http://www.swradioafrica.com
By Tichaona
Sibanda
3 November 2011
A three-member SADC Troika team that is meant
to assist the inclusive
government with implementation of the Global
Political Agreement (GPA) is to
be deployed to Zimbabwe in two weeks
time.
MDC-T spokesman Douglas Mwonzora told SW Radio Africa on Thursday
that he
was assured by President Jacob Zuma’s facilitation team that the
SADC
technical committee will be in the country before the end of
November.
Members of the team are to be seconded by their Heads of State
who sit on
the Troika, which is chaired by the South African President.
Other members
of the Troika are Zambia and Tanzania.
Mwonzora met the
facilitation team of Lindiwe Zulu and Charles Nqakula in
Harare on
Wednesday. He said they discussed the deployment of the team,
which Prime
Minister Morgan Tsvangirai described to journalists in Harare on
Wednesday
as being ‘long overdue.’
At a summit in Livingstone back in March SADC
resolved to appoint a team
that would help speed up implementation of the
issues already agreed to by
the country’s political parties. This was after
the regional leaders
criticized the unity government for their slow progress
in implementing the
GPA.
SADC has since held summits in South Africa
and Angola, which simply
‘reaffirmed’ the resolutions that were made in
Livingstone with no movement
in sight on the deployment of the
team.
According to Mwonzora the team is supposed to provide regular
progress
reports on the implementation of the outstanding GPA issues and,
where
possible, take appropriate action.
‘We are praying that the
team will come as promised because we have seen in
the past that ZANU PF has
been resisting the appointment of these officials
to sit in JOMIC,’ Mwonzora
said.
ZANU PF has insisted that they will not accept the involvement of
Troika
representatives in Zimbabwe’s affairs. But Mwonzora said it is not up
to
them to decide, and no election in Zimbabwe will be deemed credible
without
monitoring by SADC authorities.
Asked about ZANU PF’s
statement that it has lost faith with the GPA forum of
negotiators and
wanted other platforms to deal with outstanding issues, the
MDC-T legislator
for Nyanga North told us he was not amused by that.
‘What do you expect
from a party that reneges on anything that it agrees on?
There are several
issues in the GPA that have been resolved but ZANU PF has
failed to
implement them. So who is being a stumbling block? They were told
by SADC to
stop violence, but violence has escalated in the past few months.
‘It is
disingenuous for ZANU PF to try and blame the MDC. We all know they
are not
comfortable with Zuma’s firmness and they want him and his team out.
That is
what they mean when they say they want the establishment of other
platforms
for negotiations,’ Mwonzora added.
http://www.swradioafrica.com/
By Tererai Karimakwenda
03
November, 2011
Violent scenes from Harare’s besieged Mbare suburb made
the headlines this
week as the facilitation team representing South Africa’s
President Jacob
Zuma arrived in the capital for talks with the
negotiators.
This was not the first time that ZANU PF sponsored violence
coincided with a
visit by Zuma’s team, who continue to maintain a neutral
position on the
issue, saying elements from all political parties are
perpetrators.
In addition, riot police besieged the headquarters of the
MDC-T at Harvest
House on Tuesday, claiming they were looking for vendors
who had caused
chaos earlier and were hiding inside. Teargas was used on
innocent staff
members and passersby on the streets around Harare. Again,
there was silence
from team members Lindiwe Zulu and Charles
Nqakula.
There is growing concern that the facilitation team and SADC
leaders lack
the political will to deal with resistance from ZANU PF. There
is also a
growing realization that SADC has no punitive powers and ZANU PF
is taking
advantage of that fact, particularly when it comes to
violence.
Piers Pigou, Project Director for the International Crisis
Group Southern
Africa region, explained that the ZANU PF attacks send very
clear messages
of what the party and their supporters can do. “And to some
extent they are
also testing the waters,” Pigou added.
Pigou told SW
Radio Africa on Thursday that the attacks may also be part of
ZANU PF’s
efforts “to claw back” some of the progress that the MDC made at
the
Livingstone summit back in March, when SADC took a tougher stance on the
violence issue and ordered the parties to respect the spirit of the
GPA.
“There are efforts within ZANU PF to neutralize the effectiveness of
the
facilitation team, which is now viewed by some in the party as an agent
of
the regime agenda,” Pigou said.
It has been seven months since the
Livingstone summit, where regional
leaders resolved that the parties must
respect the spirit of the GPA, but
not much has been
accomplished.
Pigou explained this by saying SADC makes decisions through
consensus and
progress is very slow.
At the Livingstone summit back
in March, regional leaders resolved to send a
SADC team to help the Joint
Monitoring and Implementation Committee (JOMIC)
to speed up progress on the
remaining, contentious issues in the GPA. That
team has now finally been
promised in two weeks time, raising hopes once
again.
But as always,
time will tell whether it actually happens.
There is a silent war going on in rural Zimbabwe targetting MDC members, activists and office bearers. In a campaign of harassment and violence, Zanu PF is putting intolerable pressure on opposition members forcing them to abandon their homes and seek refuge in urban areas where MDC regional offices and safety can be found. This, at a cost to their livelihoods, has left many Zimbabwean citizens dispossesed of a normal life in their new status as internally displaced persons.
http://www.dailynews.co.zw/
By Nkululeko Sibanda, Senior Writer
Thursday, 03
November 2011 18:16
HARARE - Senior Assistant Commissioner Edmore
Veterai, the officer
commanding Matabeleland North police — for long accused
of banning MDC
meetings in his area of jurisdiction, says his office has no
problems
working with Prime Minister Morgan Tsvangirai’s MDC.
He said
he had no problems with the MDC that he can conduct “mouth to mouth
resuscitation of any MDC member in the case of accidents.”
Veterai
said had it been that the police had so much hatred of the MDC
members, such
life-saving activities would not be carried out.
But the MDC has
maintained that Veterai has an axe to grind with the party
accusing him of
political bias.
However, Veterai told the Daily News in an interview that
he carries out his
duties in a professional manner.
“We do carry out
our various duties in a diligent manner. One wonders what
the MDC refers to
when they say we are selective in the application of the
law.
“We do
mouth to mouth resuscitation of all people involved in accidents,
regardless
of whether they are MDC or Zanu PF or belong to any other party.
When we
assist children to cross roads, we assist all children, even those
whose
parents are from the MDC. I wonder what type of selective application
of the
law they are talking about,” said Veterai.
He said the MDC has largely
been barking the wrong tree when putting forward
their grievances against
the police.
Veterai said he found the MDC’s allegations misplaced as he
was not in
direct control of proceedings in the province.
“I believe
this is case tantamount to barking up the wrong tree in as far as
the MDC is
concerned on issues pertaining to the daily functions of the
police,” he
said.
