The ZIMBABWE Situation
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‘Alshabab’
member attacks and kills patron in KweKwe pub
http://www.swradioafrica.com
By Tichaona
Sibanda
11 October 2012
A 29 year old Mbizvo resident in KweKwe was on
Tuesday hacked to death in a
pub in front of friends and patrons, by a
member of the notorious ZANU PF
militia that calls itself
‘Alshabab.’
Admire Kadamoyo was confronted by the ‘Alshabab’ member
identified as ‘Smart’
who was wielding a machete. The unprovoked attack saw
Kadamoyo being dragged
onto the floor as patrons watched in
terror.
Drinkers enjoying the evening sundowner fled in horror as
Kadamoyo was
repeatedly slashed with the machete and left in a pool of
blood. He
repeatedly pleaded for mercy as ‘Smart’ savagely struck his
head.
Confirming the incident, the MDC-T MP for Mbizvo, Settlement
Chikwinya said
what pains him most about the attack is the time taken by the
police and
medical people to attend to the mortally injured
Kadamoyo.
“After the attack, I’m told by eyewitnesses that ‘Smart’ hanged
around the
area for quite some time, talking to friends, while Kadamoyo was
pleading
for help. The incident also took place were the Alshabab group
hangs
around,” Chikwinya said.
He added: “I’ve made several
enquiries and everybody tells me it was ‘Smart’
from the Alshabab that is
controlled by ZANU PF. He is a well known figure
of the group and is easily
distinguishable with his dreadlocks.”
The MP said the inability by the
police to arrest the murderer is
“unbelievable.” The suspect is now believed
to be on the run.
“It is clear who is behind the attack and the police
have all of a sudden
developed cold feet. The weapon used (machete) is
synonymous with ZANU PF as
a tool of violence. This was a savage attack
carried out in front of
witnesses and I find it amazing the police have not
made an arrest yet,”
complained the MP.
In recent weeks the
‘AlShabab’ group has been on the rampage in Mbizvo,
harassing and beating up
residents. Defence Minister Emmerson Mnangagwa’s
henchman, Owen ‘Mudha’
Ncube, is reportedly behind the new militant outfit
named after the
notoriously bloodthirsty Somalian based Islamic terror
group.
The
group has also been forcibly evicting shop owners from their business
premises, taking them over under the guise of youth empowerment. ‘Alshabab’
claims to promote ZANU PF’s controversial indigenization drive.
Civil
workers to strike after government ignores ultimatum
http://www.swradioafrica.com
By Tererai
Karimakwenda
11 October 2012
Civil servants under the Apex Council
have resolved to issue government with
a notice of intent to strike, after
the Public Service Minister ignored a
48-hour ultimatum to resume
negotiations for a wage increase.
Takavafira Zhou, President of the
Progressive Teachers Union of Zimbabwe
(PTUZ), told SW Radio Africa that
member unions met on Thursday, after
government ignored their ultimatum, and
decided on several options.
He said the Council found it “deplorable”
that government, in particular the
Public Service Minister Lucia Matibenga,
would choose to “remain mum” and
ignore government workers. The silence is
an indicator that Matibenga has
adopted an “intransigent and irresponsible”
approach, Zhou added.
Minister Matibenga suspended talks with the workers
last month, claiming
there is a leadership row at the Apex Council and she
cannot recognize the
negotiators submitted by the new president David
Dzatsunga. The Council
insists there is no leadership row and Matibenga does
not know what to do
about the wage increases.
The labour unions had
delayed strike action since last Friday, hoping
negotiations would resume
with either the new negotiating team or the old
one, headed by the former
Apex chairperson, Tendai Chikowore.
“As Apex we are flexible and willing
to allow the old committee to
negotiate, in case government is not
comfortable with the new leadership. We
are also taking the legal route and
challenging government on the selection
of negotiators, because by law the
Council chooses its own negotiators,”
Zhou explained.
The unions also
decide to draft a letter notifying government of their
intent to strike.
Zhou explained that the law requires them to give a 14-day
notice before
engaging in any labour action.
It is not clear whether the notice will be
handed to government on Friday or
by Monday next week. Zhou said it all
depends on when the notice is
completed and delivered to
government.
Many public servants earn less than the poverty datum line,
currently pegged
at $600 per month. They have been demanding wage increases
and better
working conditions for years, with promises being made by
government
officials. But the workers continue to struggle to support their
families.
Finance Minister Tendai Biti has insisted that there is no
money in the
treasury and government has a $400 million deficit in the
current budget.
Biti accuses ZANU PF and military chefs of failing to remit
funds being made
from the sale of diamonds from the Chiadzwa fields.
Lawyers
Name And Shame Mangoma's Persecutors
http://www.radiovop.com
By Professor Matodzi Harare,
October 11, 2012-Human rights lawyers have
named and shamed the police
officers who masterminded the persecution of
Movement for Democratic Change
(MDC) deputy treasurer and Energy and Power
Development Minister Elton
Mangoma for allegedly slurring President Robert
Mugabe.
Mangoma was
arrested on Wednesday afternoon and charged with contravening
Section 33 (2)
(a) of the Criminal Law (Codification and Reform) Act when he
allegedly
uttered the words; “Chifa Mugabe chifa. Chibva Mugabe chibva,”
loosely
translated to “Pass on Mugabe and go now” on 18 May 2012 at an MDC
meeting
he addressed at Manhenga Business Center in Bindura, Mashonaland
Central
province.
Influential human rights group, Zimbabwe Lawyers for Human
Rights (ZLHR)
unmasked the police detectives who stormed his offices at
Chaminuka Building
and picked him before detaining him at the notorious
Harare Central Police
Station.
ZLHR identified the five police
detectives as Detective Sergeant Kamuzwimbi,
Detective Constable Nzombe,
Detective Constable Dickson, Detective Sergeant
Gunduza from the Law and
Order Section at Harare Central Police Station.
Chief Superintendent Charles
Ngirishi led Mangoma in recording the warned
and cautioned statement.
Ngirishi has been previously named in the
persecution of political and human
rights activists including former MDC
transport manager Pasco Gwezere and
University of Zimbabwe lecturer and
International Socialist Organisation
leader Munyaradzi Gwisai.
Mangoma, who was represented by ZLHR member
lawyers Beatrice Mtetwa and
Selby Hwacha denied the charge in “its totality”
and was released after
Ngirishi recorded a warned and cautioned statement
from him.
The persecution of Mangoma was full of drama as the police
first took him to
Harare Central Police Station before attempting to
transfer him to Bindura
Police Station but with his lawyers giving chase,
the police made an about
turn and returned to Harare Central Police Station
where they recorded a
warned and cautioned statement from him.
The
arrest of Mangoma, who was twice arrested in 2011 and later on acquitted
and
freed on charges of flouting tender procedures in the procurement of
fuel
and for fixing tenders in the purchase of electricity metres brought to
45
the number of insult cases that ZLHR has monitored and handled in recent
months.
Zaka
residents warn of worsening violence in Masvingo
http://www.swradioafrica.com
By Alex Bell
11
October 2012
Residents in Zaka have warned that there is worsening
violence in Masvingo
province, with ZANU PF being blamed for a growing
number of attacks and
incidents of intimidation.
Most recently, the
ward chairman of the MDC-T in Zaka Central was
hospitalised along with his
wife after their home was petrol bombed by
suspected ZANU PF members last
week. Nelson Bvudzijena and his wife were
rushed to St. Anthony’s Musiso
hospital with reportedly serious injuries.
A resident in Zaka told SW
Radio Africa this week that the attack on the
Bvudzijena home followed a
confrontation between the ward chairman and a
gang of known ZANU PF thugs.
The argument is believed to have been about
Bvudzijena’s loyalties to the
MDC, which prompted the ZANU PF members to
threaten him. The thugs are said
to have warned Bvudzijena that they “would
come for him at night.” Days
later, Bvudzijena’s home was burned down while
was sleeping.
The
resident explained that not one of the perpetrators of the arson attack
was
arrested, despite the group openly bragging about the incident. The same
group is believed to have assaulted a number of other people in Zaka last
week, and have threatened to repeat the same violence seen in the province
during the 2008 elections.
The resident told SW Radio Africa that
people are living in fear, because
the memories of the violence in 2008 are
still strong.
“Things are so bad that right now I am looking around to
see that no one
hears me. If they heard me talking like this I could be in
danger,” the
resident said.
The MDC-T leader Morgan Tsvangirai
visited Bvudzijena over the weekend,
during a memorial service held in
honour of MDC members who were murdered in
Zaka district at the height of
the 2008 election period. Tsvangirai said:
“We need justice to prevail
because we are going for a crucial election and
the fear factor has to be
dealt with. We are aware ZANU PF is involved in
military actions that are
being planned against unarmed civilians.”
