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- may peace, truth and justice prevail.

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Chipinge Police Arrest MDC Officials, Impound Vehicles

The Daily News (Harare)
May 17, 2002
Posted to the web May 16, 2002
Brian Mangwende

POLICE in Chipinge South have arrested four MDC members, including three
senior officials of the party in Manicaland and impounded two vehicles that
were carrying supporters to a rally at Chibuwe Stadium.
The four are Pishai Muchauraya, the MDC spokesman in Manicaland, Christine
Chishakwa, the provincial chairperson, Elliot Anahu, and Hardmore Chimoko.
Muchauraya was arrested at a roadblock at Mwacheta after he allegedly
questioned a policeman about his conduct when he stopped an MDC truck
ferrying supporters to the stadium.
He was taken to Middle Sabi Police Station. By late yesterday, Muchauraya,
Anahu and Chimoko were still in police custody.
Police at the station refused to comment and referred all questions to Wayne
Bvudzijena, the police spokesperson, who could not be reached for comment
Bvudzijena regularly refuses to entertain questions from The Daily News. The
MDC district youth chairman, Parudzai Manyerenyere, who was with Muchauraya
at the time of the arrest, said the party had received a report about the
arrest and the vehicles that had been impounded.
The police said Anahu had a knife which was confiscated. Chishakwa was
arrested on Sunday but released on Tuesday without charges being preferred.
She said the police accused her of organising an illegal rally but released
her two days later.
In a bid to frustrate MDC supporters and to stop them from attending the
rally, the police yesterday mounted two roadblocks about 30km apart, along
the Chiredzi road.
Plainclothes policemen took down the registration numbers of vehicles as
they drove past the roadblocks.
Asked whether this was normal practice, a police officer who refused to be
identified said it was an instruction from his superiors.
But despite this, about 10 000 people thronged the stadium to hear the MDC
leader, Morgan Tsvangirai, speak.
Tsvangirai reiterated the need for a rerun of the presidential election,
saying the 9-11 March poll was not free and fair.
To an enthusiastic crowd, Tsvangirai said: " I do not believe Mugabe won the
presidential election freely and fairly. At most, he won about 900 000
votes. If he challenges me, let's go for a rerun."

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State Asks Private Sector to Help Provide Infrastructure, Services

The Daily News (Harare)
May 17, 2002
Posted to the web May 16, 2002
Ngoni Chanakira

The government is alleged to have revisited its Public/Private Sector
Partnerships (PPP) policy first introduced four years ago, seeking the
private sector's help in the provision of infrastructure and other public
The policy was first introduced in 1998. The move comes at a time when the
government and the private sector are engaged in discussions about the best
economic way forward.
The government claims most industrialists are sympathetic to the major
opposition, the MDC and are sabotaging the economy by closing factories and
sending workers home willy-nilly.
On the other hand, industrialists counter-claim that the Zanu PF government
is not addressing their woes and is, instead, spending more time tackling
political issues and settling political scores while the economy bleeds.
In a major turn of events last month, the Ministry of Finance and Economic
Development is understood to have asked the business community to help
rebuild the nation's economy by reverting back to the PPP to salvage it from
crumbling. Zimbabwe is fraught with billion-dollar debts, high and soaring
inflation, more than 55 percent unemployment, as well as a collapsing health
The government is alleged to have asked co-operation from the business
sector to ensure adequate, reliable and economical supplies of basic
infrastructure such as electricity, telecommunications, transport, water,
schools and hospitals, all crucial to economic growth and development.
A banking industry source said the government and parastatals, which
traditionally supplied these services, had now found it increasingly
difficult to meet the growing demands both in terms of quality and quantity
due to fiscal and capacity constraints.
He said it was against this background that the government decided to
involve the private sector to augment its efforts in the provision of the
public goods.
The government says the advantages of reverting to the PPP will be a
reduction of fiscal pressure through sharing the burden of building
infrastructure and other development projects, increasing efficiency in
investment, and promotion of access to modern technology, skills and
expertise, which are required to run large and complex enterprises in a
commercial manner.
The government also believes this could enhance economic empowerment of
indigenous people through promoting indigenous entrepreneurs, as well as
promoting the use of local resources in the country's development.
The Discount Company of Zimbabwe Limited, in its analysis of the situation,
said: " . . . the fact that the programme was launched in 1998 and four
years down the line no significant progress has taken place shows that
something is amiss in the PPP policy matrix.
From a private sector point of view the major issue is that of lack of
confidence in government's commitment to implementing policies designed to
put the economy of Zimbabwe back on a sustainable economic path."

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Daily News

ESC member resigns over poll

5/17/02 8:04:27 AM (GMT +2)

From Our Correspondent in Bulawayo
A MEMBER of the four-person Electoral Supervisory Commission (ESC),
appointed by President Mugabe, has resigned because of differences over the
fairness and conduct of the 9-11 March presidential election won
controversially by Mugabe.

Yesterday, Richard Majwabu-Moyo, a lawyer in Bulawayo, told The Daily News
he had sent his letter of resignation from the ESC to the chairman, Sobusa
Gula-Ndebele, who is a lawyer and war veteran.

But Gula-Ndebele insisted yesterday there were no differences among the

"As far as I know, there is no commissioner who has resigned," Gula-Ndebele
said. But Majwabu-Moyo insisted he sent his resignation letter to

"I'm no longer a member of the commission," said Majwabu-Moyo. "I resigned
on 8 April after I felt that I was not comfortable being a member of the

He said he resigned after the election and dissociated himself from the ESC'
s positive report on the conduct of the poll.

But he declined to disclose why he felt uneasy with being associated any
longer with the ESC and referred all questions to Gula-Ndebele, who insisted
Majwabu-Moyo had not resigned.

Majwabu-Moyo was appointed to the commission by Mugabe in 1998. The
remaining members of the ESC are the chairman, Gula-Ndebele, Chief Albert
Bepura and Joyce Kazembe.

The three submitted a report to Mugabe in which they said the election was
held in very difficult economic, social and political conditions".

The report said: "There existed requisite conditions for the free expression
of the will of the Zimbabwe electorate and the poll result is a reflection
of political trends and the will of the Zimbabwe electorate."

This conclusion is in direct contradiction to the "very difficult economic,
social and political conditions" stated in the report's introduction.

The report mentions a number of other issues which led the international
community, including some African countries, to condemn the election as
flawed, saying the results were not an expression of the free will of the
people of Zimbabwe.

Investigations by The Daily News revealed that the conduct of the poll had
displeased Majwabu-Moyo.

Though the ESC's figures on the election results tallied with those
announced by Tobaiwa Mudede, the registrar-general, there was a discrepancy
of more than 400 000 votes on a constituency-by-constituency count.

A Daily News story on the difference in the figures resulted in the arrest
of the paper's Editor-in-Chief, Geoff Nyarota, under the new draconian
Access to Information and Protection of Privacy Act.

Nyarota was charged of abusing journalistic privilege by allegedly
publishing "falsehoods".

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Daily News

      13 Chitungwiza council seats fall vacant

      5/17/02 8:30:09 AM (GMT +2)

      By Sam Munyavi

      Thirteen Chitungwiza Town Council seats, 12 of them held by Zanu PF,
have fallen vacant after the councillors failed to attend at least two
consecutive ordinary council and council committee meetings without
permission from the council.

      On 8 May, Simba Mudunge, the town clerk, wrote to each of the
individuals affected pointing out that in terms of Section 78 (2) (d) of the
Urban Councils Act they were no longer councillors.

      The Act requires councillors to seek the leave of the council to be
absent from council meetings during a period of two consecutive calendar

      Ten of the councillors are: Tsitsi Jadagu, Clarkson Mandizvidza,
Lazarus Mhurushomana, Elias Chingoka, Philemon Chipiyo, Ben Mubayi, C
Rambanapasi, T Macheri, B Chivanga and B Samungare.

      The names of the other three could not be established yesterday.
Chitungwiza has 25 council seats, including that of the executive mayor.

      Chipiyo was elected as an independent. Quoting Section 78 (2) (d) of
the Act, Mudunge wrote: "This means that your seat as a councillor has
fallen vacant.