“I am the officer commanding police in Matabeleland North province.
The
police structure is made in such a way that all districts have their own
commanders and these are the ones that are supposed to deal with
applications for things such as rallies.”
In addition, he said the
party’s claim of selective application of the law
was misplaced as he
believes he has been carrying out his job diligently.
“I wonder where
this allegation is coming from. All I know is that I have
done things to the
best of my professional ability. I have not failed in
that regard. Anyone
who says I have been partisan in my approach as the
officer commanding
Matabeleland North province obviously has his or her
personal problems that
have nothing to do with my work as the senior police
officer in the
province,” he added.
The MDC has accused Veterai of banning the party’s
rallies in Matabeleland
North province and causing untold suffering to
senior MDC officials in the
province through arbitrary
arrests.
Despite his strenuous denials, Veterai has a celebrated brush
with the MDC
dating back to the 2008 presidential run-off poll.
The
senior cop impounded a number of vehicles belonging to the MDC that had
been
deployed by the party to carry out ground work ahead of the watershed
2008
election.
Veterai, the MDC also believes, is behind the move by the
police to impound
a bullet proof BMW X5 vehicle that was donated to MDC
leader, Morgan
Tsvangirai by South African businessman, Adrian Espag for
campaign purposes.
Just last weekend, police in the province banned two
of the three rallies
Tsvangirai was supposed to address in Lupane and Binga
areas.
They claimed they did not have adequate manpower and that there
were state
functions that were being held in the areas where the MDC had
planned to
hold its rallies, hence they feared there could be clashes
involving MDC
supporters.
http://www.dailynews.co.zw/
By Pindai Dube
Thursday,
03 November 2011 14:46
BULAWAYO - Deputy Prime Minister and MDC Vice
President, Thokozani Khupe
said some top MDC officials who are former Zanu
PF members are now working
to destroy her party from inside.
Speaking
to journalists in Bulawayo at the weekend at Lotshe Primary School
in
Makokoba, Khupe said some former Zanu PF cadres who are now senior
members
of her party, whom she refused to name should resign now before they
are
expelled as they are causing divisions.
“We have people who are former
Zanu PF members and are now causing divisions
in my party, so I call on them
to resign, before they are expelled. These
people brought their Zanu PF
tendencies when they joined,” said Khupe.
Khupe added: “These people are
also violent and they should leave us working
in harmony in the MDC. The MDC
is a party of peace and we also don’t want to
be divided by these
people.”
Towards the MDC national congress held in Bulawayo in April
violence erupted
during the party’s provincial and districts
elections.
The MDC provincial elections in Bulawayo and Midlands were
abandoned several
times as rivals factions clashed.
In Bulawayo
province, two rival camps one led by State Enterprises Minister
Gorden Moyo
and another by Mzilikazi Senator Matson Hlalo clashed which saw
12 party
members getting arrested.
During the party congress, Prime Minister and
MDC leader Morgan Tsvangirai
said he will set up an independent commission
of inquiry to investigate
senior officials behind an orgy of violence
witnessed during the run up to
the party’s congress.
Tsvangirai said
that MDC had pictures of the culprits adding that they would
not get away
with the mischief.
He said the party’s national executive had resolved to
expel all the
culprits.
http://www.washingtonpost.com
By Associated Press, Updated: Friday, November 4, 1:29
AM
HARARE, Zimbabwe — The Zimbabwean government, the United Nations and
other
Western donors have launched an $85 million education fund aimed at
improving education in the country’s secondary schools.
Zimbabwe’s
educational system was once a model in the region, but schools
have been
brought to a near standstill by years of political and economic
turmoil. The
chaos has deprived millions of children of schooling.
UNICEF
representative Peter Salama said Thursday that the $85 million fund
aims to
provide a textbook for every child in the country’s 2,300 secondary
schools.
The program also will target 200,000 absentee children from
the most
impoverished and vulnerable communities. Last year, UNICEF donated
$50
million for primary school textbooks.
http://www.swradioafrica.com/
By Lance Guma
03 November
2011
SW Radio Africa’s shortwave broadcast on Wednesday evening was
jammed by the
Mugabe regime. Ironically jamming began after our news
bulletin and just as
an interview on Question Time was about to begin with
ZANU PF spokesman
Rugare Gumbo.
In 2005 Mugabe’s regime began jamming
SW Radio Africa frequencies, just
before the controversial Operation
Murambatsvina. It was reported that the
jamming equipment and expertise was
provided by China and at the time we
spoke to a soldier who says he was sent
to China to be trained in jamming
techniques.
The jamming has been
intermittent since then and often targets our flagship
Newsreel bulletin,
using a loud and irritating noise to drown out the
broadcast. In March 2007
then Deputy Information Minister Bright Matonga
admitted they were jamming
our broadcasts. He told parliament they were
generating electronic
interference to prevent reception.
SW Radio Africa is run by exiled
Zimbabweans who, because of repressive
media legislation, are not allowed to
broadcast from home. In 2000 the
station, then called Capital Radio,
challenged the government’s broadcasting
monopoly and won its case in the
Supreme Court.
But after just 6 days of broadcasting the station was shut
down by Mugabe
using his presidential powers, and with a bit of help from
armed
paramilitary.
http://af.reuters.com/
Thu Nov 3, 2011 9:40am
GMT
WASHINGTON (Reuters) - The United States agreed to a compromise
allowing
Zimbabwe to export diamonds that human rights groups say are
tainted by
abuses, to prevent the paralysis of the global system for
stopping trade in
"blood diamonds," the State Department said on
Wednesday.
The United States, Canada and the European Union dropped their
objections
and agreed to allow Zimbabwe to sell diamonds from its Marange
field after
verification by a Kimberley Process monitoring team, the World
Diamond
Council announced on Tuesday.
The Kimberly Process is an
international government certification scheme set
up in 2003 to prevent the
trade in diamonds that fund conflicts.
The decision by the United States,
Canada and the EU was strongly condemned
by human rights groups who maintain
that the Marange diamonds are tainted by
abuses tied to Zimbabwean President
Robert Mugabe's government.
State Department spokeswoman Victoria Nuland
said the United States
abstained from Tuesday's vote, but chose not to block
the measure, which she
said still included provisions for oversight and
reporting by civil society
groups.
"We think this compromise might
have been stronger and that's why we
abstained," Nuland told a news
briefing. "So we judge that rather than
having the entire Kimberley process
deadlocked over Zimbabwe we would
abstain, we would let this go
forward."
Under the agreement the Kimberley Process, which certifies that
revenues
from diamond sales will not fund conflicts, will send two monitors
to
Zimbabwe in the next two weeks to assess and certify the
diamonds.