“(Robert) Mugabe is a hypocrite
because he is only shedding crocodile tears
calling for an end to violence
when he is not keen to stop violence,”
Tsvangirai said, adding: “We are
tired of being fooled around with by ZANU
PF.”
Chinese
Nationals Assault Zimbabwe Police
http://www.radiovop.com/
Harare, October 11, 2012 - Two
police officers were severely assaulted by
Chinese nationals at a local
hotel that is under construction close to the
National Sport Stadium along
Bulawayo road earlier this week as the Chinese
continue to act above the
law, Radio VOP learnt Thursday.
The police officers had gone to the
construction site to investigate a case
of assault that had been reported by
a Zimbabwean national, Langford
Sibindi, at Marimba Police Station and when
they were making their
investigations they were confronted by scores of
Chinese nationals who began
to beat them up.
According to the workers
one Chinese national severely beat up the
Zimbabwean guy using clenched
fists and martial arts resulting in the
employee falling to the ground
bleeding heavily.
“The Chinese boss accused Langford of being lazy and he
started beating him
up heavily using clenched fists. We had to do nothing
and he only left him
after he started bleeding heavily. After the beating he
left the area and
that’s when we assisted him," said one employee who did
not want to be
named.
"He then went to the police station to report
and only to come back with the
officers who were also beaten up by the other
Chinese guys who used martial
arts to beat them. They had to flee heading
towards Bulawayo road."
The Hotel under construction has been marred with
controversy with
Environment and Natural Resources Management Minister
Francis Nhema and the
Environment Management Authority (EMA) disputing the
area saying that it was
a wetland thus deeming it unfit for construction.
They later agreed to the
construction but the move was denounced by
environmentalists.
When he was reached for a comment, Harare province
Spokesperson, Tadius
Chibanda said: “I haven’t received such reports I will
have to check first."
Cases of Chinese brutality at workplaces have been
on the increase and
Deputy Prime Minister Arthur Mutambara once called
parliament to act over
the matter. The Chinese have strong ties with Zanu
(PF) and are heavily
safeguarded by the state.
The Chinese have been
constructing major construction sites in the country
which include the
multi-million dollar national defence college, the
expansion of the Victoria
Falls hotel among others. The Chinese also have
massive interests in the
mining sector especially in diamonds.
Ncube
insists a united MDC not possible
http://www.swradioafrica.com
By Alex Bell
11 October
2012
The leader of the smaller MDC faction in Zimbabwe’s government,
Welshman
Ncube, has again insisted that his party will not unite with the
faction led
by Prime Minister Morgan Tsvangirai.
Ncube was speaking
at a meeting in Bulawayo on Thursday and answering
questions posed by
members of the public. One of the questions was about the
possibility of a
strong, united MDC party to take on ZANU PF at the
forthcoming
elections.
But according to SW Radio Africa’s correspondent Lionel
Saungweme Ncube said
this will not happen.
“People who came to the
meeting are worried about the prospect of opposition
to ZANU PF and going
into an election divided. They asked Professor Ncube
whether he could seek
reconciliation or form a coalition with the MDC led by
Morgan Tsvangirai to
remove ZANU PF,” Saungweme said.
Saungweme said that Ncube reiterated his
previous comments that he is not
going to be working with the MDC-T come
elections.
“His reasoning is that there is no different between Morgan
Tsvangirai and
Mugabe and he says change should not be change for the sake
of change alone.
But it must be change that is better than Mugabe,”
Saungweme said.
He added that the concern about a divided MDC is strong
among many
Zimbabweans, who are worried that some form of united party will
be best to
take on ZANU PF at the next elections.
“It is a clarion
call and there seem to be a dire need. It is a source of
worry for many
people and I think for many Zimbabweans,” Saungweme said.
Trial
of MDC-T “Innocent 29” continues
http://www.swradioafrica.com
By Tererai Karimakwenda
11
October 2012
The trial of 29 MDC-T activists accused of murdering a
policeman in Glen
View last year continued at the High Court Thursday, after
Justice
Chinembiri Bhunu denied bail for the detainees the day
before.
Two more MDC-T officials, arrested Monday in connection with the
same
murder, appeared in court separately Thursday afternoon. Jackson Mabota
and
Tarisai Kusotera, both youth leaders from Glen View South, were arrested
Tuesday and charged with murder. They have been in detention
since.
On Wednesday, Justice Bhunu denied bail for the activists again,
citing
irregularities. He dismissed testimonies that were given by the late
cop’s
father and brother during a bail hearing last month, which implicated
ZANU
PF and the police in the murder.
Bhunu instructed the defense
lawyers to apply for bail through the Supreme
Court instead.
Officer
Petros Mutedza was killed by revelers at a local pub in May, 2011.
The
police insisted he had been killed by MDC-T members who had gathered
there
for a meeting. Claiming to be investigating, they rounded up MDC-T
members
only in Glen View area.
A total of 29 were eventually jailed, including
the Chairman of the National
Youth Council, Solomon Madzore. The MDC-T
insists that the arrests were
political and ZANU PF is trying to destabilize
their structures.
Accreditation
dates for 2nd all stakeholders conference changed
http://www.swradioafrica.com
By Tichaona
Sibanda
11 October 2012
The Constitutional Parliamentary Committee
(COPAC) has moved the dates for
accreditation to the Second All-Stakeholders
conference from this weekend to
Tuesday and Wednesday next
week.
COPAC co-chairman Douglas Mwonzora told SW Radio Africa that
ideally they
would prefer the exercise to be conducted on a weekday rather
than on a
weekend.
Accreditation for delegates to the conference, set
for Harare between the
21st and 23rd October, will be carried out at all
provincial capitals around
the country.
Mwonzora said the number of
delegates will remain the same – 1 100. 246 will
come from political party
representatives, 284 will be seating MPs and 571
from the civil society
organizations.
Mwonzora denied that COPAC was choosing which CSO’s were
allowed to attend
the conference, claiming such allegations were being
peddled by some
disgruntled members of the civil society.
“All we
have done is to ask the CSO’s to provide us with names of their
delegates
attending the conference. I think we’ve virtually invited all CSO’s
operating in the Zimbabwe but we can’t determine who will be coming from
each organization,” Mwonzora said.
He reiterated the conference will
give delegates an opportunity to
scrutinise the COPAC draft constitution and
make recommendations.
The conference would not be a drafting conference,
but would focus on
comments and recommendations on the draft from the
stakeholders, which would
then be incorporated into a report for COPAC’s
consideration.
No
one has power to shut down COPAC: PM
http://www.thezimbabwean.co.uk/
No one in the inclusive government
has the power to shut down COPAC because
it is a constitutionally
established body whose mandate is to draft a new
constitution for the
country, MDC leader prime minster Morgan Tsvangirai has
said.
11.10.12
by Regerai Tukutuku
Tsvangirai also
said he and president Mugabe have not agreed on any election
date and
therefore its premature to talk of any dates at the moment.
Addressing
civic organization at the end of his tour of Masvingo province
last week
Tsvangirai said Principals in the inclusive government have no
intentions to
shut down COPAC because it has not finished its job.
He said reports that
he and president Robert wanted to shut down COPAC were
unfounded.
"I
do not have the power to shut down a constitutionally set up body neither
does Mugabe have the power to do so", said Tsvangirai.
"Copac is
mandated to spear head the drafting of a new constitution until it
submits a
prepared document to parliament", said the MDC leader.
"We are yet to
hold a second all stake holders conference and how can
someone talk of
shutting down COPAC".
COPAC is a parliamentary select committee set up
under the Global Political
Agreement to craft a new constitution to ensure
that elections in the
country are held under a new constitutional frame work
.
Speculation had been rife thaat the president Mugabe and prime minister
Tsvangirai might shut down COPAC given sharp differences that have erupted
regarding the crafting of the constitution".
Zanu Pf and the two MDC
formations are at each's throat on the draft
constitution with the former
insisting that changes crafted by the party's
poliburo be incoporated into
the draft.
The party has since watered down its demands saying a national
report should
accompany the rdaft at the all stake holders conference which
has been
pencilled for 21st and 22 nd of this month.
The two MDC
formation which have already endorsed the COPAC draft are
arguing that the
all stake holders conference should not be reduced to a
drafting committee
but instead should make recommendations or addittions
basing on the
draft.
Turning to the envisaged reforms to ensure a free and fair
election
Tsvangirai said the inclusive government has fallen far shot of
implementing
the envisaged reforms.
