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- may peace, truth and justice prevail.

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NGO BILL [High] Alert

Wednesday 17 November 2004

Midnight Debut for the NGO BILL

The NGO Bill made its Parliamentary debut yesterday and today might be the
day of reckoning. Many thanks to those who heeded the call and attended the
Parliamentary session yesterday, we need an even stronger presence in the
public gallery today [never mind the schoolkids taking up all the space,
just try to be there by 2pm]

Proceedings on the NGO Bill began at 12:00 midnight  amidst high drama and
ravaging debate  and ended today at 6am. Four MDC Mps were thrown indicating
the intensity of debate around the Bill and the resoluteness of the state to
pass the Bill as it is. The state indicated great concerns around the issues
of national security, foreign interference, infringement of political space
and human rights. That these concerns are unfounded is apparent, but what is
appalling is the fact that there was little recognition on the state's part
of the great work that NGOs have been doing in promoting national
development. All of a sudden NGOs have become a national threat when
throughout the years they have essentially been complementary partners to
government in fostering development.

The debate will resume again today at 2:15pm with the tabling of the meagre
amendments sent out by the Minister and voting on the Bill.

The entrenchment of a Legacy of bad laws
As our Parliament cotinues to invest in oppressive laws, about which it has
shown record determination, the NGO Bill stands next in line and indications
show a high likelihood of it being passed in its current state. The Adverse
Report by the Parliamentary Legal Committee on the Bill was thrown out, thus
diminishing the last hope of the Bill being redrafted. It therefore remains
for the NGO Sector to start counting its losses and focusing on the way
forward.

National Advocacy Committee Meeting
NANGO continues to closely monitor the parliamentary process and will be
keeping you up to date as events unfold. However speeded emphasis is now
being placed towards cementing the post-Bill response strategy. In this
regard the National Advocacy Committee will meet on Thursday to deliberate
on the way forward, please be advised that the advocacy process will still
proceed even after the promulgation of the Bill. The challenge remains in
spite of the Bill for us all  to continuously advocate for a positive and
enabling operating environment and an unrestrained civil society in
Zimbabwe.

Responses
We will be glad to respond to queries and questions pertaining the Bill
process and the response strategy. Please contact Jacob or Fambai on our
hotline 732612.
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From: "Trudy Stevenson"
Sent: Thursday, November 18, 2004 3:21 AM
Subject: House adjourned to Tues - NGO & ZEC Bills Committee Stage

Parliament is adjourned to Tuesday.  Today we did not proceed to Committee
stage for the NGO and Zimbabwe Electoral Commission Bills as expected,
therefore they are most likely to be debated and passed on Tuesday next
week.
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Parliamentary Legal Committee report on the NGO bill
Posted 16 November, 2004