Rights groups say there have been abuses in Zimbabwe against
illegal miners,
smuggling is rife and some mines in Marange remain in the
hands of
Zimbabwe's military. Mugabe's government denies all these
charges.
Last year, Zimbabwe was allowed by the Kimberley Process to sell
a small
amount of diamonds, but the United States, Canada and EU said then
that
human rights issues still remained.
Zimbabwe's state-owned
Herald newspaper reported earlier that the United
States was likely to drop
its objections to the sale of Marange diamonds in
return for support from
African members for its bid to chair the Kimberley
Process in
2012.
Nuland noted that the U.S. maintains its own sanctions on Zimbabwe
officials
and government agencies including the parastatal organization that
oversees
Marange diamond exports, meaning no U.S. citizen could be involved
in the
trade.
She also said the onus was now on Mugabe's government
to live up to its
commitments under the Kimberley Process
compromise.
"Previously we had no ability to affect Zimbabwe's behavior.
With this
compromise ... we do have some eyes on this process, we have
reporting
requirements, we have civil society there which was a better
situation than
we've had in the past," she said.
"So we need to test
it now and we need to see if the Mugabe government does
indeed meet the
commitments that it signed up to."
http://www.diamonds.net/
ZMDC, MMCZ, Top
Leaders Remain on List
Nov 2, 2011 3:50 PM By Jeff
Miller
RAPAPORT... U.S. State Department spokesperson Victoria Nuland
addressed the
government's position on rough diamond exports from Zimbabwe
during a daily
press briefing and confirmed that those in the U.S. must
follow the
''American-targeted sanctions against individuals and entities in
Zimbabwe''
who are undermining democracy there. These sanctions prohibit
U.S. citizens
and firms from engaging in any transactions with those people
on the list,
and some currently include the parastatal entity that oversees
the diamond
exports from Marange, she said. The Kimberley Process granted
permission
yesterday for Zimbabwe to sell and export rough diamonds
immediately.
The list was updated November 1 and is also known as
"specially designated
nationals and blocked persons" (SDN List), which
includes Zimbabwe's
President Robert Mugabe, and his numerous family
members, along with the
country's Mines Minister, Obert Mpofu, and diamond
entities such as the
Zimbabwe Mining Development Corporation (ZMDC) and
Minerals Marketing
Corporation of Zimbabwe (MMCZ), among
others.
Nuland explained that the U.S. abstained from voting on the
"nonbinding
decision,'' to allow Zimbabwe to sell and export rough diamonds,
during the
Kimberley Process plenary session yesterday. ''However, we also
did not
block the Kimberley Process moving forward,'' she added. Nuland
explained
that the E.U., since June, has led an intensive round of diplomacy
with
Kimberley Process stakeholders, including Zimbabwe, to reach a
compromise.
''And whereas we think this compromise might have been
stronger -- and
that's why we abstained -- the compromise that was agreed
yesterday does
include provisions for continued oversight and continued
reporting by civil
society. So we judge that, rather than having the entire
Kimberley Process
deadlocked over Zimbabwe, we would abstain, we would let
this go forward,''
she said.
When asked if the U.S. believes Mugabe's
government would live up to the
transparency requirements set by the
Kimberley Process, Nuland said this
was the expectation and the standards
agreed to. ''With this compromise, as
I said, we do have some eyes on this
process. We have reporting
requirements. We have civil society there, which
was a better situation than
we've had in the past. So we need to test it
now, and we need to see if the
Mugabe government does, indeed, meet the
commitments that he signed up to,''
she concluded.
http://www.radiovop.com/
Harare, November 03, 2011 – Embattled
Centre for Research and Development
director, Farai Maguwu has lashed out at
global diamonds watchdog, Kimberly
Process' decision to allow Zimbabwe to
trade freely in her alluvial diamonds
without paying heed to issues of
massive looting and rights abuses in
Marange.
“The deal does not
protect the Marange community from abuses. The deal is
silent on human
rights. Neither does it call on the Zimbabwean authorities
to protect the
Marange community,” Maguwu said.
The rights campaigner speaking in a
telephone interview with Radio VOP
from the United States of America where
he went to receive the prestigious
Human Rights Watch Alison Des Forges
Award for
extraordinary Activism.
“The deal is a step in the right
direction but it falls short of our
concerns as Zimbabweans,” he
said.
“It sweeps under the carpet the failure by Zimbabwe to implement
earlier
agreements reached in Namibia and St Petersburg
recently.
“This is the third deal on Zimbabwe in as many years and
there is no
justifiable reason to think this ‘deal’ will mark a turning
point in
Zimbabwe’s commitment to the KPCS and to transparency and
accountability. It
is largely a blank check to the privileged few who are
making a killing out
of Marange diamonds.”
Maguwu, once labelled
a threat to national security by President Robert
Mugabe’s regime, has
braved persistent state persecution defending the
rights of civilians and
communities in the diamond rich
Marange communal lands in
Manicaland.
Also commenting on the Kimberly Process decision to grant
Zimbabwe
permission to trade in her diamonds, Prime Minister Morgan
Tsvangirai said
it was time President Robert Mugabe and his loyalists
demonstrate
transparency in the trade of the precious gems and justify what
they had all
along been clamouring for.
“What we are of course
concerned about is that once those diamonds have been
disposed of, all the
money must go through the fiscus,” Tsvangirai said to
journalists at a media
briefing Wednesday.
“There must be transparency in the manner in which we
mine and dispose of
our diamonds. That is the most important thing. What has
been mined is a
national resource. How we exploit that national resource is
in
the national interest not in a partisan interest. I am hoping that this
green light by KP allows us as government to control the resources from
Marange in a transparent and open manner.”
Meanwhile, the National
Association of Non Governmental Organisations
(NANGO) has congratulated
Maguwu for landing the human rights award and
commended him for his bravery
in the face of persistent state
persecution.
"Mr. Maguwu is a leading
figure in the struggle by Zimbabweans for orderly
and transparent extraction
and utilisation of natural resources for the
benefit of the nation," NANGO
Director of Programmes
Machinda Marongwe said in a statement.
"He
has been repeatedly prosecuted and detained by law enforcement agents
and
been changed under the notorious Section 31 of the Criminal Law
(Codification and Reform) Act. Despite all the prosecution and
harassment
he has remained focused and continued with this important work
that CRD
remains seized with."
The Alison Des Forges Award for extraordinary
Activism is an annual honour
given by global rights watchdog, Human Rights
Watch to individuals
throughout the world who have put their lives and
safety
at risk in the name of defending human rights.
It is named
after Dr. Alison Des Forges, a senior adviser to Human Rights
Watch's Africa
division for almost two decades, killed in a plane crash in
February
2009.
