader
and Tsvangirai, which is threatening the stability of their fragile
coalition government. - ZimOnline
http://www.zimonline.co.za/
by Patricia Mpofu Friday 14 May
2010
HARARE - President Jacob Zuma's mediation effort in Zimbabwe is
being
thwarted by failure by the three principals in the Harare coalition to
meet
to discuss the final report submitted by their negotiators, a top South
African official has said.
The talks to iron out issues still
outstanding from implementation of a 2008
power-sharing agreement between
President Robert Mugabe's ZANU PF party and
the two MDC formations led by
Prime Minister Morgan Tsvangirai and Deputy
Premier Arthur Mutambara have
dragged on since the former foes agreed to
join hands in February 2009 in a
coalition government that has been credited
with stabilising the country's
economy to improve the lives of ordinary
Zimbabweans.
Negotiators
from ZANU PF and the two MDC formations concluded talks on April
3 2010 and
gave their final report to Mugabe, Tsvangirai and Mutambara and
Southern
African Development Community (SADC) mediator Zuma.
But Zuma's
international relations advisor - Lindiwe Zulu - who is also a
member of the
South African leader's facilitation team in the Harare talks,
said on
Thursday that since April 3 the three principals have failed to meet
due to
tight schedules.
Zulu said the facilitation team, which also includes
former Cabinet
ministers Charles Nqakula and Mac Maharaj, was waiting for
Mugabe,
Tsvangirai and Mutambara to first meet and deliberate on the
negotiators'
report before the South Africans can resume their mediation
process.
Zulu said Zuma's next visit to Zimbabwe depended on the
principals'
recommendations to him on the way forward regarding the
contentious issues.
"As the South African facilitation team, we are
waiting for the principals
to meet over the final report submitted to them.
Since we left Harare about
three weeks, they have not met because of various
reasons. When we were last
here the three principals were busy attending the
World Economic Forum
(WEF)," she said, referring to last week's WEF in Dar
es Salaam in Tanzania.
The foreign sojourns by the three principals have
made it impossible for
them to hold their weekly Monday
meetings.
Tsvangirai last week confirmed the principals had not been able
to meet,
citing tight schedules. This week he was again away to pick a human
rights
award in Washington, in the United States.
Zulu added: "But it
is our hope that they meet soon to accept the final
report, work on the
recommendations of the report and indicate what they
intend to do on the
outstanding issues."
She said it would be futile for Zuma or the
facilitation team to visit
Harare when the three principals were yet to meet
and deliberate on the
final report.
"President Zuma can only come
once the principals have met and when there is
a way forward on the
outstanding issues. When he eventually comes, he will
be coming to engage
but only after the principals have set the ball-rolling
by meeting," she
said.
Meanwhile Zuma on Wednesday told the South African Parliament that
Harare
coalition parties have agreed on most issues under discussion in the
talks
to implement the 2008 global political agreement (GPA) that gave birth
to
the power-sharing government.
Zuma said he has since received a
report on the discussions and would
present it to the chairman of the SADC
Organ on Politics, Defence and
Security President Armando Guebuza of
Mozambique and the regional bloc.
"The Zimbabwean negotiation process is
well underway and some achievements
have been registered," Zuma said,
adding; "The parties have established a
team that comes from all parties
that will appeal to the international
community to call for the withdrawal
of sanctions. The parties have also
agreed to put in place various
commissions that will help to move the
country and the negotiation process
forward. The commissioners have already
been sworn in. The commissioners
enjoy the respect of all Zimbabweans across
the political
spectrum."
Zuma said negotiations on other issues were still underway
with proposals on
how to "unlock the impasse" still being
considered.
"There is hope and optimism that a solution would be found as
we continue to
engage with all the relevant stakeholders," he said, adding
that the
parties - who had also agreed on the appointment of provincial
governors and
establishment of a National Economic Council - were still
consulting on the
appointment of the anti-corruption
commission.
"With the acquittal of Mr Roy Bennett, one issue that was an
obstacle has
been removed," Zuma said, unaware that Zimbabwean prosecutors
who had hinted
they would not appeal the MDC politician's acquittal had made
a spectacular
U-turn and filed an appeal at the Supreme Court. - ZimOnline
http://news.radiovop.com
13/05/2010
22:08:00
Harare, May 14, 2010 - South African President Jacob Zuma's
team of
facilitators said they will engage Zanu (PF) over government's
decision to
challenge MDC-T treasurer Roy Bennett's acquittal on terrorism
charges by
the High Court.
