The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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BreakingNews.ie

Zimbabwe murder hunt after bodies found at bottom of well
12/11/2004 - 17:07:57

Two Britons were missing for over a month in Zimbabwe before their bodies
were found in a well in an exclusive Harare suburb.

The men were named as Kenny James Froud, 39, and Simon Buckley, 40, and
British High Commission spokeswoman Gillian Dare confirmed today that both
were Britons.

A nationwide manhunt is under way for two Zimbabwean men wanted in
connection with the killings, which are believed to have taken place in an
apartment near the well.

The victims' bodies were weighted down with building blocks in 30 feet of
water. One body had a rope around the neck, said police assistant
commissioner Wayne Bvudzijena.

A state radio broadcast said the public were warned not to approach the
suspects, as they could be dangerous.

Bvudzijena said most of the victims' belongings had been stolen from the
apartment they shared.

The bodies were found when a security guard went to draw water from the
well.

Local relatives and friends in Zimbabwe had been anxious about their
whereabouts for some time, said Ms Dare, but police said they were only
contacted when newspapers reported the discovery of their bodies, which were
not identified at that stage.

Despite widespread economic distress, with inflation exceeding 600% in the
past year and two million people dependent on food relief, Zimbabwe has a
low crime rate compared to neighbouring Zambia and South Africa.

The country retains the death penalty for murder. More than 50 men,
including two Frenchmen, have been hanged since independence from Britain in
1980.
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(Four Questions by Trudy Stevenson)
____________________________________________
Hansard Wednesday, 3rd November, 2004

Oral Answers to Questions

MISS. STEVENSON:  My question is directed to the Minister of Foreign Affairs
and in his absence, perhaps the Leader of the House will answer.  I wonder
if it is Government policy to mislead foreign Ambassadors.  The reason I ask
this is that the Minister of Foreign Affairs stated on Monday that it would
be illegal to postpone the elections from March next year, and that is not
true. I wonder if it is now Government policy to mislead foreign
Ambassadors?

THE MINISTER OF JUSTISE, LEGAL AND PARLIAMENTARY AFFAIRS (MR. CHINAMASA):  I
am not aware of the meetings with the Minister of Foreign Affairs and the
Ambassadors accredited to Zimbabwe but let me say that a decision was taken
to announce the 2005 elections and the President went on record.  We want to
depart from the British tradition of ambushing the opposition and throw a
surprise on them.  We did announce as far back as March this year, that we
were going to have elections in March 2005.  Which basically gives the
opposition and anyone who wants to contest twelve months' notice and we feel
that is adequate.  We are not going to change from March 2005 elections.
As to what Hon. Mudenge said, put the question in writing, address it to him
but what is important is the policy that we will not alter the March 2005
elections.
____________________________________________________________
FREEDOM OF RELIGION AND WORSHIP

MISS. STEVENSON:  asked the Minister of Home Affairs to explain:
(a) why the prayer meeting organised by MDC women on the night of Thursday,
14th  Friday, 15th October at NCA offices in Harare was broken up by riot
police;

(b) why the police beat the women, including women Members of Parliament,
even though they complied with the instructions to run away;

(c) whether praying to God to serve Morgan Tsvangirai and the nation is a
political act;

(d) whether members of the police force are competent to decide what is
religious and what is political; and

(e) whether it is now Government policy to interfere with the freedom of
religion and worship enshrined in the Constitution of Zimbabwe.

THE DEPUTY MINISTER OF HOME AFFAIRS (MR CHAPANGA):
(a) Mr. Speaker, there is no report of such a nature that was recorded by
the police during this period.

(b) Like I earlier on stated, there is no record of such cases hence, the
police did not beat anyone.

(c) If people gather to pray without any other intentions, then there will
not be any interference from any quarter.  The police does not interfere as
long as the prayers are done peacefully.

(d) Mr. Speaker, allow me to stress this point that, the police force that
we have is professional and competent enough to distinguish between
political and religious matters.

(e) I would like to inform this august House that the police force does not
interfere with the freedom of religion and worship.  The force can only come
in when there is an element of criminality.

MISS. STEVENSON:  In view of the fact that there has not been any report
made of this breaking up of the prayers by the riot police which Hon.
Mushonga and myself and others were subject to, is the Minister implying
that the police carry out acts which are not then reported to the Ministry?
In which case, how does he exercise his oversight role over the police?

THE DEPUTY MINISTER OF HOME AFFAIRS (MR. CHAPANGA):  The answer is that when
a Member of Parliament originally asked this question, I asked her to put
the question in writing so that we can investigate and come out with an
informed answer.  Here is a written answer.  We have since investigated and
discovered that there was no record whatsoever in respect of this particular
incident.  There is no way as the Ministry we can give answer to an incident
which was never reported and we do not know.  Until we find a record to that
effect, there is no way I can give an answer.

MISS STEVENSON:  Could the Minister inform the House who is in charge of the
activities of the police and whether they do not supervise those?

MR. CHAPANGA:  The Commissioner of Police is responsible for the day to day
activities of the police in the whole country.  Over and above that, the
Minister oversees the Commissioner of Police when it comes to overall
operations of the police.  If one cannot find joy then one goes to the
Minister and that is how the Ministry operates.
If the issue had been reported to any police and there was a record at that
particular police station, we should have been in a clear position to give
an informed answer as to what actually happened and in this respect there
was no report.  Therefore, as the Ministry we are not in a position to give
an informed answer.

Mr BHEBHE: In the Minister's answer earlier on, he indicated tht there was
no record of a meeting that was disrupted and people beaten.  HOn. Khupe was
beaten on her buttocks and she came to be treated here at Parliament.  If
the Minister did proper investigations on the whole issue, why does he not
pick on that instead of misleading this Hon. House?