Des Forges dedicated her life to working on Rwanda and was the
world's
leading expert on the 1994 Rwanda genocide and its aftermath.
http://www.swradioafrica.com/
By Alex Bell
03
November 2011
The civil society wing of the international diamond trade
watchdog, the
Kimberley Process (KP), has slammed a new deal which
green-lights the sale
of Zimbabwe’s controversial Chiadzwa diamonds, saying
it ignores human
rights.
The deal was reached this week at the KP’s
plenary session in theDRC, which
was boycotted by the KP Civil Society
Coalition over the body’s failure to
end diamond fuelled human rights
abuses. Such abuses have been ongoing
inZimbabwe’s Chiadzwa alluvial fields,
where documented evidence of torture,
violence and rampant smuggling is
still being recorded.
But despite this evidence the KP this week ended a
two year long deadlock on
the country’s trade future and agreed that sales
from Chiadzwa can go ahead.
The Civil Society Coalition, which includes
Partnership Africa Canada (PAC),
Global Witness and others, said the deal
“letsZimbabweoff the hook, again.”
The PAC’s Alan Martin told SW Radio
Africa on Thursday thatZimbabwehas
failed to fulfill commitments it made to
reform its diamond trade, which the
KP is now completely
overlooking.
“It seems that the KP was looking for an exit strategy on
theZimbabwecase,
because it has really dominated the KP for the last two
years. But this deal
is a hard knock against an already battered initiative,
that does nothing to
protect the integrity of the diamond industry,” Martin
said.
The civil society groups have also raised concern that the diamond
sales
might be funding ZANU PF’s campaign of violence ahead of fresh
elections.
Martin agreed that this is a serious, justifiable concern,
because key ZANU
PF members are implicated in the corruption at
Chiadzwa.
Zimbabwe’s new diamond deal is a surprise turnaround from many
Western KP
members, who have previously raised concerns about ongoing abuses
at
Chiadzwa. TheUS,Canadaand the European Union (EU) all dropped their
objections againstZimbabwethis week, despite theUSand EU both maintaining
targeted sanctions against the same regime in control of the Chiadzwa
diamonds.
State Department spokeswoman Victoria Nuland said theUShad
abstained from
Tuesday’s KP vote, but chose not to block the
measure.
“We think this compromise might have been stronger and that’s
why we
abstained,” Nuland told a news briefing. “So we judge that rather
than
having the entire Kimberley Process deadlocked overZimbabwewe would
abstain,
we would let this go forward.”
Nuland did not clarify how
theUSwill be involved, given that its sanctions
are still in place against
the key Chiadzwa players, including the Mugabe
family, General Constantine
Chiwenga, Emmerson Mnangagwa, Augustine Chihuri,
and Mines Minister Obert
Mpofu. The state owned Zimbabwe Mining Development
Corporation (ZMDC), which
is part of two joint venture groups currently
mining in Chiadzwa, is also on
theUSsanctions list.
Mines Minister Obert Mpofu has led ZANU PF’s welcome
of the KP’s decision
this week. Mpofu, who is on the sanctions lists, has
been implicated in
extensive fraud including a US$2 billion diamond fraud
case. In March 2010
Mpofu attracted the interest of a parliamentary
committee investigating the
plunder of the diamond fields, when he went on a
massive property buying
spree.
He told a press briefing this week
that the deal will
helpZimbabweeconomically, with the Chiadzwa fields
believed to be worth at
least two billion dollars a year. He insisted that
millions of dollars have
already been realised from diamond sales. This is
despite Finance Minister
Tendai Biti stating earlier this year that at least
US$100 million in
diamond profits has not been seen by the
Treasury.
Analyst Clifford Mashiri told SW Radio Africa that until proper
legislation
is in place to ensure transparent diamond transactions, there is
little
chance that the decision by the KP this week will benefit
Zimbabweans. He
said the KP decision is “very disappointing.”
http://www.swradioafrica.com
By Lance Guma
03
November 2011
The suspicious death of retired army general Solomon Mujuru
continues to be
a thorny issue within ZANU PF, after several reports
suggested politburo and
central committee meetings are avoiding discussion
on the matter.
Vice President Joice Mujuru’s husband died when the
farmhouse he was
sleeping in caught fire, but since then the results of a
police
investigation have been kept under wraps. The police instead said
they had
forwarded their findings to the courts, who have since ordered an
inquest.
The late general led the so-called Mujuru faction in ZANU PF
that is
involved in a contest for influence with the faction led by Defence
Minister
Emmerson Mnangagwa. Mujuru faction members are angry at the manner
in which
his death has been handled and the lack of appetite within the
party to
discuss the matter.
Mujuru’s allies are said to be pushing
for his remains to be exhumed to
hopefully establish the real cause of
death. Forensic experts say it’s
possible to test his remains for traces of
poison or any other factors that
could have caused his death. Several family
members are pushing for
independent investigators from outside the country
to examine the case as
they fear local political manipulation.
On
Wednesday ZANU PF spokesman Rugare Gumbo was a guest on SW Radio Africa’s
Question Time programme. He denied that the police report on Mujuru’s death
was being kept under wraps saying: “If police say it’s with the courts, then
it’s up to the court to decide. So it’s now subjudice and we can’t comment
on something that is in the court.”
Gumbo tried to downplay the
agitation amongst fellow ZANU PF members over
the Mujuru issue adding: “I
don’t see it dividing us because we tend to
follow the law of the country.
The police are there to make sure that
investigations are done properly, if
they produce a report and refer it to
the courts for an inquest, we support
that.
Asked to comment on ZANU PF MP’s using parliament to demand answers
on the
Mujuru case, Gumbo told SW Radio Africa: “ Members of Parliament from
the
party have their views, that’s what we call democracy isn’t?”
The
matter continues to generate intrigue after recently leaked US
diplomatic
cables suggested that relations between Mujuru and Mugabe were so
strained
that at one time that the two did not speak to each other. This was
after
Mujuru challenged the ZANU PF leader to step down.
Speculation heightened
last week when a businessman with close links to the
Mujuru faction was
arrested on allegations of espionage and illegally
setting up satellite
communication equipment to leak official secrets to
foreign
countries.
Prominent banker Farai Rwodzi, a non-executive director at
telecoms company
Africom Holdings, was arrested alongside acting chief
executive Simba
Mangwende and Oliver Chiku from Global Satellite
Systems.
Allegations are that the trio “connived to install communication
equipment”
and connect it to the “Africom main network system without the
authority or
knowledge of Africom management and the Post and
Telecommunications
Regulatory Authority of Zimbabwe.”
http://www.radiovop.com/
Bulawayo, November 03, 2011- Cabinet
has not discussed pursuing the European
Union (EU) over sanctions imposed on
President Robert Mugabe, the Movement
for Democratic Change (MDC) leader,
Welshman Ncube confirmed.