      However, if you give good and convincing reasons why you were absent .
. . the case will be tabled before council for consideration."

      He asked each councillor to respond by Monday this week. Yesterday,
Misheck Shoko, the executive mayor, said: "Most of them had responded by

      He could not give further details as he said he was still to be
briefed by Mudunge because of a busy schedule on Tuesday and yesterday.

      Section 78 (3) of the Act, however, allows the council to apply to the
Minister of Local Government, Public Works and National Housing for a
councillor's reinstatement.

      The dismissal of the councillors follows a High Court application by
Simon Mapengo, the Chitungwiza stores controller, who, together with Maxwell
Dzvete, his deputy, were dismissed in May last year after building materials
worth $271 526,57 went missing from the council's central stores some time
in 2000.

      Mapengo maintains he was not to blame as he was away from work when
the materials went missing. Dzvete did not challenge his dismissal.

      In his court application on 20 March 2002, Mapengo said the meeting
that resolved to dismiss him was not properly constituted because some of
the councillors had already lost their seats and their decision was,
therefore, null and void.

      Scanlen and Holderness, the council's lawyers, wrote to Mudunge on 11
April 2002 recommending Mapengo's reinstatement.

      They said his High Court application was likely to succeed. The
lawyers said: "To save itself from embarrassment and unnecessary legal
costs, we advise the municipality to reinstate Simon Mapengo without loss of
salary and benefits."

      Mapengo would then withdraw his court application, the lawyers said.
Last month, three Chegutu councillors were fired for failing to attend
council meetings for two consecutive months.
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Daily News

      Hundreds stuck at RG's office

      5/17/02 8:32:21 AM (GMT +2)

      Staff Reporter

      PEOPLE applying for birth certificates at the Registrar-General (RG)'s
Makombe Building offices in Harare are bitter at the slow pace at which the
staff are working.

      Hundreds applying for passports, birth and death certificates and
national identity cards endure long hours in the queues. Some spend the
night at the offices in order to be among the first the next morning.

      Mavis Makuwaro of Mbare said this week: "I slept here in the open
because I wanted to be the first person to be served but it seems I will
have to come again tomorrow."

      She has been going to Makombe Building for some time after she lost
her son's birth certificate.

      "My son is in Grade Seven and he cannot write the examinations without
his birth certificate," Makuwaro said.

      James Mamvura from Highfield was in a similar predicament. He said:
"We're now paying people to stand in the queue for us. I really wonder what'
s happening to our country. You cannot obtain a passport or a birth
certificate without these hassles."

      The passport office is apparently not adequately computerised.
Ordinary passports, which cost $600, are processed in seven months on

      Emergency passports were suspended last year at the height of the mass
exodus to the United Kingdom the and United States by health personnel.

      Nurses, medical doctors, pharmacists, teachers and social workers are
emigrating to South Africa, the US, the UK and other countries where working
conditions are better compared to Zimbabwe.

      Efforts to get comment from the RG's office this week were
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Daily News

      Refugees back to farms

      5/17/02 8:43:28 AM (GMT +2)

      Staff Reporter

      The police on Tuesday took 37 of the 40 farm workers and their
dependents at the Cleveland Dam camp site near Mabvuku back to farms in
Marondera and Hwedza from which they were evicted by farm invaders last

      The last three were waiting to be fetched by their employer. James
Chivirugu,18, said: "Our employer came here yesterday and said he would come
and fetch us today." Chivirugu was apprehensive about going back to the

      He said: "I am not sure what the situation is like out there. We might
end up living in the bush again."

      Those returned to the farms over the past three days were chased away
by the invaders, mostly Zanu PF supporters.

      The invaders accused the workers of continuing to work for the
commercial farmers who, as a result, refused to leave their farms.

      On Sunday, the riot police descended on the farm workers at the
Coronation Park campsite in Msasa and at Cleveland Dam. They took some of
them back to the farms the same day.

      Those remaining at Coronation Park were cleared on Monday. There were
about 270 workers and their dependents at the two sites.

      The farm workers and their families were brought to Harare by the
farmers after being violently evicted the Zanu PF supporters.

      Most of them left their possessions at the farms as they fled, and
their property was either stolen or destroyed by the attackers.

      Reports from Marondera on Monday said the workers taken to the farms
on Sunday had met a hostile reception and had fled into the bush.
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Daily News - leader page

      Zanu PF is the greatest threat to our sovereignty

      5/17/02 9:29:43 AM (GMT +2)

      THE Nigerians say if you bring ant-ridden faggots do not complain if
lizards pay you a visit. Likewise, rather than being a result of colonial
ills, the crisis that has befallen Zimbabwe is a direct consequence of Zanu
PF's errant policies and the resultant problems should be blamed on the
party and its leadership.

      While the ruling party is apportioning blame on everyone else except
itself, we must not be fooled because the most lethal and clear threat to
Zimbabwe's national sovereignty emanates from within this country.
Specifically, Zanu PF is the greatest such threat.

      The gobbledygook the Zanu PF leadership has hatched and from which the
public media have invented a chorus about and against the West, in
particular Britain and Tony Blair specifically, as being the prime, if not
sole, cause of our quagmire is unfortunate.

      Only superficial observers and the lily-livered can believe the
fallacy that Britain and the United States pose a clear and present danger
to our national sovereignty at the moment. The truth is that the two
countries are a threat to Zanu PF. This is different from threatening the
sovereignty of Zimbabwe because Zanu PF is not Zimbabwe and Zimbabwe is not
Zanu PF.

      If sovereignty means the existence of political power within a given
territory, which is exercised through the functions of the state, then there
is no reason why we should be pointing at other countries.

      However, states need legitimation for the effective exercise of the
authority in the territory in which they have jurisdiction.

      Zanu PF does not pass the test of a party and government that has the
legitimacy to rule this country and from the way in which they are running
this country, it is clear that they know it and they don't care.

      As better minds in political science put it, a regime that has
maintained order, provided important services, kept the people out of war or
did not lose one, preserved individual security and rights, and allocated
resources evenly or generously will be accepted, respected and supported by

      This is the essence of popular sovereignty, which means authority
derived from the fact that the people who are governed identify and feel
that those who govern satisfy their needs. This is necessary for the
stability of a country. It also enhances the image of the country among
global stakeholders, whether African or European.

      A country cannot be seen as legitimate among so-called African
brothers only.

      The sovereignty of any nation and the legitimacy of its government is
guaranteed by engaging with civil society in building national consensus
through processes of consultation and participation.

      However, when all has been said and done, the greatest and
indispensable guarantee of legitimacy is effective performance in managing
the national economy. When a government, which is the visible form of the
state, fails to achieve some or all of these functions effectively, then its
sovereignty is at stake. Elections are there for the people to renew or
terminate the mandate of governments that satisfy or do not satisfy the
general happiness of the governed.

      The Zanu PF government has been on a consistent and unchecked
progression to a total disrespect of all these functions and this is the
cause for the malaise in which we find ourselves. In short, Zanu PF cannot
and has become incapable of guaranteeing our national sovereignty.

      Rather than constitutionalise authority, Zanu PF has personalised and
privatised it in the Presidency.

      Zanu PF made most of the amendments to the Constitution, which have
created a demagogue of a President. This has lumped Parliament, the
Judiciary and the Presidency into one edifice, which cannot serve the
interests of the people.

      Even the Lancaster House Constitution with all its imperfections made
a better reading in that respect. That is why President Mugabe has to use
the police, the army and the secret service to enforce obedience when it is
clear that his authority has evaporated and only exists among his cronies
who are benefiting from the corruption that is going on in this country. It
is also a sign of how scared the President is of his own people.

      While the health delivery system is collapsing, the President is
channelling millions of dollars to a dubious "National Youth Service", just
to protect himself from the people he is supposed to be leading. For all the
hype and pomp of being re-elected, the President has not appointed his
Cabinet some two months after "winning" a disputed poll.

      This surely should be a sign of the confidence he has in the mandate
that he was given by the people.