REPORT OF THE PARLIAMENTARY LEGAL COMMITTEE ON THE NON- GOVERNMENTAL
ORGANISATIONS BILL, 2004, [H.B. 13, 2004]
REPORT OF THE PARLIAMENTARY LEGAL COMMITTEE ON THE NON- GOVERNMENTAL
ORGANISATIONS BILL, [H.B. 13, 2004].
1. INTRODUCTION
1.1 Mr. Speaker Sir, the Parliamentary Legal Committee ("your committee.")
considered the constitutionality of the Non- Governmental Organisations
Bill, HB 13, 2004 ("The Bill") and regrets to report that in the opinion of
the committee, the provisions of clauses 2, 9, 10, 11, 15, 17, 20, 22, 23,
24, 29 and 32 are inconsistent with the Constitution of Zimbabwe and
therefore unconstitutional.
1.2 One of the stated objectives of the Bill is said to be the provision of
"an enabling environment for the operations, monitoring and regulation of
all non- governmental organisations" and yet it is your committee's view
that far from seeking to provide such an environment, the Bill, when read as
a whole constitutes a determined and pervasive attempt to curtail and
extinguish the fundamental freedoms of the people of Zimbabwe enshrined in
the constitution. Mr. Speaker Sir, it is your Committee's opinion that this
Bill is a cynical and comprehensive attack on the rights of the people to
organize themselves in the promotion, protection, defence and advancement of
their freedoms and liberties. It is a calculated attempt to all but
extinguish just about all the rights and liberties contained in the
constitution. To seek to control, circumscribe and prevent the people from
organising themselves into such bodies as they may deem fit for monitoring
and promoting respect for their constitutionally guaranteed rights is just
as good as saying the people do not have those rights.
1.3 Mr. Speaker, Sir, Your Committee has taken notice of the historical and
present context under which the Bill is being introduced. It has also
considered the objects of the Bill as explained to the nation by the
government and in particular the responsible Minister. We have also had the
privilege of having government's underlying reasons for seeking to enact the
Bill explained to us in some detail by one of our members Honourable
Kumbirai Kangai. We understand that the government is extremely unhappy with
the work of many non- governmental organisations particularly those working
in the field of human rights, and hence seeks to control and close down some
if not all of them because, it is alleged they have been used by imperialist
forces to destabilize the country and effect regime change. The ban of
foreign funding to non- governmental organisations, it is said, is in
response to some statements by foreign powers allegedly indicating that they
are working with the opposition and civil society to effect regime change in
the country. For this reason, we have been told, the government can not sit
by while non- governmental organisations (NGOs) work in cohort with the
opposition and foreign powers to effect regime change in the country. We are
further told that the government is determined at all costs to curtail human
rights in the country in order to protect itself from being removed from
power by foreign powers using local NGOs as a front.
1.4 Mr. Speaker Sir, it is your committee's considered opinion that the
truth lies elsewhere. Our view is that as the human rights situation in
Zimbabwe has deteriorated and worsened in the last five years as confirmed
by the report of the African Commission on Human Rights, which must have
been the last straw for the government. The government has increasingly seen
the work done by NGOs particularly those working in Human Rights, as
providing a recording of human rights violations in the country, which have
contrasted sharply with the government's version of a country at peace with
itself and with an impeccable human rights record.
1.5 Mr. Speaker Sir, it is your committee's view that local human rights
NGOs have played an important part in the struggle to protect, promote and
defend human rights in the country and in particular in informing
Zimbabweans and the world of the true human rights situation in the country.
They have painstakingly recorded and reported on a varied range of human
rights issues carefully documenting incidents of political beatings,
intimidation torture, rape, killings, unlawful arrests and detention,
destruction of homes and other properties, the suppression of media
freedoms, etc, etc. They have provided legal, counseling, and medical
assistance to victims of human rights abuses. They have campaigned for a
return to the rule of law and a cessation of state sponsored human rights
violations. In doing all this work, the local NGOs have been heavily
dependent on foreign funding for their activities for the simple reason that
there isn't local funding to support this sort of work.
1.6 The government has been heavily critical, indeed antagonistic towards
the NGOs, which have been doing this work accusing them of propagating and
disseminating false information concerning the human rights situation in the
country.
1.7 It is in this context that the true intentions behind the attempt to
promulgate the Bill must be understood. To be fair, the government has not
hidden its intention to control and if necessary to close down NGOs accused
of recording and propagating false information about human rights abuses in
the country. In his speech at the opening of this session of Parliament on
20 July 2004, the President made it very clear that the government intended
to deal with NGOs which stood so accused. He said,
"Non- Governmental Organisations must be instruments for the betterment of
the country and not against it. We cannot allow them to be conduits of
foreign interference in our national efforts."
1.8 The responsible Minister had similar sentiments when he said,
"Some NGOs and churches are causing too much confusion in the country
because they are converting their humanitarian programmes into politics.The
government cannot allow that to happen so we are saying they should go under
scrutiny where we revise all modalities in the country. [See The Herald of 5
April 2004]"
1.9 Mr. Speaker Sir, it is your Committee's view that rather than seek to
address the human rights situation as recorded and reported by these NGOs,
the government has, instead, chosen to kill the messenger by seeking to
control and close down NGOs including, by the mere fact of denying them
access to foreign funding, an act of itself, which will render any human
rights organisation which will survive the registration process, completely
useless.
1.10 Mr. Speaker Sir, when read as a whole, it is plain that the main
targets of the Bill are those NGOs which promote , protect and defend human
rights and hence the definition of the term "governance issues" [in the
circulated amendments to the Bill] as embracing the human rights contained
in the International Covenant on Civil and Political Rights. It seems clear
to us that the Bill's primary object is the closing down, silencing and
rendering ineffective of all local human rights organisations monitoring and
promoting human rights in the country as well as to prevent international or
foreign human rights organisations from operating in the country. Quite how,
it can be thought or believed that a Bill whose effect is to achieve the
above, can possibly be consistent with the Constitutional imperative and
directive to promote, protect and defend the human rights outlined in the
Declaration of Rights is frankly mind-boggling.
1.11 It is for this reason that your committee, Mr. Speaker Sir, has no
hesitation in finding that a Bill, which seeks to curtail the ability of the
Bill to protect, promote and defend their human rights, is inherently
unconstitutional. It is a most serious attack on the Declaration of Rights
to seek to prevent people from organising themselves in such forms and ways
they may deem necessary in order to collectively promote, protect and defend
the very rights the constitution has so elaborately pronounced.
1.12 Mr. Speaker Sir, it is your Committee's view that the Bill does not
seek to regulate but seeks to control, to silence, to render ineffective and
ultimately to shut down NGOs around which Zimbabweans have organized
themselves for the promotion, protection and defence of their
Constitutionally guaranteed rights. Ask yourself Mr. Speaker Sir, whether it
is sensible to provide in the Constitution that every Zimbabwean has the
freedom to personal liberty or the freedom from torture and then provide in
a subsidiary law that NGOs formed by Zimbabweans to secure those rights
through legal aid, providing medical assistance to victims or through
litigation cannot be registered if one member or director is not a
Zimbabwean domiciled in Zimbabwe or that they can not receive foreign
assistance to pay for the legal fees of an unlawfully arrested person or for
a victim of unconstitutional and unlawful acts of torture?
1.13 In short it is ridiculous to say through the Constitution, that people
have human rights but then go on through an Act of Parliament to prevent
them from organising themselves to assert, protect, promote and defend those
very rights the Constitution has guaranteed them. It is pretty much like