MR CHIPANGA: I never said in this House that nobody was beaten up.  I did
not say that.  I said there was no record to indicate that this particular
incident wasreported to a police station.  This is what makes it difficult
for us to investigate.  HOn. Khupe was beaten up - I am not in a position to
say whether shewas beaten up or not.  That is what I said. If she was beaten
up in this particular incident, I do not know.  The answer I gave is that
there is no record of this incident having been reported to any police
station.  Perhaps they can come up with an RC number so that we can take it
further, otherwise there is no record as of now.

MRS MISIHAIRABWI-MUSHONGA: Perhaps I am not getting you right.  Are you
saying the fact that we were beaten we were supposed  to go and report to a
police station that we were beaten up?  This was not just a general group of
people coming to beat us, there were policemen that came and disrupted the
prayer meeting.  So are you saying if any member of the public is praying
and is beaten up by the police he or she should go and report to the police?

Mr CHIPANGA: Let me take this opportunity to enlighten the Hon member on the
hierarchy and levels of the police force.  If say one is beaten up by a
policeman, one may not go to that particular policeman to report but one has
a right to go to the next level who is the Officer-in-Charge.  If one was
beaten by an Officer-in-Chaarge of a particular police station, there is a
higher level until they get up to the Commissioner of Police.  I am not
saying that they were beaten up; what I am advising is that if one is beaten
up by the police, one is advised to go to another police station.  If one
does not get any joy, one can then say that I reported and no action was
taken.  From what I seem to gather it looks like the matter was never
reported.  Therefore there is no record.
_______________________________________________________________
PROVISION OF BUSES BY ZUPCO

MISS. STEVENSON:  asked the Minister of Local Government, Public Works and
National Housing whether it is true that ZUPCO is re-tendering for the
provision of buses when three local companies has already been awarded
tenders and started preparing orders, and if so, to explain the rationale
and legality of this move.

THE DEPUTY MINISTER OF LOCAL GOVERNMENT, PUBLIC WORS AND NATIONAL HOUSING
(CHIEF CHARUMBIRA):  I would like to thank the Hon. Stevenson for this
question.

It is true that a tender to supply 250 buses to ZUPCO was won by three
companies; Dahmer and company, Devon Engineering and Zimbabwe Motor
Distributors.  It is also true that the State Procurement Board, and not
ZUPCO as stated in this question, is retendering for some of these buses.
This resulted in the fact that, in line with Government policies to promote
local industries, the State Procurement Board specified in the tender that
the buses should be locally manufactured.

The original Cabinet decision stated that the 250 buses, being purchased by
ZUPCO, should be supplied in two forms; 150 buses on wheels, that is
complete, operational units, and 100 buses in kit form to be locally
assembled.  This decision was made following the depth discussions in
Cabinet on the Urban Transport situation and taking cognisance of the need
for an urgent intervention to alleviate the transport shortfall.  The long
queues and many wasted  hours spent by our people at bus stops has been
caused by an increase in the commuter population and decrease in private
sector operators, both of which will be exacerbated by the onset of the
rainy season.  With this pathetic scenario in mind, there is a great sense
of urgency in the need to have buses on the roads now – a notion even
members on the other side on this House would surely support.

None of the companies who responded to the original tender were able to
supply the completed buses and as such it was agreed that the tender would
be refloated for 150 buses on wheels to meet the immediate short-term need
whilst the three companies are acquiring the remaining 100 buses in kit form
and locally assembling them.
My Ministry wishes to assure this House that the demand for buses by ZUPCO
is not limited to this tender and I will be asking you to make an allocation
for additional buses when we consider the Budget for 2005.  Funds allocated
in 2005 Budget, which will be available in two months time, will ensure the
local bus manufacturing industry is kept busy.

MISS. STEVENSON:  Could you assure the House that there will be no penalty
to be paid by Government, or maybe all these companies will be able to go to
court and sue Government because of the withdrawal of the tender?

CHIEF CHARUMBIRA:  This matter before the re-tendering was discussed with
the three companies involved with the State Procurement Board and
re-tendering is in agreement with the three companies.
_________________________________________________________________
FLYPAST OF TWO MIG JETS OVER THE HIGH COURT

MISS. STEVENSON:  asked Minister of Defence:
(a) To explain the purpose of the fly past by two MIG jets over the High
Court in Harare at the commencement of the reading of the judgement of
Morgan Tsvangirai on the charge of treason on Friday 15th October 2004.

(b) To inform the House of the cost of MIG to make a fly past over Harare
and

(c) To inform the House of the total cost of the three fly past by two MIGs
on Friday 15th October 2004.

THE MINISTER OF DEFENCE (DR SEKERAMAI): The Hon. Mrs Stevenson’s allegation
that there was a fly past by two MIG jets over the High Court on the 15th of
October 2004 at the commencement of the Tsvangirai is not true.

May I advise the House Mr Speaker, that there was no MIG Aircraft that flew
past the High Court, rather it was 2xF7 aircraft that were undertaking
routine training of our pilots.  Such training is not affected by events
that take place at High Court or any other location in or outside Zimbabwe.
Normally fly flights past are done over cities where national events are
held for example opening of Parliament.  In this case the planes were on
routine training exercise and the flights over the High Court were fairly
incidental.  The training programme for pilots and any ZDF members goes on
as scheduled and the expenses that are associated with this are not for
public consumption.  However, the yearly allocation for training in both the
Army and the Air Force are clearly spelt out in the Blue Book.

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Mmegi

      Police deny reports of Zim political wars

      RYDER GABATHUSE
      Staff Writer
      11/12/2004 2:25:36 PM (GMT +2)

      FRANCISTOWN: Kutlwano police have dismissed reports that rival
Zimbabwean political operatives are fighting their wars in Botswana. The
reports said that Movement for Democratic Change (MDC) activists and their
rivals from the ruling ZANU-PF were fighting each other in Botswana.

      The allegations surfaced recently following the discovery of a
29-year-old Zimbabwean with a 'blown' leg in the thickets just behind Naledi
Motors, near the low-income location of Somerset East.