"We have not yet come up with
media reforms because of resistances from our
parteners in the inclusive
government who feel that any meanin full media
reform is a part of a regime
change agenda", he said.
The MDC leader also its is only himself and
president Mugabe who have to
agree on election dates.
Said
Tsvangirai;"I hear some people talking of the March next year election,
it
could be but that is not what we have agree".
"After a ferendum we will
sit down and come up with election dates.
Elections will definitely be held
next year but no dates have been set yet".
Legislators
name, shame Ministers
http://www.financialgazette.co.zw
Wednesday, 10 October 2012 18:25
Clemence Manyukwe,
Political Editor
MEMBERS of Parliament, for long regarded as toothless
bulldogs, have come
out with their guns blazing, accusing government
ministers, including
Finance Minister Tendai Biti and Defence Minister
Emmerson Mnangagwa of
undermining their oversight role — laying a fertile
ground for a bruising
turf war between the legislature and the
executive.
The current Parliament has been criticised for underperforming due
to
failure by MPs to agitate for the implementation of the government’s
legislative agenda, top of the list being long-awaited media and electoral
reforms.
Critics say there has not been any urgency on the part of the
lawmakers to
implement what they had set for themselves to achieve because
there was no
opposition in the bicameral Parliament after the three main
political
parties — ZANU-PF and the Movement for Democratic Change (MDC)
formations —
were roped into the coalition government in February 2009
following
inconclusive presidential elections in 2008.
With less than
nine months of their terms remaining, the legislators have
heaped all the
blame on government ministers from across the political
divided whom they
accused of making their work difficult.
The MPs revealed this week in
Parliament that the whip system was being
abused by ministers to silence
them.
At one point, lawmakers from the three governing parties held a joint
caucus
to discuss parliamentary business but were forced to make a hasty
retreat
after it was feared that they could rebel against their
parties.
Siyabonga Ncube, the lawmaker for Insiza, said the whipping system
had
curtailed robust debate in the august House.
“The other issue why the
executive is not taking us seriously is the issue
of whipping. Once you are
seen opposing a minister from your party, you are
pointed at and you are
looked at by the Chief Whip who then makes a sign to
say you have gone over
bounds. Madam Speaker, the issue of whipping must
stop so that we do our
job,” said Ncube.
As a result, ministers were riding roughshod over the
backbenchers.
For instance, government bureaucrats are failing to reply to
committee
reports and giving feedback on recommendations from the
legislative assembly
as required by Parliamentary procedures.
Legislators
suspect that a lot of ministers could also be masking their
underperformance
by pleading that the government does not have the money to
implement various
projects without coming up with tangible plans to change
the
situation.
MDC-T Bulawayo South MP, Eddie Cross, said the Public Finance
Management Act
enacted two years ago compelled ministers to table in
Parliament quarterly,
half yearly and annual reports as well as audited
reports of government
agencies and departments.
But during the past year,
only two reports were received regarding financial
affairs of
ministries.
“We are about to enter into the new budget cycle, and I note that
the
government treats this House like a rubberstamp and I think one of these
days we must send a message to the Minister of Finance that we are not going
to rubberstamp his proposals and if we do not like what is being presented
to this House, we will change what he is doing and we will not approve his
budget until he does so,” said Cross.
MDC-T Mbizo lawmaker, Settlement
Chikwinya, said the majority of ministers
do not respond to Parliamentary
reports or recommendations.
Chikwinya said Mnangagwa had approached him in
October 2011 following the
adoption of a motion condemning political
utterances by service chiefs,
saying the defence forces wanted to clarify
some of the positions raised by
lawmakers during their debate.
“That
statement had to be resuscitated on Order Paper due to prorogation of
Parliament and it went for about two to three months respectfully waiting
for the minister to come back. In his wisdom or lack of it he decided not to
come back, therefore to me it is only an issue of undermining the authority
of Parliament,” said Chikwinya.
In moving the motion, MDC-T Silobela MP
Anandi Sululu, said in March this
year the Parliamentary Committee on
Transport and Infrastructure Development
recommended that Nicholas Goche,
the Transport Minister should appoint a
board for the National Railways of
Zimbabwe as soon as possible to help turn
around the parastatal’s fortunes.
But six months later, Goche has not done
so.
Sululu said a question asked
in October 2011 was still on the order paper
due to failure by ministers to
respond.
Members of the Committee on Mines and Energy are also not happy.
After
extensive travels; conducting over six workshops and holding more than
five
fact finding visits nationwide, resulting in the production of one of
the
most comprehensive reports, nothing much has come out of their
efforts.
“But sadly, and more disheartening and demoralising, the hon.
Minister of
Mines (Obert Mpofu) decided not to respond to that report. It
elapsed at the
end of the Third Session and was brought into the Fourth
Session, which
might come to an end maybe today,” said Sululu.
ZANU-PF
Zvishavane MP, Obert Matshalaga, said Information Communication
Technology
Minister Nelson Chamisa was one of the ministers who have stood
before
Parliament and lied.
He said about two years ago, Chamisa promised every MP a
laptop and members
were of the view that since he is young and vibrant he
would deliver, but up
to now nothing has been delivered.
The MP also had
no kind words for the co-Ministers of Home Affairs — Kembo
Mohadi and
Theresa Makone. He said it was unnecessary for people to queue
for passports
had the co-ministers championed computerisation so that people
could apply
or get a response on whether they would be able to get their
passports or
not online.
Energy and Power Development Minister Elton Mangoma also came
under fire for
his handling of the Chisumbanje ethanol project said to be
threatening close
to 10 000 jobs.
However, Tourism and Hospitality MP,
Walter Mzembi, was applauded for
updating Parliament on tourism events,
especially at Victoria Falls.
ZANU-PF Uzumba MP, Simbaneuta Mudarikwa, said
while lawmakers had
recommended that cotton farmers must be paid US$1/kg so
that the sector does
not collapse, farmers were being paid US$0,29c/kg in
what he said was theft
legalised by a government department.
ZANU-PF
Mhondoro Ngezi MP, Bright Matonga, questioned the performance of
Water
Resources Development and Management Minister, Samuel Sipepa Nkomo.
He asked:
“Do we have a water policy? Do we have the Minister of Water who
can stand
up and push the issue not only of Bulawayo but of everybody?”
MDC-T Bulawayo
East legislator, Thabitha Khumalo, said it is a waste of
taxpayers’ money
for MPs to be funded to carry oversight and other duties
not recognised by
the executive saying backbenchers were being reduced to
cadres of political
parties.
MDC-T Magwegwe lawmaker, Felix Sibanda, said the composition of the
Standing
Rules and Orders Committee needed to be reviewed to enhance
Parliament’s
performance.
Currently, the committee has more members of
the executive, resulting in
their voices drowning those of
backbenchers.
MDC
MP drags Zanu PF to Jomic
http://www.dailynews.co.zw
Thursday, 11 October 2012 12:54
MASVINGO - Zaka
West MDC MP Festus Dumbu has dragged Zanu PF to the peace
organ Jomic after
he was attacked by rowdy party youths.
Dumbu said Zanu PF youths attacked
him and deflated his car tyres while he
was attending the burial of a
colleague at Harare’s Warren Hills cemetery.
The youths were burying a
party official from Mbare at the cemetary.
In a letter dated October 9
addressed to Jomic national coordinator Patience
Chiradza, Dumbu demanded
that action be taken to end such violence.
“I register my case of
political violence perpetrated against me by Zanu PF
activists on October 8,
2012 at Warren Hills Cemetery at around 1430hrs,”
reads part of the
letter.
Dumbu said he was worried at the level of violence against MDC
officials at
a time President Robert Mugabe is preaching
peace.
Earlier that day, Mugabe had called on Zimbabweans to tolerate
each other
regardless of political affiliation when he addressed mourners at
the burial
of the late Higher and Tertiary Education minister Stan
Mudenge.
Dumbu appealed to Jomic to take action against Zanu PF
supporters he accused
of boasting that nothing would happen to them as long
as Mugabe is in power.
“While President Mugabe is moving around preaching
peace, his party
continues its usual terrorist attacks on members of other
political parties,
particularly those of the MDC. This is a serious case of
political violence
which leaves me severely worried by the level of
insecurity and lawlessness
prevailing in this country,” reads Dumbu’s
letter.
Dumbu said he was attacked by the youths who were in a lorry and
identified
his Parliament car.
He said he reported the matter to the
police at Warren Park Police Station
but no arrests have been
made.
Political parties and rights groups say incidents of political
violence in
the country are on the increase despite calls of peace by Mugabe
and other
government leaders.
Efforts to get a comment from Jomic
national coordinator Chiradze were
fruitless as she was unreachable.