Ncube said Ministers have only learnt about
moves by Attorney General,
Johannes Tomana to sue the EU on newspapers and
state radio.
“It has not been discussed at Cabinet level. We have
only learnt about that
(suing the EU) on newspapers and state radio. We have
not been briefed,”
Ncube said in his response to Radio VOP inquiries on
the
cabinet position on suing the EU.
Ncube however said his party
supports the removal of sanctions, adding that
they are an obstacle to
economic development and are hurting Zimbabwe.
“Indeed anyone who
supports democracy in Zimbabwe must support the removal
of sanctions. They
(sanctions) are being used by Zanu-PF to deny Zimbabweans
their democratic
rights.
“Furthermore, sanctions are hurting Zimbabwe. It is because
of these
sanctions that Zimbabwe has a poor credit rating internationally,
they are
an obstacle to free trade and business,” he added.
The
country’s AG was quoted by state Herald newspaper last week saying he
has
assembled a team of lawyers to file a lawsuit against the EU, adding
that
what is left is to get the necessary travel documents to enable us to
travel
to Europe.”
Tomana would not give the exact details contained in the
lawsuit, saying
that it is not yet a public document, The Herald
said.
Mugabe and his close associates were slapped with travel bans
to European
Union member countries after 2002 disputed presidential poll,
which western
observers said were rigged to hand Mugabe
victory.
Last week Switzerland denied Mugabe's wife, Grace and five
government
officials’ visas to travel with the veteran leader to the
European country
to attend a United Nations telecommunications conference.
http://www.dailynews.co.zw
By Nkululeko Sibanda, Senior Writer
Thursday, 03
November 2011 18:20
HARARE - MDC national chairman Lovemore Moyo has
described Zanu PF as a
sinking ship which can only be joined by those fond
of committing political
suicide.
Moyo said Zimbabweans should vote
carefully during the forthcoming
presidential and general elections expected
to be held next year.
Moyo said voting for Zanu PF during the forthcoming
elections would be a
mistake, Zimbabweans would live to regret for the rest
of their lives.
Zanu PF has been in power since the country attained
independence in 1980,
with Mugabe having been the only leader since
then.
“I surely cannot see a situation where a sensible person can leave
the MDC
to join a dying party like Zanu PF.
There is no one in his
rightful mind who can join a sinking ship and hope to
survive,” said
Moyo.
He added that his party was moving to restructure ahead of the
anticipated
elections in order to beef up its support base.
“We have
managed to restructure our structures and ensuring that we are all
ready for
an election. We have filled gaps where there were some which had
been left
vacant as a result of deaths. We have also put in place structures
where
there were none so that we have solid structures throughout the
country and
it is our hope that all this will ensure a solid MDC foundation
which can be
the basis to defeat Zanu PF in the forthcoming election,” Moyo
said.
He, however, emphasised his party would only take part in
elections
supervised by the regional Sadc body.
“We are definite that
we will participate in elections as long as the
pre-requisites are met in
terms of reforms that Zimbabwean parties, working
with Sadc have laid down.
We are also going to be demanding that the roadmap
towards a free and fair
election be adhered to as this is the only guarantee
we have that if fully
implemented, we are going to hold free and fair
elections in the country,”
Moyo added.
http://www.timeslive.co.za
REUTERS | 02 November, 2011
15:35
The Confederation of Zimbabwe Industries(CZI) said capacity
utilisation rose
to 57.2 percent by the end of the first half of 2011 from
43.7 percent in
the same period last year.
"Notwithstanding the
increase in capacity utilisation, the sector is still
constrained by several
factors which include low product demand, lack of
working capital and
machine breakdown," the CZI said.
It said the cost of production also
remained high, making locally
manufactured goods less competitive than
imports from countries such as
South Africa, whose products have flooded the
Zimbabwean market.
The sector's contribution to gross domestic product
has shrunk to 13 percent
from 22 percent in 2000, before the advent of an
economic crisis triggered
by President Robert Mugabe's seizure of
white-owned commercial farms to
resettle landless blacks.
A coalition
government set up by Mugabe and his rival, Prime Minister Morgan
Tsvangirai
in 2009 put Zimbabwe on a recovery path and saw the sector
growing by 2.8
percent in 2010.
Zimbabwe adopted multiple currencies including the U.S.
dollar and the rand
to replace the local dollar, rendered practically
value-less by hyper
inflation.
Inflation reached 500 billion percent
in 2008, forcing many firms to close,
with capacity utilisation plummeting
to 10 percent at the peak of the crisis
that year.
Inflation has
since come down sharply to single digits while the economy
grew for the
first time in a decade in 2009 and is expected to expand by 9.3
percent this
year.
http://www.thezimbabwean.co.uk
Registrar-General Tobaiwa Mudede has changed lawyers
for the third time in
five months in a matter in which he faces jail for
allegedly defying a High
Court order.
02.11.1108:40am
by ZLHR Legal
Monitor
Dumped by the Attorney General’s Office, Mudede had sought
the services of
private law firm Mushonga, Mutsvairo and
Associates.
But they too, have announced they no longer act on his
behalf, Mudede has
now engaged Mudenda Attorneys as his latest lawyers. He
is battling to ward
off the possibility of jail as well as defend why he has
failed to renew
Canadian-based
Zimbabwean citizen, Sebastian Piroro’s
passport as ordered by High Court
Judge Justice Susan Mavangira in
March.
Another High Court Judge, Justice Chinembiri Bhunu, last week
reserved
judgment on Piroro’s application. Piroro wants Mudede to be jailed
for 90
days for defying Justice Mavangira’s order.
His lawyer, Bryant
Elliot of Zimbabwe Lawyers for Human Rights, argued that
his client’s
application for contempt of court should be urgently set down
for hearing
because he needed to travel for work and his failure to fulfil
his job
obligations could soon result in loss of employment.
Piroro was born and
educated in Zimbabwe and had sought to renew his
passport at the Zimbabwean
embassy in Ottawa. The travelling document was
issued in 2000 and expired
last year. But in response Mudede refused,
alleging that Piroro was a dual
citizen on account of his father having been
born in
Mozambique.
Mudede said Piroro should first renounce Mozambican
citizenship - which he
does not hold - before he could obtain a new Zimbabwe
passport. Piroro’s
father, Saidon, was born in Mozambique.
He
migrated to Zimbabwe around 1955 and never returned to Mozambique. He
became
a citizen of Zimbabwe by registration and had a Zimbabwean identity
number.
Piroro’s mother, born in Marondera, was a citizen of Zimbabwe
by birth.