      Reports indicate that he was discovered by passers-by who immediately
notified the police. The man reportedly said he had been shot by unknown
people.

      Of late, there have been unconfirmed reports of ZANU-PF and MDC
operatives clashing in the thickets around the border village of
Ramokgwebana. Robberies, assault, rapes and general harassment by
Shona-Ndebele speaking men wielding machetes have been reported along the
Botswana side of the border.

      Dismissing the reports, detective superintendent Mosalagae Moseki told
Mmegi that there is nothing linking the injured man to political
confrontation.

      "According to the man's story, he was shot on October 28 in the early
hours of the morning. He claimed to have been seeking refuge in a
residential place in Block-One as it was raining," explained Moseki.

      He indicated that the man could have been discovered several hours
after the incident as he hid in the thickets nursing his wound.

      "He has lost three of the toes on his right foot and he is currently
admitted at the Nyangabgwe Referral Hospital," he said.

      Police reported that the man has not been helpful, as he has been
giving them conflicting versions of circumstances surrounding his injury.

      Mmegi has been informed that the Zimbabwe Police was early this month
invited to Francistown, to conduct investigations.

      "The man was able to tell them exactly what happened," he said.

      Last December, a 22-year-old Zimbabwean student and opposition
activist fled into Botswana alleging that his life was in danger. He visited
Mmegi office in Francistown to tell his story.

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Daily News online edition

      Coalition attacks tightening of Press law

      Date:13-Nov, 2004

      HARARE - The Crisis in Zimbabwe Coalition has condemned the passage of
the Access to Information and Protection of Privacy Amendment Bill by
Parliament saying it violated the Southern African Development Community
(SADC) principles and guidelines governing democratic elections.

      The coalition said the amendments to AIPPA "show a determination by
Zanu PF to establish a pariah state."

      The amendments defy Section 7.5 of the SADC principles and guidelines
which compel member states to safeguard, the human and civil liberties of
all citizens including the freedom of movement, assembly, association and
expression.

      Forty-one ruling Zanu legislators agreed that journalists found
practising without accreditation would be fined or sentenced to two years'
imprisonment while 37 opposition MDC MPs opposed the amendment.

      The coalition condemned the use of law to settle political scores with
certain sections of the media that are deemed critical of official policies.

      "Laws are made to serve the national interest and not parochial party
political interests as Zimbabwe has witnessed since Moyo was appointed
junior minister following the violent June 2000 parliamentary election."

      Information and Publicity Minister, Jonathan Moyo said the amendment
is intended to "protect the state from attacks by enemies of the country."

      Under the Bill only one organisation, instead of two, has to nominate
members to sit on the Media and Information Commission (MIC) the body
responsible for registering and deregistering journalists and newspapers.

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Deporting illegal Zimbabweans drain on govt

[ This report does not necessarily reflect the views of the United Nations]

JOHANNESBURG, 12 Nov 2004 (IRIN) - Immigration authorities in Botswana said
on Friday that the repatriation of almost 2,500 illegal Zimbabweans each
month was a drain on resources.

Chief immigration officer Roy Sekgororoane told IRIN that about 150,000 pula
(US $32,000) was being spent every month on food for the illegal immigrants
and transporting them across the border.

Since 2002 Zimbabweans have flocked to neighbouring Botswana in search of
economic opportunities. The influx has sparked reports accusing Botswana
officials of ill-treating Zimbabweans in the country, but Sekgororoane
denied the allegations, saying, "if there are incidents of ill-treatment",
these were "isolated".

"There is no systematic attempt to mistreat the Zimbabweans. If this is
occurring, we have called for the incident to be reported immediately, and
action will be taken against the perpetrators," he said.

He also denied that an electric fence Botswana has been constructing on its
frontier with Zimbabwe was to control the movement of illegal immigrants
from Zimbabwe.

"The fence has nothing to do with keeping people out of the country. Neither
the immigration department nor the home affairs ministry has anything to do
with its construction - this is an initiative of the ministry of agriculture
and is aimed at controlling the movement of livestock," Sekgororoane said.
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Union Network

12.11.2004
Statement on the current situation in Zimbabwe

6th MEETING OF THE UNI WORLD EXECUTIVE BOARD
Nyon, 11-12 November 2004

The UNI World Executive Board meeting in Nyon on 11-12 November 2004
expresses increasing concern at the deteriorating situation in Zimbabwe.

The World Executive Board notes that:

· the people of Zimbabwe are suffering acute shortages of basic goods and
services including money in circulation and local cash;
· 80% of the Zimbabwean economically active population is now unemployed;
· 980 Zimpost workers have been suspended and many dismissed for taking part
in legal strike action;
· despite a settlement having been agreed with Zimpost and assurance from
the management that all workers would be able to return to work, several
hundred remain suspended or dismissed;
· 2,200 TelOne workers remain suspended and on strike despite a court order
in their favour and the best efforts of the CASWUZ to resume negotiations
concerning their wages and salary payments;
· despite a court order ruling in favour of the TelOne workers, they remain
suspended;
· in Zimbank 250 workers have been summarily dismissed for taking part in a
legal 3 hour protest;
· Sable Chemicals workers were forced to buy Zanu PF membership cards before
they were allowed to return to work after being suspended for taking part in
legal strike action;
· 24 workers have been dismissed at Carnaud Metal Box - Metal Packaging
Division (100% owned by Nampak) for participating in a lawful industrial
action;
· the Hunyani Flexible and Corrugated Products (50% owned by Nampak)
dismissed the workers' committee chairman Mr. Lazarus Chitsungo for
allegedly inciting workers to take grievances to management;
· the ZCTU President Lovemore Matombo has been dismissed from Zimpost and
faces several criminal charges relating to his legitimate union activities;
· a delegation from COSATU, South Africa, in ZImbabwe to discuss
international trade union issues with Zimbabwe unions, was forcibly expelled
from the country.

The UNI World Executive Board deplores the situation where the police and
military are being used with impunity by the Government to substitute for
workers legally on strike and to harass workers and initiate violence
against those workers taking legitimate industrial action.