South
Africa Labor Strikes Paralyze Goods Clearing Agencies
http://www.voazimbabwe.com
Gibbs
Dube
10.10.2012
Customs clearing agents in Zimbabwe’s Beitbridge
border post are losing up
to R20,000 each in potential revenue due to the
decline in the volume of
transit haulage trucks following a violent strike
by truck drivers in South
Africa.
Some of the clearing agents told
VOA Studio 7 the strike will have
devastating effects on their businesses if
it does not end soon.
Thomas Phiri of AMES Border Agencies said the
strike has not yet affected
the importation of mealie-meal, rice and other
food items which are being
sourced in nearby Mesina and Luis Trichard
towns.
The truck drivers, who have blocked haulage vehicles from leaving
Johannesburg and other major cities, are demanding salary
increases.
Phiri said Zimbabwe may soon experience shortages of basic
commodities if
the strike continues.
According to Reuters, some of
South Africa's striking truckers agreed to
return to work Wednesday, easing
pressure on Africa's biggest economy where
two weeks of labor unrest in the
transport sector have hit supplies of fuel,
cash and consumer
goods.
But disputes in the mining sector escalated after Gold One fired
the
majority of its 1,900 workers at its Ezulwini operation, paralyzed since
last week by a wildcat strike.
Atlatsa Resources said it had also fired
2,161 miners for an illegal strike.
Since August, almost 100,000 workers
across South Africa, including 75,000
in the mining sector, have downed
tools in often illegal and violent strikes
that may hit economic growth this
year and undermine investor confidence in
the minerals hub.
Two
transport unions with 5,500 members agreed to abandon the truckers'
strike,
but the biggest labor group, the South African Transport and Allied
Workers
Union (SATAWU) which represents about 28,000 workers, pressed on
with the
boycott.
Another 9,500-strong transport union denied reports its members
would also
suspend strike action, saying negotiations were
continuing.
An employers' association had earlier said three transport
unions had
suspended the strike because "employers have now offered double
digits (a
pay rise) for the year". It said it was still in talks with all
groups to
hammer out a final deal.
The rand which fell to 3-1/2 year
lows against the dollar on Monday on
worsening investor sentiment about
labor strife, firmed on news the
transport unions would end their
walk-out.
SATAWU is demanding annual wage increases of 12 percent for two
years - more
than double the inflation rate, while employers have offered a
total 18
percent pay rise over that period.
An employers' body said
last week that the freight industry was losing
around 1.2 billion rand ($135
million) in turnover each week. If the
protests expand to rail and ports,
exports of coal and other minerals would
also be hit.
Zimbabwe passport form – Now available
online
According to today’s Herald, the Registrar
General’s office now enables one to access the passport application form online,
fill it in, print it out, bring it to a passport office – and get an SMS when
it’s ready for collection.
Today,
our attempts to access the Registrar General’s
website have been intermittently successful –
Suggesting that perhaps they’re getting more hits with the launch of this
service than their server has capacity for. But we were able to get to the
online form, which looks like this:
I did think
to myself – “But I’m not Patience. Can’t I be Amanda whilst the form is
downloading?” but other than that, I can’t complain.
I could fill
in the form on their site, print it locally, and could take it to the passport
office and submit it in person if I wanted to apply for a
passport.
According to
The Herald, the fee for using the online form will be $33 – less than the
standard $50 charge, and you’re spared the step of having to queue up just to
get the form. So all of that certainly sounds more convenient than the current
system.
So, will it
really work? Who will be the first to try it? If you do, let us
know! This entry was posted on October 11th, 2012 at 9:35 am by Amanda Atwood
Police
exposed
http://www.financialgazette.co.zw
Wednesday, 10 October 2012 18:23
Tinashe Madava, Senior
Reporter
THE Zimbabwe Republic Police (ZRP) has not arrested a single
person involved
in three widely reported incidents of political violence in
the past month,
targeting non ZANU-PF people; in what critics say gives
credence to
assertions by the two formations of the Movement for Democratic
Change (MDC)
that the force is biased in favour of President Robert Mugabe’s
party.
Suspected ZANU-PF supporters have, in the past four weeks, been
fingered in
the assault and harassment of supporters of the MDC parties in
Mutoko,
Shangani and Masvingo.
But information obtained this week
suggested no arrests had been made in the
three areas.
Failure by the
police to effect arrests particularly ahead of fresh
harmonised polls
President Mugabe wants held in March 2013, about six months
away, has raised
fears of a repeat of 2008 political violence, which led to
inconclusive
presidential elections, resulting in the consummation of the
present
inclusive government.
Critics said the police inaction flew in the face of
statements attributed
to new police spokesperson, Charity Charamba who early
this week strongly
denied that the ZRP was partisan and deliberately
targeted supporters of the
two MDC formations.
While the police
attributed the violence in Shangani to clashes between
gold-panners and
MDC-T supporters, Prime Minister (PM) Morgan Tsvangirai’s
party said it has
evidence that the attacks were perpetrated by ZANU-PF
supporters in attempts
to disrupt them from attending the party’s 13th
anniversary celebrations
held in Bulawayo last month-end.
Violence also flared up in Masvingo last
week as an MDC-T ward chairperson
in Zaka, Nelson Bvudzijena, was injured
when his house was petrol bombed. He
was taken to St Anthony's Musiso
Hospital. Again no one has been arrested
for this incident.
PM Tsvangirai
used his visit to Masvingo last Saturday to parade MDC-T
supporters with
disfigured faces at a rally in Zaka he said were victims of
the 2008
political violence.
This week, the MDC formations, in a reaction to
Charamba’s claims that the
ZRP was professional, accused the police
spokesperson of lying to the public
after she also claimed the police
discharged their duties without
consideration of political
affiliation.
The MDCs said their respective supporters have been victims of
political
violence and yet the police have not moved to arrest anyone
implicated in
such acts since the perpetrators were connected to
ZANU-PF.
More so, Police Commissioner General Augustine Chihuri, is on record
saying
he is a ZANU-PF supporter, a statement heavily criticised by
opponents of
the liberation war party who say it was meant to direct those
below him to
tow the line by supporting the party of their
boss.
Priscilla Misihairabwi-Mushonga, the secretary-general of the Ncube-led
MDC,
laid into the new police spokesperson, saying she has gone out of line
by
claiming the ZRP was a professional outfit.
“As a rule, you don’t go
around saying I am the prettiest. You wait for
others to pass their
assessments. But the reason why we have an Article on
State organs in the
Global Political Agreement is that we knew we would have
such a problem. We
certainly have State organs that are partisan. We have
State sponsored
violence. State sponsored means that the State organs are
implicated in the
acts of violence,” said Misihairabwi-Mushonga.
Douglas Mwonzora, the
spokesperson for the MDC-T, described Charamba’s
pronouncements as
irresponsible.
“That was a very irresponsible statement by the police
spokesperson. It
clearly shows that she has no facts. The police have
clearly been conducting
their duties along partisan lines,” he said.
Job
Sikhala, president of another MDC offshoot, MDC99, was equally damning.
“I
have been a victim of these people for no apparent reason. I have been
arrested 61 times, went to court 61 times and was acquitted all these times
which shows you that these were just trumped-up charges. The police are
against anyone who is not ZANU-PF,” said Sikhala.
But in an interview
with The Financial Gazette, Charamba insisted the ZRP
was a professional
force, which did not conduct its duties on partisan
lines.
“It’s an issue
of stating what we do. No one is above the law. If a report
is made, the
police investigate,” she said.
Charamba said police had received a report
about the attack on MDC
supporters in Mutoko and said investigations were
underway.
On the Shangani and Zaka incidents, she said her boss, Commissioner
General
Chihuri would make a statement.
But Sikhala disputed this saying
Charamba was trying to put lipstick on a
frog.
“If it is what they want
to practice in the future, then we wait and see,
otherwise it is a fact that
the police has been known to be against anyone
who is not ZANU-PF,” added
Sikhala.
Meanwhile, reports say President Mugabe this week signed the
Electoral
Amendment Bill into law to ensure a violence-free campaign period
as the Act
criminalises and disqualifies those found guilty of inciting
violence.
The Act provides for the Attorney-General to ensure sufficient
competent
prosecutors are provided to try all cases of politically-motivated
violence.
PM Tsvangirai this week threatened to pull out of the inclusive
government
if his party supporters continue to be victims of political
violence.
Speaking in Zaka at the weekend, he said he would soon convene an
emergency
council meeting to decide whether or not to stay in the inclusive
government.
The MDC-T says more than 200 of its supporters were killed in
the run-up to
the 2008 elections and the subsequent presidential election
runoff.