      If the President has so much confidence and won the election fairly
and squarely, then why is he seeking this thing called "unity" with the MDC?
As the Minister of State for Information and Publicity, Jonathan Moyo, put
it, Zanu PF is a "confident party with confident policies", so what is the

      The reason why Zanu PF is in the talks is because they know that the
election was neither free nor fair and they want legitimacy derived from
talks and not from the people. It is also because Zanu PF has realised that
they do not have a legitimacy of their own derived from the people. That is
why the party, through its ministers and its media, has not stopped telling
the nation that the election was endorsed by the Southern African
Development Community, Cuba, China and a few other African states.

      In any case, who has heard any statement by Presidents Thabo Mbeki or
      Olusegun Obasanjo saying the election was free and fair?

      Never mind the outward macho stunts being performed by the unelected
Moyo, in reality, the king is scared of his subjects.

      Alliances between governments and civic groups based on principle and
not allegiance are a way of legitimatising authority. Zanu PF has
increasingly become paranoid of any form of dissent or criticism. The result
has been the harassment of civic organisations, non-governmental
organisations and the media.

      These are actions of a government that has lost confidence in itself
to deal with problems afflicting the people and would rather they be
silenced, or even eliminated. As a result, the Zimbabwe Congress of Trade
Unions and the National Constitutional Assembly have been viewed as having
political agendas or as being funded by foreign donors seeking to undermine
the government. This is a convenient explanation because government is
protecting none of the rights that these organisations are crying for

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      Agency says 3 million may starve by next month

      Staff Reporter
      5/16/02 9:41:11 PM (GMT +2)

      THE United Nations' World Food Programme (WFP) yesterday said it was
reassessing the food aid needs of Zimbabwe as another international agency
warned that three million Zimbabweans could be at risk of starvation by next

      "There was an assessment done in September-October last year and we
are currently doing an update of that assessment," WFP's Zimbabwe
representative Kevin Farrell told the Financial Gazette.

      "We haven't completed that yet."
      The UN agency's initial assessments identified about 557 751 people in
need of food aid in the provinces of Manicaland, Mashonaland West, Masvingo,
Matabeleland North and South as well as in the Midlands.

      The WFP last year made an appeal for 120 000 tonnes of food and has
received pledges from donors amounting to slightly more than half of that,
up from one-third. The food is expected in the country in the next three to
four months.
      Farrell would not disclose whether his organisation's reassessment
would result in an increase in the number of people deemed to be in need of
food aid or the amount of assistance needed.

      He however said the assessment was likely to be complete in the next
two weeks and that the WFP was also involved in preliminary discussions
about the possibility of extending its one-year programme in Zimbabwe, which
is due to end in November.

      "At the moment, we are in preliminary discussions about the
possibility of an extension that would in effect take it on until after the
next harvest," he said. "But this is still at discussion stage."

      A WFP spokeswoman said in Johannesburg this week that assessments were
also taking place in Malawi, Zambia, Lesotho, Mozambique and Swaziland, with
Malawi, Zambia and Zimbabwe being regarded as the most critical countries.

      The assessments have been undertaken ahead of a meeting of aid
agencies and southern African governments due to take place in South Africa
next month and come amid fears that the food crisis could be worsened by a
drought induced by the El Nino weather phenomenon.

      In Zimbabwe, the United States-based Famine Early Warnings Systems
Network (FEWSNET) has just issued a report which estimates that as many as
three million Zimbabweans could be among the "food insecure population" by
      But analysts and the opposition Movement for Democratic Change (MDC)
say such estimates could be an underestimate because of the increasing
number of Zimbabweans facing starvation who might not be covered by
programmes such as those run by WFP.

      The WFP is targeting special groups such as female-headed households,
the terminally ill who have no means of support, the widowed, orphans, the
elderly and handicapped and those with no or low food harvest.
      But a rising number of people, especially in the urban areas, are
increasingly unable to feed themselves and their families because of loss of
income or the rising cost of living.

      "Three million is probably a conservative estimate," the MDC's
economic affairs secretary Eddie Cross said yesterday. "If you look at areas
that have no crop at all, we are probably talking about half the rural
      "In the urban areas, many people are living on bread and we are
running out of wheat. By the end of July, wheat stocks will definitely be
exhausted and when that happens, the whole caboodle will come down.

      There are 14 000 workers in the baking industry and 3 000 in milling
who might be without jobs. It's a very serious situation."
      Aid agencies and analysts say the situation is being compounded by
food shortages and high prices, which are threatening some of their food
      Richard Miller, the regional representative of the Catholic aid agency
CAFOD, said in a statement: "We have been providing supplementary feeding
for 100 000 very vulnerable children in schools in rural areas for the past
six months, but the food supplies are running out. In some areas, we only
have 10 days' worth of food left.

      "We are having difficulties finding food to buy as it has become
scarce and the prices have soared - the price of the porridge we give to the
children has gone up by 300 percent. We have some time on our side, but we
need to plan now for the crisis that is looming later in the year."
      In its Zimbabwe Humanitarian Situation Report, FEWSNET estimated that
Zimbabwe needed to mobilise US$345 million ($19 billion) to import 1.3 to
1.4 million metric tonnes of maize to meet the 2002/03 consumption
requirements at a time when it is facing acute foreign currency shortages.
      Other constraints would be logistical and transport problems and a
"slow response to the UN humanitarian appeal".

      Farrell however said although the WFP was still lobbying for more
assistance from donors, the organisation, which is distributing maize meal,
beans and cooking oil, had enough stocks to keep it going.
      "Whereas the need is still very great, I would like to recognise the
support we have received from a number of donors who have been extremely
generous," he said.

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      Police quiz human rights official

      Staff Reporter
      5/16/02 9:44:31 PM (GMT +2)

      BULAWAYO - Police on Tuesday questioned an employee of Transparency
International Zimbabwe (TIZ) over a meeting the anti-corruption group held
in the city to discuss Zimbabwe's disputed presidential election, it was
established yesterday.

      Daniel Molokela, a human rights lawyer employed by TIZ as a programme
officer at its Bulawayo office, was held at the Bulawayo Central Police for
about an hour.

      Molokela said yesterday police wanted him to submit a report on what
transpired at the post-election discussion held by TIZ at a local hotel here
two weeks ago.
      "I was interrogated over a meeting we held on May 2, which was a
post-mortem of the March presidential polls. The discussions on that day
centred on issues of transparency in the election process and the police
feel that some people who spoke at the meeting were in violation of POSA so
they want a report from me," Molokela said.

      POSA is the short-hand for the Public Order and Security Act, which
the government rushed through Parliament last year ahead of the presidential
vote, controversially won by President Robert Mugabe.

      Critics say the law is being used by police to clamp down on dissent
and all protests except those staged by ruling ZANU PF supporters.
      Molokela said police were particularly concerned about a speech made
at the meeting by Nkululeko Sibanda, leader of the Zimbabwe National
Students' Association (ZINASU).

      "The police say Nkululeko violated POSA during the meeting by
allegedly attacking the government and the person of the President. They
want a report tomorrow (Friday). He (Nkululeko) spoke on that day but I am
not sure if he was in violation of that law."

      Sibanda was arrested by police last week over statements he made at
this year's May Day celebrations in Bulawayo, where he criticised what he
said was the government's insensitivity to the plight of college and
university students.
      He was released three days later after the intervention of his
lawyers. Police say he will be taken to court soon apparently over his
remarks at the May Day rally.

      Lucas Nkomo, the lawyer representing Molokela, said police had assured
him that Molokela had no case to answer and that his interrogation was meant
to assist them in pressing charges against the ZINASU leader and other
unspecified people.
      "The police say they want to charge some individuals who attended the
meeting. They detained my client because they say as the organiser of that
particular meeting, he should give them a full report of what transpired,"
Nkomo said.
      Police said Molokela's interrogation was a routine investigation but
gave no other details.

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      Mugabe regains confidence but seen vulnerable

      By Cris Chinaka
      5/16/02 9:54:04 PM (GMT +2)

      A DECISION by Zimbabwe's ruling party to postpone talks with the main
opposition movement is a sign that President Robert Mugabe is regaining his
political confidence after his controversial re-election, analysts say.