This UNI World Executive Board therefore calls upon the Government of
Zimbabwe to take action to restore proper industrial relations in the
country and to uphold the Constitution, which guarantees freedom of
expression. Further it calls upon the Government to take immediate action to
guarantee that the decisions of the Courts concerning workers' rights and
industrial disputes will be upheld and implemented according to the Court's
wishes. The practice of using the police and military to harass and
violently attack workers is totally unacceptable and the World Executive
demands that the Government take urgent action to stop this violence,
harassment and the militarization of industrial disputes.

Further, the UNI World Executive demands that:

· Zimpost immediately implement the agreement reached between management and
the CASWUZ on a salary increase;
· Zimpost immediately honour the agreement that all workers are allowed to
return to work without penalty and all suspensions and dismissal notices be
withdrawn forthwith;
· TelOne immediately recommence negotiations with the CASWUZ and implement
the court order to reinstate without penalty all workers illegally suspended
during the current strike;
· Zimbank immediately reinstates the 250 workers dismissed and immediately
recommence negotiations;
· Carnaud Metal Box immediately reinstates the 24 workers dismissed for
having taken part in lawful industrial action;
· Hunyani Flexible and Corrugated Products immediately reinstates dismissed
workers' committee chairman Mr. Lazarus Chitsungo;
· All criminal charges against the ZCTU President Lovemore Matombo be
immediately dropped, that he be reinstated in his job in Zimpost and be
allowed to carry out his trade union duties without harassment or fear of
violence or arrest.
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New Zimbabwe

Two Zanu PF MPs lose parliamentary seats

By Takunda Maodza
Last updated: 11/12/2004 21:51:10
TWO Zanu PF legislators - Jaison Kokerai Machaya of Gokwe South and Elleck
Mkandla, Gokwe North - have lost their seats after the Supreme Court upheld
the nullification of the outcome of the 2000 parliamentary elections by the
High Court.

MDC chief whip, Innocent Gonese, this week wrote to the Speaker of
Parliament, Emmerson Mnangagwa, urging him to declare the two Gokwe seats
vacant.
Machaya and Mkandla defeated opposition MDC candidates Lameck Nkiwane
Muyambi and Sibangani Mlandu in the elections.

Muyambi and Mlandu went on to file an application in the High Court seeking
the nullification of the outcome of the election, claiming that it was
marred by violence, which they attributed to the ruling party.

On January 15, 2003, High Court judge Justice Rita Makarau handed down a
judgment in favour of the MDC legislators. Machaya and Mkandla, through
their lawyer Ngoni Ruzengwe of Ziumbe and Mtambanengwe Legal Practitioners,
appealed against the ruling on January 31, 2003.

The Supreme Court Registrar then wrote a letter to Ruzengwe on May 20, 2004,
calling upon him to file heads of argument with the court within 15 business
days from the date of service of the letter. Ruzengwe did not file the heads
of argument as required, leading the court to strike the appeal off its
register.

However, the lawyer claimed that he failed to file the heads of arguments
because he did not have access to some records from the High Court
Registrar, which were necessary for that process.

"We then set out to get a copy of the record from the Registrar of the High
Court but we were not availed with any, as we were told the records could
not be located," said Ruzengwe.

He said the records were necessary, as the late Advocate Matika, who had
appeared for the ruling party legislators during trial, had not left clear
records as to what had transpired.

"Accordingly, we failed to do our heads of argument in time. We have not
received any copy of records from the High Court Registrar," added Ruzengwe.

He said the only communication they received from the Registrar advised them
that their appeal was regarded as abandoned.

"Accordingly, we submit that our failure to file heads of argument was
neither deliberate failure nor was it due to tardiness on our part. Rather,
it was due to administrative deficiencies at the High Court.

"We aver that this cannot be visited on our client," added Ruzengwe.
The lawyer said his clients had bona fide cases, which if judged on merit,
could prove that Makarau had erred in her findings that the appellants
committed corrupt practices in the elections.

"Even if assuming (but not admitting) that acting through their agents the
appellants committed corrupt practices in the election, she (Makarau) erred
in finding that such corrupt or illegal practices were in such a nature as
to warrant the invalidation of the applicants' elections as evidence adduced
did not reveal that the applicants or their agents failed and/or neglected
to take any precautions to prevent the commission of the practices at the
election," argued Ruzengwe.

However, on October 14, 2004, the Supreme Court Registrar wrote a letter to
Machaya and Mkandla's lawyer stating that the appeal had been deemed to have
had been abandoned.

"The Supreme Court Registrar's letter on October 14 2004 . . . advised that
the appeal had been deemed abandoned and thus dismissed and further that he
was returning the record of appeal to your office to enable respondent to
execute the High Court judgment," read a letter from Ruzengwe to the Supreme
Court Registrar, dated November 8, 2004, seeking the reinstatement of the
appeal.

"As such, we request your office to put on hold the execution of the High
Court judgment pending our client's application for reinstatement of the
appeal," said Ruzengwe.

Gonese on Wednesday wrote a letter to speaker of Parliament Emmerson
Mnangagwa imploring him to declare Machaya and Mkandla's seats vacant.
Read Gonese's letter: "I refer to the appeals by the Honourable Jaison
Kokerai Machaya and Honourable Elleck Mkandla of the Supreme Court, which
have been dismissed for want of prosecution copies of the letters written by
the Registrar of the Court to the lawyers of the said Honourable members,
who were the appellants . . . It is evident that with the dismissal of the
appeals, the previous High Court judgments stand and in terms of section 136
(3) (C) (1) of the Electoral Act, the 'seats shall forthwith become vacant'.

"I write to you to invoke the mandatory provisions of the said Act and
declare the seats of the two Honourable members vacant," implored Gonese.
Daily Mirror

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Dispatch, SA

The People Shall Share

LASHED by South African and Zimbabwean governments - for daring to attempt a
fact-finding visit to our unhappy neighbour - the Congress of South African
Trade Unions again finds itself insulted and outraged by government action.