saying someone has the right to life but they are prohibited from eating.
1.14 Mr. Speaker Sir, it is for the above reasons that your committee finds
all those clauses of the Bill which seek to achieve the silencing, the
control and ultimately the closure of NGOs, to be unconstitutional. Each of
those clauses are considered in turn below.
2. CLAUSE 2
2.1. This is the interpretation clause of the Bill, which inter alia define
"foreign non governmental organisation," "local non- governmental
organisation" and a " non- governmental organisation" as follows:
2.1.1 "foreign non- governmental organisation" means any association of
persons, whether incorporated or unincorporated, that does not consist
exclusively of permanent residents or citizens of Zimbabwe who are domiciled
in Zimbabwe;
2.1.2 "local non- governmental organisation" means any association of
persons, whether incorporated or unincorporated, that consist exclusively of
permanent residents or citizens of Zimbabwe who are domiciled in Zimbabwe;
2.1.3 "Non- governmental organisation" means any foreign or local body or
association of persons, corporate or unincorporated, or any institution, the
objects of which include or are one or more of the following-
a) the provision of all or any of the material, mental, physical or social
needs of persons or families,
b) the rendering of charity to persons or families in distress,
c) the prevention of social distress or destitution of persons and families,
d) the provision of assistance in, or promotion of, activities aimed at
uplifting the standard of living of persons or families,
e) the provision of funds for legal aid,
f) the prevention of cruelty to, or the promotion of the welfare of animals,
g) the promotion and protection of human rights and good governance,
h) the promotion and protection of environmental rights and interests and
sustainable development,
i) such other objects as may be prescribed,
j) the collection of contributions for any of the foregoing;
but does not include-
i. any international organisation or institution whose privileges,
immunities, rights and obligations in Zimbabwe are governed by the
Privileges and Immunities Act [Chapter 3:03]; or
ii. any governmental organisation or quasi- governmental organisation or
institution whose legal status is that of an instrumentality or arm of any
foreign government; or
iii. any institution or service maintained and controlled by the state or
local authority; or
iv. any religious body in respect of activities confined to religious work;
or
v. any educational trust approved by the Minister; or
vi. any body or association of persons, corporate or unincorporated, the
benefits from which are exclusively for its own members; or
vii. any health institution registered under the Health Professions Act
[Chapter 27:19], in respect of activities for which it is required to be
registered under that Act; or
viii. any body or association in respect of activities carried on for the
benefit of a hospital or nursing home which is approved by the Minister; or
ix. any political organisation in respect of work confined to political
activities; or
x. the Zimbabwe Red Cross Society established by the Zimbabwe Red Cross
Society Act [Chapter 17:08]; or
xi. such bodies, associations or institutions as may be prescribed;
2.2 It is obvious that the definition of non- governmental organisation is
extremely wide. It covers just about every conceivable organisation or
association involved in any aspect of civic work, including humanitarian
assistance, social assistance, legal aid, recreation and entertainment.
2.3 To the extent that the definition of NGO includes political parties,
trade unions and employers' organisations, it is plain that it is
unconstitutional since section 21 (3) (c) of the Constitution specifically
excludes trade unions, political parties and employers' organisations from
having to be required to register for any purpose whatsoever. It is no
answer to say a poltical party would be required to register only for those
activities not "confined to political activities", whatever this might mean.
Nor is it enough to say a trade union would be required to register if its
work is confined to the exclusive benefits of its own members. The fact is
that, in its wisdom the Constitution excludes these organisations from
having to be required to register. The simple fact is that no legislation
can seek to compel trade unions, employers' organisations and political
parties to register at the risk of not being allowed to operate and of
criminal sanctions.
3 CLAUSES 9, 10 AND 11
3.1 Mr Speaker Sir, it is your committee's considered view that the
registration process provided in clauses 9, 10 and 11 is inconsistent with
sections 17, 19, 20 and 21 of the Constitution.
3.2 No time limit is set for the consideration of an application. The
application is required to reveal considerable amount of "personal" details
concerning the organisation, the provision of which information would be an
undue infringement of the right to privacy as protected in section 17 of the
Constitution. There is also no provision for the making of representations
to the Council which considers the application. There is the prohibition
against commencing or carrying out activities until registration. An
application can be rejected and a registered organisation can be de-
registered if it is concluded that it is not operating in bona fide
furtherance of the objects stated in its application. The appeal against a
rejection is to the same Minister who appoints the Council which would have
rejected the application. If any member of the Council were to be in favour
of the registration of an organisation against the wishes of the Minister,
the Minister has the power to dismiss that member.
3.3 It is your committee's view, that when read together and taken
cumulatively these provisions are an undue and unconstitutional limitation
to the freedoms of expression, association, conscience and privacy.
3.4 Clause 9 provides that no NGO shall commence work or carry on its
activities or seek financial assistance, unless it is registered. It is your
committees view Mr. Speaker Sir that the proposed requirement for
individuals who have associated with each other for the protection of their
interests to register, is in contravention of Section 21 of the
Constitution. Its effect is to hinder individuals from associating together
in the promotion or protection of their rights and interests. The hindrance
of the enjoyment of the freedom of association in this manner can only be
deemed constitutional if it is in the "interests of public defence, public
safety, public morality, public health and town and country planning." It is
plain that the hindrance of this right in the manner proposed in the Bill
has nothing to do with interests of interests of public defence, public
safety, public morality, public health and town and country planning. Even
if it were, it would fail the test of being reasonably necessary in a
democratic society as envisaged by section 21 (3) of the Constitution.
3.5 It is the Committee's opinion that clause 9 also infringes Section 19
and 20 of the Constitution. Section 19 of the Constitution provides for the
protection of freedom of conscience. The interpretation section in the Bill
defines the objects for which individuals must register when they associate
together. They must register if they are to do charity work, to alleviate
suffering and distress, and to uplift the standard of living of families and
communities. Religious communities, in terms of section 19 of the
Constitution, have the fundamental right to manifest and propagate their
religion through worship, teaching, practice and observance. The practice
and observance of religious faith often involves charity, alleviating
suffering and distress, and uplifting standards of living of families and
communities.
3.6 This work is not a matter of preference; it is a fundamental part of
religious faith. The Bill seeks to permit religious communities to work
without registration only where they do "religious work" or where they
operate educational trusts approved by the Minister of Education. The term
"religious work" is not defined, but specific mention of charity,
alleviating suffering and distress and uplifting standards of living to the
fact that these things are not necessarily included in the term 'religious
work.'
3.7 Each religion defines what its followers must do in the practice of that
religion. The Bible defines what Christians must do in their practice of
Christianity; the Koran defines what Moslems must do in the practice of
Islam. The Bible states in several places in both the new and the old
testaments that Christians are to do charity work, to care for the widow and
the orphan, to provide for those in need. The Christian faith for example in
Luke Chapter 4 verse 18 provides in the words of Jesus Christ that;
The Spirit of the Lord is upon me, because He hath anointed me to preach the
gospel to the poor, He hath sent me to heal the broken hearted, to preach
deliverance to the captives, and recovering of sight to the blind, to set at
liberty them that are bruised (King James Version). Other versions say, "to
set at liberty them that are oppressed."