      But Mugabe's ZANU PF government remains vulnerable to international
pressure as it battles severe food shortages in the southern African state.

      He could yet be dragged back to the negotiating table to ease
post-election tension, they said.
      ZANU PF announced at the weekend that it had cancelled further talks
with the opposition Movement for Democratic Change (MDC) until the courts
ruled on an MDC challenge to Mugabe's declared victory in the March 9-11
presidential elections.

      South Africa and Nigeria, Africa's most powerful countries, who have
been mediating the inter-party dialogue, have been applying intense pressure
to bring the ruling party back to the talks, the analysts said.

      MDC leader Morgan Tsvangirai, who has emerged as Mugabe's biggest
threat since the 78-year-old former guerrilla came to power 22 years ago,
says the elections were rigged.

      The March poll was condemned as fraudulent by key Western powers,
including the European Union and the United States, southern African
parliamentarians and the Commonwealth, which suspended Zimbabwe. Some
African governments and the Organisation of African Unity endorsed Mugabe's
60-40 victory and South African observers called the polls "legitimate".

      Mugabe's party insists the veteran leader won fairly and has rejected
opposition calls for a re-run.
      ZANU PF said its talks with the MDC - which were due to resume on
Monday after a brief session last month - would not be useful in a political
environment "poisoned by the MDC's continuous lies" over ZANU PF's alleged
campaign of violence against MDC activists.

      Professor Heneri Dzinotyiwei, a political analyst at the University of
Zimbabwe, said ZANU PF's decision to suspend talks with the MDC underlined
its growing political confidence and its scepticism over the utility of the
      "What we are looking at is an important political statement from ZANU
PF saying that ZANU PF has little to gain from these talks...," said
Dzinotyiwei, chairman of political pressure group Zimbabwe Integrated
Programme (ZIP).

      "ZANU PF is saying that it is confident that it has the ability to
defend its political position at home and on the international diplomatic
stage," he said.
      But other political analysts said ZANU PF remains vulnerable to
foreign pressure.

      Brian Raftopoulos, an associate professor at the Zimbabwe Institute of
Development Studies, said Nigeria and South Africa had the muscle to pull
ZANU PF back to negotiations.

      "The Zimbabwe economy is in a very serious crisis and needs outside
help, and Zimbabwe has a very, very serious food shortage which can only be
alleviated with the assistance of the international community," Raftopoulos
      "If ZANU PF gets back into the talks it will be for public relations
purposes because in its view these talks are doomed to fail," he added.

      South Africa has mostly adopted a policy of quiet diplomacy towards
its troublesome northern neighbour. Remarks by Defence Minister Mosiuoa
Lekota last week suggested there was a cabinet split over that policy. "The
government of Zimbabwe would not listen to us. We asked them to stop the
looting of farms and not to follow the route of lawlessness but we failed,"
he said.

      Early this week he made clear that view was his own, not the
      The Zimbabwe government was gloating this week that Mugabe, who has
been slapped with travel sanctions by the United States and the EU, managed
to go to New York last week for a United Nations children's conference
without any incident.

      Zimbabwe's official Herald newspaper quoted Foreign Minister Stan
Mudenge as saying that Mugabe's UN trip, through France, proved that the
"smart sanctions" against Mugabe and his political and business associates
had failed.
      Mudenge said the trip demonstrated the world recognised Mugabe's
leadership of the former Rhodesia, which he has ruled since it gained
independence from Britain in 1980.

      "We wanted to demonstrate that the sanctions will not stop us from
carrying out our diplomatic functions ... that our international intercourse
is not affected by sanctions," he said. The United States does not normally
prevent visits to UN headquarters, which is not US territory.

      In an editorial entitled "(ZANU PF/MDC) Talks were doomed to fail,"
the Herald said while Zimbabwe welcomed Nigeria and South Africa's good
faith in trying to restart talks, the talks would be useless and there was
no crisis over Zimbabwe's leadership.

      "Zimbabwe is no longer an international issue except in the minds of
the MDC and its blind supporters," it said. - Reuter

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                  Where is the God of justice?

                  Tim Neill
                  5/16/02 8:44:27 PM (GMT +2)

                  IN Zimbabwe today all sorts of people are angry and
confused, especially those in the Christian community who have held to a
hope that God would somehow come through and deliver this dear land from the
present madness.

                  People don't and can't sense what has been and is
happening. There is a perplexity, a real disorientation between faith in the
goodness of the Almighty God and the horrors of life in Zimbabwe.

                  The whole nation is being shaken, stable communities are
being uprooted and irreversibly broken up.

                  For example, some of the latest figures from the
Commercial Farmers' Union are of 250 farmers driven off their farms. At the
average of 40 farm worker families per farm, that means 10 000 families
directly affected and some 50 000 people all drift in the raging waters of
uncertainty - if not all sorts of awful and degrading ignominies.

                  The scale of the suffering that is coming with the
continuing land acquisitions and the spectre of famine is going to be
absolutely horrendous. Without a change of government this nation will be
drinking a cup of very great bitterness that defies comprehension.

                  Even Christian leaders are struggling to make sense of God
while many say something like this . . . "I don't understand God. I don't
know what God is doing."

                  The Old Testament Book of Malachi (Malachi 2 vs17) speaks
of God being wearied by the people saying: "Where is God of justice?"

                  Why was God wearied by the question? Things were wrong in
the society, big things that needed to be sorted out remained unchallenged.

                  It is God's world. He should surely act. And the God of
justice appeared unmoved.

                  What's going on? Where is the God of justice? they asked
often, and it wearied God. Why?

                  Your first three chapters of the Bible are most important
for understanding our world, ourselves as human beings in the world and the
contradictions and pain of life.

                  Adam was put in the garden of Eden. God gave Adam a work
to do in the garden. He had to work it and care for it.

                  To be human is to be responsible for looking after this
world. Even in close fellowship with God, Adam may have prayed about the
trees that needed to be pruned or the weeds that needed to be pulled. But he
had to do the pruning and weeding, the watering and the planting of new

                  God would do his bit - sending the rain, making the sun
rise, changing the seasons and the like.

                  But we have to take care of our world.

                  Back to the time of the prophet Malachi. They wanted God's
justice but settled down with a society marked by sorcery, widespread
divorce, robbery, oppression of the poor and the alien, adultery and
perjury. And looked for God.

                  They wanted God to weed. To prune, to plant.

                  Don't get me wrong. God is a God of justice. God does come
to the aid of people who cry out to him, who look to him. But he is not
going to do the gardening. He is not going to let us get away with
delegating upwards.

                  The book of Malachi is the last book in the Old Testament
and is a book full of hope and promises about a coming future. But it is
also a serious call to Israel to be honest about the nation, to repent and
to take responsibility for the society in which the people of Israel lived.

                  The people have to play their part. The God of justice
works through people. He adds his blessing to the work of our hands but we
must work honestly and well.

                  What of us in Zimbabwe? Do we on one hand pray and call
out to God for justice while accepting a government that is illegitimate?

                  Morgan Tsvangirai won the election. They cheated but he
won. The present regime is an illegemate regime and that is non-negotiable.

                  But all sorts of Christians in this post-election period
are praying for justice but being dishonest. No wonder that God does not

                  Let us be very clear. Whenever anyone is dealing with the
central government we are dealing with an illegitimate regime. That is not
true of local government.

                  We must get in on the table as fast as we can as Christian
people and as responsible stewards of God's world.

                  The reality is that the man in the State House is there
not by the will of the majority of the people of Zimbabwe. That is a
fundamental that the God of Truth and Justice looks for because it arises
from an uncompromising desire for justice.

                  To those who are asking where the God of justice is comes
back the question: "What are you doing in the garden because I, God, am not
going to do the gardening for you? That's your job."

                  In the garden of Zimbabwe we are being overwhelmed by the
scale of the problems facing us. If you like, there is an awful lot of
weeding to do. So we have to find ways of working together.