There is an unfortunate parallel in the two incidents. The main
beneficiaries of the farm seizures in Zimbabwe now appear to be high-ranking
associates of Robert Mugabe's ruling Zanu(PF) party, the only ones with the
capital needed to operate farms productively.

On Monday night President Thabo Mbeki announced one of the biggest black
empowerment deals in history - a R6bn share of the telephone monopoly
Telkom, amounting to 15,1% - shares held for the past seven years by
Malaysian-US consortium Thintana. Their resale required the approval of
President Mbeki, Finance Minister Trevor Manuel and Trade and Industries
Minister Alec Erwin.

But they went to a "handful of politically connected and politically active"
comrades, as Business Day put it, including chief party spokesman and head
of presidency Smuts Ngonyama; former communications director-general Andile
Ngcaba, and former Transnet finance director Gloria Serobe. Ngcaba is also
chairman of Dimension Data, an information technology group which,
conveniently, does millions in business with Telkom.

Not that we have any objection to anybody getting very, very rich, so long
as what they get comes by dint of hard work, imagination, innovation or
enterprise. Inheritance much above R1m is heavily taxed.

By way of scale, R6bn would build about 300000 new-model RDP houses,
more-or-less buy the South African Navy, or fund all teachers and schools in
the Eastern Cape for about eight months.

All of it going to kissing cousins of those who had to approve the deal. The
source of the wealth is a national public utility company which has a
monopoly of landline telecommunications and regularly raises its call
charges.

And it is taking place in a country where the gap between rich and poor is
among the highest in the world, calculated by the formula of Italian
mathematician Corrado Gini.

Surely this is not the reason why good people labour long and hard to come
up with laws and charters to drive black economic empowerment, nor the
reason why businesses agree to sell off large shareholdings at bargain
basement prices. Surely not what the voters expected when they marked their
crosses for the ANC in April.

Surely not what the Kliptown delegates had in mind 49-and-a-half years ago
when they wrote: "The People Shall Share in the Country's Wealth!

"The national wealth of our country, the heritage of South Africans, shall
be restored to the people; The mineral wealth beneath the soil, the banks
and monopoly industry shall be transferred to the ownership of the people as
a whole; All other industry and trade shall be controlled to assist the
wellbeing of the people..."

Sentiments of nationalisation may have become less popular since then, but
surely not the spirit which drove those lines.

To create billionaires from national assets while millions do not have
enough to eat is disgraceful.

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JAG JOB OPPORTUNITIES: Updated 11th November 2004

Please send any classified adverts for publication in this newsletter to:
JAG Job Opportunities jag@mango.zw
--------------------------------------------------------------------------

1.  Advert Received 4th November 2004

We are looking to subsidise a Pensioners pension, and have him work in our
workshop as a workshop administrator.  He must be reasonably fit, have an
engineering background and be able to get himself to work in Workington
Harare.
Contact trudy@zol.co.zw
_____________________________________________

2.  Advert Received 5th November 2004

Vacancy - School Principal/Head, Harriston School Harrismith South Africa

Harriston is a small private school in Harrismith, South Africa. It is a
co-ed school, and has both a junior and senior section.
The vacancy falls due at the end of the first term of 2005.
Anyone interested is invited to fax a CV to 058 622 3896.
______________________________________________

3.  Advert Received 5th November 2004
        (Repeat Advert)

Dear Sir / Madam,

I was given your e-mail address by a Zimbabwean now working up here. We are
a large-scale rain-fed wheat and barley growing farming company based on
West Kilimanjaro, Northern Tanzania.  We are currently looking for two
young recent Agricultural College graduates to strengthen our management
team.  One should have "field" interests, whilst the other should have
machinery interests.

I would be grateful if you could let me know if there is any possibility of
advertising on your website.

Yours,
Luke Edwards."--"

email address: Mountainside@bushlink.co.tz

THIS IS RADIO E-MAIL.  PLEASE LIMIT MESSAGES TO 10kb.
DO NOT INCLUDE ATTACHMENTS OR ORIGINAL MESSAGES.
Mountainside Farms Co. Ltd.
P.O. Box 14664
Arusha
TANZANIA
_____________________________________________

4.  Advert Received 8th November 2004

Mature and very experienced switchboard operator seeking position ,
industrial sites or Msasa or town. Received telephonist of the year
certificate for large international insurance firm. Lovely personality an
asset to any company.
Please phone Brenda 496507 home after hours or business 702811 for referral
details.
______________________________________________

5.  Advert Received 8th November 2004

Looking for Computer Literate person to do secretarial work, prepared to
work out of Zimbabwe and to travel to Malawi for extended periods. Would
need to be Single to fit in with this requirement.

Mostly E-mail correspondence, Word and Excel.
Contact 011-219800
_______________________________________________

6.  Advert Received 10th November 2004

WANTED:

2 Domestic Workers - Husband and Wife.
Wife to work in the house whose duties would include housework, washing and
ironing and some cooking.
Husband to work in the garden.

To start Janaury 2005
Contact Nicky Sandeman on 011 630 803, 746045, 746408
______________________________________________

7.  Advert Received 10th November 2004
 THE ADVERT

www.themerrycrab.co.za

Capable, vibrant live-wire needed

asap to run beach bush resort.

Mature, reliable, presentable,

people-person, good sense of humour.

Catering, bar, housekeeping, reception exp.

No encumbrances (baby/children/pets), reliable car

Can work weekends, public holidays, evenings.

