http://www.swradioafrica.com/
By Alex Bell
23
May 2013
The new Constitution that was formally gazetted by Robert Mugabe
on
Wednesday makes his desired June election date technically unlawful, with
months worth of preparations constitutionally required.
Mugabe and
his ZANU PF party have been pushing for elections to be held as
soon as the
current Parliamentary term comes to an end on June 29th. This is
the
official date that marks the end of the fragile unity government between
ZANU PF and the two MDC factions.
But according to the new set of
laws, which Zimbabweans voted for in a
referendum in March, a number of key
amendments, national processes and
other prerequisites are needed between
now and the announcement of an
election date.
According to a position
paper published by the Zimbabwe Lawyers for Human
Rights (ZLHR), aimed at
trying to clarify when an election could be held,
the timing of elections is
“difficult to estimate and essentially depends on
when Parliament will
complete election-related amendments and when those
amendments become
operational.”
The lawyers explained that certain electoral processes have
changed in the
new Constitution, and therefore the current Electoral Act,
regulations, and
other laws related to elections “must be amended so that
they comply with
the new Constitution.” At the same time, the new charter
states in section
157(5) that all amendments to the Electoral Law and any
other law relating
to elections must be made before an election date is
proclaimed.
“Once an election date is announced, absolutely no amendments
can be made to
the Electoral Law or other laws relating to elections, either
by Parliament,
or by the President using his executive powers under the
Presidential Powers
(Temporary Measures) Act. The President therefore has to
wait for all
electoral amendments to be adopted by both Houses of Parliament
and he must
sign them into law before he can announce an election date,” the
lawyers
explained.
For ZANU PF’s June election date therefore to be
legal, all these amendments
need to happen almost instantly. On top of that,
a mandatory 30 day voter
registration and inspection exercise is required
after the gazetting of the
new Constitution. The lawyers said that the
failure to carry out this
exercise “will be a violation of the new
Constitution.”
The lawyers explained that at the very earliest, Mugabe
could announce an
election date half way through the registration exercise,
but only if all
the previously mentioned amendments have been finalized and
are operational.
The lawyers also stated that once an election date is
proclaimed, “a minimum
of 44 days (14 days between proclamation of the date
and the sitting of the
Nomination Court, and a further 30 days between the
sitting of the
Nomination Court and Polling Day) must elapse before actual
voting.”
“If the above processes are not complied with there will be a
constitutional
crisis that would give rise to the real probability of
protracted
constitutional litigation,” the lawyers warned.
Blessing
Vava from the National Constitutional Assembly (NCA), which
campaigned
against the adoption of the new charter, said on Thursday that
such
constitutional regulations might not make any difference if Mugabe
wants an
early election.
“ZANU PF has a history of not respecting the constitution
and the President
has repeatedly made unilateral decision regardless of the
laws. We already
see the agitation of ZANU PF to have an election in June,
when Parliament
expires, and it is likely they are going to push a bit to
have the election
sooner (than the constitution stipulates),” Vava told SW
Radio Africa.
President Robert Mugabe
may be able to extend his 33-year-old rule over Zimbabwe for another ten years
after signing a new constitution today.
The law, which was
overwhelmingly approved in a referendum in March, clips the powers of the
president and imposes a two-term limit.
However, it does not apply retroactively so the 89-year-old Mugabe could technically extend his three decades in office by another ten years.
The constitution
replaces a document forged in the dying days of white minority rule and paves
the way for an election later this year.
A beaming Mugabe, flanked by Prime Minister Morgan Tsvangirai, his main political rival, and Deputy President Joice Mujuru signed multiple copies of the charter at State House in the capital Harare to cheers and applause from aides.
The constitution was formed as part of a power-sharing deal between Mugabe and Tsvangirai after disputed and violent elections in 2008.
The five-year coalition
government formed under the same agreement expires on June 29, and
parliamentary.
Mugabe has vowed to
hold fair and open elections and a presidential vote could be held as early as
August 14.
Zimbabwe is hosting a
worldwide United Nations tourism summit in mid-August, suggesting that
nationwide polls would take place in September after what is expected to be the
world's largest tourism exposition.
President Robert Mugabe has vowed that
clean and fair elections will be held after allegations of vote rigging in the
previous elections in 2008 when he beat rival Morgan Tsvangirai,
right
However, many obstacles remain, including finding the estimated $130million needed to pay for the election and reaching agreement on outside monitors.
Harare has turned down
offers of United Nations or donor assistance.
Mugabe said: 'This is a
happening of joy, great joy indeed,' according to Sky News.
He said today that the new constitution shows that Zimbabweans are united, regardless of political affiliation and without outside interference.
Mugabe accused some in the 15-nation Southern African Development Community (SADC), which has been mediating in the crisis, of trying to impose their will on Harare.
'We rejected this,' he told reporters after the signing ceremony, adding that any vote would be fair and peaceful.
'We will ensure that there won't be any violence, that there won't be any rigging.'
Robert Mugabe, pictured in 1978, was named Zimbabwe prime minister two years later after peace talks following the dissolution of white-minority rule
Mugabe, pictured with Margaret
Thatcher, left, and Queen Elizabeth, right, was voted into power in
1980
In brief remarks, Tsvangirai said the charter had set the southern African country 'on a new path' after nearly a decade of economic decline and political violence that started in 2000 with the seizure of white-owned commercial farms by Mugabe supporters.
He said: 'As Zimbabweans we are proud that we are setting on a journey that is based on a new governance system.'
They did not take questions from reporters.
State media said today
that Mugabe was pressing for a vote before July.
His rivals want it delayed to allow for the opening up of broadcast media, registration of new voters and reform of the military to ensure it stays out of politics.
Several parts of the new constitution are effective immediately with others set to come into force after the swearing in of the next elected administration.
Mugabe was voted into
power in 1980 after the British brokered peace talks in London following a civil
war that saw the end of white minority rule.