Justice Mavangira ruled that Piroro was a citizen of Zimbabwe by
birth in
terms of Section 5 of the Constitution of Zimbabwe. – ZLHR Legal
Monitor
http://www.dailynews.co.zw
By Sharon Muguwu, Staff Writer
Wednesday, 02
November 2011 15:03
HARARE - Tourism minister Walter Mzembi says
local hospitality standards
fall far short of international
benchmarks.
Speaking during a press briefing at which he was awarded with
the Most
Prestigious Hospitality Award by the Hospitality Association of
Zimbabwe,
Mzembi said research had shown Zimbabwe being way below the
mark.
“My officials have travelled a great deal in the last two years. We
are
therefore in a position to compare the standards and quality of service
that
we have in our hotels and restaurants with those that we see in our
overseas
destinations whose populations actually constitute the world’s
biggest
international tourism markets,” he said.
“We have noted that
our standards fall way below the world’s average
standards.
“In this
regard, I must say you have a lot to do if we are going to be able
by 2013
to offer the right level of quality service that is expected of the
hosts of
an event of the magnitude and prominence of the United Nations
World Tourism
Organisation General Assembly,” said Mzembi.
He stated that his ministry
would now engage experts to help spruce up
service delivery in the tourism
and hospitality industry.
Mzembi emphasised the need for township and
village tourism so that visitors
could get a grasp of Zimbabwean
life.
“I am fully convinced that if we empower and capacitate township
tourism in
our urban areas and village tourism in our rural areas, we will
have
achieved a great deal that is consistent with sustainable tourism, MDGs
and
our own national objective of equitable development or growth with
equity,”
he said.
http://www.dailynews.co.zw
By Thelma Chikwanha, Community Affairs
Editor
Wednesday, 02 November 2011 15:57
HARARE - ZANU PF is
afraid of the winds of change that are blowing across
the continent hence
its over-reliance on the use of state security apparatus
to crush
dissent.
Analysts told the Daily News after yesterday’s mayhem in
central Harare that
the former ruling party, which has maintained its grip
on security
institutions since entering into a coalition government in 2009,
was now in
election mode and violence was part of its campaign
strategy.
They said Zanu PF was now jittery because of its waning
support.
Political analyst Charles Mangongera said the police action
revealed that
Zanu PF was in panic mode.
“Statements by the likes of
defence minister Emmerson Mnangagwa that North
African uprisings will not
happen here because the military is ready when
nobody has spoken about any
uprising just go to show that they are now
panicking,” said
Mangongera.
Mangongera said Zanu PF was fully aware of the people’s
impatience and were
now desperate to maintain control.
“Zanu PF is
aware that the conditions prevailing are conducive for a
revolution that is
why they are panicking. How can they disrupt Tsvangirai’s
activities when he
is a senior member of the coalition government. In fact
he is the number two
person in government,” Mangongera said.
Mangongera, a leadership academy
associate with the Institute for a
Democratic Alternatives for Zimbabwe
(IDAZIM), said popular revolutions in
North Africa had a bearing on Zimbabwe
and the Zanu PF leadership.
“They fear that one day there is going to be
a revolution,” he said.
Crisis Coalition in Zimbabwe (CCiZ) director
McDonald Lewanika shared
similar sentiments.
“Police have been held
hostage by Zanu PF. This behaviour is not unexpected
from the police. That
is why we as civil society have been calling for
reforms in the security
sector,” Lewanika said.
The CCiZ boss warned the police not to continue
taking Zimbabweans for
granted.
“It is a real possibility that the
North African revolts can take place
here. It is true that people have been
accused of being docile but when
pushed to the edge they can react,”
Lewanika said.
Harare, November
3rd 2011: The United States
Agency for International Development (USAID) has succeeded in its work in
Zimbabwe despite changing perceptions about U.S. - Zimbabwe relations, a senior
official from the agency said on Tuesday.
“A key is that our
development assistance is apolitical. I don’t care where you live, what party
you belong to, whether you are black, blue or green; if you need humanitarian
assistance and we have a program which is relevant to you and will help you and
your household, your community and your district, that’s where we are at,” said
Tina Dooley-Jones (in picture), Economic Growth Office Director at USAID’s
Harare office.
Dooley- Jones was
addressing a public discussion as part of the U.S. Embassy’s Public Affairs
Section’s Food for Thought Tuesday public lecture series. The discussion looked
at the work of USAID globally and in Zimbabwe, and comes at a time when the
organization is celebrating its 50th anniversary globally.
USAID established
an office in Zimbabwe soon after the country’s independence in 1980 and has
continued to provide health, humanitarian and other development assistance
uninterrupted to today. USAID programs support U.S. foreign policy goals in
support of the U.S.-Zimbabwe bilateral relationship. Since 2000, the United
States has taken a leading role in condemning increasing violations of human
rights and the rule of law, and has joined much of the world community in
calling on Zimbabwe to embrace peaceful democratic
processes.
In the last decade,
the United States imposed targeted measures on the Government of Zimbabwe,
including financial and visa sanctions against selected individuals, a ban on
transfers of defense items and services, and a suspension of non-humanitarian
government-to-government assistance.
“We never left
during the tough times, we were always trying to support whatever crises
Zimbabweans encountered, feeding almost the entire country, and our budget
figures were similar to those that we had in the 90s,” said Dooley-Jones. The
U.S. provided more than $900 million in humanitarian assistance from 2002-2008,
most of which was in the form of food aid.
Dooley-Jones spent
four years with USAID/Southern Africa overseeing the South African bilateral
economic growth portfolio, and the regional agriculture, trade and investment
portfolio, in addition to several activities in non-presence
countries.
During the
discussion, Dooley-Jones chronicled the history of U.S. assistance, highlighting
an assistance reform process that started in the early 2000s as a result of a
new approach to development aid. She said the organization is realigning its
activities to meet new challenges as well as enhance coordination of its
activities with other agencies within the U.S. government.
“50 years ago there
were only a handful of donors in the entire world, and USAID was by far the
largest. Today, aid flows through 263 multilateral agencies, 197 bilateral
agencies and 42 donor countries. Assistance from emerging donors such as China,
India, Brazil and the Gulf states has grown rapidly. This makes intra-U.S.
government and other donor coordination absolutely essential if we are all going
to reach our objectives, which are development, poverty reduction, and improved
quality of life for citizens,” said the USAID official citing her organization’s
2011-15 Policy Framework document.
Responding to
questions, she said Zimbabwe needs reliable statistics to craft evidence-based
policy decisions to create a good poverty reduction strategy.
“There is need for
confidence, particularly by donor agencies. that a poverty reduction strategy
will be developed in this country, because only then will you lift people out of
poverty and overcome crises and shortages, including food insecurity,” said
Dooley- Jones. She noted that Zimbabwe “has gone a decade
with no statistics, no good qualitative data for development partners and the
ministries to use, except for perhaps in the health
sector.”