But ZANU-PF denies its supporters have a penchant for violence.
Russian
firm to build new oil pipeline
http://www.newzimbabwe.com/
11/10/2012 00:00:00
by Business
Reporter
RUSSIAN oil giant Rosneft will take part in the
construction of the
Zimbabwe-Mozambique pipeline, a company spokesman
confirmed Thursday.
The official said the project, which includes an oil
storage terminal near
Harare, opens new markets for the company in
Africa.
The pipeline will run from the port of Beira in Mozambique
carrying oil to
Zambia, Malawi and Botswana.
A Russian trade delegation
led by Industry and Trade Minister Denis Manturov
visited Zimbabwe this week
to explore investment opportunities.
Speaking after meetings with local
officials, Manturov said: “We already
have a number of Russian companies
operating in the country concentrating
mostly in the mining
sector.
“We have a lot of areas where we feel we can partner the Zimbabwe
government
by investing in such as platinum mining.”
In August Energy and
Power Development Minister Elton Mangoma said the
government planned to
build a new pipeline to boost the capacity of the
existing Feruka
line.
"We are already putting together a consortium with the Mozambican
government
and private players. Hopefully construction will begin early next
year,”
Mangoma said then.
In addition to road transport, Zimbabwe
currently imports fuel through the
287-km long Feruka pipeline stretching
from Beira in Mozambique to the
Feruka oil refinery outside
Mutare.
The government controls 21 km of the Feruka line while
Mozambique's
Companhiado Pipeline Mozambique-Zimbabwe company controls the
rest.
Feruka has a carrying capacity of 130 million litres per month and
officials
said the new pipeline is expected to carry 10 million litres of
fuel in a
day.
Nigeria
Gains From Zimbabwe as Farmer Helps Cassava Drive
http://www.bloomberg.com/
By Dulue Mbachu - Oct 11,
2012
Graham Hatty, who was forced off his land in Zimbabwe a decade
ago, is
helping Nigeria in its drive to return to food
self-sufficiency.
The cassava he grows in central Kwara state was on the
first ship exporting
the crop to China, in August. The government is trying
to boost production
of the starchy root, as well as of rice and sugar, to
slash the $10 billion
spent every year on food imports. President Goodluck
Jonathan plans to
increase food production by 20 million metric tons by 2015
by providing
land, funding and lending via the central bank.
Cassava
farmer Graham Hatty said, “There’s huge demand for cassava flour,
especially
by biscuit makers.” Photographer: Dulue Mbachu/Bloomberg
Enlarge
image
Nigeria's government is trying to boost production of cassava, as well
as of
rice and sugar, to slash the $10 billion spent every year on imports
of
wheat, rice. sugar and fish. Photographer: Pius Utomi Ekpei/AFP/Getty
Images
“The potential is tremendous,” Hatty, 73, said from the balcony of his
farmhouse in Shonga, which overlooks a lawn dividing his house from cassava
fields near the bank of the Niger River. “There’s huge demand for cassava
flour, especially by biscuit makers.”
Africa’s biggest oil producer is
trying to reverse a decline in the
agriculture industry that has led to a
16-fold increase in wheat imports
since 1970, when the country’s oil boom
began. Half of Nigeria’s 160 million
people live in rural areas and
four-fifths of those are below the poverty
line, according to the
International Fund for Agricultural Development.
The country, which grew
enough food to feed itself in the 1960s, is now the
world’s largest importer
of rice and sub- Saharan Africa’s biggest importer
of wheat and
sugar.
“We want to be the largest processor of cassava in the world and not
export
jobs to other countries that are exporting wheat to Nigeria,”
Akinwunmi
Adesina, the country’s agriculture minister told reporters in
Abuja, the
capital, in July. “Why do farmers in Arkansas, in Nebraska, love
Nigeria?
Because we keep buying wheat we don’t produce.”
Left
Zimbabwe
Hatty and 12 other white Zimbabwean farmers moved to Nigeria in 2004
after
his soybean, corn and wheat farm was seized by armed men as part of a
government program of land expropriation. He was recruited to come to
Nigeria by the Kwara state government, which sent delegations asking
dispossessed farmers to emigrate. Zimbabwe, once Africa’s second-biggest
corn exporter, now imports its staple food.
While four of those who came
with Hatty have left, the others run poultry
and dairy operations, he
said.
Nigeria is now taking further steps, including central bank funding for
farmers, tax holidays for investors and regulation designed to favor local
crops as it seeks to revive an industry that once exported peanuts, palm oil
and cotton. The country is still the world’s fourth-biggest cocoa exporter.
Agriculture including subsistence farming accounts for more than 40 percent
of gross domestic product, compared with 16 percent for oil.
Wheat
Substitution
Flour millers in Africa’s most populous country are now required
to blend
cassava into wheat flour. The current ratio of 20 percent is set to
rise to
40 percent by 2015, according to a regulation passed in October last
year.
Wheat imports will fall by 20 percent initially and by 40 percent once
the
set targets are reached, Olalekan Saliu, executive secretary of the
Lagos-based Flour Milling Association of Nigeria, said in an interview on
July 30. Association members include Flour Mills of Nigeria Plc (FLOURMIL),
Dangote Flour Mills Plc (DANGFLOU) and Honeywell Flour Mills Ltd.
In the
last crop year Nigeria produced just 100,000 tons of wheat, according
to the
U.S. Department of Agriculture. About 650 billion naira ($4.1
billion) of
wheat was imported last year, most of it from the U.S.,
according to the
Agriculture Ministry. Nigeria bought 3.25 million tons of
U.S. wheat in the
2011-12 marketing year ended May 31, the USDA said.
Cassava Fund
A 65
percent levy on imports of wheat flour came into effect on July 1 in
addition to the existing 35 percent import duty, Finance Minister Ngozi
Okonjo-Iweala said in Abuja on July 11. The proceeds will be used to set up
a cassava fund for further research to increase wheat substitution, she
said.
The country also consumes about 5.4 million tons of rice a year, of
which it
produces 2.3 million tons, according to the agriculture minister.
The
government is seeking to end imports, mostly from India and Thailand, in
three years by bringing more land under cultivation through incentives to
farmers, President Jonathan said in August last year. Those imports cost 350
billion naira year.
The central bank has made available $800 million for
loans, which will be
used to set up rice mills across the country, Adesina
told reporters in
Abuja on March 1.
Still, the country has obstacles to
remove if it is to foster an
agricultural revival.
Aside from the initial
funding provided to Hatty by the Kwara state
government, he hasn’t been able
to secure credit from banks even though the
central bank has pledged to make
money available and is pushing commercial
banks to do the same. That’s
hampered plans to introduce irrigation to grow
cassava year-round and plant
rice on his land by the river bank.
“Banks aren’t interested in agriculture,
and if they’re not going to get
interested, agriculture can’t grow,” he
said. “We’ve been hearing for years
that central bank money is coming, but
it goes to these big companies; it
doesn’t come to us small guys.”
ZNNP+
stages demonstration at Nac offices
http://www.dailynews.co.zw
Thursday, 11 October 2012 12:52
HARARE
- Business came to a standstill yesterday at National Aids Council
(Nac)
offices as close to a 100 members of Zimbabwe National Network for
People
Living with HIV/Aids (ZNNP+) staged a demonstration.
But they received a
hostile reception from Nac director for communication
Madeline Dube who told
them they were not special.
Nac officials were forced to lock gates as
people living with HIV (PLHIV)
descended on the organisation’s office,
accusing officials of squandering
Aids levies paid by taxpayers. They said
Nac officials were sacrificing the
infected people to line their
pockets.
The protestors held placards reading: “Invest in ARVs not stock
markets”,
and “Where is Aids Levy going?”
“We have not been getting any
cotrimoxazole from government for the past
year but we always hear you (Nac)
telling lies that we are getting adequate
drugs,” shouted one
man.
“You have been giving us cotrimoxazole meant for children, can you
tell us
how the children will survive when we take their medicine?” queried
a woman
in the crowd.
According to the angry protestors, they take
eight tablets of cotrimoxazole
prescribed for children instead of the normal
four.
ZNNP+ Harare advocacy team chairperson Joao Zanagroti said Nac was
squandering huge amounts in unjustified administration costs.
He
alleged the levy administrator was consuming 40 percent of funds from
National Aids Trust Fund on administration and sending bloated delegations
to international conferences.
Over $70 000 is said to have been spent
on seven Nac officials who attended
an HIV conference in the United States
while employees got $3 000 loans from
the same pocket.
“We (PLHIV)
say the Aids Levy is a national resource fund contributed to by
all working
people. We cannot afford another Aids scandal,” declared
Zanagroti in a
letter addressed to stakeholders.