                  Businessmen faced with paying taxes cannot work alone. An
individual response is too weak against the illegitimate regime. One man
cannot take on this Goliath of evil in our land because there are many

                  We have to make collective responses and to actively seek
out ways of collectively working together to get the garden sorted out.

                  The God of justice will quickly come to a nation honest
about itself. And save it.

                  lProvincial Canon Tim Neill is a former vicar-general of
the Anglican Church's diocese of Harare.

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      The fight requires NCA, MDC, labour to unite

      Takura Zhangazha
      5/16/02 8:45:30 PM (GMT +2)

      THE opposition forces in this country are defined mainly by three
organisations, namely the Zimbabwe Congress of Trade Unions (ZCTU), the
National Constitutional Assembly (NCA) and the Movement for Democratic
Change (MDC).

      These organisations have always been strongly linked and are
invariably part of the political force that has more than ruffled the
feathers of the ZANU PF government that is in charge of the country at

      In the stalemate that is currently characterising Zimbabwe's political
theatre, there have been somewhat sporadic attempts by these related
organisations to try to put the government under pressure to accept the
necessity of democratic reforms in order for the country to move forward.
These sporadic attempts have come from the ZCTU and the NCA, with some form
of backing from the MDC.

      The issue that has now emerged from these attempts is that the
official opposition MDC must now also begin to take centre stage in carrying
out activities that seek to raise the costs of the ZANU PF regime and also
show "people power".

      Moreover, the talk has floated around the idea that the NCA, ZCTU and
the MDC must now make an obvious attempt to come together formally and
effect programmes that lead to the promulgation of a new constitution as
well as an election re-run. These two agendas are reasonable translations of
the general anger and frustrations that the ordinary people are feeling
about the May 2002 presidential election.

      But the mechanism of bringing about these goals is the more difficult
question. More significantly, how should an alliance of the three strongest
bodies in the country work in order to achieve these goals? Will the
alliance not face the risk of swallowing previous individual agendas of the
organisations and thus confuse the public? These are all very important
questions that I shall attempt to give answers to in this discourse.

      Questions will be raised over the primacy of the constitutional agenda
over that of an election re-run and this might be seen to be the first
stumbling block to such an alliance.

      The MDC has already stated at its rallies that it wants nothing short
of an election re-run from the current political impasse with the
government, while the NCA has given an absolute position that the way
forward is the re-writing of the constitution.

      The ZCTU has shown support for both the election re-run and
constitutional agenda but has however been less assertive about this
position for reasons yet to be disclosed.

      However, the three bodies can combine both agendas with ease. The
election re-run agenda feeds into the constitutional agenda with so much
ease that it does not have to be a separate agenda. The constitutional
agenda not only augments the election re-run campaign but gives it a wider
appeal. This is because it seeks to ensure that the election will not simply
be technical but also that there would be democratic constitutional change
along with the poll.

      In addition, there will be sufficient constitutional mechanisms to
ensure that the election is free and fair. There would be no clamouring for
the United Nations to run the election on behalf of the Zimbabwean people.

      So, in terms of the agenda that would be the focus of the alliance, it
is clear that there should be no problem.

      However, there might be problems that will arise in relation to the
leadership of the alliance.

      The three organisations might not be keen to assume that they can be
construed as equal players in the struggle. One organisation might feel it
is more politically relevant and more suited to make the guiding principle
of the alliance a reality and therefore will only be participating out of
token commitment to a united effort.

      To prevent this form happening, the alliance will have to come up with
a technical structure that will govern the alliance. This technical arm can
be given whatever term the organisations deem fit but must comprise the top
leadership of the three organisations, at least at secretary-general level.

      It will serve as the primary policy body and will determine the form
of action to be taken by the alliance at any given time. It will also
coordinate with interested civic organisations with regards to the role they
can play in the quest to attain the ambitions of the alliance.

      In terms of the activity of the normal day-to-day business of the
different organisations, there should be no interference except when it
comes to organising protests and key decisions that seek to confront the
current government.

      The chairpersonship of this organ should be on a rotational basis,
with each organisation taking the top post for a month to prevent a
situation where one organisation always has to take the extra responsibility
of bringing everyone together.

      Press statements and any other such public announcements should be
made jointly or through jointly signed documents. In the event that one
organisation wants to pull out of the alliance and in effect does so, the
alliance must disband and the organisations must go about their business as

      The alliance must also give itself a lifespan in which it feels it can
achieve these goals. And in the event that the desired results are not
achieved in that lifespan, there must be room for reassessment with the sole
aim of carrying on with the struggle.

      The formation of this alliance will not be without reactions from the
government. The initial reaction will be to brand the NCA and the ZCTU as
all along having been "arms of the MDC", a thing that will not be new to the
Zimbabwean populace.

      The other reaction will be the almost immediate arrest of the main
leaders of the alliance before any activity even begins to take place in
earnest on the basis of plotting to overthrow the sitting government of

      The regional community will adopt a wait-and-see attitude. In the
event that the alliance cannot show "people power", states like South Africa
will maintain their relatively quiet stance while the rest will see the
current government as always having had the people of Zimbabwe on its side.

      The alliance will show its tenacity and relevance in Zimbabwe in the
manner in which it will relate to all of these attacks on its existence.
Simultaneously the alliance will be able to learn from the South African
urban political movement experience where the United Democratic Front served
as an all-important rallying point for the people of South Africa in spite
of detentions and state propaganda.

      The alliance will be misinterpreted by some to be a political party
that seeks to assume ascendancy over the MDC and other opposition parties.
This perception will be short-lived on the basis of the activities that the
alliance will undertake in terms of its founding principles.

      Overall, the importance and necessity for such an alliance cannot be
understated. It is an ostensible way forward to make sure the struggle for
democracy in Zimbabwe is at the fingertips of our citizens.

      By virtue of its existence, the alliance will mobilise Zimbabwean
urban masses around a cause that they will see as coherent and far-reaching.
The rural populace will join in by default, that is, after seeing the effect
that the alliance will have had on the political setup that is in the

      This united front will also allow people to realise the importance of
democracy in Zimbabwe and that the latter is a principle that is worth
sacrificing for.

      lTakura Zhangazha is an advocacy officer with the Media Institute of
Southern Africa.
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Tomorrow afternoon (Thurs - 16 May), Euro-MPs will hold an emergency debate
in Strasbourg on the worsening crisis in Zimbabwe.  With 626 members, the
European Parliament represents political parties from across all fifteen
European Union Member States and takes a close interest in the EU's
relations with developing nations.

This afternoon (Wed - 15/5), Geoffrey Van Orden MEP - Vice Chairman of
Parliament's Foreign Affairs Committee - tabled on behalf of the 233-strong
EPP-ED Group - the largest in Parliament - a strongly-worded Resolution on
Zimbabwe [please see full text below] which will form the basis for
Thursday's (16/5) key debate.

The Resolution looks set to receive support from all other Political Groups
in the European Parliament when MEPs vote on it tomorrow (Thurs - 16/5)

Euro-MPs are determined that the international community, distracted by many
crises, must not shift its attention away from Zimbabwe, thereby allowing
the catastrophic situation there to deteriorate even further, with murder,
violence, intimidation and now starvation becoming part of the norm of daily
life in this much abused country.

The EPP- ED Group's Resolution highlights "the scale of the humanitarian
disaster, a crisis exacerbated by the failed policies of the Mugabe regime
according to senior WFP representatives, afflicts the Zimbabwean population
in dramatically increasing numbers, with an estimated 7.8 million of the
country's 13 million population now in need of emergency food aid,
furthermore compounding the problem of food shortages in Malawi and Zambia".

The Group warns of "that Zimbabwean government ministers and officials are
continuing to travel freely to EU countries" and "insists that EU Member
States and the Council, whilst ensuring that current measures are strictly
applied, maintain and intensify the resolve and actions of the EU to bring
about an early improvement in the situation in Zimbabwe and, therefore, to
identify and put in place further measures that will put pressure on the
Mugabe regime".