The U.S., she said,
spends less than one percent of its national budget on foreign aid, which is
appropriated by Congress. She paid tribute to the role of American private
individuals, foundations and companies who, despite declining funding levels for
the U.S. government, continued the ethic of giving to charity and the needy.
“In fact,” said
Dooley- Jones, “private Americans alone donated $3.7 million to the 2004 Tsunami
relief efforts,” said Dooley- Jones. – ZimPAS© November 3
2011.
# # #
ZimPAS is a product
of the U.S. Embassy Public Affairs Section. Comments and queries should be
submitted to Sharon Hudson Dean, Counselor for Public Affairs, hararepas@state.gov, Url: http://harare.usembassy.gov
By Clifford Chitupa Mashiri, 03/11/11
The clearance of Marange diamonds
for export by the Kimberley Process has
understandably met with mixed
reaction, with celebrations in Zanu-pf
quarters and murmurs in civil society
circles.
The KP appears to have succumbed to Zanu-pf’s highly effective
strategy of
political blackmail whereby opposing the former liberation
movement, no
matter how well meant means that you have an imperialist agenda
or are just
a puppet that needs to be crushed.
Sadly, the KP’s
appears to have acquiesced and pushed aside all concerns
about the lack of
transparency in diamond sales, ongoing human rights abuses
and smuggling
syndicates and given a nod to the arguably “legitimised
looting” of Marange
diamonds.
In February Zimbabwe’s Parliament opened a full scale probe
into alleged
illegal diamond sales amid claims that at least US$400 million
due to
Treasury had still not been remitted. While so many gems have been
sold,
they have not benefited the country.
There are strong fears
that Chiadzwa diamonds may be funding a parallel
regime and a possible war
chest ahead of a referendum on a new constitution
followed by elections
which are expected to be violent unless supervised by
the international
community beyond SADC.
Commonsense would have dictated that verifiable
safeguards against looting
be put in place before letting Mugabe off the
hook. Furthermore, rights
abuses revealed by civil society and documented by
the BBC’s Panorama
programme as well as SATV programme Carte Blanche on
Sunday should have been
probed thoroughly first.
The KP should have
pressured Zimbabwe to enact the New Diamond Act which
would hopefully
promote transparency, sustainable use of the environment and
fair
compensation for displaced locals who are being impoverished by big
interests.
As it is, the KP may live to regret its decision to give
Zimbabwe a blank
cheque as there is a big possibility of the return of blood
diamonds.
Given Zimbabwe’s record of not wanting to implement
international
agreements, the KP would have no one to blame if Zimbabwe
defaulted on its
commitments as we have seen with the Global Political
Agreement.
There is merit in MDC-T MP Eddie Cross’ motion in parliament
calling for the
nationalisation of the Marange/Chiadzwa diamond fields as
that could
generate US$2.8 billion annually for the fiscus if properly
implemented.
However, the downside of nationalisation is that notorious
presidential
proclamations might still enable the regime to divert diamond
proceeds for
electioneering purposes in the same way the chaotic land grab
is being
handled.
Nevertheless, doubts remain that the KP’s green
light on Marange diamonds
will increase remittances to Zimbabwe’s Treasury
other than line the pockets
of the few who are well connected with the
authoritarian regime.
Clifford Chitupa Mashiri, Political Analyst,
London,
zimanalysis2009@gmail.com
CONSTITUTION WATCH
CONTENT SERIES 11/2011
[2nd
November 2011]
The Judiciary Part
II
Qualifications
of Judges
In Australia and South Africa, the
qualifications for appointment as a judge are not specified with any
precision. The South African
Constitution requires the JSC to take into account “the need for the judiciary
to reflect broadly the racial and gender composition of South
Africa”. In Zimbabwe the qualifications are that the appointee must
either:
· have been a judge of a
superior court in a foreign country where the common law is Roman-Dutch or
English, and English is an official language, or
· have been
qualified to practise as a legal practitioner in Zimbabwe for at least seven
years.
These qualifications seem reasonable. Should the new constitution specify any
others – such as, age, race or gender, political opinions or
background?
· Age: It seems unnecessary to specify a minimum age
for appointment to the Bench. If a
candidate has already served as a judge in a foreign country, or has been
qualified to practise in the legal profession for seven years, then he or she
should be mature enough to serve as a judge.
The question of a maximum age for judges will be dealt with later, under
security of tenure.
· Race or gender: Should there be any racial
or gender considerations, as required in South Africa? There are arguments for and against this sort
of affirmative action. Race should be
irrelevant 31 years after independence.
While women constitute a little over 50 per cent of the population, the
same does not apply to the legal profession so there is smaller pool of
qualified person to choose from. Gender
balance is desirable on the Bench. What
must be avoided, however, is over-emphasis of a person’s gender at the expense
of his or her ability and suitability for the office. The appointment of judges who are not highly
skilled is more likely to undermine public confidence in the administration of
justice than the appointment of an unrepresentative
judiciary.
· Political opinions: Selection on the basis of a
candidate’s known conservative or liberal tendencies (as in the US) should be
avoided. Lawyers, like anyone else, have
their views on political and social issues, but a conscientious judge will avoid
letting these views affect his or her decisions. A litigant or accused person should not feel
that the case will be determined because of the judge’s political
views.
· Disqualification of former politicians:
Zimbabwe has a long tradition of appointing former Ministers of Justice
to the Bench. Some have been good
judges, some have not. There is no reason in principle why former politicians
should not be considered for appointment as judges, but a sideways step from
ministerial office to the Bench gives the impression (a) that the appointment is
a reward for political services; and (b) that the appointee’s former political
allegiance will be reflected in his or her decisions.
Protection from
Undue Influences
Three core
characteristics of judicial independence are said to be:
1. Security of
tenure;
2. Financial
security; and
3. Administrative
independence.
Security of tenure
A constitution can give judges security of
tenure by fixing clearly their terms of office and ensuring that they cannot be
removed from office without good cause.
Term of
office
How long should a judge stay in
office? There are three
possibilities:
· Life tenure
· Tenure for a specified
term
· Tenure until retirement at a prescribed
age.
The debate over which of these to adopt
centres on the need to remove senile and debilitated judges from office, as
against the need to retain experienced and learned judges who are healthy enough
to continue serving.
Giving judges life tenure creates
the risk of judges who are clearly incompetent remaining in office well beyond
their useful time. In the United States,
judges of the Supreme Court and Federal Court have life tenure. The retirement age for judges in state courts
in the United States is variable; a
number of states have no mandated retirement ages, while others range from 70
to75 years of age.
Most other countries have an upper age
limit, after which a judge must retire.