The latest twist in Zanu (PF)'s bid to
keep the popular former commercial
farmer out of government will be another
big test for the fragile coalition
government.
"We certainly respect
the right of the state to appeal, it's their
constitutional right," said
Lindiwe Zulu, a member of President Zuma's three
member facilitation
team.
"But the acquittal would have indeed moved the process (of
resolving
outstanding issues) forward," Zulu told Radio VOP. "We are however
still
hopeful on the resolution of this issue and we will be engaging the
government particularly the Zanu (PF) side of it on the Bennett
issue."
Justice Chinembiri Bhunu refused to put Bennett on his defence on
the
charges of plotting to overthrow President Robert Mugabe's government
dating
back to 2006.
Bhunu said the key state witness, a so-called IT
expert Pekerayi Denchard
Mutsetse, was "appalling."
The state's case
hinged on Mutsetse's evidence that was supposed to show
that Bennett had
connections with Mutare based arms dealer Peter Hitschmann.
Bennett's
acquittal had re-ignited hopes that Zanu (PF) and MDC-T will end
their
squabbles over the implementation of outstanding issues in the Global
Political Agreement (GPA).
Zanu (PF) now says it does not want
Bennett in the inclusive government in
any capacity because of his Rhodesian
links. But Mugabe had given the trial
at the High Court as an excuse for not
swearing in Bennett and the appeal is
now seen attempt to buy
time.
Zulu said Zuma was wating for Mugabe, Prime Minister Morgan
Tsvangirai and
Deputy Prime Minister Arthur Mutambara, the three principals
in the unity
government, to study the report presented to them on April 3
outlining
progress made in the talks so far before taking the matter to the
Southern
African Development Community (SADC).
The three principals
have failed to meet due to tight schedules which have
been involving
travelling regionally and internationally.
Zulu, who is part of the South
African facilitation team together with
former cabinet ministers Charles
Nqakula and Mac Maharaj, said President
Zuma's next visit to Zimbabwe
depended on the principals' recommendation to
him as the way forward
regarding the contentious issues.
"As the South African facilitation
team, we are waiting for the principals
to meet over the final report
submitted to them. Since we left Harare about
three weeks, they have not met
because of various reasons. When we were last
here the three principals were
busy attending the World Economic Forum," she
said.
The foreign trips
by the three principals have made it impossible for them
to hold their
weekly Monday meetings.Tsvangirai last week confirmed the
principals had not
been able to meet, citing tight schedules.
This week he was again away to
pick a human rights award in Washington in
the United States of
America.
Zulu added: "But it is our hope that they meet soon to accept
the final
report, work on the recommendation of the report and indicate what
they
intend to do on the outstanding issues."
She said it would be
futile for President Zuma or the facilitation team to
visit to Harare when
the three principals were yet to meet and deliberate on
the final
report.
"President Zuma can only come once the principals have met...
when he
eventually comes, he will be coming to engage but not only after the
principals have set the ball-rolling by meeting," she said.
While
some agreements have been achieved such as electoral and media
reforms, the
three principals are deadlocked on the fundamental issues of
provincial
governors, senior government appointments, security sector
reform,
ministerial portfolios and Roy Bennett.
President Zuma, who would be
hosting the soccer World Cup in less than a
month, is reportedly under
immense pressure especially regionally and
internationally, to bring closure
to the Zimbabwean political impasse.
http://www1.voanews.com
Deputy
Prime Minister Arthur Mutambara on Thursday told civil servants and
government representatives that civil service salaries are not frozen,
contrary to recent statements by Finance Minister Tendai
Biti
Patience Rusere | Washington 13 May 2010
Zimbabwean
Deputy Prime Minister Arthur Mutambara on Thursday told a meeting
of civil
servants and government representatives that civil service salaries
are not
frozen, contrary to recent declarations by Finance Minister Tendai
Biti
which angered public workers and set up a clash within Biti's Movement
for
Democratic Change party.
The meeting in Kariba was expected to lead to a
new round of salary
negotiations. Mutambara told those present that the
government is looking
into demands for a significant rise in public salaries
and will come up with
a solution.
Civil servants want a base monthly
salary of some US$600, but Biti has said
the government cannot afford
this.
Chairwoman Tendayi Chikowore of the Apex Council representing civil
servants
in discussions with the government told VOA Studio 7 reporter
Patience
Rusere that state workers were satisfied with Mr.. Mutambara's
assurances.