He vowed his organisation would
continue protesting until government
provided adequate supplies to HIV
patients.
“We will become an immense well of anger that will occupy the
streets should
there be further
delays in responding to our needs,” he
said.
Dube’s speech triggered insults from the demonstrators, who
described her as
“arrogant and well-fed”.
Said Dube while addressing
the protestors: “There is no one who does not
know that there is Aids in
Zimbabwe. You should also remember that you are
infected and we are also
affected. Hapana munhu asina nhoroondo (There is
noone without a history).”
- Wendy Muperi
Community
News Activist Denied Freedom
http://www.radiovop.com/
Kariba, October 11, 2012 -
Kudakwashe Matura, a community news activist
facing charges of criminal
defamation was on Wednesday denied his freedom
when the State invoked
Section 121 of the Criminal Procedure and Evidence
Act to effectively
suspend bail granted by a Kariba magistrate earlier.
Kariba is a town
located in northern Zimbabwe.
Matura was arrested on Monday, after a
complaint was lodged by one Sam
Mawuwa on allegations that a story published
in the Kariba News newsletter
about him was defamatory. He is, therefore,
facing criminal defamation
charges.
Magistrate Felix Chauromwe had
granted Matura $100 bail before prosecutor,
Unite Saizi, invoked the
controversial Criminal Procedure and Evidence Act.
The invoking of this
section immediately suspends the operation of any court
ruling pending the
noting of an appeal by the Attorney General’s Office. The
appeal has to be
noted within seven days.
This effectively means that Matura will be in
custody until October 19
before a bail hearing can be heard. Lawyer, Tapiwa
Muchineripi, is
representing him under the auspices of the Media Lawyers
Network.
The Zimbabwe Chapter of the Media Institute of Southern Africa
(MISA-Zimbabwe) has said recent arrests of journalists prove the
criminalisation of journalism in Zimbabwe under the Criminal Law
(Codification and Reform) Act and vindicates their strident calls for the
repealing of the law which infringes on media freedom.
Tsvangirai
asking for trouble: Chinamasa
http://www.newzimbabwe.com
11/10/2012 00:00:00
by Staff
Reporter
MDC-T leader Morgan Tsvangirai is headed for trouble
with the country’s
military and veterans of the liberation struggle in the
event he wins next
year’s presidential elections, a senior Zanu PF official
has warned.
Zimbabwe is expected to hold fresh elections next year to
replace a
fractious coalition administration which has been in office over
the past
three years following violent and inconclusive elections in
2008.
But questions remain over the prospects of a peaceful transition in
the
event Tsvangirai, currently Prime Minister in the coalition government,
wins
the Presidential vote after senior military generals warned that he
would
not be allowed to take over power.
Zanu PF politburo member and
Justice Minister Patrick Chinamasa added to the
anxiety in an interview with
the BBC when he declined to state whether his
party was prepared to accept a
Tsvangirai presidency.
Asked whether Zanu PF was prepared to respect the
will of the people,
whatever the outcome, Chinamasa said: "He [Tsvangirai]
cannot win. He has
been campaigning and mobilising against the interests of
Zimbabweans on many
issues, whether talking about land, seeking to reverse
the gains of the
liberation struggle.
"And this is where the military
comes in…. Young people participated in the
liberation struggle to gain
control over our resources. Many friends died
and are buried in unmarked
graves.
"Now if anyone is going to say: 'When I come into power I'm going
to reverse
that,' they [the military] have every right to say: 'Please - you
are asking
for trouble. You will be asking for trouble.'
"He
[Tsvangirai] will be asking for trouble to seek to reverse the land
reform
programme. There is no-one who is going to accept any
enslavement."
Challenged to clarify what he meant by ‘trouble’, Chinamasa
said: "You could
put any interpretation on it that you want."
Zanu PF has
long accused Tsvangirai of being a front for the interests of
Western
countries as well as white former commercial farmers still nursing a
sense
of grievance over the takeover of their farms for re-distribution to
landless blacks.
Said Chinamasa: "I know he [Tsvangirai] is the front
of (sic) the countries
that impose sanctions.
"And if those countries
impose for him to win, that result will not be
acceptable. We will not
accept it. We will just not accept it. Isn't that
clear?"
Tsvangirai
recently claimed that senior Military officers privately told him
that he
would never be allowed to take-over power even if he wins the
elections.
The MDC-T leader is insisting that on-going constitutional
and other
political reforms should be completed before the elections to
guarantee the
“security of the vote and whoever wins the
elections.”
President Robert Mugabe has already said the new elections
will likely be
held in March next year although Tsvangirai says the precise
date would have
to be agreed between the leaders of parties to the GPA
administration.
Mudenge
death body blow for Mnangagwa
http://www.dailynews.co.zw
Thursday, 11 October 2012 12:24
HARARE -
Former Higher and Tertiary Education minister Stan Mudenge’s sudden
collapse
and death in Masvingo has reportedly shifted the political ground
for Zanu
PF in Masvingo.
Reports indicate that a faction aligned to the party’s
presidential aspirant
and Defence minister Emmerson Mnangagwa is severely
weakened following the
death of Mudenge.
Highly placed insiders said
fiery Masvingo senator Dzikamai Mavhaire has
taken advantage of Mudenge’s
death to assert his authority.
“Mavhaire is now in charge. Remember he is
a member of the Mujuru faction.
The Mnangagwa faction is now history. We
expect their faction to die a
natural death,” said an insider who requested
anonymity.
Mavhaire denied being in charge of any faction in the
province.
“We have one structure that has President Mugabe and Mujuru as
his deputy.
If there are people with a different view then that is
factionalism,” he
said.
“As far as I know there is nothing like that
but a healthy democracy in
which people contest each other during primary
elections is always expected.
I do not own any people. I joined the party
alone,” Mavhaire told the Daily
News yesterday.
He said problems will
only arise if people do not welcome competition.
“If competition becomes
antagonistic or some do not welcome it then it
becomes a problem,” Mavhaire
said.
Addressing mourners at the burial of Mudenge on Monday, Mugabe
admitted the
party was beset with factionalism across the
country.
“In the party you go to Masvingo what is the leadership there?
Mudenge,
Hungwe (Josaya) — sometimes of course Mudenge used to be involved
in
factionalism. It is all over the country not Masvingo alone,” Mugabe
said.
Insiders say Mavhaire is aligned to the Mujuru faction, while
Mudenge led
the Mnangagwa faction with the help of Hungwe and provincial
chairperson
Lovemore Matuke and a host of parliamentarians involved in the
invasion of
wildlife sanctuaries including the Save Conservancy.
Draft Zim constitution fails citizenship
test
BY BRONWEN MANBY | 11 OCTOBER 2012
Most existing
commentary on the citizenship provisions in the draft Constitution of Zimbabwe
released on 17 July 2012 by the Parliamentary Select Committee (COPAC) has
focused on the issue of dual citizenship, and on the status of those who may
have the right to claim the citizenship of another state – whose Zimbabwean
citizenship has been contested in recent years.
While these are
important issues, this commentary by the Open Society
Foundations - which is based on an analysis of all the
citizenship provisions in the COPAC draft against existing law in Zimbabwe and international standards and
with reference to the amendments proposed by ZANU-PF published in late August -
argues that it is perhaps even more important that the basic framework proposed
by the COPAC draft is quite unclear in some respects and, if adopted as it
stands, is highly unlikely to resolve the controversies on this issue that have
plagued Zimbabwe for the past decade and more.
Moreover, despite
some improvements, the draft fails to respect Zimbabwe’s obligations under
international law to ensure that children born on its territory have the right
to Zimbabwean citizenship if they do not have the right to any other
citizenship.
Improvements
The draft
Constitution includes significant improvements over the existing Constitution:
it provides improved protections against statelessness and it enshrines a right
for all citizens to passports, identity documents and birth certificates (in the
case of birth certificates, this should not be restricted to citizens, however).
The new draft also confirms some of the important changes brought in by the
constitutional amendments of 2009, including the final removal of gender
discrimination and the extension of rights to obtain citizenship in some
circumstances from grandparents as well as parents.
The right to citizenship
The most
important way in which the draft COPAC Constitution is deficient is that it does
not respect Zimbabwe’s obligations under the African
Charter on the Rights and Welfare of the Child to
guarantee the right to a name and a nationality (in this context, a synonym for
citizenship) to all children. Article 6 of the Charter, which Zimbabwe ratified
in 1995, requires States Parties to include in their constitutions the principle
that “a child shall acquire the nationality of the State in the territory of
which he has been born if, at the time of the child's birth, he is not granted
nationality by any other State in accordance with its laws.” This principle,
which is also provided in the UN Convention on the Reduction of Statelessness
(to which Zimbabwe is not yet a party), and reflected in the Convention on the
Rights of the Child and the International Covenant on Civil and Political
Rights, is an important protection against statelessness, and Zimbabwe is not
taking the opportunity of this moment of constitutional revision to ensure it is
respected.