The pro-independence
leader Mugabe and his Zanu party win the elections.
Mugabe held the post of prime minister until 1987 when he became president
http://www.swradioafrica.com/
By Nomalanga
Moyo
23 May 2013
Two more judges have been appointed to the Supreme
Court bench in line with
the country’s new constitution which was gazetted
this week.
Justices Ben Hlatshwayo and Bharat Patel were sworn in by
President Robert
Mugabe at State House on Wednesday, bringing the total on
the bench to nine.
The new judges were said to be elated at their
promotion from the High Court
to the superior court, with both saying they
were looking forward to
dispensing their duties under the new
constitution.
Welcoming his new role, Hlatshwayo told the state media:
“It is an
appointment that I accept with humility because it is an
appointment with
public trust and is something to look forward to especially
in light of the
new constitution.”
Co-appointee Patel said: “It is a
wonderful day for me. I hope that both of
us will add something to the
Supreme Court especially with the new
constitution.”
It was always
expected that, when the time came, Mugabe would appoint a safe
pair of
hands, especially in view of the forthcoming make-or-break
elections.
Since the threat posed by the MDC party in 2000,
Zimbabwe’s benches have
been staffed with judges with discernible political
connections.
Former university lecturer Hlatshwayo played a prominent
role in pleading
the ZANU PF government’s case during earlier attempts at a
new constitution,
which was rejected during the 2000
referendum.
Since his appointment to the High Court in 2000, some of
Hlatshwayo’s
notable controversies include sitting on a case in which MDC-T
leader Morgan
Tsvangirai was challenging the 2002 presidential result, won
by Mugabe,
until it was overtaken by the formation of the coalition
government in 2009.
In 2002 Hlatshwayo invaded Gwina Farm in Banket,
evicting its old white
owner Vernon Nicol, in defiance of a High Court
order. He was later on
pushed off the same farm by First lady Grace Mugabe,
who acquired it for his
son.
In 2008, the judge ruled in favour of
Mugabe supporter and excommunicated
Anglican Archbishop of Harare Nolbert
Kunonga, giving him control of the
church’s regional
assets.
Hlatshwayo was later reprimanded and overruled by Chief Justice
Luke Malaba
for “shutting his mind to the other evidence which had a direct
bearing on
the matter”.
Justice Patel joined the High Court in 2004
after years serving as the
deputy and acting attorney general at the ZANU
PF-controlled agency.
Although less controversial than Hlatshwayo, it
remains to be seen whether
Patel will be able to exercise appropriate
professional independence on
matters directly involving President Mugabe or
ZANU PF.
Hlatshwayo and Patel join Chief Justice Godfrey Chidyausiku, his
deputy Luke
Malaba, Vernanda Ziyambi, Elizabeth Gwaunza, Paddington Garwe,
Yunus Omerjee
and Anne-Marie Gowora at the Supreme Court.
http://www.voazimbabwe.com/
Irwin
Chifera
23.05.2013
WASHINGTON DC — The country’s controversial
indigenization program was back
in the news at the weekend with Prime
Minister Morgan Tsvangirai threatening
to reverse the Zanu-PF backed
empowerment drive if elected president in
fresh polls this
year.
Today parliament heard the empowerment drive is failing to attract
the
country’s youth with very few applying for funds under the $10 million
CABS
youth fund known as Kurera or Ukondla.
Brian Mpofu, head of the
fund, told Senate’s indigenisation and empowerment
thematic committee there
was a general low uptake of the fund throughout the
country. He said since
last year only $2.7 million has been disbursed.
Some districts in the
country did not even apply for the funds to start
income generating
projects, Mpofu said.
He said the institution has so far received 16,367
applications and about
3,535 were approved.
Most of the applications
so far have been for capacity building, failing to
meet set criteria for
funding.
CABS, he said, provided $1 million to the youth ministry to
train the youth
before they could apply for the loans.
Some
applications, at least 5 percent, were rejected because applicants were
over
the 35-year age limit, said Mpofu.
Thirty-three percent of the
applications came from young women while 66
percent were male.
Mpofu
failed to explain why there was a low uptake of the fund as it was
widely
publicised through the media, the youth ministry, CABS branches and
the
Zimbabwe Youth Council.
He said lawmakers should also advertise the fund
in their constituencies.
Mpofu said disbursement was not done along
political party lines, adding the
bank only considers the viability of the
projects.
He said most of the funding has gone to projects in the
agriculture sector.
Successful youths get $5,000 per project with a
maximum repayment period of
three years.
The Youth Empowerment Fund
was established last year as part of Old Mutual
Zimbabwe’s contribution to
the country’s indigenisation and empowerment
programme.
Indigenization Minister Saviour Kasukuwere said the youth
empowerment fund
has been facing some challenges though the programme is
progressing well.
http://www.thezimbabwean.co/
23.05.13
by Nelson Sibanda
The office of
prime minister will remain functional after parliament has
dissolved on 29
June 2013, PM Morgan Tsvangirai told journalists at a Press
Conference held
at Harvest House in Harare on Wednesday.
Section 15 of the
constitution prescribes that the executive arm of the
state would run
affairs of the country until a new government comes into
office.
The
Zimbabwe state executive is comprised of the state president and his
deputies, the prime minister and his deputies and cabinet.
Tsvangirai
made the clarification following media reports that he would
leave office at
the end of parliament’s five year term in June 2013.
“I think our
constitution clearly states that the prime minister’s office
and his
deputies will remain in office after the term of parliament expires
since we
are part of the government executive,” said Tsvangirai.
The PM said the
signing of the constitution Bill by President Robert Mugabe
does not mean
elections will be held soon.
He said the signed Constitution Bill has 30
days to become law as there is a
month window period of
publication.
The 30 days will be followed by another month of voter
registration. After
the voter registration there will be another 30 days of
voter inspection.