Chikowore added that she feels confident an amicable solution
will be found.
http://www.thedailynewszw.com
May 14, 2010
By Our
Correspondent
MUTARE - The government has awarded rights to a Chinese
company to mine
diamonds at Chiadzwa in Marange under what observers say are
very
clandestine circumstances.
The company, identified by government
sources as Anjin, has since moved onto
the diamond fields to perform
preparatory work.
"They are building makeshift houses for workers and
other structures to be
used as offices," said government official based in
Mutare.
Last week a strong contingent of Chinese nationals nearing 100
descended on
the government complex in the eastern border city for a meeting
with Chris
Mushowe, the Manicaland Governor and Resident
Minister.
Anjin becomes the third company to be granted rights to extract
diamonds
from Chiadzwa after Canadile Mining and Mbada Diamonds.
The
other two were granted rights under controversial circumstances although
the
government insists all everything was above board.
Sources say the
Chinese company moved into Chiadzwa two months ago.
Details regarding
Anjin were hazy with Chinese officials at the Harare
embassy declining to
give details.
There were reports which could not be independently
verified which suggested
Anjin could be owned by the Chinese
military.
The Chiadzwa diamonds are subject to a protracted legal dispute
between the
Zimbabwe government and London-based Africa Consolidated
Resources (ACR).
The government has responded by arresting an executive
from ACR, Ian Harris
on charges that his company corruptly obtained rights
to the Chiadzwa
diamonds.
Harris appeared in court together with
former Manicaland Mining Commissioner
Isaac Giles Ruswa and a secretary in
the Mines Ministry Mairosi Matinyanye
before a magistrate in Mutare on
Tuesday.
He was freed after he posted $1000 bail, while Ruswa and
Matinyanye paid
$500 each. They were remanded to 28 May.
Human rights
watchers have accused the Zimbabwean government of sanctioning
human rights
abuses at Chiadzwa.
http://www.thedailynewszw.com
May 14, 2010
By Owen
Chikari
MASVINGO - A policeman was this week seriously injured following
an exchange
of gunfire between police officers and five Mozambicans in the
Dumisa area
of Chiredzi near the Gonarezhou National Park.
The
encounter occured amid reports that security has been tightened along
the
Zimbabwe-Mozambican border to curb poacher incursions.
The policeman,
whose name could not be released to the press, was reported
to be in
critical condition in Chiredzi District Hospital.
The police confirmed
the incident occurred in the Dumisa area near the
Gonarezhou National Park.
The Mozambicans were suspected of poaching in the
game
reserve.
Police detectives on patrol, together with officers from the
Department of
National Parks and Wildlife, spotted the five after they had
stopped their
car which had developed a mechanical fault.
Upon
noticing the police and game rangers, the five suspected poachers
opened
fire and seriously injured one of the policemen.
Police returned fire and
the suspected poachers took to their heels .
However, the police gave chase
and arrested two of the Mozambicans. Three
managed to escape.
Police
recovered a white Isuzu vehicle which the suspected poachers were
using.
They also recovered several bales of clothes believed to have been
smuggled
into the country through an undesignated entry point.
Masvingo police
spokesman Inspector Tinaye Matake confirmed the incident on
Thursday, adding
that the police have since beefed up operations along the
Mozambican
border.
"We have arrested two Mozambicans following a shoot out with the
police,"
said Matake
"We have also recovered the car in which the
five were travelling in and an
assortment of goods, among them bales of
clothes smuggled into the country.
"One of our officers was injured
during the incident; he is recovering at
Chiredzi District
Hospital."
Sources within the police force said that a combined operation
involving the
police, the army and officers from the Department of National
Parks and
Wildlife had been launched.
"We have beefed up security
along the border to avoid similar incidents,"
said a source in the
police.
"We have also discovered that there are several undesignated
entry points
along the border which are used by both poachers and
Zimbabweans who
illegally cross into Mozambique."
Poaching is rampant
in the Gonarezhou National Park. The police and game
rangers blame
Mozambicans for the poaching.
Zimbabwe
Information Centre Inc
PO Box K824,
HAYMARKET NSW 1240
Media
Release
May 14, 2010,
Women on the Talking
Points and Demands on the Constitution
The National Association of
Non-Governmental Organisations (NANGO) facilitated the Civil Society Cluster
Consultative Meetings on the ongoing constitutional reform process 27- 29 April,
2010. Meetings were attended by 712 delegates representing stakeholders within
civil society participating in the constitution making exercise.