Package includes board & lodging, good incentives

.e-mail CV, references, last salary, recent photo

 to: stay@themerrycrab.co.za /

fax 039 319 2569
______________________________________________

8.  Advert Received 10th November 2004

UPMARKET SAFARI ACCESSORY BUSINESS WWW.MELVILLANDMOON.COM SEEKS A
PERSONABLE FRONT OFFICE PERSON TO RUN AN INFORMAL JOHANNESBURG SHOWROOM AS
WELL AS ASSIST WITH EXHIBITIONS AND SHOWS. STRONG SELLING SKILLS, A LOVE OF
SAFARI AND AN OUTGOING PERSONALITY ESSENTIAL. KINDLY CONTACT
ROB@MELVILLANDMOON.COM
 --------------------------------------------------------------------------
For the latest listings of accommodation available for farmers, contact
justiceforagriculture@zol.co.zw
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JUSTICE FOR AGRICULTURE LEGAL COMMUNIQUÉ - 12th November 2004

Email: jag@mango.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

---------------------------------------------------------------------------

The judgement on the Quinnell Case was handed down in the Supreme Court
yesterday (11th November 2004), by Judges Malaba, Sandura and Ziyambi.

The case was dismissed without the awarding of costs.

Justice Malaba made the ruling which was concurred with by Justices
Chidyausiku, Cheda and Ziyambi.  Justice Wilson Sandura disagreed with the
majority judgement stating the Land Acquisition Amendment Bill was not
lawfully enacted and was invalid.

Rather than send out the 45 page judgement in its entirety we have asked a
highly respected senior constitutional lawyer to do a legal analysis of the
judgement for distribution. For anyone wanting the comprehensive (45 page)
judgement it is available electronically on request.
---------------------------------------------------------------------------

THE JAG TEAM

JAG Hotlines:
(091) 261 862 If you are in trouble or need advice,
(011) 205 374
(011) 863 354 please don't hesitate to contact us -
(011) 431 068
                                we're here to help!
263 4 799 410 Office Lines

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JAG OPEN LETTER FORUM 12th November 2004

Email: jag@mango.zw ; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

Please send any material for publication in the Open Letter Forum to
justice@telco.co.zw with "For Open Letter Forum" in the subject line.

---------------------------------------------------------------------------
JAG OLF 312
---------------------------------------------------------------------------
THOUGHT FOR THE DAY

"Plato condemned it.
Aristotle, his pupil, spoke in its defense.
The debate over rhetoric has raged back and forth ever since."
Andrew B Wilson
_____________________________________________

OPEN LETTER FORUM

Letter 1.  Subject: Open Letter Forum
Dear JAG

Nationalisation of the banks

On Friday a week ago, the Reserve Bank Governor nationalized a number of
indigenous banks with effect from 1 January 2005. By allowing them access
to the Troubled Banks Fund he made them dependent on the Central Bank. He
then closed them down and put them under curatorship. Now he intends to
call their loans in and convert this into Capital in the new Zimbabwe
Allied Banking Group,a new bank to be controlled by the Reserve Bank and
through them, the Government.

So once again, what happens to our property rights?

First the white commercial farmers had their land taken away without
compensation.Then the teachers lost their right to teach without bias. The
judges lost their right to make human rights decisions based on law. The
NGO's lost their rights to help the people of our country. The new farmers
lost their right to sell their maize to their families and friends. The
politicians lost their freedom of expression in parliament. And so the list
of losses went on.

So many people have lost their life savings in these indigenous banks. Old
age pensioners. Young people's savings Working people's salaries. Business
capital. The Government allowed the banking sector to go out of control.
They allowed the indigenous businessmen to circumvent the banking
rules....until it no longer suited them. Now they clamp down. The damage is
huge. The cost to our country immeasurable ....and the human cost
intolerable.

But we all sit and watch. What are we going to do now?

Simply Simon
_____________________________________________

Letter 2.  Subject: Parliament: Announcement of
                    Adverse Reports, presentation of Reports
                    on Food Stocks and NSSA

Dear JAG

Today the Speaker announced Adverse Reports received from the PLC on NGO
Bill, Electoral Bill and Criminal Law (Codification and Reform) Bill.  The
House has adjourned until Tuesday, when the Reports may be presented and
debated.  Meanwhile debate on the Adverse Report on the Zimbabwe Electoral
Commission Bill has not yet resumed.

Committee Reports on Food Stocks and NSSA were presented this afternoon.
Government is criticising the Food Stocks report, which warns that "the
country is likely to stock out before the next harvest" and that in fact we
have maize for only 3 months.  Matabeleland South was forecast to produce
109 178 tons of maize, but GMB had only received 362 tons by 10 September,
ie 0.3% of the forecast.  GMB had only received 1.3% of the forecast from
Masvingo, 1.4% from Matabeleland North and 3.9% from Midlands.

Trudy Stevenson
_____________________________________________

Letter 3.  Subject: Produce

Dear Jag,
I have seen produce from Zim in various Woolworths Food Shops in the
Western Cape where I am now living, but have not managed to find out if it
is from stolen farms.  I phoned a couple of times to their head office but
the answers were very evasive.  Please see if you can find out more and
advise.  I don't want to buy stolen produce.
Thanks and regards,
Betty Casciati (ex Zim)
______________________________________________

Letter 4.  Subject: Stolen Crops and European Buyers

Hi Anne,

Have you contacted Justice for Agriculture (JAG). I know that they have
been at the forefront of data collection of losses. They should have some
information or possibly names of people who you can contact. I will BCC
this mail to others in the hope that they might contact you with
information

cheers
chris
----- Original Message -----
From: "ann wayne" <annwayne14@hotmail.com>
| Hello Chris -
|
| My name is Anne; I got a copy of your message to Mike Clark, who I have
| worked with before. I'm a British journalist trying to track down the
| European buyers of illegally-seized Zimbabwean crops...well, I think
you've
| seen the email!
|
| If there is a list anywhere of farmers who have had their crops seized and
| sold to European companies, it would be extremely helpful if I could see
it.
| I'm eager to speak to farmers from all sectors - flowers, tobacco,
| vegetables, fruit, you name it. We'd really like to put the story in this
| Sunday's paper, if possible, but it will take a bit of time as The Sunday
| Telegraph have to be very sure of our legal position before we nail
Tesco's
| et al. I'll probably also sell the story to the South African press, and
| possibly the South China Morning Post (although I understand that the
links
| with China are more industrial and financial than agricultural, there is
| still a lot of interest in Zimbabwe). Please circulate this email to
anyone
| you think has been affected by this problem.
|
| Thank you.
|
| Anne Wayne
| + 44 7967 276829 or + 44 207 538 7409
______________________________________________

Letter 5.  Subject: Thank you

Dear JAG

A big thank you to the kind person(s) who responded so promptly to my
request for help in locating Don Stotter. Such kindness goes a long way to
restoring one's faith in mankind, and I am sure Pat & Carol in Durban are
most grateful too.