3.8 A Christian is one who follows and practices these things that Jesus
Christ instructed him to follow and do, by example. A Christian must
therefore, in the practice of Christianity, engage in a Ministry of mental,
physical and emotional healing, in providing for the needy, in championing
and promoting the rights of those who are oppressed, in providing education,
including religious instruction. Thus the work of charity, alleviating
suffering and distress, and uplifting standards of living for which the Bill
covers requires religious bodies to register. Essentially, the work of the
religious group is human rights work. It is human rights work to strive to
enable individuals and communities to access their rights, and this is what
Christ requires Christians to do.
3.9 Doubtless other believers in other religious faiths are required to work
of the same nature. The Constitution enshrines the right to do, manifest and
propagate their faith through practice and observance of their faith. It is
an integral part of the faith and their identity, which is protected in
section 19 of the Constitution. To require religious groups to register with
anybody inorder to practice and observe faith is to hinder them in the
enjoyment of their right, which is enshrined in Section 19 of the
Constitution. Thus clauses 9 and 2 are unconstitutional to the extent that
they would oblige religious bodies to register to do so called religious
work.
3.10 An essential element of the work of NGOs is to share, access and
disseminate information. They also individually or collectively commit
themselves to the dissemination of such information to sections of the
community who do not ordinarily have access to it. NGOs also commit
themselves to the dissemination of information on Zimbabwean laws to
communities in need. Access to and dissemination of information is part of
the fundamental freedom of expression as protected in Section 20 of the
Constitution. To require anybody to register before engaging with others in
accessing and disseminating information is to hinder the enjoyment of the
fundamental right. For this reason too, clause 9 is in our view
unconstitutional.
3.11 Clause 9 (4) of the Bill provides that no foreign NGO that engages
principally or solely in issues of governance shall be registered. The
interpretation section defines issues of governance as including the
promotion of human rights and further defines a foreign NGO as one, which
includes people who are not citizens or permanent residents domiciled in
Zimbabwe. This means that an NGO which includes Zimbabweans domiciled
outside Zimbabwe cannot be registered. This means that people who are
domiciled in Zimbabwe are prohibited from forming NGOs with, for example,
Zimbabweans residing outside Zimbabwe for a common interest. For example, a
development association for the development of a rural area or community
from which such people originally come, cannot be formed with people
originally from that area who are domiciled outside Zimbabwe even though
they might be citizens. This provision is patently unconstitutional. It
seeks to hinder people living in Zimbabwe from enjoying their freedom to
associate with whomsoever they please for the promotion of their interests,
in contravention of Section 21 of the Constitution.
3.12 Just how the prohibition of Zimbabweans from associating with other
Zimbabweans domiciled elsewhere and indeed from associating with foreigners
can be thought to be consistent with the constitutional guarantee of the
freedom of association is beyond your committee's comprehension.
3.13 It is important to note that under Section 21(3) (c), the Constitution
specifically allows a law to deal with the registration of companies,
partnerships, societies and other associations of persons. Undoubtedly the
right to register will have to be conceded, but it is the manner in which
the registration and thereafter the control of non- governmental
organisations is proposed in the legislation that is subject of the
challenge. The point will have to be made that reference to "registration"
in Section 21 (3)(c) of the Constitution is to be construed as no more than
registration. It does not permit of control thereafter, since control is
quite a distinct concept to the formalities of registration.
4 CLAUSE 17.
4.1 Clause 17 of the Bill provides that no local NGO shall receive foreign
funding or donations to carry out activities relating to issues of
governance. This clause is in contravention of section 19, 20 and 21 of the
Constitution. If an individual needs money in order to exercise the
enjoyment of any of her/ his rights, then he/ she should be able to receive
money from whatever source she/ he desires. For example, if a religious
organisation requires funds to carry out its human rights work extending
charity, alleviating suffering, providing education or hospitals, then it
would be allowed to receive funds even from other religious organisations
outside Zimbabwe. If an NGO requires funding in order to exercise the
enjoyment of its right to disseminate information, it should be able to
receive funding from whomsoever, including organisations and individuals
outside Zimbabwe. To prohibit NGOs from receiving foreign funding is to
hinder the enjoyment of their fundamental rights enshrined in the
Constitution. It is also an infringement of the right to freedom of
association in Section 21 of the Constitution. If an NGO wishes to associate
with a foreign-based individual or organisation in an agreement for the
provision of financial aid, then the exercise of such a fundamental right
cannot be hindered.
4.2 Ironically and so much for the supposed evils of foreign funding, the
NGO Council is itself permitted to receive foreign funding with the approval
of the Minister.
5 CLAUSE 11 AND 15
5.1 For the same reasons advanced above clauses 11 and 15 of the Bill are
unconstitutional. Clause 11 provides for the cancellation by the Council of
the registration of any NGO on various vague grounds such as that the NGO
has ceased to operate in genuine furtherance of its objects or that it has
failed to comply with any condition under which it was registered or that it
has ceased to operate as an NGO. There is little, if anything at all, which
an NGO can do to prevent its de- registration, An appeal against de-
registration lies to an interested party who controls the Council, in the
person of the all powerful Minister possessed of the unlimited power of life
and death over NGOs. The outcome of an appeal of an unwanted NGO is a
foregone conclusion. When taken together, the provisions of clauses 11 and
15 are inconsistent with the freedoms of association, expression and the
secure protection of the law and hence violate sections 18, 20 and 21 of the
Constitution.
6. CLAUSE 20
6.1 Clause 20 of the Bill empowers the Registrar to order the separation of
a branch of an NGO from its mother body. It is your committee's view that
this clause is unconstitutional for it directs and forces people who have
chosen to associate with each other to stop so associating in violation of
section 20 of the Constitution.
6.2 Individuals decide that they want to associate together for a common
purpose as provided for in the Constitution. They determine how they wish to
carry out their work, including the formation of their branches. They submit
an application for the registration in terms of their own agreement as
individuals associated together and commence their work as agreed. The
Registrar of NGOs then unilaterally decides the individuals should not work
together in one association. This is unconstitutional because the decision
on whom to associate with is entirely up to the individuals concerned in
terms of Section 21 of the Bill of Rights. Their decision on whom to
associate with is inviolate, only the individuals change their minds.
7. CLAUSE 22, 23 AND 24
7.1 Clauses 22, 23 and 24 provide for extensive and intrusive powers to
violate the right to privacy of NGOs under the guise of investigation. The
Council has power to investigate "maladministration" within an NGO.
Maladministration includes not only financial wrongdoing but also improper
conduct by people within the NGO that would justify cancellation of the
registration. The Registrar may institute an investigation and the Minister,
at the request of the council Chairperson, can appoint a public officer to
conduct an investigation. This inspector can inspect not only the financial
affairs of the NGO but also "any aspect of the affairs or activities of any"
NGO. If, after such investigation, the Council finds that there is
maladministration, it can take various measures, the most drastic of which
is to cancel the registration of the NGO. If the Council considers that the
maladministration warrants suspension of all or any of the NGO's executive
committee, it can refer the matter to the Minister. The Minister may suspend
all or some of the members of the executive committee. If the suspension is
not lifted within 30 days, the members' posts become vacant.
7.2 Mr. Speaker Sir, it is your Committee's view that clauses 22, 23 and 24
being excessively intrusive, are a violation of the right to privacy as
contemplated and provided for in Section 19 of the Constitution. They are
also an undue hindrance to the freedom of association as provided for in
Section 21 of Constitution and for that reason too they are
unconstitutional.
8. CLAUSE 29
Clause 29 seeks to empower the Minister to dissolve NGOs. For the same
reasons that have been outlined above, this clause would infringe the
freedom of association and is consequently unconstitutional.
9. CLAUSE 32.
9.1 Clause 32 states that;
Every NGO which, immediately before the date of commencement of the Act was
lawfully registered as a private voluntary organisation under the repealed
Act shall be deemed to be registered as an NGO under this Act.
9.2 The import of this clause is to create hordes of outlaws in respect of
institutions and organisations that have hitherto lawfully operated as
univesitas or trusts as it assumes that all NGOs that are not registered
under the Private Voluntary Organisations Act [Chapter 17;05] are illegal
and yet common law provides for such bodies. It is submitted that to the
extent that clause 32 seeks to ban such organisations and to criminalise
their existence without giving that transitional period within which to
bring themselves into compliance with the new law. It is unduly oppressive
and arbitrary. It can hardly be consistent with the letter and spirit of
Section 21 (1) of the Constitution. To that extent the Clause is
unconstitutional.