“In this respect, we cannot talk of elections in August
given the United
Nations World Tourism Summit to be held in Victoria Falls,”
said Tsvangirai.
He said after the coming 90 days there could be a
further proclamation of 45
days which is within the provisions of the
GPA.
Tsvangirai said the legal parameters in the constitution cannot be
avoided.
So elections will be anytime after October.
He reiterated
that corrupt party councillors will not stand as MDC-T
candidates in coming
elections. The same would apply to other party members
found on the wrong
side of the MDC-T code of conduct.
“Corrupt councillors and other members
who betrayed the trust invested in
them by residents and the party will not
contest on MDC-T ticket. MDC-T says
no to corruption which has become a
national disease,” said Tsvangirai.
Tsvangirai said if MDC-T allows
corrupt party officials to contest elections
under its ticket, it will be
betrayal of people’s aspirations and the
struggle for
democracy.
Zimbabwe is set to hold elections later this year after agreed
benchmarks on
the election road map have been met.
http://nehandaradio.com/
on May 23, 2013 at
12:58 pm
ETHIOPIA – Zimbabwe Civil society organisations who are on a
regional
advocacy blitzkrieg in Addis Ababa, Ethiopia have urged the African
Union
(AU) to exert pressure on Zimbabwe to implement critical and credible
reforms before the watershed elections expected to be held after the
adoption of a new constitution.
The revelations were made at a
Discussion Forum focussing on the forthcoming
watershed elections in
Zimbabwe held under the theme ‘the African Union-
enforcing implementation
of the Global Political Agreement (GPA)’ on Monday,
May 20 at Radisson Blu
Hotel in Central Addis Ababa, Ethiopia.
Presenting the Briefing paper to
regional civil society representatives and
Journalists at Radisson Blu Hotel
in Central Addis, Crisis in Zimbabwe
Coalition Spokesperson and Bulawayo
Agenda Director, Mr Thabani Nyoni told
the gathering that he hoped that
civil society in Africa will be able to
help Zimbabwe hold credible,
peaceful, free and fair elections.
“We are here in Addis Ababa, the
Capital City of Africa to raise our
concerns as civil society in view of the
pending watershed harmonised
elections. You are our brothers and sisters and
we are confident that your
voice will put pressure on our leaders to insist
on the implementation of
reforms which will enable Zimbabwe to hold credible
elections”, Nyoni
Appealed.
“ We would like to take advantage of the
AU Summit to highlight the good
work the AU has done to bring peace and
stability in Zimbabwe”, Crisis
Spokesperson added.
Mr Nyoni informed
participants that Zimbabweans were concerned that if
reforms as stipulated
in the Global Political Agreement (GPA) are not
implemented, Zimbabwe risked
skidding back to social, economic and political
retrogression.
“It is
against this background that SADC and AU as the guarantors of the GPA
are
urged to adopt a more pro-active role in ensuring the implementation of
the
said reforms, and other measures that have been mooted by SADC through
several resolutions and at other fora”, emphasised Nyoni.
A
participant from Kenya asked why Zimbabwe did not allow the Diaspora to
vote
in the March 16 Referendum since there was a standing African
Commission on
Human and People’s Rights (ACHPR) decision which directed
Zimbabwe to allow
its citizens living abroad to vote during March 16
Constitution referendum
and elections expected later in 2013.
In response, Mr Nyoni told the
participants that the failure by the
Government of Zimbabwe to comply with
ACHPR decisions was a clear indication
that Zimbabwe needs to be incubated
by SADC and the AU in order to deliver a
credible election.
“The
non-compliance by Zimbabwe is one of the reasons why we are here in
Addis
Ababa as Civil Society to urge the AU to put pressure on its member
state to
comply both with its own agreements and those made by SADC and AU”,
Nyoni
said.
A Zimbabwe Embassy representative, who also attended the Discussion
Forum,
Mr Machigere claimed that as a Government they had not yet received
communication from the African Commission.
Ms. Roselyn Hanzi of
Zimbabwe Lawyers for Human Rights (ZLHR) and a
prominent Human Rights Lawyer
dismissed the Government of Zimbabwe’s
assertion and said that it was one of
the strategies used by Zimbabwe to
evade compliance.
“It is
disheartening that the Government of Zimbabwe expressed ignorance
despite
the fact that this decision was made by the ACPHR having heard civil
society
and government representatives during the hearing of the petition
submitted
by Civil society on behalf of Zimbabwe citizens living in the
Diaspora in
March 2013.This only helps in exposing their bag of tricks which
they often
use to maliciously and clandestinely evade important decisions
which have a
bearing on the future of Zimbabwe”. Hanzi quipped.
Civil Society from
Kenya urged Zimbabweans to learn from the recently
concluded Kenyan
elections.
“Kenya held national elections in April 2013 to bring to an
end a government
of National Unity which was a product of a disputed
election in 2007.
Unfortunately the 2013 election brought about another
disputed election as
it was pregnant with irregularities and allegations of
vote manipulation.
Zimbabwe must learn to put in place mechanisms which will
guarantee a free
and fair election to avoid bloodbath”.
The Crisis in
Zimbabwe Coalition Spokesperson urged the AU to urgently
deploy its observer
mission in order to ensure the smooth conduct of
elections in
Zimbabwe.
“In the spirit of democracy, peace and stability in the region
in general
and Zimbabwe in particular, we directly appeal to the AU in its
capacity as
the Guarantor of the GPA to urgently deploy its election
observer mission to
Zimbabwe so as to comprehensively observe the whole
electoral process”, Mr
Nyoni concluded.
The Discussion forum was
attended by members of Civil Society from Kenya,
Zambia, Uganda and
Ethiopia.
The 23rd ordinary session of the Executive Council is expected
to meet at
the AU headquarters from 22- 23 May in Addis Ababa Ethiopia. The
session is
being held as part of the 50th Anniversary celebrations of the
African Union
which will be held on the 25th of May, 2013 under the theme
‘Pan Africanism
and the renaissance’.