These should include:
- extension of the EU's proscribed list of banned Mugabe associates to
include other key figures, such as the vice-presidents, all ministers,
senior military, police and secret service commanders and leading
businessmen who have helped to bankroll ZANU-PF or benefited from its
corrupt activities, and who play a role in sustaining the regime and its
campaign of violence, and include their respective spouses and children, as
they also spend illegally acquired money abroad,
- publication of details pertaining to assets already identified and frozen
as a result of the policy of targeted sanctions,
- examination of Zimbabwe's debt situation and drawing rights in
international financial institutions.

Mr Van Orden's Resolution "calls on African leaders, particularly in the
SADC region, not to resume normal diplomatic relations with the Mugabe
regime and thereby jeopardise the 'New Programme for African Development'
( NEPAD ) and the prospects for the launch of an 'African renaissance' by
the G-8 Summit in Canada this July".

As the Government continues to intimidate and harass its political opponents
and the media with highly dubious charges of treason against MDC leader
Morgan Tsvangirai and MDC Secretary-General, Ncube Welshman, and the arrest
of many journalists, the EPP-ED Group "calls for a fresh Presidential
Election to take place within the next twelve months, according to
internationally accepted norms and under the auspices of independent
international observers".

In addition to Mr Geoffrey Van Orden MEP [Conservative Party, United
Kingdom], the ten other Euro-MPs who co-signed the Zimbabwe Resolution on
behalf of the 233-strong EPP-ED Group are from Britain, Finland, Germany,
Holland, Ireland, and Sweden:
- Nirj Deva MEP [Conservative Party, United Kingdom];
- Neil Parish MEP [Conservative Party, United Kingdom];
- Jacqueline Foster MEP [Conservative Party, United Kingdom];
- Mary Banotti MEP [Fine Gael, Ireland];
- John Corrie MEP [Conservative Party, United Kingdom];
- Michael Gahler MEP [CDU, Germany];
- Eija-Riitta Korhola MEP [KD, Finland];
- Klaus-Heiner Lehne MEP [CDU, Germany];
- Hanja Maij-Weggen MEP [CDA, Holland];
- Lennart Sacrédeus MEP [KD, Sweden].



tabled by
Geoffrey Van Orden MEP, Nirj Deva MEP, Neil Parish MEP, Jacqueline Foster
MEP, Mary Banotti MEP, John  Corrie MEP, Michael Gahler MEP, Eija-Riitta
Korhola MEP, Klaus-Heiner Lehne MEP, Hanja Maij-Weggen MEP, Lennart
Sacrédeus MEP

The European Parliament,

-    having regard to its previous resolutions on 13 April 2000, 18 May
2000, 6 July 2000, 15 March 2001 and 6 September 2001, 13 December 2001 and
14 March 2002 on the situation in Zimbabwe,

- having regard to the outcome of the Presidential Election in Zimbabwe, 9 -
11 March 2002,

-  having regard to the decision of the Commonwealth on 19 March 2002 to
suspend Zimbabwe's membership for a period of one year,

-  having regard to the resolution passed on 21 March 2002 by the ACP-EU
Joint Parliamentary Assembly in Cape Town on the situation in Zimbabwe,

-   having regard to the decision of the EU General Affairs Council on 28
January 2002 to close its Cotonou Consultations with Zimbabwe and on 18
February 2002 to introduce a package of targeted sanctions,

-  having regard to the conclusions of the Barcelona European Council on 15
and 16 March 2002,

A.  whereas the international community, distracted by many crises, must not
shift its attention away from Zimbabwe, thereby allowing the catastrophic
situation there to deteriorate even further, with murder, violence,
intimidation and now starvation becoming part of the norm of daily life in
this much abused country,

B.  whereas the Presidential Election was clearly flawed, with a the range
of well substantiated and serious electoral abuses,M

C.  whereas the scale of the humanitarian disaster, a crisis exacerbated by
the failed policies of the Mugabe regime according to senior WFP
representatives, afflicts the Zimbabwean population in dramatically
increasing numbers, with an estimated 7.8 million of the country's 13
million population now in need of emergency food aid, furthermore
compounding the problem of food shortages in Malawi and Zambia,

D.  whereas only one-third of the total amount of food given earlier this
year by the World Food Programme for the 750,000 people facing starvation in
the worst affected rural areas in Zimbabwe was effectively delivered,

E.  whereas the Government continues to intimidate and harass its political
opponents and the media with highly dubious charges of treason against MDC
leader Morgan Tsvangirai and MDC Secretary-General, Ncube Welshman, and the
arrest of many journalists,

F.  whereas political violence has intensified since the election, including
the murder of at least a dozen opposition supporters; most recently Jenus
Ngamira and Tiperson Madhobha, as well as other acts of revenge carried out
by ZANU-PF supporters in areas where there has been high support for the
political opposition in the Presidential Election,

G.  whereas the plan brokered by South Africa and Nigeria to reopen
negotiations between ZANU-PF and MDC officials  in Harare on 13 May has been
blocked by the Zimbabwean government,

H.  whereas legislative restrictions including the Public Order and Security
Act and the Access to Information and Privacy Act are now being used to
persecute political opponents and journalists, with eight reporters arrested
in the past month, and the legal move by the Foreign Correspondents
Association in Zimbabwe to challenge the Information and Protection of
Privacy Act in the Supreme Court is a legitimate response to the
unacceptable restrictions on freedom of speech and the media,

I.  whereas there are reports that Zimbabwean government ministers and
officials are continuing to travel freely to EU countries,

1.  Reiterates its view that the Presidential Election of 9 - 11 March 2002
was deeply flawed and that the circumstances in which they were held were
certainly not free and fair and, accordingly, does not recognise the
legitimacy of the Mugabe regime;

2.  Insists that the situation in Zimbabwe remains a high priority for the
EU and for the wider international community and that all efforts should be
made to bring about a benign change in the situation, including the raising
of the Zimbabwe issue by EU Member States in the United Nations Security

3.  Applauds those politicians and citizens of Zimbabwe who stand up for
their democratic rights and for a return to the rule of law;

4.  Expresses its alarm about the breakdown of law and order and the
on-going use of political violence and intimidation by the ruling party
against political opponents;

5.  Welcomes the stance taken by the Commonwealth in suspending Zimbabwe for
one year;

6.  Congratulates the EU-ACP Joint Parliamentary Assembly for taking a
robust stand on Zimbabwe in its resolution of 21 March 2002;

7.  Demands that the charges of treason brought against Morgan Tsvangirai
and Welshman Ncube be dropped; that all draconian legislation adopted by the
government in recent months to restrict the freedom of speech, freedom of
the media and democracy in Zimbabwe be rescinded; and that those involved in
acts of murder and intimidation be brought to justice;

8.  Calls for a fresh Presidential Election to take place within the next
twelve months, according to internationally accepted norms and under the
auspices of independent international observers;

9.  Welcomes the acceptance by African nations of tough action by the
Commonwealth, but regrets the refusal by some to support the robust
resolution that nevertheless was passed by the ACP-EU Joint Parliamentary
Assembly in Cape Town in March;

10.  Calls on President Mbeki to show whole-hearted and consistent support
for the principles of democracy, human rights and the rule of law, and
accordingly to demonstrate the quality of leadership that befits the
powerful and crucial regional position of South Africa;

11.  Calls on African leaders, particularly in the SADC region, not to
resume normal diplomatic relations with the Mugabe regime and thereby
jeopardise the 'New Programme for African Development' ( NEPAD ) and the
prospects for the launch of an 'African renaissance' by the G-8 Summit in
Canada this July;

12.  Regrets the refusal of the UN Commission on Human Rights to discuss the
crisis facing Zimbabwe in its meeting in Geneva this year;

13.  Notes that the sanctions imposed on Zimbabwe by the USA are currently
more severe than those imposed by the European Union;

14.  Insists that EU Member States and the Council, whilst ensuring that
current measures are strictly applied, maintain and intensify the resolve
and actions of the EU to bring about an early improvement in the situation
in Zimbabwe and, therefore, to identify and put in place further measures
that will put pressure on the Mugabe regime;