Talking
Points
Women’s groups expressed strong
reservations on the proposed talking points that the Constitutional
Parliamentary Select Committee (COPAC)’s intends to use during the outreach
meetings. They described these as prescriptive and suggestive hence
probabilities are high that the output shall not adequately represent the will
and intention of the people of Zimbabwe. Concern was expressed on the technical
language used in drafting the talking points as this will elude the layman’s
scope.
Women’s groups are concerned about
the existing gaps within the talking points - key issues affecting the rights of
women and equality before the law as well as humanitarian assistance to
vulnerable persons are not adequately addressed. Delegates observed that COPAC
had not consulted key stakeholders including civil society, hence the resultant
gaps identified in the talking points. We call for broader consultations on the
talking points before these are finalised by COPAC.
Key Demands
Women’s groups demand a minimum of
52% representation in the leadership of political, socio-economic aspects of
public life; this can be achieved through implementation of the zebra principle
in all key appointments. They demand equality of opportunities and
mainstreaming of gender issues into the constitution making
process.
The operational environment is
currently not conductive for the outreach teams to conduct their work. Delegates
were gravely concerned that the majority of our people will not be able to
freely contribute to the drafting of the new constitution in the existing
polarised environment. Women are exposed to great security risk in the
constitutional making process such as rape due to the highly polarized
environment. There is overwhelming evidence of ongoing systematic harassments
and intimidation of women in order to stifle them from contributing during the
outreach process hence men will be leading in making submissions on content of
the constitution.
The National Association of
Non–Governmental Organisations (NANGO) calls upon the inclusive government to
immediately attend to the legislative agenda to ensure that a conducive
environment, with security of women being observed as paramount, and should be
guaranteed for this critical national process; selective application of the law
through application of restrictive legislation such as the Public Order and
Security Act (POSA) and Access to Information and Protection of Privacy Act
(AIPPA) must be urgently attended to in order to ensure that all citizens are
able to participate in this national process. It is imperative to address the
issues of concern regarding the talking points and the operational environment
before embarking on the outreach phase.
End
Coordinator
SEARCH
Foundation
Level 3, 110 Kippax
St,
Surry Hills NSW 2010,
Australia
Ph: +61 2 9211 4164;
Fax: +61 2 9211 1407
ABN 63 050 096
976
promoting democracy,
social justice and environmental sustainability
Profile for Ms. Letty Chiwara
Letty
Chiwara conducting training session in
Nepal
Ms. Letty Chiwara is the Chief of the Africa Division of the United Nations Development Fund for Women (UNIFEM), a position she assumed on May 1, 2010. As the Chief of Africa Division, Ms. Chiwara leads a team of over 200 management and programme staff in four sub-regional offices – Southern Africa Sub-Regional Office (Pretoria, South Africa); Central Africa Sub-Regional Office (Kigali, Rwanda); East Africa Sub-Regional Office (Nairobi, Kenya); and West Africa Sub-Regional Office (Dakar, Senegal). Each sub-regional office oversees several country programmes, including one in Zimbabwe, where Letty hails from.
Prior to her recent appointment to the Africa Division, Ms. Chiwara had been the Chief, Cross Regional Programmes, where she managed several global programmes, including EC/UN Partnership on Aid Effectiveness, and the UN/World Bank Results Based Initiatives on women’s economic empowerment. Both programmes are currently ongoing in select countries in Asia, Africa, Latin America and the Caribbean, and East and Central Europe. From 2002 to 2006, Letty was the Senior Programme Specialist for Africa, providing technical and operational support to the sub-regional offices.
Ms. Chiwara joined UNIFEM in 1997 as a Programme Officer for the Southern Africa Sub-Regional Office in Harare, Zimbabwe, before the office relocated to South Africa. Letty was the founder member of the Gender Forum in Zimbabwe and amongst her very first responsibilities was to fundraise for the Forum and also to organize the SADC Women’s Expo in 1997. She was also instrumental in the formation of several community-based initiatives on Gender and HIV, providing livelihood alternatives for women including those infected and affected by HIV/AIDS, such as the Gweru Women’s Association for Positive Action (GWAPA) and the Mutoko Project, now renamed the Nyahunure Community Trust.