Thank you, and kind regards.
John Lawson

---------------------------------------------------------------------------
All letters published on the open Letter Forum are the views and opinions
of the submitters, and do not represent the official viewpoint of Justice
for Agriculture.
---------------------------------------------------------------------------

THE JAG TEAM

JAG Hotlines:
(091) 261 862 If you are in trouble or need advice,
(011) 205 374
(011) 863 354 please don't hesitate to contact us -
(011) 431 068
                                we're here to help!
263 4 799 410 Office Lines
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JUSTICE FOR AGRICULTURE PUBLIC RELATIONS COMMUNIQUÉ NO. 2 - 12th November,
2004

Email: jag@mango.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

--------------------------------------------------------------------------
Court Throws Out Appeal

Independent Business Digest 12th November 2004-11-12

ZIMBABWE'S constitutional court threw out a challenge to land laws under
which thousands of white-owned farms have been seized under President
Robert Mugabe's controversial land reform programme, brought by farmer
George Quinnell who lost his farm two years ago, had no merit.

The application, which took two years to come to court, challenged the Land
Acquisition Amendment Act, signed shortly after Mugabe won a fifth term in
office in 2002.

Had the application been successful Quinnell would have had his eviction
notice overturned, had parts of the land law declared unconstitutional, and
opened the floodgates for thousands of similar appeals by white farmers.

But Justice Luke Malaba, whose judgement was supported by three other
judges, dismissed the application.

He did not give reasons for his ruling, but a copy of the judgement
obtained by AFP said that the application had been "unsuccessful on all the
constitutional questions referred for determination."

Quinnell's lawyers had earlier this year argued that the law was
unconstitutional because it was introduced to parliament in violation of
parliamentary procedure.

They also criticised a provision giving farmers just 45 days, instead of 90
days in the original law, to pack up their operations and leave farms that
some had occupied for decades.

But four out of the five judges said the amendments to the land act could
not be made invalid by "a technical violation of rules enacted by
parliament".

On the issue of the 45-day eviction notice the judges agreed that "public
interest overrides the private interests of individual landowners".

But a fifth judge, Wilson Sandura ruled in favour of Quinnell, saying that
the land law "was not lawfully enacted and is, therefore, invalid and of no
force or effect."

The land reform programme has been criticised by aid organisations for
severely cutting agricultural output and jeopardising food security in the
southern African country, once dubbed the region's "bread basket".

One organisation this week estimated that more that 2,2 million rural
Zimbabweans will need food aid before the next harvest in March, but the
government disputes the need for food aid, saying the country will this
year produce more food than it can consume.  ---- AFP.

---------------------------------------------------------------------------

THE JAG TEAM

JAG Hotlines:
(091) 261 862 If you are in trouble or need advice,
(011) 205 374
(011) 863 354 please don't hesitate to contact us -
(011) 431 068
                                we're here to help!
263 4 799 410 Office Lines
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Zim Online

19 POLICE OFFICERS SUSPENDED FOR GOLD SMUGGLING
Sat 13 November 2004

      HARARE - Police authorities have suspended 19 officers for smuggling
gold to neighbouring Mozambique.

      The officers, who were based in Chipinge town in Manicaland province,
were allegedly involved in a gold smuggling syndicate that also included
about 100 illegal gold panners said to have been the source of the gold
exported by the law enforcement officers.

      ZimOnline could not immediately establish the amount of gold siphoned
to Mozambique by the syndicate but police sources said "it was a substantial
quantity as the syndicate had operated for a very long time."

      Police spokesman Wayne Bvudzijena last night confirmed the incident
but said he could not give further details as investigations were still
underway. He said: "We have received such information and we have since
arrested one of the accused but investigations are continuing."

      The suspended policemen would provide protection for their panning
agents and would also warn them of all planned police raids to arrest
illegal gold panners in the area.

      According to the sources, an inspector and a sergeant headed the gold
panning and smuggling ring. Prices of gold in Zimbabwe are depressed making
exports lucrative.

      Local official buyers pay $92 000 per gram while on the "black
market", a gram of the precious metal is sold for double that amount.

      Smugglers can even fetch better rates if they take the metal to South
Africa where it is said to fetch between R250 and R300 per gram depending on
quality. - ZimOnline

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Zim Online

Bleeding workers hope for a tax break
Sat 13 November 2004

      HARARE - When Zimbabwe's acting Finance Minister, Herbert Murerwa,
presents the government's budget for 2005 in two weeks time, Sipho Ndou, a
salesman with a Harare advertising firm, will be glued to the television
screen.

      Not that Murerwa is his favourite politician in this
politically-charged country. But, as he puts it: "Come budget day, I will
have no choice. I will have to monitor the budget presentation on television
because I am anxious to know what the minister will have in store for me."

      "I pray and hope this government will this time reduce the current
high taxation of individual workers," Ndou said, warming up to the
conversation as we cooled down the heat of the day at the The Beer Engine, a
popular club here in the capital.

      He added: "If the government has its people at heart, it should do
something because we can't have nearly half of our salaries going to the
state as tax."

      As I count the few notes in my wallet to buy a "round", Ndou narrates
to me that he earns Z$3,5 million at the advertising agency, which after
tax, medical aid, pension deductions, he is left with $1.7 million as take
home.