10. CONCLUDING REMARKS:
10.1 Taken together, the provisions of this Bill will allow the Government
of Zimbabwe to stop human rights organisations from operating. At the very
least, they will enable completely politically partisan actors to interfere
at every turn in the affairs of these organisations and to de- register them
at the drop of the hat. The provision prohibiting any foreign funding
whatsoever cuts off the very livelihood of these organisations.
10.2 If the major human rights organisations in Zimbabwe are silenced and
closed, this will be a devastating blow to the cause of human rights in
Zimbabwe. Without these organisations, many human rights abuses will go
unreported and unpublicized and most victims will be left without any
protection whatsoever.
10.3 Without the legal assistance organisations, many people will be taken
into custody, and will be held for long periods and brutalised, and no
lawyers will be engaged to do do whatever they can to try to protect the
rights of these victims. Without medical assistance organisations, many
victims of torture and violence will be left without any medical treatment
and psychiatric counseling.
10.4 Mr. Speaker Sir, it is your committee's conclusion that clauses 2, 9,
11, 17, 15, 17, 20, 22, 23, 24, 29 and 32 are unconstitutional. We recommend
this conclusion to the house.
Prof. W. Ncube
CHAIRMAN
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From The Daily Telegraph (UK), 17 November

Mugabe forces in harsh new legislation

Harare - President Robert Mugabe's ruling party yesterday suspended
Zimbabwe's constitution to drive a batch of repressive new laws through
parliament. Zanu PF has said it will sit through the night all week to bring
in the changes, including a ban all foreign-funded human rights
organisations. Mr Mugabe wants the slew of bills passed into law before Dec
1, when Zanu PF holds its annual conference. Parliament's legal committee,
in which the opposition Movement for Democratic Change (MDC) has the
majority, has said all the bills are unconstitutional. With its overwhelming
parliamentary majority, Zanu PF yesterday suspended parliament's standing
orders, which would have required a three-week delay to redraft the laws to
bring them in line with the constitution. Among the bills is the creation of
a Zimbabwe Electoral Commission to run elections. It will have five
commissioners, all appointed by Mr Mugabe, who has said elections will be
held in March. This legislation went through its second reading yesterday.
When it is signed into law by Mr Mugabe, it will be an offence for any
foreign-funded organisation to provide voter education. "Why is voter
education a threat to national security?" demanded Tendai Biti, an
opposition MP, during a rowdy parliamentary session yesterday. The new
electoral laws for the first time will allow members of the Zimbabwe
National Army, the police and prison services to be election officials.
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Mail and Guardian

Zim Parliament rejects own election report

      Harare, Zimbabwe

      17 November 2004 11:19

Zimbabwe's Parliament has rejected an adverse report on its own electoral
reforms, despite the report having been written by a parliamentary
committee.

Heated debate between the ruling Zanu-PF party and the opposition Movement
for Democratic Change (MDC) this week saw a report by the parliamentary
legal committee being thrown out by 75 votes to 37.

The MDC said clauses in new electoral reforms dealing with voter education
and the banning of foreign funding are unconstitutional.

Meanwhile, Justice Minister Patrick Chinamasa said: "The prohibition of
foreign funding is intended to ensure that the sovereignty of the state and
its government is not undermined. Foreign donations usually come with
foreign interests and strings attached."

Chinamasa claimed foreign funding in "the electoral process" is banned in
many countries, including the United States and France.

He also said Zimbabwe is "well ahead" of most Southern African Development
Community (SADC) nations in the implementation of new electoral norms and
policies.

The MDC, which won about half the elected seats in Parliament in 2000, said
Zanu-PF-initiated reforms make it impossible to hold free and fair elections
in March next year. The party is calling for parliamentary polls to be
postponed.

The opposition is also threatening to boycott next year's election unless
"meaningful change" is implemented by Mugabe's Zanu-PF government.

The MDC argues it is denied access to public broadcasters and the
state-controlled media. It also wants draconian press and public-order laws
to be abolished, saying the laws are used exclusively against the
opposition.

The SADC's parliamentary forum said Zimbabwe's parliamentary polls in June
2000 and the presidential election in 2002 were "not a free expression of
the will of the people". -- Sapa
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IOL

Concern about electoral reform in Zimbabwe
          November 17 2004 at 08:27AM

      By Peta Thornycroft

      Zimbabwe's "electoral reform" isn't going to happen. On the contrary,
new laws before parliament will, for the first time, officially allow the
police and army to be employed as election officials. And Justice Minister
Patrick Chinamasa made it clear to parliament the past week that two new
Electoral Bills were the total package of "reforms".

      A detailed analysis by the Zimbabwe Electoral Support Network (ZESN),
a non-governmental organisation (NGO), concludes that the fundamentals in
the two Bills are worse than existing legislation governing elections.

      One will create a Zimbabwe Election Commission (ZEC) which has already
been heavily criticised by ZESN. It has also received an adverse report from
parliament's legal committee and the second will replace the existing and
much-amended Electoral Act.

      Constitutionally the elections are only due by October 2005 but
Zanu-PF wants them in March ahead of celebrations to mark President Robert
Mugabe's 25 years in power on April 18.

      Since announcing "electoral reform" ahead of a Southern African
Development Community (SADC) summit in August, when Mugabe signed up to free
and fair electoral principles, Zanu-PF has created four new pieces of
legislation:

      a.. To establish a maximum two year sentence for journalists found
working without accreditation from the state-appointed media commission -
passed by parliament last week;

      a.. To ban human rights and governance NGOs, like ZESN;

      a.. To create the Zimbabwe Electoral Commission, bringing to four the
number of election authorities. The ZEC will only allow voter education by
government approved, locally funded organisations. Its chair and four
commissioners, all ultimately appointed by Mugabe must recruit staff from
the army, police and prisons;

      a.. To replace the existing Electoral Act retaining all previous laws,
adding new ones but without even replacing two voting days by one, as
specifically announced by Mugabe.

      The latest ZESN analysis on the Electoral Bill says that existing
authorities, plus new ones have "overlapping responsibilities, leading to
confusion and appear to be usurping the functions of the
constitutionally-established Electoral Supervisory Commission."

      Nowhere in either of the electoral Bills are provisions for fair
access to the only electronic media, the partisan Zimbabwe Broadcasting
Corporation.

      Election observers "will have to be accredited by a committee
dominated by nominees of various government ministers, including the
President's Office, and only persons invited by a minister or by the
(existing) Electoral Supervisory Commission will be eligible for
accreditation", reads ZESN's analysis.

      "The Bill will require state employees, including members of the
defence forces, the police force and the prison service, to be seconded to
the Electoral Commission during elections."

      "The Bill's provisions regarding access to voters' rolls are similar
to those in the present Act," which ZESN says means there is no fixed date
to check for accuracy of the current roll, nor access to its electronic
version.

      While ZESN says it welcomes the abolition of mobile polling booths it
questions the lack of rules to ensure sufficient fixed booths. The
opposition Movement for Democratic Change estimated 100 000 Harare residents
were unable to vote in the 2002 presidential election because of a reduction
of polling booths in its largest urban stronghold.

      Postal votes are ruled out, except for voters absent from their
constituency on "government business," which ZESN says is "unfair" given
that so many have been forced to leave Zimbabwe.