15.  Calls for such measures to include:

- extension of the EU's proscribed list of banned Mugabe associates to
include other key figures, such as the vice-presidents, all ministers,
senior military, police and secret service commanders and leading
businessmen who have helped to bankroll ZANU-PF or benefited from its
corrupt activities, and who play a role in sustaining the regime and its
campaign of violence, and include their respective spouses and children, as
they also spend illegally acquired money abroad,

- publication of details pertaining to assets already identified and frozen
as a result of the policy of targeted sanctions,

- examination of Zimbabwe's debt situation and drawing rights in
international financial institutions;

16.  Insists that the EU troika, due to be dispatched to the southern Africa
region next week, should urge Zimbabwe's neighbours to take stronger action
to  bring about a return to democracy, the rule of law, and economic
prosperity in Zimbabwe, and make specific proposals to this end;

17.  Emphasises that Zimbabwe should continue to receive emergency
humanitarian aid, including assistance with transportation, dispensed
through non-governmental agencies which are not under the control of
President Mugabe; and that wider large-scale financial assistance, such as
the promised support for land reform, including appropriate compensation for
displaced farmers and farm workers, will quickly be forthcoming once
democracy, human rights and the rule of law have been re-established
following free and fair elections;

18.  Instructs its President to forward this resolution to the Commission,
the council, the Member States and candidate countries, the Government and
Parliament of Zimbabwe, the Presidents of South Africa and Nigeria, the
Secretary-General of the United Nations, the Secretary-General of the OAU,
the Secretary-General of the SADC, the Secretary-General of the Commonwealth
and the President of the World Bank.


For further information, please contact:
Mr Geoffrey Van Orden MEP [Vice-Chairman of Parliament's Foreign Affairs
Committee] on:
Strasbourg Office Tel: +33-(0)3-88.17.5332 / 7332
Brussels Office Tel: +32-(0)2-284 5332 / 7332
GSM: +44-(0)771-374 2444


Editors' Note: The EPP-ED Group is the largest Political Group in the
626-member European Parliament and represents Conservative and Christian
Democrat parties from all 15 EU Member States [53 German MEPs; 37 United
Kingdom MEPs; 35 Italian MEPs; 28 Spanish MEPs; 20 French MEPs; 9 Greek
MEPs; 9 Dutch MEPs; 9 Portuguese MEPs; 7 Austrian MEPs; 7 Swedish MEPs; 6
Belgian MEPs; 5 Finnish MEPs; 5 Irish MEPs; 2 Luxembourg MEPs; 1 Danish

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Citizenship Lobby Group Update #20
May 12, 2002

Dear All
This update provides you with a press release from the Legal Resources
Foundation regarding Judith Todd's critical court case against the Registrar
General & Minister of Home Affairs. The judge ruled that people who have
never taken up their entitlement to a foreign citizenship continue to be

Also included are three articles from the press which provide background to
the case.


Brenda Burrell


Judith Garfield Todd v Registrar-General of Citizenship & Minister of Home
Case No. Hc 55/2002
Legal Resources Foundation
Fri, May 10, 2002

Herewith a summary of the main features in this case, on which a ruling was
made by Hon. Justice Mungwira today.

Costs of the case were sponsored by the Test Case Committee in Zimbabwe
which is comprised of representatives from the Legal Resources Foundation,
Zimbabwe Lawyers for Human Rights, Zimbabwe Women Lawyers Association and

The Judgment in the above case was handed down by the Honourable Mrs Justice
Mungwira on Friday 10 May 2002. The following facts were not in dispute in
the case:

1.       Miss Todd, the daughter of Sir Garfield and the late Lady Todd, was
born in Zimbabwe and is a citizen of Zimbabwe by birth.

2.       Miss Todd is the holder of a Zimbabwean passport which has now
expired and needs to be renewed.

3.       Miss Todd is not a citizen of any other country.

The Registrar-General of Citizenship, who is also in charge of Zimbabwe
Passports, refused to renew Miss Todd's Zimbabwe passport on the basis that
her parents were born in New Zealand and Miss Todd was therefore apparently
either a New Zealand citizen or had an entitlement to New Zealand
citizenship. As such, the Registrar-General argued, Miss Todd was required
to renounce her "New Zealand citizenship" or her claim to "New Zealand

The Citizenship of Zimbabwe Act was amended in 2001 to the effect that
Zimbabwean citizens, who were also citizens of a foreign country, had to
renounce their foreign citizenship by 6 January 2002, failing which they
lost their Zimbabwean citizenship. The Registrar-General argued in Miss
Todd's case that as she had failed to renounce her "New Zealand citizenship"
by 6 January 2002, she had automatically lost her Zimbabwean citizenship and
he could not therefore renew her Zimbabwean passport.

The Court did not agree with the Registrar-General's argument and found that
the amendment to the Citizenship Act only applied to persons who were
citizens of Zimbabwe and also citizens of a foreign country. It did not
apply to persons who simply had a claim or entitlement to a foreign
citizenship which they had never exercised.

The learned Judge quoted, with approval, from an earlier judgment by the
Honourable Mr Justice Adam which stated that:

"The First Respondent (that is the Registrar-General) if he has been
demanding from Zimbabwe born citizens, one or both of whose parents were
born in a foreign country that they renounce their foreign citizenship, then
he is flagrantly acting ultra vires section 3(2) of the Citizenship of
Zimbabwe Act. His conduct would certainly be unlawful. The First Respondent,
a mere public functionary, seems to have arrogantly and unashamedly
arrogated to himself the functions of the legislation and the powers of the
judiciary. Section 21 of the Citizenship of Zimbabwe Act provides that the
use of a current Zimbabwean passport or a current foreign passport contrary
to its provisions is an offence. It is for the police and the
Attorney-General to determine whether or not a person has committed an
offence in terms of section 21. The attitude of the First Respondent shows
that he has usurped those functions and that he regards it as being his
responsibility, since he has taken it upon himself to require
Zimbabwean-born citizens of foreign born parents to renounce their foreign
citizenship, as if they would have been committing an offence under section
21. In his capacity as Registrar-General, it is not his responsibility to
grant citizenship under the Citizenship of Zimbabwe Act. That Act falls
under the administration of the Minister of Justice, Legal and Parliamentary

Accordingly, the Honourable Mrs Justice Mungwira found that Miss Todd was
still a Zimbabwe citizen and therefore ordered the Registrar-General of
Citizenship to renew her Zimbabwe passport within 14 days of the submission
of the necessary application for such renewal.


Zim-born citizens inalienable
From News24 (SA)
Fri, May 10, 2002

Harare - A High Court judge ruled on Friday that the government cannot strip
citizenship from people born in Zimbabwe, and ordered the state to renew the
passport of rights activist Judith Todd. "According to the papers before me,
I find that Judith Todd is a citizen of Zimbabwe. I order the registrar
general to renew the applicant's passport within 14 days" of her asking for
a new one, Justice Sandra Mungwira said. The judge castigated registrar
general Tobaiwa Mudede as having "arrogantly and unashamedly" carried out
duties that belong to the police and attorney-general. "The attitude of the
registrar-general is that he has taken it upon himself to grant citizenship
under the Citizenship of Zimbabwe Act, which is the attorney-general's and
police's job," Mungwira said. Under the citizenship act, a person born in
Zimbabwe becomes a citizen by birth and "that right cannot be renounced",
Mungwira said.