Zimbabwe has the relatively young retirement age of 65, with a possible
extension to 70 if the judge so elects and produces a medical report showing
that he or she is mentally and physically fit to continue in office (section
86(1) of the Constitution). Any
specified retirement age is inevitably an arbitrary figure. There is usually no scientific or
sociological reason to pick on a particular age as the time when an individual
should retire.
The third option – tenure for a
specified period – appears to be unusual. Only the Constitutional Court of South Africa
seems to have adopted that system.
Judges of that court hold office for a non-renewable term of twelve years
or until they reach the age of 70 years, whichever occurs first. The idea was to ensure a regular rotation of
judges in the Constitutional Court, so that constitutional interpretation
reflected changing attitudes of society.
Removal
from office and grounds for removal
Obviously judges sometimes have to be
removed from office, and the grounds for doing so and the procedure to be
followed should be laid down in the constitution.
In Zimbabwe, a judge may only be removed
from office for inability to discharge the functions of his office, whether
arising from infirmity of body or mind or any other cause, or for misbehaviour
(section 87 of the Constitution). These
grounds are similar to those specified in many other countries such as Botswana,
Zambia, Namibia, Australia, Canada and India;
South Africa and Uganda add gross incompetence as a further
ground.
“Misbehaviour” is not defined in our
Constitution or in any of the constitutions mentioned in the previous paragraph,
but it can be taken to mean
misbehaviour in matters concerning the office of judge and would include a
conviction for an offence that would render the person unfit to carry out
judicial functions. Official misconduct
and neglect of official duties would probably constitute misbehaviour. Whether incompetence (in the sense of
persistently reaching illogical or perverse decisions) would constitute
misbehaviour is less than clear, but it could arguably be regarded as inability
to discharge the functions of the office.
A poor legal knowledge may also fall into this
category.
The new constitution should state the
grounds for removal of judges as broadly as they are stated in the present
Constitution, but should perhaps add gross incompetence as a further separate
ground. And, if a judicial code of
ethics is formulated (see below), serious breaches of that code should
constitute misbehaviour meriting removal from office.
Procedure for removal from office
In most constitutions the procedure for
removing judges from office is lengthy and cumbersome, which ensures that judges
cannot be lightly threatened with removal.
In Zimbabwe, if the President
considers that the question of the removal from office of the Chief Justice
ought to be investigated, he must appoint a tribunal under section 87 of the
Constitution to inquire into the matter.
All the members of the Tribunal are chosen by the President; most are judges or former judges, but the
President can appoint one or more legal practitioners nominated by the Law
Society. However, he does not have to do this.
If the tribunal recommends that the President should refer the question
of removing the judge to the JSC, the President must do this; and
if the JSC recommends the judge’s removal the President must remove him or her
from office. The Constitution does not
provide any formal system whereby allegations of misconduct may be made by
professional bodies or by members of the public. It is possible, presumably, for a complaint
to be made to the JSC and for it to investigate in terms of section 15 of the
Judicial Service Act. It could then
refer the complaint to the President or the Chief Justice. As mentioned above, the JSC is not genuinely
independent, so the whole process of removing judges from office is very much in
the hands of the Executive.
Under the South African Constitution, a
judge may be removed from office only if the JSC has found that the judge
suffers from incapacity, is grossly incompetent or is guilty of gross
misconduct, and if the National Assembly passes a resolution by a two-thirds
majority calling for the judge to be removed.
Under the new constitution there should be
a more open system of bringing allegations of misconduct against judges. The South African example seems a good one to
follow. Whatever procedure is adopted in
the new constitution, it should apply to magistrates and other judicial
officers, not just to judges.
Financial security
Financial security, the second core element
of judicial independence, should mean:
a.
that the judge’s
income is not reduced while he or she holds office; and
b.
that judges’
recompense is adequate (bearing in mind that accepting judicial office almost
invariably means a drop in income) and appropriate for the work and
responsibility. The salary should be
such that there is not even the temptation, let alone the need, for a judge to
have a sideline business or to receive rewards that may raise doubta about his or her impartiality.
Ensuring financial security can present
problems, particularly when inflation erodes judges’ salaries. In Zimbabwe there is no legislative or
constitutional provision compelling the executive or legislature to adjust
judicial salaries for inflation. Some
provision of this sort needs to be inserted in the new constitution, so that we
do not again see such things as occurred in recent years, where the Reserve Bank
bought luxury goods for the judges.
Administrative independence
In most countries that follow the
Westminster system of government, the courts are administered by the Executive,
that is to say, the registrars and clerks who do the administrative work to keep
the courts functioning are members of the public service employed or at least
paid by the Executive. In Zimbabwe since
the Judicial Service Act came into operation in June last year, they have fallen
under the control of the Judicial Service Commission. It is debatable whether this is necessary for
judicial independence. In other
countries the courts have remained independent despite executive administration
of the courts; and even if the courts
are given administrative autonomy they inevitably lack financial autonomy
because they are funded from money allocated by the Executive
and Parliament. The independence of the
judiciary is best maintained by the character of the judges themselves rather
than through administrative autonomy.
Ensuring an
Effective Judiciary
There is little that a constitution can do
directly to ensure the judiciary does its work efficiently. Handing administrative control over the
courts to the judiciary in the form of the JSC is unlikely to enhance judicial
independence, as pointed out above, and it is unlikely to improve efficiency
either. Good judges are not necessarily
good administrators. Lack of finance has
been cited as one of the reasons for the sclerosis affecting Zimbabwe’s court
system. The new constitution must
contain a provision obliging the government to provide the judiciary with
sufficient funds.
Perhaps the best the new constitution can
do is to permit the JSC to lay down standards of efficiency to be observed by
judicial officers, for example, requiring them to be reasonably diligent, to
attend court when required, to work normal business hours, and perhaps to
complete their case-loads within a reasonable time. A judicial officer who fails to observe these
standards should be liable to disciplinary action and ultimately
dismissal.
Code of Ethical
Conduct
The Zimbabwean judiciary no longer enjoys
the high reputation for integrity it had in the years immediately after
Independence. There are good reasons for
this. The economy deteriorated from the
mid-1990s, eventually making it impossible for judicial officers to make ends
meet on their official salaries. This
compelled them to engage in other activities such as commercial farming and
trading, and made them more open to undue influence. The absence of an official code setting out
clear rules of ethical conduct made it more difficult for judicial officers to
resolve the serious ethical dilemmas with which they were faced. The new constitution should oblige the JSC to
draw up such a code and should make it enforceable. Breaches of the code, in other words, should
be declared to be misbehaviour justifying disciplinary
action.
Final
considerations
No matter what fine-sounding provisions are
inserted in the new constitution to secure judicial independence, such
independence is meaningless if the Executive does not respect the rule of
law. Where the Executive can direct the
police not to investigate clear offences and not to obey court orders that the
Executive does not like, the rule of law does not exist.
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