      Ndou rents a one bed-roomed flat in Harare's Avenues, a mixed
residential and office area close to the town. He says he pays $1 million
for the flat and this before water and electricity charges are added.

       "I am left with nothing. I am lucky that my flat is near my workplace
so I do not incur any transport costs because I walk there. But I am pinning
my hopes on Murerwa to reduce personal tax to about 15 percent," he added.

      His story is not news to most of the patrons here as we soon
discovered.

      Another regular here, Tendai Shiri, who works as a boilermaker for a
Harare foundry firm, chips into the conversation. "What I pay in tax is more
than what I take to my wife and kids," he says, adding, "I wonder where the
government is taking all this money it is depriving us."

      With taxes in some cases as high as 45 percent of gross salary, the
few Zimbabweans who are lucky to hold a job are some of the highest taxed
workers in the world.

      Zimbabwean firms pay about 30 percent of gross income in tax, a
situation most workers say is grossly unfair.

      "Surely how can a poor labourer pay more tax than a rich
multi-national corporation, where is the logic in that?" says Joseph
Mashanga, who works for an accounting firm just across the street.

      According to economic analysts, contribution from personal tax has
increased from 27 percent of total revenue between 1990 and 1995 to 38
percent in 2001.

      In the 2004 national budget mid-term review, Murerwa revealed that
individual taxpayers contributed Z$1.2 trillion to the national fiscus for
the first half of the year which is about 39 percent of the amount collected
during that period. The corporate world contributed only 11 percent.

      Summing up the anger of workers in an interview later in the week,
Zimbabwe Congress of Trade Unions president, Lovemore Matombo, vowed the
powerful union would call mass strikes by workers if Murerwa does not reduce
individual tax on November 25.

      "This regime is bleeding us to death as far as taxation is concerned,"
Matombo said. He added: "We have written to the government to tax those
highly paid at 30 percent and the lowly paid at 10 percent. We hope they
listen because we are going to take to the streets if Murerwa does not
deliver on budget day.

      "How can companies, most of which make super profits despite the harsh
economic environment be taxed at 30 percent? This trend should be reversed
because workers are failing to make ends meet."

      But political observers say there could be a silver
      lining in the cloud for Matombo and his workers. They
      said the government might just reduce tax as a way to
      win over mostly opposition-supporting workers ahead of
      a crucial election in March next year. - ZimOnline

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Zim Online

Consumers may soon be forced to buy bread on the black market
Sat 13 November 2004

      HARARE - Looking as carefree as any child her age, 10-year old Munashe
Masimba munches into a thick slice of bread.

      For her and many of her friends here in Harare's low-income suburb of
Mbare, the day never begins until she has munched at least three slices of
bread, washed down with a cup of tea.

      But that may soon change with bread likely to be in short supply in
Zimbabwe in a few months' time because the country's farmers, for the third
year running, have failed to produce enough wheat to meet national
consumption.

      As with everything else in Zimbabwe, wheat production has steadily
declined in the last three years after the government launched its often
chaotic land reform programme. The decline in agriculture is also attributed
to a severe shortage of inputs.

      For example, only 50 percent of the 85 000 hectares that are normally
put under wheat crop every year were under cultivation last winter. Zimbabwe
produces most of its wheat under irrigation during its dry and cool winter
season.

      Farm production statistics indicate that the few remaining white
commercial farmers - once the main producers of the vital crop - planted
around 15 000 hectares while blacks resettled by the government on former
white-owned farms planted about 25 000 hectares of wheat.

      The total hectarage of wheat this year will at most yield about 250
000 tonnes, almost about 50 percent less than the 450 000 to 500 000 tonnes
of wheat Zimbabweans consume annually.

      The government must raise US$126 million to import the shortfall
including about 80 000 tonnes of higher grade wheat the country normally
imports to mix with local wheat for better quality flour.

      But with foreign currency shortages gripping the country, shortages of
wheat and bread are inevitable.

      According to independent agricultural experts, besides instability
caused in agriculture by government land reforms, wheat production was also
affected because of shortages of fuel and other inputs.

      Delays by the government's Grain Marketing Board in releasing seed and
other inputs to black villagers resettled on white farmland and who do not
have money to buy these only helped worsen the situation.

      Traditionally the wheat planting season ends by mid-June but most of
the new black farmers only began planting as late as July and early August
because they had no seed.

      And now another crisis looms in the clouds for Zimbabwe's wheat
sector - the rains.

      With the Meteorological Services Department warning that heavy rains
should be expected anytime soon, crop scientists fear that fifty percent of
the crop still on farms could be ruined.

      Bakers' Association of Zimbabwe chairman Armitage Chikwavira said he
would need to consult with the GMB first before speaking about the impending
wheat and flour shortage - a sensitive political issue as Zimbabwe heads for
a critical election next March.

      "I will need to consult other stakeholders in the baking industry and
the GMB," Chikwavira told ZimOnline.

      Private baker, Eddie Cross, who is also a senior official of the
opposition Movement for Democratic Change party, said hard-cash-strapped
Zimbabwe would have to double wheat imports this year to avert shortages.

      He said: "Last year's crop was better than this year's because we did
not have early rains then. We have to import between 65 percent and 85
percent wheat and flour products if we are to avert a serious shortage in
the next few months."

      According to Cross, most bakeries were already operating at 50 percent
capacity because of the critical situation of flour supplies from major
milling firms as the country's wheat reserves dwindle.

      "Most of us have scaled down operations to reduce exposure because
there is no flour owing to the shortages of wheat," Cross said.

      A similar shortage of wheat and flour early last year gave rise to an
illegal black-market for bread where the life-saving commodity was fetching
about thrice its normal retail price.

      The black-market, which already can easily supply scarce foreign
currency, fuel or even HIV/AIDS anti-retroviral drugs, will probably in a
few months' time also be supplying bread for little Masimba in the
poverty-stricken suburb of Mbare. - ZimOnline
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