In March 2001, government passed a law that required anyone wishing to
retain Zimbabwean citizenship to renounce any right to foreign citizenship -
even if they had never held a foreign passport. The law mainly targeted an
estimated 30 000 white Zimbabweans who were entitled to a foreign passport,
and also tens of thousands of black workers whose parents or grandparents
had immigrated from neighbouring nations. Government critics had feared the
law would bar people with foreign-sounding surnames, as well as the small
white minority from voting because they had not renounced their entitlement
to foreign citizenship. The legislation was viewed as part of a wide-ranging
strategy to ensure President Robert Mugabe's re-election in March. Todd is a
rights activist who supported Zimbabwe's liberation struggle but who now
opposes Mugabe, accusing his government of widespread human rights abuses.
Both Todd's parents were born in New Zealand, but she was born in Zimbabwe,
when it was still the British colony of Rhodesia. Her father, Garfield Todd,
is a former prime minister of Rhodesia. She has never sought a New Zealand


Landmark citizenship judgement
Thurs, May 09

Veteran human rights activist Judy Todd, 57, has won a major test case in
the Zimbabwe High Court blocking attempts by Registrar General Tobaiwa
Mudede to strip her of Zimbabwean nationality because he said she had not
renounced a possible claim to New Zealand citizenship. Her father, 1953-58
Prime Minister Sir Garfield Todd, 92, came to former Southern Rhodesia more
than 60 years ago and was recently struck off the voters' roll by Mudede
because he was born in Invercargill, South Island. The judgment could have
major implications for thousands of other Zimbabweans facing citizenship
problems as a result of recent legislation, including many in rural areas of
Malawian or Mozambican descent. Parliament last year empowered Home Affairs
Minister John Nkomo to revoke the citizenship of any Zimbabwean who had not
by January 6, 2002, renounced dual nationality in terms of the laws of the
foreign country to whose citizenship they might be entitled. "I am delighted
not only for myself but for all those hundreds of thousands of farm
workers," Todd said.

The landmark judgment applies, for the time being, only to Zimbabwean
citizens born in the country. Costs of her case were sponsored by Zimbabwe's
Legal Resources Foundation and five other human rights groups. However,
legal sources here warned that President Robert Mugabe's government may
simply once more ignore the courts, either by introducing fresh legislation
or invoking the Presidential Temporary Powers Act. But, the sources said,
Zimbabweans who spent up to ZWD13 000 renouncing potential claims to, for
example, British, South African or Zambian citizenship by birth or descent
have obtained proof of renunciation that may still be vital to retaining
their Zimbabwean passports and votes. Justice Sandra Mungwira said she would
sign orders on Wednesday requiring Mudede to issue Todd with a new
Zimbabwean passport within 14 days of making application, and to continue to
recognise her in all other respects as a citizen of Zimbabwe.

Arguing the case on Tuesday, Todd's lawyer, Bryant Elliot, said Mudede had
simply made up requirements that attempted to force Zimbabweans who had
never claimed a second citizenship to obtain proof from the foreign country
involved that they had renounced it. Mudede contested Todd's challenge, but
the Home Affairs Minister who is responsible for moves to deprive
Zimbabweans of citizenship, made no response, and consequently the state
case collapsed. Zimbabwe-born Todd's lawyer argued that last year's
legislation did not apply to her as she had never attempted to acquire a
foreign citizenship. He added that the Registrar General was not entitled to
deprive Zimbabwe-born nationals of citizenship because he suspected they
might have some claim through their parents to dual nationality - even
though they had never asserted the claim. He said the renunciation form that
Mudede had printed, without legal authority, forced a Zimbabwean suspected
of having a claim to a foreign citizenship to assert that he or she did in
practice hold the foreign citizenship.

Todd had been unable to sign such a declaration renouncing a New Zealand
citizenship she had never possessed. Todd did not know whether New Zealand
would refuse her citizenship if she applied. However, said legal sources, if
she had applied - even as a mere exploratory exercise - this would be taken
in terms of the Zimbabwe legislation as automatic renunciation of her
Zimbabwean citizenship. During the March presidential elections, thousands
of white Zimbabweans were turned away from polling booths because officials
found their names on a "Removed Citizens List" of those suspected of being
eligible for a foreign citizenship. Mudede had refused to give copies of the
list to opposition parties or human rights groups so those named could
challenge their disenfranchisement.


Court deals blow to Mugabe's citizenship law
Tues, May 07 2002 at 06:36PM

Harare - Zimbabwe's government conceded on Tuesday in a high court that it
cannot strip rights activist Judith Todd of her Zimbabwean citizenship, even
if she could qualify for a passport from another country.

"I concede the heads of argument presented by the applicant, so I have no
further submissions to make," Nelson Mutsonziwa from the attorney-general's
office told the court.

Zimbabwe's government had refused to renew Todd's passport, saying that she
was a citizen of New Zealand because her parents were born there.
Government argued that a 1943 New Zealand law gave citizenship to anyone
whose parents were born in that country.
Todd's lawyer, Bryant Elliot, said Zimbabwean law required an expert from
New Zealand be present in court, if that nation's laws were to be
He also argued that Zimbabwean law automatically gives citizenship to anyone
born here.
Judge Sandra Mungwira is expected to hand down her judgment on Wednesday.
Both Todd's parents were born in New Zealand, but she was born in Zimbabwe,
when it was the British colony of Rhodesia. Her father, Garfield Todd, is a
former prime minister of Rhodesia.
She has never sought a New Zealand passport.
Judith Todd is an activist who supported Zimbabwe's liberation struggle but
who now opposes President Robert Mugabe, accusing his government of
widespread human rights abuses.
Todd's case could have wide-ranging implications for all Zimbabweans of
foreign descent.
In March last year a law was passed that required anyone wishing to retain
Zimbabwean citizenship to renounce any right to foreign citizenship - even
if they had never held a foreign passport.
A high court judge had ruled in February that people cannot give up a right,
but only a citizenship they actually hold.
The law targeted the estimated 30 000 white Zimbabweans who were entitled to
a foreign passport and tens of thousands of blacks whose parents or
grandparents had immigrated from neighbouring nations.
Government critics had feared the law would bar people with foreign-sounding
surnames as well as the small white minority from voting because they had
not renounced their entitlement to foreign citizenship.
The legislation was viewed as part of a wide-ranging strategy to ensure
Mugabe's re-election in the elections. - Sapa-AFP

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16 May 2002

Subject: ZIMBABWE EMERGENCY: An urgent appeal for the farming community

Dear friends

This email is an urgent appeal, on behalf of the Zimbabwe Agricultural
Welfare Trust (ZAWT), to all Zimbabweans, ex-Zimbabweans (and anyone with a
love of the country).

Please read it, make a donation and forward it to all Zimbabweans you know,
wherever in the World they are.

Over recent months, we have witnessed unprecedented change and turmoil in
our country. As expected, the people hardest hit by the recent upheavals
have been the farmers and their workers. The two are dependant upon each
other and are facing the same crushing pressures.

We have spent the last few months working in close contact with farmers
groups, the workers communitys, human rights organisations and NGOs to
establish a workable plan to help the people who are battling it out on the
ground. Our plan is called Project Survival. It aims to support those who
without help would lose everything: and it depends upon people like you to

The biggest problem facing the farmers, and by extension the communities
that they support, is keeping up with the costs associated with maintaining
a labour force whilst unable to produce. To this end, one of the most recent
focuses of Project Survival is to help farmers to cover the costs of their
labour force, who will benefit by being able to stay in their homes and
their communities in relative safety. We normally offer this support for
3-month periods.

This support is vital to keep farmers going. For the workers, it can
literally be the difference between life and death, as starvation haunts the

We need your help.

We are reliant upon the Zimbabwean community around the world to fund our
work. We are currently receiving no other support.

I am pleading with you to dig deep and donate as much as you can. Our funds
are at an all time low as the crisis in Zimbabwe worsens. Those of us lucky
enough to be earning Forex can have an enormous impact.

We are now able to receive online Visa donations through our totally secure
website. This is the quickest way for you help out. Failing that, please
send a cheque (payable to ZAWT) to the address at the bottom of this email.

Click here for more details of Project Survival and how you can help.  ZAWT is a charity registered in the

Please dont delay. Forward this email today and dig as deep as you can.


Lao Watson-Smith

Zawt (Zimbabwe Agricultural Welfare Trust)
P.O. Box 168
IP13 8WE
United Kingdom


Please do not reply to this email address & mails to this address are
processed by servers and never read. If you would like to contact us please
email us at

Registered in the UK as a Charity  No: 1091003
Patron: The Most Reverend Desmond M. Tutu O. M. S. G.
D. D.  F. K. C.
Archbishop Emeritus of Cape Town

If you feel that you have received this communication in error, and you wish
not to receive updates on our work, then please send a blank email to and you will be permanently removed from our databases.
We are unable to take responsibility for the actions of 3rd parties, who may
forward communications on

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