The Civil society regional
Advocacy mission comprises of representatives
from ZESN, ZLHR, MMPZ,
Bulawayo Agenda and Crisis in Zimbabwe Coalition.
http://www.mdc.co.zw
Thursday 23 May 2013
The Zanu PF
Joint Organising Committee is reported to have taken Augustine
Chihuri to
task for sanctioning the well attended MDC rally held at the
Zimbabwe
grounds on Sunday, 19 May 2013.
The rally attended by over 30 000 party
supporters was addressed by
President Tsvangirai who was accompanied by the
MDC top leadership.
However, the MDC is well aware and has learnt that a
high powered Zanu PF
meeting was held on Tuesday, 21 May 2013, where General
Constantine Chiwenga
quizzed the police commissioner general over his
sanctioning of the MDC
rally which was well attended.
According to
sources who attended the meeting, Chihuri’s response was that
he wanted to
test the MDC’s popularity. The service chiefs were shocked by
the
overwhelming attendance at the rally despite heavy police presence
around
the venue.
The service chiefs were further incensed by the fact that the
MDC, as a
Party of Excellence, had before the Zimbabwe Grounds Star rally,
managed to
hold a colourful national policy conference in Milton Park,
Harare where it
launched its policies on how it will govern the country
after winning the
next elections.
This development by the service
chiefs, signals the intention of the service
chiefs and Zanu PF to unleash
violence on the people ahead of the coming
elections scheduled for later
this year.
As a party, the MDC notes that even before the announcement of
the dates for
elections there are already indications of possible violence
in the upcoming
election as Zanu PF is sensing heavy defeat at the hands of
the MDC in the
local government, parliamentary and presidential
elections.
Despite Zanu PF preaching a message of peace in the upcoming
elections, the
MDC notes that senior officials in Zanu PF are already
strategising on how
they will create alarm and despondency in the upcoming
elections and
consequently make the environment conducive for them to rig
the upcoming
elections.
The MDC strongly condemns the plots by senior
Zanu PF officials to use the
military to instigate violence on MDC
supporters before, during and after
the harmonised elections.
The
behaviour of the securocrats puts paid the MDC’s call for security
sector
reforms before holding of elections. The MDC will not be deterred
from its
agenda of bringing real transformation to Zimbabwe and would like
to warn
the service chiefs from engaging in acts aimed at creating mayhem
and
anarchy in Zimbabwe.
MDC remains vigilant and would seriously follow any
development meant to
destabilise the peaceful existence of the Zimbabweans
with keen interest.
YES together we can complete the change!!!
http://www.swradioafrica.com/
By Violet
Gonda
23 May 2013
A rights activist, who is living with HIV, filed a
test case in the newly
constituted Constitutional Court on Thursday to
highlight the challenges and
ill treatment facing people living with the
virus in the country’s prisons.
The Zimbabwe Lawyers for Human Rights
said Douglas Muzanenhamo’s landmark
legal application becomes the first case
under the new constitutional
dispensation, which was passed by President
Robert Mugabe on Wednesday.
Muzanenhamo’s case was heard before new nine
Constitutional Court judges,
two of them Justices Ben Hlatshwayo and Bharat
Patel, sworn in by Mugabe on
Wednesday, in line with the country’s new
constitution. The constitutional
court becomes the highest court of the land
after the Supreme Court which
has now been converted to a court of
appeal.
Muzanenhamo decided to seek redress with the Constitutional Court
after he
was allegedly denied access to life prolonging HIV treatment while
in
detention in 2011, when he was incarcerated on treason
allegations.
The activist was part of a group of 44, including
International Socialist
Organisation leader Munyaradzi Gwisai, accused of
plotting “Egyptian-style”
tactics to topple President Robert Mugabe from
power. The case was later
thrown out, but the activists had already suffered
much while in detention.
One of his lawyers, Tawanda Zhuwarara, told SW
Radio Africa that not only
was Muzanenhamo deliberately denied medical
attention but he was denied
access to his cellphone so he couldn’t call his
family to bring the anti
retroviral drugs.
“While in prison he was
placed in solitary confinement for complaining that
they were not treating
him well. He also wanted to have access to his own
medication while he was
in a remand prison under the Zimbabwe prison Service
but they were refusing
to give him his own medication.”
The lawyer added: “The State objected to
our application stating that there
were quite a number of disputes of facts.
So we managed to air out those
particular issues as well as issues relating
to the law – relating to how
individuals are supposed to be treated in
custody.”
The State denied withholding treatment and argued there are
medically
trained officers who are always available to make a determination
of what
type of drugs inmates are supposed to take. But Zhuwarara said his
client
was denied the ability to interrogate the qualifications of the
medical
officer in prison.
“In fact we don’t even know if that
individual was a medical doctor but they
actually gave him medication
without taking his medical history. They gave
him medication without making
a prescription. They also gave him medication
that he could not verify if
they were ARVs because they were markedly
different from the type of drugs
that the was taking,” pointed out the
lawyer.
A statement by the ZLHR
said that this is not an isolated case as many other
detainees are denied
medical care if they are perceived to belong to certain
political
parties.
Muzanenhamo had been living with HIV for almost two decades but
the ZLHR
said: “Due to improper administration of ARVs, Muzanenhamo’s health
condition deteriorated rapidly and his CD4 count dropped from the normal 800
to 579. Had he stayed longer in the custody of police and prison
functionaries, he would have suffered more damage to his health and
well-being.”
The Constitutional Court reserved its judgment to a
later date.
http://www.newzimbabwe.com/
23/05/2013 00:00:00
by Staff
Reporter
PRESIDENT Robert Mugabe has lashed at journalists for
practicing what he
termed “filthy journalism”, characterised by character
assassination and
sensationalism.