Before joining the United Nations, Letty worked for the Government of Zimbabwe as Senior Planning Officer in the Ministry of Local Government (1991 – 94). She was an active member of the Zimbabwe Institute of Rural and Urban Planners (ZIRUP). From 1995 – 96, Letty was appointed to a 4-member Deregulation Task Force that led the development of government policies to de-regulate economic legislation, which restricted mainly women from legally performing their informal trade, cross-border trade and cottage industries.
Letty holds a Masters in Urban Development Planning from the University of London, majoring in Economics of Urbanization and a secondary major in Gender and Development. She also graduated from the University of Zimbabwe with a BSc. in Rural and Urban Planning. She is also on the United Nations System Staff College roaster of qualified trainers and is often invited by UN country teams to conduct training in Human Rights Based Approaches and Results Based Management. Letty is the convener of the ITC/ILO online course on Gender and Aid Effectiveness (www.gendermatters.eu).
Letty has published and edited several papers and articles on Gender and Development and has been interviewed on several media channels to share her experiences on issues affecting women in developing countries. Letty is married and has two children
IN THE HIGH COURT OF ZIMBABWE CASE NO. HC / 10
HELD AT HARARE
In the matter between:-
MOVEN KUFA
1st APPLICANT
and
THE VOICE FOR DEMOCRACY TRUST 2nd APPLICANT
and
THE PRESIDENT OF THE
1ST RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
THE PRIME MINISTER OF THE
2ND RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
SAVIOUR KASUKUWERE
3RD RESPONDENT
and
JOSEPH MADE
4TH RESPONDENT
and
WALTER MZEMBI
5TH RESPONDENT
and
FLORA BHUKA
6TH RESPONDENT
and
SLYVESTER NGUNI
7TH RESPONDENT
and
HENRY MADZORERA
8TH RESPONDENT
and
GILES MUTSEKWA
9TH RESPONDENT
and
SEKAI HOLLAND
10TH RESPONDENT
_____________________________________________________________________
FOUNDING AFFIDAVIT OF MOVEN
KUFA
_____________________________________________________________________
I, MOVEN KUFA, do hereby make oath and swear that:
in consultation
with the Prime Minister, makes key appointments the President is required to
make under and in terms of the Constitution or any Act of
Parliament.
[as read with section 115(1) of the Constitution].
There shall be thirty-one (31) Ministers, with fifteen (15) nominated by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M.
‘shall, before entering upon his office, take and subscribe before the President or some other person authorized by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1, (to the Constitution).
Savior Kasukuwere (the 3rd Respondent)
Joseph Made (the 4th Respondent)
Walter Mzembi (the 5th Respondent)
John Nkomo
Flora Bhuka (the 6th Respondent)
Sylvester Nguni (the 7th Respondent)
SWORN AT HARARE
THIS 6th DAY OF MAY 2010
Signed on original
MOVEN KUFA
BEFORE ME,
Signed on original
COMMISSIONER
OF OATHS
IN THE HIGH COURT OF ZIMBABWE CASE NO. HC / 10
HELD AT HARARE
In the matter between:-
MOVEN KUFA
1st APPLICANT
and
THE VOICE FOR DEMOCRACY TRUST 2nd
APPLICANT
and
THE PRESIDENT OF THE
1ST RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
THE PRIME MINISTER OF THE
2ND RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
SAVIOUR KASUKUWERE
3RD RESPONDENT
and
JOSEPH MADE
4TH RESPONDENT
and
WALTER MZEMBI
5TH RESPONDENT
and
FLORA BHUKA
6TH RESPONDENT
and
SLYVESTER NGUNI
7TH RESPONDENT
and
HENRY MADZORERA
8TH RESPONDENT
and
GILES MUTSEKWA
9TH RESPONDENT
and
SEKAI HOLLAND
10TH RESPONDENT
____________________________________________________________________
DRAFT
ORDER
Before the Hon.
After perusing the papers filed of record and hearing Counsel,
IT IS ORDERED THAT:
1 The purported appointments and entry into office as Ministers of:
SAVIOR KASUKUWERE
JOSEPH MADE
WALTER MZEMBI
FLORA BHUKA
SLYVESTER NGUNI
HENRY MADZORERA
GILES MUTSEKWA
and
SEKAI HOLLAND
are hereby declared to be null and void.
ALTERNATIVELY,
1 1st Respondent and 2nd Respondents be and are hereby directed, within seven days of the date of service of this order upon them, to prevent more than 15 ZANU PF nominees, 13 MDC-T nominees and 3 MDC-M from purporting to act and carry out the functions of Ministers so that the Ministerial complement of Government does not exceed 31 persons.