      Although ZESN welcomes the establishment of an Electoral Court it
says: "the judges appointed to the court must be selected through an
impartial process. It is unfortunate, too, that there are no time-limits
laid down for the hearing of election petitions".

      Only two of 40 legal challenges by the MDC to the 2000 parliamentary
and presidential poll have been concluded, both in the MDC's favour.

      Significantly, the Electoral Bill does not preclude Mugabe from
amending electoral laws using his absolute power as contained in
Presidential Powers (Temporary Measures Act). MDC legal secretary David
Coltart, who co-ordinated the party's legal challenges to the previous two
national polls said: "The combination of these two Bills makes the electoral
environment far worse because of the proliferation of electoral authorities
and because the Zimbabwe Electoral Commission is even more subject to
government control than its predecessor."

      "The commissioners will be appointed by the president, leader of a
political party, and can be sacked by the justice minister who will be a
candidate in the next election."

      "The Electoral Bill is a crude attempt to pull the wool over SADC's
eyes."

      "Zanu-PF has taken the bulk of the provisions of the old Electoral Act
and slapped in a few even more draconian provisions."

      "There is no reform to provide for any free and fair election," he
said.

      The MDC says it will not take part in any election until Mugabe
adheres to SADC electoral principles.

          .. This article was originally published on page 7 of Pretoria
News on November 17, 2004
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Sent: Wednesday, November 17, 2004 4:26 PM
Subject: : The Reverend Noel Scott

Dear All

The Reverend Noel Scott needs our prayers from the wider Church. For the
last two weeks or so this trial has been going on in Bulawayo. The
Prosecutor has presented all his witness and have brought nothing to the
case.
For those not in the know, the Reverend Noel Scott is being charged with
ignoring a police order. This took place in February of 2002 just before the
election, The story goes like this Fr Noel as required by the law of the
country under POSA (Public Security Act) to give notice to police to have a
pray, and march service. This involved going around four churches in
Hillside Bulawayo. The Churches include, Christ the King (Catholic),
Presbyterian, Methodist and Finally Ascension(Anglican) . Instead  of
walking Fr Noel advised us that the police had prohibited the walk and
effectively prohibiting the pray and walk. Instead it was agreed that,
instead of walking,  we would drive in a convoy depicting the death of
democracy and freedom of worship in the country. After the last stop Father
Noel was taken to the police where he was charged.

So on Thursday he takes the stand himself and judgment will be delivered
afterward. And so far all the magistrates in the country have sort to rule
in favour of the state to safe guard they jobs. So we face an up hill
struggle but with prayer we will conquer.
 1. I plead to each one of you to first send this e-mail to your own list,
2. Secondly to pray for Father Noel and indeed many activists in our country
3. If you do live in Bulawayo to cancel all your appointments and to make
time for the court session on Thursday the 18th of November 2004 at the
Tredgold Building Court One at 2:00pm.
I am sure whatever you are doing on Thursday can wait. It could be anyone of
us standing in this trial. Please do support by prayers and by your
presence. Let us fill the court room and show solidarity to a strong
Christian Leader, Fr Noel Scott, "Our Beloved Rector Emeritus."
Remember if one Christian is prosecuted for standing for Gospel values the
all are prosecuted. This is The Kairos moment to stand together and to be
seen and to witness for God in our Time.
With Love Prayers

Father Barnabas Nqindi
.
The Rector
71 A Leander Avenue
Hillside
Bulawayo
Zimbabwe
00 263 9 241186
00 263 23 748171
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To Participate or Not?

In March this year the government of Zimbabwe announced that they were going
to hold the next scheduled parliamentary election in March 2005. They said
they were giving the country a year in which to prepare itself for this
event. They also made the snide remark that they thought it would give the
MDC time to get ready for the election.

Since it was formed the rationale of the MDC has been to fight elections -
we have said from day one, that we believed in a democratic transition that
was peaceful and lawful. We have strictly adhered to those principles
despite 4 years of extreme provocation.

However, when we came to consider what it would mean to go into another
election under present conditions, we paused for thought and eventually came
out and said "unless the following 15 demands are met, we will not contest
the election". Since then we have come under intense pressure from the
regional and international community to run again. We have not moved our
position and continue to say that until our demands are met, we will not
contest the election.

Hope rose when the SADC summit of regional leaders agreed to a clear set of
principles by which they would manage the democratic process in their
countries. Mugabe signed and the region breathed a sigh of relief. We
watched, suspicious and cautious from the sidelines. What would that wily
old devil, Mugabe do?

Well now we know - he has bulldozed through Parliament new legislation that
will further weaken the democratic process and tighten his own grip on the
administration of elections. He has made some token concessions in the
direction of free and fair elections but these steps have been totally
overwhelmed by the tightening of laws governing the electoral process, the
role of civil society and the media. On the ground there is no relaxation of
any of the other instruments of suppression that he holds. There is no
freedom of speech, no freedom of association; the legal system is still
being used every day to suppress opposition activity and to maintain their
total grip on all civil activity.

The food weapon is in place and ready to be used, the message that "you
cannot do anything without us" is being spread across the country. Business
is being told to stay in line or else. The slightest threat of public
protest or dissent is greeted with overwhelming force.

But just as serious is the total lack of regard for Parliament. Serious
questions asked by the opposition are treated with distain. Opposition MP's
are threatened in public by Zanu PF Ministers and MP's who are quite sure
they will face no recrimination. New legislation that is in conflict with
the Constitution is simply rammed through Parliament and a compliant Supreme
Court can be relied upon to back up the actions of the State. Even the
standing rules of Parliament are abused daily so that nothing stands in the
way of the State.

The reality is that Mugabe has no intention of holding a free and fair
election in Zimbabwe any time in the near future. We are in effect seeing
just another form of the classic African coup - carried out under the very
noses of the region and the global community. The question is do we dignify
the process by our continued participation?

The answer is clearly no! Not while this farce is being played out. We do
not live in a democracy, we live under a dictatorship. We do not live in a
free market economy; we live in a kleptocratic State. We do not have a
functioning Parliament - that is simply expensive camouflage for the States
real activities and it is time we brought the masquerade to a close.

I know we have not yet made that decision but it is clear that few of our 15
key demands are going to be fulfilled. It is also simply too late to even
contemplate an election in March 2005 when certain of these fundamental
reforms have not been put in place. So if Mugabe sticks to his guns on the
issue of timing and Mbeki on his stance of non-intervention in the affairs
of another African State (unless it is in West Africa or the Great Lakes
region or at war with itself using military arms), then I simply cannot see
the MDC contesting next year's election.