Thus, although the
draft Constitution provides that citizenship cannot be taken away from a person
if he or she thereby becomes stateless, it does not provide strong protection at
the other end of the process, by granting citizenship to a child who does not
acquire another country’s citizenship. The draft makes the welcome addition to
Zimbabwe’s existing citizenship laws that a child of unknown parents is presumed
to be citizen (Section.3.2(3)); but there are many more children whose parents
are known, but are either stateless themselves, or do not have the right to pass
citizenship to a child born outside of their own country of
citizenship.
It would be desirable
if in addition to the basic protection given to a child who would otherwise be
stateless, Zimbabwe adopted the provision common in many African (and other)
countries that a child born in the territory who is still ordinarily resident at
majority, or a child born in the country of one parent also born there, has the
right to claim citizenship. Many of those whose citizenship has been under
contestation in Zimbabwe would be protected by such provisions, which have the
additional merit of being much easier to understand than the categories of
citizenship currently provided.
Categories of citizenship
The draft
Constitution confirms the three existing categories of citizenship: by birth, by
descent and by registration. However, the current significance of the
distinctions among them is quite hard to grasp, especially when the COPAC text
provides, in the opening section on citizenship, that all citizens are “equally
entitled to the rights, privileges and benefits of citizenship”
(Section.3.1(2)).
In order to
understand these categories, some history is necessary. The distinction between
citizenship by birth and by descent derives from the system that was established
in most Commonwealth countries at the date of independence. According to this
system, those born in the country after independence became citizens based
solely on the fact of their birth in the country, irrespective of the
citizenship of their parents (unless the parents were in the country with
diplomatic status). These citizens were citizens by birth; known also by the
Latin tag as citizens by jus soli, or law of the soil. (Most African countries,
and the UK itself, from which the provision derived, have since removed the
absolute jus soli rule.) Those born outside the country of a citizen parent (or
only a citizen father, in many cases) were citizens by descent (citizens based
on jus sanguinis, law of blood). Zimbabwe inherited variations to this system
that already applied in Rhodesia following the Unilateral Declaration of
Independence in 1965. The 1979 Constitution was exceedingly complex, creating a
series of exceptions and qualifications to jus soli rights. In summary, it
limited the transmission of citizenship by birth to children born in the country
of a father who was a citizen or ordinarily resident and legally present in
Zimbabwe; while transmission of citizenship to children born outside the country
was limited to one generation, through provisions that stated that only a
citizen “otherwise than by descent” could pass on citizenship to a child also
born outside the country. Gender discrimination also applied, in that it was
the only father’s citizenship that counted for the purposes of the rights of the
child (unless born out of wedlock, in which case only the mother’s citizenship
was relevant). The provisions on award of citizenship by registration to
adults (in other countries more usually called naturalisation), based on
marriage, long residence, or other criteria, were less complex. However, in the
case of marriage, only the wife of a Zimbabwean citizen had the right to acquire
citizenship on that basis, but not the husband.
The constitutional
framework on citizenship remained the same until 1996, when gender
discrimination in the transmission of citizenship to children was removed, after
a long campaign by women’s rights activists and a Supreme Court ruling (in the
Rattigan case). However, the right to citizenship of the child of a father
ordinarily resident and legally present in Zimbabwe was not extended to a child
of a mother with that status; instead, citizenship based on birth in Zimbabwe
was restricted to children of citizens, removing any rights that came simply
from birth in the territory. Citizenship by descent was still limited to one
generation born outside the country. This framework remained in place until
2009. The 2009 amendments to the 1979 Constitution (that introduced changes
related to the establishment of the government of national unity), and now the
2012 COPAC draft, keep the terminology of citizens by birth and by descent, but
remove the restriction on transmission of citizenship to children born outside
the country.
A child born in
Zimbabwe is, under the 2009 constitutional amendment and the COPAC draft, a
citizen by birth if either parent is a citizen (of any type), or if any
grandparent is a citizen by birth or descent (that is, not if the grandparent
was only registered as a citizen) (Section 3.2(1)). A child born outside
Zimbabwe is also a citizen by birth if one of the parents is a citizen (of any
type) and “ordinarily resident” in Zimbabwe or working for the state or an
international organisation (Section 3.2(2)). These provisions expanded the law
to provide a right to citizenship deriving from grandparents -- but did not
restore the right to citizenship by birth for children born in Zimbabwe of legal
residents.
In addition, the
COPAC draft introduces a welcome new provision that a child found in Zimbabwe
“who is, or appears to be, less than fifteen years of age, and whose nationality
and parents are not known, is presumed to be a Zimbabwean citizen by birth.”
This safeguard is in line with Article 2 of the 1961 Convention on the Reduction
of Statelessness.
The 2009 and COPAC
provisions on citizenship by descent are that a child born outside Zimbabwe is a
citizen by descent if either parent or any grandparent was at the time of the
birth a citizen “by birth or descent” or if either parent was a citizen by
registration. In addition, the birth must be “registered in Zimbabwe in
accordance with the law relating to the registration of births” – a foreign
birth certificate will not be sufficient to prove the right to citizenship
(Section 3.3).
In effect, the 2009
constitutional amendments, preserved in the COPAC draft, removed the distinction
between citizens by birth and by descent in terms of transmission of
citizenship, while retaining the terminology. The impact is positive, in that
the generational restriction on transmission of citizenship for those born
outside the country is removed; but the meaning of the distinction is made very
confusing. Indeed, its only significance appears to be potentially in the
context of dual citizenship.
The COPAC draft keeps
the same terms as the 2009 constitutional amendment for citizenship by
registration, providing for a right to apply after 10 years’ residence in the
country, or marriage for at least 5 years (Section 3.4 (1)&(2)). These
provisions are longer than those in most African countries, but within the
international norms. Gender discrimination in relation to acquisition of
citizenship by a spouse was removed only in 2009, and gender neutrality is
preserved in the COPAC draft; the ZANU PF suggested amendments concede gender
neutrality but propose an increased period of marriage of ten years before
citizenship may be acquired. A child adopted by a Zimbabwean citizen is
entitled to be registered as a citizen – this should rather be an entitlement to
recognition as a citizen by birth (Section 3.4(3)). No mention is made of the
award of citizenship by registration to refugees and stateless persons, whose
access to citizenship by appropriate procedures should be facilitated,
especially in the case of stateless persons.
Dual citizenship
The distinction
between citizens by birth and by descent seems to become meaningful only in the
context of the provisions in the COPAC draft on dual citizenship, which are
themselves quite confusing. The draft is silent on the question of dual
citizenship for citizens by birth, leading to the presumption that dual
citizenship is permitted. However, the text provides that parliament may make
legislation regarding “the prohibition or permitting of dual citizenship in
respect of citizens by descent or registration”. This wording then confuses the
situation for citizens by birth, since the only reason for which legislation
would be needed, given the presumption that what is not expressly forbidden is
permitted, is the prohibition of dual citizenship. However, the intention
appears to be to enable restrictions on the ability of Zimbabweans born outside
the country to retain Zimbabwean citizenship if they acquire a new citizenship,
and/or a requirement that those registering as Zimbabwean citizens renounce
another citizenship. The ZANU-PF amendments to the COPAC draft made this
intention more explicit by referring only to prohibition of dual citizenship for
citizens by descent or registration. It is only here that the concept of
citizenship by descent has any meaning, rather than in the transmission of
citizenship itself.
SADC citizens
The COPAC draft
constitution includes an important new provision aimed at redressing some of the
injustices of the past decade committed against persons born in Zimbabwe with
one or more parent who was a citizen of one of the neighbouring countries of the
Southern African Development Community (SADC). Such a person is under the draft
recognised as a citizen by birth, if the person is “ordinarily resident in
Zimbabwe” when the constitution comes into effect. This provision should in
theory remove the ambiguity surrounding the citizenship of those of Mozambican,
Malawian, Zambian and other southern African descent. However, given that even
under the current laws the status of many of those denied confirmation of
Zimbabwean citizenship by the Registrar-General should not have been
problematic, this provision would likely face difficulties in implementation.
Moreover, there are many others whose citizenship has been denied whose parents
were not from SADC countries but from further afield. And finally, the reality
is that many people whom this provision could benefit have had to leave Zimbabwe
because their citizenship has been denied, and they will therefore not be
“ordinarily resident” on the relevant date. The ZANU PF proposed amendments
delete this provision altogether.