Speaking soon after appending his
signature on the country’s new
Constitution Mugabe said he was saddened by
the standards of local
journalism saying (it was) “as if we are not
educated at all”.
“Vemapepa journalists, aha, kunongova isu vaviri ndisu
tinongonzi nemi nemi.
Herald yakananganawo naTsvangirai (Prime Minister);
ininiwo my Mugabe papers
all the time,” he said.
“They (papers) should
pay me because they use my name, ‘Mugabe this, Mugabe
that’ so their papers
can sell. I am going to acquire those Mugabe papers
and demand that they pay
me for promoting them, but don’t tell lies ka,
hatidi.
“Our
journalism must be journalism of high standard. Ah, filthy journalism.
Mavakushorwa zvinotondinyadza. It’s as if we are not educated at
all.
“Anyway let’s correct ourselves and perhaps sometimes the levels
dzevana
vanongoda zviri emotional zvekutukana, zvekudii, nhasi tonyora chii,
tichiti
chii. That’s not it.
“We want now to build the nation and build
the country, develop our
resources, ensure there is wealth that is shared by
the people.
President Mugabe said journalists need to uphold the highest
standards of
ethical practice and project the events in a truthfully and
professional
manner.
Frustrated by partisan political coverage and
continued attacks in the State
media, Tsvangirai and his MDC-T party have
been pressing for media reforms
before new elections can be
held.
Addressing supporters at a rally last week, Tsvangirai warned the
MDC-T
would institute sweeping changes in the State media if it takes over
power
in elections due this year.
“Those who want to go on a negative
drive, those who spend every-day and
night writing negative issues about us,
we say it’s your right to abuse us.
But it’s not a monopoly,” he
said.
“You can’t have a newspaper which has six articles about
Tsvangirai.
Tsvangirai this Tsvangirai that - everyday! Regai vakadaro. But
umwe musi
rava rakadambura musungo. That kind of media has no future in a
democratic
Zimbabwe. I want to tell you this - muchadya izvozvo!”
By Alex Bell
23 May
2013
The Zimbabwean newspaper has launched a new campaign that urges Zim nationals around the world to unite and share their views and hopes for the future of their country.
The ‘My Zimbabwe’ campaign is described as “a call to action to Zimbabweans everywhere to look forward into a future filled with hope.”
People who want to join the movement are encouraged to do so by spreading the word about the campaign online, and sharing the ‘viral’ videos already on YouTube. The videos contain messages of what people want to see in the future, and it is hoped the messages will encourage other people to share their views too.
The ‘My Zimbabwe’ campaign is also on social media sites like Facebook and Twitter, where people can join the online conversations and share their hopes. The Zimbabwean, as the campaign leaders, are also offering artwork and images that people can share online or print and share at events, to help keep spreading the word.
- The campaign can be followed on Twitter and people can tweet their hopes using #myzim,
- They can also join the campaign on Facebook: www.facebook.com/thezimbabweanonline
- The videos can also be viewed on YouTube. www.youtube.com/thezimbabweanonline
The Zimbabwean says that “through these platforms the voices of the voiceless will be heard right across the world. We are Zimbabweans. We have a future and a hope. The aim is to unite us all behind a single cause – bringing Zimbabweans, wherever they might be, together around a single powerful idea.”
http://www.newzimbabwe.com/
22/05/2013 00:00:00
by Staff
Reporter
PRIME Minister Morgan Tsvangirai has urged China to help
the country
re-build key infrastructure such as roads and railways which
have fallen
into disrepair due to underinvestment.
Speaking during a
meeting with visiting Chinese vice Premier Wang Yang in
Harare Wednesday,
Tsvangirai said: “we are keen to have Chinese investors in
our
Fledgling
economy, albeit, on a win-win basis.
“Areas where we need assistance
include investment in the development of key
infrastructure such as roads,
rail and other sectors which would go a long
way in improving the business
environment in our country.
“We are also keen to learn how China has done
it, especially in respect of
private-private partnerships which we think
would go a long way in
addressing the many challenges that we face as a
nation.”
Zimbabwe is working to improve its pot-holed road-network after
years of
neglect as the country battled a serious economic crisis in the
last decade
while analysts have also warned that the rail system is near
collapse.
Tsvangirai assured Wang that Zimbabwe would respect property
rights, an area
of concern among investors as the country implements its
indigenisation
programme.
“On our part, we pledge to respect property
rights as part of the many
rights that are now protected by our new
Constitution which Zimbabweans
recently endorsed overwhelmingly,”
said.
“We respect property rights and we hope to receive FDI from China
which will
work as a catalyst to the development of our economy and lead to
improved
livelihoods of the people of Zimbabwe and the sustainability of
Chinese
investment.”
The Chinese leader urged the government to
ensure peace and political
stability ahead of elections this year to
safeguard economic growth.
"A peaceful and stable political environment
is the pre-requisite for
economic development," Wang told journalists after
the meeting with
Tsvangirai.
http://www.swradioafrica.com/
By Nomalanga Moyo
23
May 2013
The dysfunctional Zimbabwe Human Rights Commission (ZHRC) has
approached
parliament in a bid to get funding for its operations, a few
months before
the end of its tenure.
The commission was set up in
2009 under the current inclusive government, to
investigate human rights
abuses following the bloody 2008 elections.
But four years later and a
few months from the expiry of its life on June
29th, the body exists only on
paper, with its operations hindered by a lack
of financial support from
government.
Last Thursday, the commissioners appeared before a senate
thematic committee
on human rights where they pleaded for resources from the
government,
according to a Zimbabwe Lawyers for Human Rights
report.
Commission chairperson Jacob Mudenda told the parliamentary
committee that
the human rights body was handicapped by a lack of proper
offices, vehicles
and staff.
Mudenda also asked parliament to amend
the law governing the Commission’s
work, saying that sections of the ZHRC
Act infringed on the independence and
impartiality of the body.