What does that mean? We have already been joined in our stance by two
minority Parties who have also said they will stay out of the process. The
UN has not been asked to help with the election because that would open up
the process and it is already too late for UN intervention. Will Zanu simply
declare itself the winner of all 120 seats - Mugabe then appoint another 30
seats and then declare that Zanu is re-elected for another 5-year term?

Such an outcome would be a disaster for everyone. It would close the door to
any sort of democratic process of change, cast a pall across the whole of
Southern Africa, keep all forms of international and multilateral aid shut
down and give NEPAD a crushing blow. Zimbabweans would continue to flee the
country as economic and political refugees and living standards and life
expectancy would continue to shrink.

We all know this - and yet we search in vain the international press for any
sign, that we are even a discussion point. So far I have seen no sign that
the global community is concerned or has any sense of urgency about the
crisis in Zimbabwe. If we got hold of a few AK 47's and shot a few people
that would change overnight. So long as we do not prepared to start
shooting - we are a problem that can be ignored. The fact that 5 million
people have died or fled the country is not an issue. That life expectancy
has crashed from 59 years in 1990 to 35 years today. That half our
population is hungry and malnourished. That our hospitals are mortuaries and
our schools, day care centers simply does not matter.

South Africa continues to stand on the sidelines, Pagad, the deputy Minister
of Foreign Affairs says "show me the bodies and we will act", his boss,
Zuma, says they are "not taking sides." OK - if that is how you want to play
the game, so be it, we hope they can live with the consequences.

Eddie Cross

Bulawayo, 17th November 2004.


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Daily News online edition

      Canadian lawyers take on Mugabe over rights abuses

      Date: 18-Nov, 2004

      JOHANNESBURG - Zimbabwean and Canadian lawyers say they expect to have
President Robert Mugabe locked up for crimes against humanity before next
year's March parliamentary election.

      Human rights lawyer Gabriel Shumba and Amir Attaran a University of
Ottawa law professor who are leading a campaign to indict Mugabe to Canada
for trial said chances of success were now brighter than ever.

      "We are now appealing to Canadians who were tortured in Zimbabwe or
anyone who has attained Canadian citizenship but was in Zimbabwe at the time
when he or she was tortured," said Shumba.

      Shumba said they needed the list of Canadian victims after the
Canadian government indicated it could consent to indictment if there was a
Canadian connection to the crimes against humanity committed by Mugabe's
government.

      Attaran said the campaign to have Mugabe arrested, which started more
than a year ago, has been strengthened by the recent appointment of House of
Commons backbencher, Irwin Cotler as Minister of Justice and Attorney
General of Canada.

      He said Cotler strongly supported them when they started the move to
indict Mugabe. "We think he is the right man to deal with the issue now,"
said Attaran.

      Cotler, an international human rights lawyer is a former special
adviser to the Minister of Foreign Affairs on the International Criminal
Court and has served as counsel to former prisoners of conscience in the
former Soviet Union, South Africa and Asia.

      Attaran was optimistic that Cotler would expedite their case by
granting the government consent that they require before they can apply for
Mugabe's arrest warrant in Canada.

      If granted, Mugabe could be arrested in any of the Commonwealth
countries that have an extradition agreement with Canada.

      Mugabe and most of his cronies have been slapped with travel bans by
the US and European Union but still travels to countries such as Malaysia
and South Africa where he risks being arrested should the lawyers obtain an
arrest warrant.

      The lawyers said they would apply for the arrest warrant using the
Crime Against Humanity and War Crimes Act passed a few years ago.

      The main objective of the act is to bring perpetrators of crimes
against humanity to justice.

      Mugabe is accused of perpetrating violence against his opponents and
the massacre of about 20 000 Ndebeles in the early 1980s during political
disturbances in Matabeleland. He has however expressed regret over the
killings saying it was "an act of madness". Over 1 000 Zimbabweans have died
in political violence since 2000.
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conservatives.com

      South Africa must do more about Zimbabwe

      South Africa must take urgent action to bring about change for the
people of Zimbabwe, President Mbeki was told today when he visited the
European Parliament.

      Conservative MEPs Geoffrey Van Orden and Neil Parish met Mr Mbeki and
handed him a letter urging him to take action on this issue.

      In their letter, the MEPs wrote:

      "Earlier this year the European Parliament called upon 'South Africa
in particular to act effectively to bring about change in Zimbabwe'. South
Africa holds the key to change in that oppressed country.

      What has been your response to the appeal of the international
community and of those millions of Zimbabweans suffering under the Mugabe
dictatorship?

      Conditions in Zimbabwe have deteriorated dramatically in the last
year. We therefore call upon you to take action, as a matter of urgency, to
help bring about change for the better for the people of Zimbabwe."

      Recent action by Conservative MEPs has already had results. Mr Van
Orden said:

      "We have deterred a banned Mugabe Minister, Kumbirai Kangai, from
attending the forthcoming EU-ACP (African, Caribbean, and Pacific countries)
Joint Parliamentary Assembly in The Hague this weekend.

      This is in spite of the willingness of the Dutch Government to issue a
visa to him. If we keep up the pressure we can make a difference. Now we
need the support of President Mbeki."
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Activists criticise UK's resumption of forced repatriation

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

JOHANNESBURG, 17 Nov 2004 (IRIN) - Zimbabwean human rights activists have
criticised the British government for its decision to end a two-year
suspension of the forced repatriation of failed asylum seekers.

Des Browne, the British minister for citizenship and immigration, announced
on Tuesday that while "there has not been any improvement in conditions in
Zimbabwe", he was removing the suspension put in place in January 2002, as
it was being abused.

"We can appreciate the fact that the suspension was perhaps being abused,
but the timing of the announcement - ahead of the [Zimbabwe] general
elections [in March 2005], when a number of opposition party supporters
could possibly face persecution - is unfortunate," said Bidi Munyaradzi,
director of the Zimbabwe Human Rights Association.

"There are a number of Zimbabweans who have fled because of economic
reasons, but there remains a substantial number who face pressure because of
their political leanings," he told IRIN.

Maeve Sherlock, the chief executive of the UK-based NGO, the Refugee
Council, which works with asylum seekers, has called on the British
government to monitor "what happens to those who are sent back. No one
should be sent back to Zimbabwe before monitoring procedures are in place".

Citing asylum statistics released this week, Browne pointed out that in the
first nine months of 2004 the British government granted asylum to 195
Zimbabweans, and some form of protection to more than 25 others, out of a
total of 2,025 applicants.

With a 90 percent refusal rate and the dismissal of 82 percent of subsequent
appeals to the independent adjudicator, "the clear message is that the
majority of Zimbabwean asylum applicants are able safely to return to
Zimbabwe," he added.

However, Sherlock said, "Far too many valid applications are being turned
down".