2 The 1st and 2nd Respondents are hereby ordered to publish in the Government Gazette a list of Government Ministers in the number and manner required under the Constitution;
3 Only the persons included in such list shall be entitled to receipt of any emoluments or entitlements as would accrue to a Minister from the Government or carry out the functions of a Government Minister.
4 It is hereby declared that there shall not be appointed any number of Ministers above those catered for in terms of the Constitution of Zimbabwe.
5 1st and 2nd Respondents shall pay the costs of this application.
BY THE COURT
REGISTRAR
IN THE HIGH COURT OF ZIMBABWE CASE NO. HC / 10
HELD AT
HARARE
In the matter between:-
MOVEN KUFA
1st APPLICANT
and
THE VOICE FOR DEMOCRACY TRUST 2nd
APPLICANT
and
THE PRESIDENT OF THE
1ST RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
THE PRIME MINISTER OF THE 2ND
RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
SAVIOUR KASUKUWERE
3RD RESPONDENT
and
JOSEPH MADE
4TH RESPONDENT
And
WALTER MZEMBI
5TH RESPONDENT
and
FLORA BHUKA
6TH RESPONDENT
and
SLYVESTER NGUNI
7TH RESPONDENT
and
HENRY MADZORERA
8TH RESPONDENT
and
GILES MUTSEKWA
9TH RESPONDENT
and
SEKAI
HOLLAND
10TH RESPONDENT
SUPPORTING AFFIDAVIT OF JACOB
CHENGEDZENI
I, JACOB CHENGEDZENI, do hereby make
oath and state that:
1
I am a Trustee of the 2nd Applicant in this matter, and I
am duly authorised to depose to this affidavit on its behalf.
2
I have read the founding affidavit of MOVEN KUFA, and I confirm that,
to the best of my knowledge and belief, the facts deposed to therein are true
and correct.
3
I associate 3rd Applicant with the founding affidavit, and
humbly pray for an order in terms of the draft.
THUS SWORN TO AT HARARE THIS 6th DAY OF MAY 2010
Signed on
original
JACOB CHENGEDZENI
BEFORE
ME,
Signed on
original
COMMISSIONER OF OATHS
IN THE HIGH COURT OF ZIMBABWE CASE NO. HC / 10
HELD AT
HARARE
In the matter between:-
MOVEN KUFA
1st APPLICANT
and
THE VOICE FOR DEMOCRACY TRUST 2nd
APPLICANT
and
THE PRESIDENT OF THE
1ST RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
THE PRIME MINISTER OF THE 2ND
RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
SAVIOUR KASUKUWERE
3RD RESPONDENT
and
JOSEPH MADE
4TH RESPONDENT
And
WALTER MZEMBI
5TH RESPONDENT
and
FLORA BHUKA
6TH RESPONDENT
and
SLYVESTER NGUNI
7TH RESPONDENT
and
HENRY MADZORERA
8TH RESPONDENT
and
GILES MUTSEKWA
9TH RESPONDENT
and
SEKAI
HOLLAND
10TH RESPONDENT
COURT APPLICATION
TAKE NOTICE THAT Plaintiff intends to apply to the High Court at Harare for an Order in terms of the Draft Order annexed to this notice and that the accompanying affidavit will be used in support of the application.
If you intend to oppose this application, you will have to file a notice in Form No. 29A, together with one or more opposing affidavits, with the Registrar of the High Court at Harare within ten (10) days after the date on which this notice was served upon you. You will also have to serve a copy of the Notice of Opposition and affidavit\s on the Plaintiff at the address for service specified below. Your affidavits may have annexed to the documents verifying the facts set out in the affidavits.
If you do not file an opposing affidavit within the period specified above, this application will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application.
Dated at Harare this 6TH day of May 2010.
-------------------------------------------
Coghlan Welsh & Guest
Applicant’s Legal Practitioners
3RD Floor Executive Chambers
16 George Silundika Avenue
Harare(N Moyo)
To The Registrar
High Court
Harare
And to The Attorney General’s Office
New Government Complex
Samora Machel Ave & Fourth Street
Harare
And to The President of the Republic of Zimbabwe
Munhumutapa Building
Samora Machel Ave
Harare
And to The Prime Minister of the Republic of Zimbabwe
Munhumutapa Building
Samora Machel Ave
Harare
And to Saviour Kasukuwere,
c\o Ministry of Youth Development,
Indigenisation and Empowerment
Mukwati Building
Cnr Fourth Street & Livingstone Avenue
Harare.