The
commissioners apparently told shocked senators that so far funding for
their
work has come from the Danish Institute for Human Rights (Danida),
while the
Norwegians are expected to provide the money for the vehicles.
The
commissioners also indicated that they would like to be remunerated in
the
same way ministers and judges are rewarded.
The extent of the
commission’s empty coffers was revealed when Mudenda told
senators that the
human rights body had to borrow $500 to open a bank
account.
Despite
the challenges, the Commissioners reportedly pledged not to resign
in
protest over clauses that compromise their independence and impartiality
but
resolved to press for the amendment of the offensive sections.
In
December 2012, former Commissioner Professor Reginald Austin resigned as
head of the statutory body, citing ‘inhibiting laws’ and a lack of
resources.
Austin said at the time: “The critical reason for my
resignation is the
legal framework … within which the Zimbabwe Human Rights
Commission is
expected now and in the future, to carry out its mandate. As a
national
human rights institution the commission must be independent and
properly
capacitated.”
Although Austin’s resignation had been
expected to be a wake-up call for the
government to address the issues he
raised, nothing was done, with questions
being asked about the state’s
commitment to upholding human rights.
South Africa-based human rights
lawyer Daniel Molokela, said he is not
surprised that ZHRC is suffering from
a lack of funding and support from the
government.
“The situation at
the commission is reflective of the human rights context
in Zimbabwe, where
the post-independence government has always struggled
when it comes to
dealing with the human rights violations.
“The Gukurahundi, Murambatsvina
and the election violence of 2008 all remain
unresolved issues and for as
long as the government set up remains polarised
and compromised, we won’t
see much support being given to the commission.
“Perhaps if there is a
change of government in the next election we may
begin to see an effective
human rights commission.
“Currently, even if the Commission is fully
funded, they will not have any
impact because the very nature of government
funded human rights
institutions, including the police force, are rooted in
the political
dynamic,” Molokela said.
He called for the
institutional overhaul of the ZHRC, saying it would be
more effective if it
was embedded in parliament rather than the political
system.
http://www.voazimbabwe.com/
Blessing Zulu
22.05.2013
WASHINGTON DC — South
Africa’s Finance Minister Pravin Gordhan has
recommended that Zimbabwe sends
its election funding appeal to the Southern
African Development Community
for consideration, contradicting remarks by
the country’s Deputy Foreign
Minister, Ebrahim Ebrahim, last week that
Pretoria was willing to help fund
Zimbabwe’s elections.
Gordhan was responding to questions in the South
African parliament on
reports that Harare had requested funding from
Pretoria.
Reached for comment by VOA, Ebrahim refered all questions to
Gordhan, whose
office said he was unavailable. Cash strapped Zimbabwe needs
about US$132
million to finance elections expected later this
year.
Finance Minister Tendai Biti is on record saying Zimbabwe has
appealed to
regional giants, South Africa and Angola, for election funding.
A senior
South African foreign ministry official told VOA though that biti
is yet to
officially request the country’s southern neighbour for
money.
VOA could not reach Biti who is said to be in China. Zimbabwe had
initially
requested election funding from the United Nations. But Zanu-PF
rejected
what it called “conditions attached to the aid”.
Political
analyst Blessing Vava of the National Constitutional Assembly said
that if
SADC funds the election, it will have more leverage in pushing for
reforms
in Harare.
http://www.swradioafrica.com/
This is Just the Beginning of a Long
Journey
Prof. Arthur G.O. Mutambara, Deputy Prime Minister of
Zimbabwe
22th May 2013, Harare, Zimbabwe
Zimbabwe’s new
constitution has been signed into law. This is a great day
for our nation as
we crafted this document on our own as Zimbabweans without
the supervision
or interference of foreigners. It is a dramatic improvement
on the Lancaster
House constitution. Well done Zimbabwe. We are now masters
of our own
destiny as this new legal dispensation defines the trajectory of
our nation
into posterity. As we celebrate this outstanding achievement, let
us pick up
some lessons as a polity and as a nation.
We must clearly understand why
we were successful in the crafting the new
constitution. We accomplished
this feat because we worked together as Team
Zimbabwe, concentrating on
those things that unite us and de-emphasizing our
differences. We put
Zimbabwe first, above partisan and personal aspirations.
Nation building
values such as unity of purpose, peace, tolerance, national
interest,
emphasis on national sovereignty, inclusiveness, strength in
diversity, and
dignity of difference, are what got us here. We disagreed
without being
disagreeable. Our differences and variation in views and
thoughts were not
antagonistic. No one challenged the sovereignty of
Zimbabwe. The key lesson
is that we are all Zimbabweans. No one group of
persons is more Zimbabwean
than the other. No political party has monopoly
over patriotism. Going
forward, we must maintain the spirit and values that
we deployed in crafting
the new constitution. This enabling national
disposition exercised by the
citizenry should become our way of life and
define our perception of, and
commitment to, nationhood. Specifically, as
we prepare and march towards
our next elections let us clearly understand
and deploy the spirit, value
system and modus operandi that allowed us to
deliver this great document. If
we sincerely do that, it actually means that
it should not matter which
political Party wins in those elections. Zimbabwe
and its people would have
won.
The second message we must grasp as we embrace this new
constitutional
dispensation is that we must believe in, and start living,
the ideals and
provisions of the document. We must cultivate and build the
culture, the
behavior and the tradition of respecting and adhering to the
constitution.