Several million Zimbabweans are reported to have sought refuge outside their
homeland as a result of the political and economic crisis in their country.
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IOL

Mugabe 'building up his arsenal' before polls
          November 17 2004 at 01:01PM

      President Robert Mugabe has ordered tons of police anti-riot equipment
and other military hardware worth millions of dollars from China to prepare
his security forces for quelling anti-government protests before and after
next March's general elections.

      Authoritative sources said the police and the military were being
fully prepared to deal with internal disturbances being mooted by the
opposition Movement for Democratic Change (MDC) should it boycott next
year's poll.

      Mugabe has opted for equipment from China after several European
countries imposed an arms embargo on his regime.

      The exact details of the new order placed slightly over a week ago
could not be ascertained, but officials said police anti-riot equipment,
including several tons of teargas, would constitute the bulk.

      It is understood that the MDC is planning a sustained civil
disobedience campaign if it decides to boycott next year's poll.

      MDC spokespersons have not publicly spoken about their "Plan B", but
in private, party officials say the MDC is not prepared to become irrelevant
or die a natural death. - Independent Foreign Service

          .. This article was originally published on page 4 of Cape Argus
on November 17, 2004

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SABC

IMF says no new Zimbabwe loans, but lauds changes

November 17, 2004, 15:30

The International Monetary Fund (IMF) has no plans to resume lending to
Zimbabwe, but commended central bank-led efforts to turn around the
struggling economy, an IMF official said today.

Abdoulaye Bio-Tchane, the director of the IMF Africa department, told state
radio that tight monetary policy pursued by the Reserve Bank of Zimbabwe was
stabilising the economy, which the IMF says has contracted by 30% in the
past five years. "There have been strong measures around the monetary area,
the central bank has been very active in putting forward a strong monetary
policy supported by fiscal policy that has held back inflation. There has
been clearly a turn around," Bio-Tchane told the radio.

But the radio quoted Bio-Tchane as saying the IMF had no plans to make new
loans to Zimbabwe. The IMF halted aid to Zimbabwe in 1999 over disagreements
with Harare's economic policies and last year began steps to expel Zimbabwe,
which has been in arrears since 2001. The state-owned Herald newspaper
reported that Bio-Tchane had met Robert Mugabe, the president of Zimbabwe,
yesterday and officials from the Finance Ministry.

Ready to cut ties
Mugabe, who in the past has said Zimbabwe was ready to cut ties with the
IMF, in early September snubbed a scheduled meeting with Rodrigo Rato, the
IMF chief, during an African summit in Ouagadougou, Burkina Faso. Bio-Tchane
said there was still room for the central bank to continue tightening its
monetary policy while strengthening the fiscal policy in order for the
economy to create jobs, facilitate exports and lure investors.

He said the IMF would continue monitoring the situation in Zimbabwe. In
September the IMF expressed concern over Zimbabwe's economic crisis, the
worst since independence in 1980, saying corruption and lack of rule law had
severely dented confidence and hurt its neighbours. But the central bank
says its policies have slowed down inflation, stabilised the exchange rate
while largely snuffing out a thriving parallel market for foreign exchange
and resulted in higher export earnings.

The RBZ last December pushed interest rates to over 900%, which made
borrowing expensive and helped to stamp out rampant speculative trading.
Monetary supply growth slowed to 320% in August from 500% in January.
Zimbabwe has been making quarterly payments to the IMF since the start of
the year on its almost $300 million debt. Critics blame Zimbabwe's economic
crisis illustrated by shortages of foreign currency and fuel, a jobless rate
of more than 70% and an inflation rate of over 200% on mismanagement by
Mugabe's government. Mugabe instead charges that domestic and foreign
opponents led by Britain have sabotaged the economy to punish him for his
policy on seizures of white-owned farms for landless blacks. - Reuters
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From News24 (SA), 17 November

Criticising Mugabe is a crime

Harare - An unemployed Zimbabwean was sentenced to 140 hours of community
service for calling President Robert Mugabe a dictator and saying British
Prime Minister Tony Blair was a liberator. Reason Tafirei, 31, was arrested
on November 10 and kept in police cells until his trial on Monday and
Tuesday on a charge of "undermining the authority of the president." That
offence is included in the draconian Public Order and Security Act, a law
widely condemned by human rights lawyers and groups in Zimbabwe and
internationally. Douglas Saungweme, an official of Mugabe's ruling Zanu-PF
party heard Tafirei tell other passengers on a bus that "Mugabe is a
dictator who rules by the sword while Tony Blair is a liberator." Saungweme
ordered the bus driver to go to the police, who arrested Tafirei. At his
trial, Tafirei, who could not afford a lawyer, pleaded guilty. "I plead for
forgiveness," he told Magistrate Shelton Jura in Harare's Chitungwiza
suburb. "The truth is I committed the crime through shouting these words.
May you please be merciful." Jura said: "A wholly suspended sentence would
meet the justice of the case." He imposed an eight month jail term, half of
which was suspended on condition Tafirei commit no similar offence in the
next five years, the other half on condition he completes the community
service at a school. He will likely clean and do other janitorial duties
during his service. Mugabe, 80, and in power since 1980 independence, is
facing widespread discontent over runaway inflation, unemployment and food
shortages. Mugabe claims mounting opposition is a British conspiracy to
reverse the redistribution of 5 000 formerly white owned farms to black
Zimbabweans.
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'Exam Leakage Probe Almost Complete'

The Herald (Harare)

November 17, 2004
Posted to the web November 17, 2004

Harare

INVESTIGATIONS into the leakage of the Mathematics Ordinary Level
examination paper in Kadoma are nearly complete and the culprits are
expected to appear in court soon.

Zimbabwe Schools Examination Council (Zimsec) spokesperson Ms Faith
Chasokela said the probe had reached its final stages.

"Investigations are still ongoing and some people have been picked up for
questioning by police. More suspects are expected to be picked up," said Ms
Chasokela.

"I cannot disclose the identity of those picked up so far until they appear
in court, but what I can say is that none of the suspects are Zimsec
employees."

The Mathematics Paper 1 that had initially been set for November 10 was
rescheduled to November 12.

Zimsec said the leakage occurred when spoilt papers were being taken for
destruction.

Ms Chasokela said there was a tendency for people to blindly blame Zimsec
for any examination-related problem, yet there are many players in the
running of the exams.

She gave an example of the printers she said Zimsec had no control over.

Acting Minister of Education, Sport and Culture Dr Ignatius Chombo has since
exonerated Zimsec.

In a ministerial statement he issued in Parliament last week, Dr Chombo said
Zimsec had professionally discharged its duty of running examinations.
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