And to Joseph Made
c\o Ministry of Agriculture
Mechanisation and Irrigation
Ngungunyana Building
1 Borrowdale Road
Harare.
And to Walter Mzembi
c\o Ministry of Tourism and
Hospitality Industry
Tourism House
Samora Machel Av & Julius Nyerere Way
Harare.
And to Flora Bhuka
c\o Ministry of State in the Vice President’s Office
Munhumutapa Building
Samora Machel Avenue
Harare.
And to Sylvester Nguni
c\o Ministry of State in the Vice President’s Office
Munhumutapa Building
Samora Machel Ave
Harare.
And to Henry Madzorera
c\o Ministry of Health and Child Welfare
Kaguvi Building
Central Avenue and Forth Street
Harare.
And to Giles Mutsekwa
c\o Ministry of Home Affairs
Mukwati Building
Fourth Street & Livingstone Avenue
Harare.
And to Sekai Holland
c\o Ministry of State in the Prime Minister’s Office
Munhumutapa Building
Samora Machel Avenue
Harare.
IN THE HIGH COURT OF ZIMBABWE CASE NO. HC / 10
HELD AT HARARE
In the matter between:-
MOVEN KUFA
1st APPLICANT
and
THE VOICE FOR DEMOCRACY TRUST 2nd APPLICANT
and
THE PRESIDENT OF THE
1ST RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
THE PRIME MINISTER OF THE
2ND RESPONDENT
REPUBLIC OF ZIMBABWE N.O.
and
SAVIOUR KASUKUWERE
3RD RESPONDENT
and
JOSEPH MADE
4TH RESPONDENT
and
WALTER MZEMBI
5TH RESPONDENT
and
FLORA BHUKA
6TH RESPONDENT
and
SLYVESTER NGUNI
7TH RESPONDENT
and
HENRY MADZORERA
8TH RESPONDENT
and
GILES MUTSEKWA
9TH RESPONDENT
and
SEKAI HOLLAND
10TH RESPONDENT
_____________________________________________________________________
INDEX
_____________________________________________________________________
ITEM DESCRIPTION PAGE
1 Court application 1-3
2 Founding affidavit of Moven Kufa 4-12
3 Supporting Affidavit of Jacob Chengedzeni 13
4 Deed of Trust of The Voice for Democracy Trust 14-21
5 Draft Order 22-23
Dated at Harare this 6TH day of May 2010.
-------------------------------------------
Coghlan Welsh & Guest
Applicant’s Legal Practitioners
3RD Floor Executive Chambers
16 George Silundika Avenue
Harare(N Moyo)
To The Registrar
High Court
Harare
And to The Attorney General’s Office
New Government Complex
Samora Machel Ave & Fourth Street
Harare
And to The President of the Republic of Zimbabwe
Munhumutapa Building
Samora Machel Ave
Harare
And to The Prime Minister of the Republic of Zimbabwe
Munhumutapa Building
Samora Machel Ave
Harare
And to Saviour Kasukuwere,
c\o Ministry of Youth Development,
Indigenisation and Empowerment
Mukwati Building
Cnr Fourth Street & Livingstone Avenue
Harare.
And to Joseph Made
c\o Ministry of Agriculture
Mechanisation and Irrigation
Ngungunyana Building
1 Borrowdale Road
Harare.
And to Walter Mzembi
c\o Ministry of Tourism and
Hospitality Industry
Tourism House
Samora Machel Av & Julius Nyerere Way
Harare.
And to Flora Bhuka
c\o Ministry of State in the Vice President’s Office
Munhumutapa Building
Samora Machel Avenue
Harare.
And to Sylvester Nguni
c\o Ministry of State in the Vice President’s Office
Munhumutapa Building
Samora Machel Ave
Harare.
And to Henry Madzorera
c\o Ministry of Health and Child Welfare
Kaguvi Building
Central Avenue and Forth Street
Harare.
And to Giles Mutsekwa
c\o Ministry of Home Affairs
Mukwati Building
Fourth Street & Livingstone Avenue
Harare.
And to Sekai Holland
c\o Ministry of State in the Prime Minister’s Office
Munhumutapa Building
Samora Machel Avenue
Harare.