This is called constitutionalism. This is harder than crafting
a
constitution, which is ostensibly a piece of paper. Developing a national
value system rooted in constitutionalism, requires social mobilization,
civic education and leading by example. It requires time and cannot be
proclaimed into existence by a signature. If we look at our short history as
a sovereign nation from 1980 to now, we have done things that are not
provided for in that flawed, and amended several times, Lancaster House
constitution. In other words we as Zimbabwean individuals and institutions
have in various ways violated the Zimbabwean constitution in the past thirty
three years. Laws and rules did not stop us from misbehaving. The message is
that in addition to this piece of paper we have signed, we must develop a
new value system that puts constitutionalism at the center of our thoughts
and actions. That journey starts today. All this must be complemented and
enabled by transformational leadership, innovative institutions and learning
organizations. In fact, constitutionalism is more important than the
constitution.
The last message on this great occasion is that a good
constitution must be
a basis to improve the quality of life and the material
conditions of
citizens. We had animated debates and great conversations
throughout the
country when we were crafting the new constitution. We must
now have the
same level of excitement and vigor about the national economic
agenda,
through the crafting of a shared national economic vision and
national
economic strategy; all rooted in effective implementation. We are a
massively resource rich nation. How can we leverage our natural resources in
pursuit of shared and inclusive economic development and growth? These are
the next challenges of an economic nature that demand the active
participation of the government, the private sector, the civic society, and
the generality of the population. For example, let us see a mobilized
citizenry thoroughly engaged in the discussions to develop a new mining
policy leading to a new Mines and Minerals Act. We have civic organizations
such as the NCA whose primary focus has been to champion the debates around
the crafting of a new constitution. While their work must be acknowledged
and saluted, we need to see more NGOs whose focus will be on the economy,
challenging Zimbabweans to develop and implement economic blueprints and
frameworks. We must never forget matters of sustainable national economic
development and shared economic prosperity. The stomach, the stomach, the
stomach is more important than the constitution.
With the signing of
this constitution we have begun our long and arduous
journey towards a
peaceful, democratic and prosperous Zimbabwe.
I thank
you
Arthur G.O. Mutambara
Deputy Prime Minister, Republic
of Zimbabwe
http://www.swradioafrica.com/
22 May 2013
CLEARING THE MIST: ZLHR
POSITION PAPER ON ELECTIONS AND THE NEW CONSTITUTION
WHICH CONSTITUTION
WILL GUIDE US ON ELECTORAL PROCESSES?
On 22 May 2013, President Robert Mugabe
assented to the Constitution of
Zimbabwe (Amendment No.20) Bill (hereafter
referred to as “the new
Constitution”). It was gazetted on the same day.
This is the “publication
day” of the new Constitution, on which various of
its Chapters have come
into operation. This includes Chapter 7, which deals
with elections. The
only sections of Chapter 7 which have not become
operational, are section
158 (timing of elections), section 160 (number of
constituencies and wards),
and section 161 (delimitation of electoral
boundaries).
In all matters relating to the upcoming electoral process,
therefore,
Chapter 7 of the new Constitution will be the supreme and binding
law.
However the timing of elections will be done in terms of the current
Lancaster House Constitution (hereafter referred to as “the old
Constitution”), whilst constituency and ward boundaries will remain as they
were for the 2008 elections, and there will not be a fresh delimitation
exercise.
So the new Constitution and the old Constitution will be
operating
simultaneously for purposes of the timing of elections. They must
be read
together with the Sixth Schedule of the new Constitution which
contains
provisions to assist during the transition from the old
Constitution to the
new Constitution.
TIMING OF ELECTIONS
The
timing of elections is difficult to estimate and essentially depends on
when
Parliament will complete election-related amendments and when those
amendments become operational (when the President assents to the
amendments), as well as when the voter registration and inspection exercise
is carried out. What follows is the minimum time-frame for various
processes.
1. President Limited in when he can Announce the Date of
an Election
Part 3, Section 8 of the Sixth Schedule stipulates that the first
elections
must be conducted in terms of the Electoral Law in conformity with
the new
Constitution. All action taken must therefore comply with the
provisions of
the new Constitution. As certain electoral processes have
changed in the new
Constitution, the current Electoral Act, regulations, and
other laws and
regulations related to elections must be amended so that they
comply with
the new Constitution. Additionally, there will be need to amend
the Local
Government Act and the Provincial Councils Act. It would also be
folly to
proceed to elections without addressing key reforms of legislation
relating
to media, access to information, public order, criminal procedure
and the
justice delivery system (including the mandate and operations of the
Electoral Court). All of these relate to elections and have been affected by
the new Constitution.
The new Constitution clearly sets out in section
157(5) that all amendments
to the Electoral Law and any other law relating
to elections must be made
before an election date is proclaimed. Once an
election date is announced,
absolutely no amendments can be made to the
Electoral Law or other laws
relating to elections, either by Parliament, or
by the President using his
executive powers under the Presidential Powers
(Temporary Measures) Act. The
President therefore has to wait for all
electoral amendments to be adopted
by both Houses of Parliament and he must
sign them into law before he can
announce an election date. It should be
noted that the Zimbabwe Electoral
Commission (ZEC) must be consulted on all
proposed amendments relating to
elections. If this process is not followed,
the President will be violating
the new Constitution.
2. Mandatory
Voter Registration and Inspection Exercise
Section 6(3) of the Sixth Schedule
specifically states that there shall be a
special and intensive voter
registration and inspection exercise for at
least 30 days after the
publication of the new Constitution. This does not
have to start immediately
after the publication date, and will also be
dependent on preparedness, as
well as adequate human and financial
resourcing of ZEC, which will supervise
the Registrar-General’s (RG) office
during this exercise. There is also a
possibility of extending this 30-day
period if it does not satisfy the needs
of people wishing to register to
vote or inspect the voters’ roll. The
30-day exercise is mandatory and
failure to carry out this exercise after
the new Constitution comes into
effect will be a violation of the new
Constitution by ZEC and the RG’s
office.
3. Proclaiming an Election
Date
At the very earliest, the President could proclaim the date of the
election
15 days before the end of the voter registration and inspection
exercise,
but only if all the amendments to the Electoral Law and other
related laws
have been finalised and are operational. This would mean that,
the day after
the exercise ends, the voters’ roll would close and 14 days
later,
Nomination Court could sit in terms of section 157(3) of the new
Constitution. Polling can then occur – at the very earliest – 30 days after
Nomination Court has sat.
4. Date by which Elections must be
Held
Section 58(1) of the Old Constitution states that a general election
must be
held within a period not exceeding 4 months after Parliament is
dissolved.
If Parliament runs its full course, an election would therefore
have to be
held before 29 October 2013. If Parliament is dissolved earlier
by the
President, elections must be held within 4 months of the date on
which he
dissolves Parliament. In other words the country has four months to
announce
an election date, convene nomination courts, and hold the
polls.
THE PREREQUISITES BEFORE AN ELECTION DATE IS
ANNOUNCED
Particular national processes must occur in terms of the new
Constitution
before an election date can be announced.
(a) All
amendments to the Electoral Law and election-related legislation
must be
finalised and operational.
(b) A 30-day voter registration and inspection
exercise has been carried
out. [If a date is announced after (a) but still
during the voter
registration exercise, the announcement can only be done 15
days before the
end of the voter registration exercise.]
(c) Once an
election date is proclaimed, a minimum of 44 days (14 days
between
proclamation of the date and the sitting of the Nomination Court,
and a
further 30 days between the sitting of the Nomination Court and
Polling Day)
must elapse before actual voting.
(d) The polls must be held within 4
months of the dissolution of
Parliament. [At the latest elections must be
held by 29 October 2013, if
Parliament runs its full course, or
alternatively within 4 months of the
date on which the President dissolves
Parliament.]
For Parliament to extend its life, and/or for the current
government to
extend itself beyond 29 October 2013, there will be need for a
constitutional amendment, possibly together with a new political
agreement.
If the above processes are not complied with there will be a
constitutional
crisis that would give rise to the real probability of
protracted
constitutional litigation.
Zimbabwe Lawyers for Human
Rights
http://www.thezimbabwean.co/
22.05.13
by Tawanda Majoni
I
kick myself for choosing Zanu (PF) as my subject matter once
again.
It would seem as though I am obsessed with the party. Yet, if
you have lived
your life in Zimbabwe since Zanu (PF) took power, you will
understand how
that party has pervaded our lives.
So, I beg the
reader’s indulgence as I try to unpack its suicidal and
contradictory, if
not self-defeating, insistence on a hurried general poll.
As I have pointed
in the past, President Robert Mugabe publicly declared
election dates on
five separate occasions since 2010. But none have seen the
light of
day.
Last December, for instance, the party resolved at its annual
conference
that it wanted the harmonised polls held by March this year, a
date as
untenable as earlier ones, and certainly not more feasible than the
June 29
that Mugabe and his party are touting at the moment with the verve
of a mad
drummer who does not when people stop dancing.
At the onset,
let me clear a possible untidiness. It is a fallacy to refer
to Zanu (PF) as
though it were a homogenous formation. That party is as
unitary as is our
current Government of National Unity, if you see what I
mean! There is a
largely progressive faction, forgive it its own spots, and
there is the
exact opposite, comprising mainly a militant, die-hard coterie
that you
would safely blame for most of the trouble we have endured.
The
relatively sober faction, I dare say, is made up of people who many have
slotted in the so-called Mujuru camp, with one or two extras. The other
camp, you have guessed, is the hard core that has always been pushing for
all the wrong things in this country. This grouping goes beyond the
hard-line politicians ordinarily huddling in the Mnangagwa faction. It
consists also of the securocrats, kleptomaniacs and opportunists who do not
necessarily love Emmerson Mnangagwa or Patrick Chinamasa.
The only
thing that unites the two complex groups is their amazing tendency
to find
solace in history rather the present and future. They are also
united by
their belief that the only person who can guarantee their survival
is Robert
Mugabe, hence the Old Man is always smiling all the way to the
bank as the
groups grovel at him to ensure their preservation.
So, when I mention
Zanu (PF), I am referring to the second group, the one
made up of hardliners
who can easily go to sleep after chopping off the
hands of a grandmother
whose only sin is bearing a child with a non-Zanu
(PF) way of
thinking.
This is the grouping that has always wanted to fast track
post-2008
elections, and for a good number of bad reasons. Never mind the
fact that
Mugabe has been making the public pronouncements. That is illusory
because,
he has no choice but to play along with the hardliners.
He
is walking a tight rope - forced to do whatever he can to ensure he does
not
fall off, especially in his twilight lap. The hard core is full of
clever
spinners who have somehow managed to make him say what they believe
and
want.
I am firmly convinced that the hard core has, all these years, been
busy
weaving a rigging system that it thought would ensure an easy victory
for
Zanu (PF) and themselves. Thus, the longer we go without elections, the
more
exposed that system becomes.
Of course, a cooked voter’s roll is
part of the machinery, but there should
clearly be others that are visible
to the ordinary eye. But, the longer it
takes, the riskier their game
becomes. I am not sure if Mugabe knows this,
but, as a politician who wants
to retain power, there are slim chances of
him dismantling the evil machine
willingly.
The hardliners know very well that their fortunes hinge on
Mugabe’s
presence, and, as other analysts have already pointed out, they
want to make
hay while the Old Man is still agile enough to rally the party.
Because most
of the people in this group lack grassroots popularity, a
disintegrated Zanu
(PF) would be their surest nemesis because it would
expose them. This group
would not survive a minute longer if Mugabe were to
get out of the picture
in one way or another.
Yet there could be
another reason. Obviously, an election victory will not
come on a silver
platter for the larger Zanu (PF), less still for the
hardline Zanu
(PF).
There would therefore be no sane reason why some people from within
would
want to rush a level election. It could therefore be possible that the
hard
core is just putting up a façade and testing the ground. - For
feedback,
please write to majonitt@gmail.com