Revocation of citizenship
The COPAC draft for
the first time introduces provisions into the constitution on revocation of
citizenship, which was previously left to act of parliament (Section 3.5). This
is welcome, in that it restricts the reasons for which citizenship may be taken
away to fraud (in the case of those who are citizens by birth under Section
3.2(2), ie are born outside the country; or citizens by registration), or
collaboration with the enemy in time of war (for citizens by registration only).
In addition, it is specified that a child of unknown parents recognised as a
citizen by birth loses that citizenship if his or her “nationality or parentage
becomes known, and reveals that the person was a citizen of another country”.
Given that dual citizenship is permitted for citizens by birth, this seems an
entirely unnecessary restriction; and possibly very harmful for the person
concerned if the identity of the parents becomes known at a much later date.
Another positive inclusion is that the COPAC draft provides that Zimbabwean
citizenship must not be revoked if the person would be rendered stateless, which
is in line with Article 8.1 of the 1961 Convention on the Reduction of
Statelessness.
Citizenship and Immigration Board
The COPAC draft
provides for the establishment of a Citizenship and Immigration Board to be
responsible for decisions on citizenship by registration (only). This board,
like its current version, is insufficiently independent, since its three members
are appointed by the President without further oversight, and has limited
jurisdiction; while its powers are not specified by the constitution, and there
are no formal guarantees of due process in proceedings before it. A right of
appeal to the courts is not explicitly included.
Recommendations
The citizenship
provisions of the draft Constitution should be simplified and its measures
against statelessness strengthened. In particular:
1. A child born
in Zimbabwe should be a citizen by birth if either parent is a citizen of any
type, or a legal resident, or if a grandparent is a citizen other than by
registration;
2. A child born
outside Zimbabwe should also be a citizen by birth if either parent is a citizen
of any type, or if a grandparent is a citizen other than by
registration;
3. The
registration of a child born outside Zimbabwe should be possible either in
Zimbabwe or at a consulate of Zimbabwe in the relevant or closest
country;
4. A child of
unknown parents under the age of 15 found in Zimbabwe should be a citizen by
birth, and should not lose citizenship if the identity of the parents
subsequently becomes known;
5. A child born
in Zimbabwe who is otherwise stateless should be a citizen by
birth;
6. A child born
in Zimbabwe who is still resident there at majority, or of one parent also born
there, should have the right to acquire citizenship;
7. A child
adopted by a Zimbabwean citizen should be entitled to recognition as a citizen
by birth;
8. The award of
citizenship by registration should be facilitated for spouses of citizens
(including by a shorter residence period than for other applicants) as well as
for refugees and stateless persons;
9. Birth
registration should be the right of all children born in Zimbabwe, not only
children who are citizens;
10. All citizens
should be “equally entitled to the rights, privileges and benefits of
citizenship” in relation to dual citizenship as much as the rights to transmit
citizenship to their children and spouses;
11. Measures to
restore citizenship to those whose rights have been in doubt should be expanded
beyond SADC citizens and those who are ordinarily resident in
Zimbabwe;
12. Due process
protections should be strengthened in relation to the composition, jurisdiction,
powers and procedures of the Citizenship and Immigration Board, and the right to
appeal to the courts.
It would be important
to bring the Citizenship Act into line with the new text (the current
Citizenship Act does not conform with the 2009 amendments to the 1979
Constitution).
SUPPORTING LINKS:
Constitutional Select Committee of Zimbabwe Parliament
(COPAC)
Zimbabwe Lawyers for Human Rights analysis of the draft
Constitution
Would Zanu-PF accept
Tsvangirai as president?
Prime Minister Morgan
Tsvangirai of the MDC has spent four years in government with Patrick Chinamasa
(R) of Zanu-PF
Zimbabwe's Justice Minister and Zanu-PF negotiator Patrick
Chinamasa is a tall, urbane lawyer with a fantastically messy desk and a
self-deprecating cartoon on his wall about greedy
lawyers.
As Zimbabwe inches
towards a new constitution and a crucial new election designed to end four years
of power-sharing between Zanu-PF and the former opposition Movement for
Democratic Change (MDC), Mr Chinamasa is at the heart of the
negotiations.
When it comes to the
tussles over constitutional drafts, stakeholder conferences and the finer points
of organising elections, Mr Chinamasa offers an encouraging narrative of
progress made, of gentlemanly disagreements overcome or put to one side and of
law and decorum observed.
It is an enticing
picture of a country that has, undeniably and against steep odds, made
impressive progress in some respects over the past four years.
The economy has been
saved from collapse, schools are functioning, and - for all their public
disagreements and the heavy-handed efforts of the security forces - Zimbabwe's
political leaders are still talking.
But the picture is
incomplete.
Towards the end of our
interview in Mr Chinamasa's office, I raised the seemingly innocuous issue of
the theoretical possibility that the MDC's Morgan Tsvangirai, whose party won
the 2008 parliamentary election, might win the presidency.
“Start
Quote
If those countries
impose for him [Tsvangirai] to win, that result will not be acceptable. We will
not accept it. We will just not accept it. Isn't that
clear?”
Patrick ChinamasaJustice minister
Senior Zimbabwean
military officials have publicly stated that they would not accept Mr Tsvangirai
- currently prime minister in the power-sharing government - as head of state,
and it seemed appropriate to ask Mr Chinamasa whether that was Zanu-PF's
official position or whether he would like to state, for the record, that the
will of the people would be respected, whatever the
outcome.
'Asking for
trouble'
Mr Chinamasa's answer,
which I have transcribed below, is highly revealing.
"He [Tsvangirai] cannot
win. He has been campaigning and mobilising against the interests of Zimbabweans
on many issues, whether talking about land, seeking to reverse the gains of the
liberation struggle.
"And this is where the
military comes in…. Young people participated in the liberation struggle to gain
control over our resources.
"Many friends died and
are buried in unmarked graves.
Zimbabwe's military do
not want to see Morgan Tsvangirai as head of state
"Now if anyone is going
to say: 'When I come into power I'm going to reverse that,' they [the military]
have every right to say: 'Please - you are asking for trouble. You will be
asking for trouble.'
"He [Tsvangirai] will
be asking for trouble to seek to reverse the land reform
programme.
"There is no-one who is
going to accept any enslavement."
I asked the minister
what he meant by "trouble" and if he was suggesting that he would not accept a
Tsvangirai presidency under any circumstances.
Initially he said: "You
could put any interpretation on it that you want."
But when I asked him
for his own interpretation he said: "I know he [Tsvangirai] is the front of
(sic) the countries that impose sanctions.
"And if those countries
impose for him to win, that result will not be acceptable.
"We will not accept it.
We will just not accept it. Isn't that clear?"
So there you have
it.
If Mr Tsvangirai wins -
and I am not suggesting that is either likely or certain - and if Zanu-PF claims
he has done so because of foreign support, then Zanu-PF's justice minister will
not accept the result.
Is that a fair
interpretation, and what does it say about the prospects for a democratic
election in Zimbabwe next year?
UN Day of the Girl Child – 11 October
2012
October 11th, 2012
On this day it is a time to
focus on the heartbreaking circumstances facing the girl child in Zimbabwe, but
also to celebrate the courage and tenacity of the women of
tomorrow.
Sokwanele stands behind
the first International Day of the Girl
Child, a day to celebrate the future of girls around the
world – let this day shine as a beacon of hope to the girl children of
Zimbabwe.
Our girl children face multiple challenges in Zimbabe
and the United Nations report ‘Country Analysis Report for
Zimbabwe’ clearly
indicates that gender policy and legislation is sadly lagging.
“Despite the many instruments, policies and laws in
place, implementation has been slow due to inconsistencies between statutory and
customary law, lack of resources, and resistant attitudes and perceptions based
on patriarchal and religious beliefs.”
“Women in Zimbabwe have inadequate information on their
rights and the mechanisms that have been established for their protection. They
face negative attitudes and perceptions from society, particularly against those
who choose to assert themselves. Their participation in key economic sectors is
further limited by inadequate access to financial resources and this has the
effect of perpetuating their dependence on men. In many cases, women also have
inadequate access to affordable healthcare and legal aid.
Different duty bearers lack the capacity to meet their
obligation to protect and fulfil women’s rights due to the following
challenges:
- The absence of
legislative provisions for affirmative action in key areassuch as politics and
employment;
- Non-resourcing of
institutions mandated to provide and enforce genderequality and protection
measures such as the Anti-Domestic Violence Council, the Police Victim-Friendly
Units and the courts;
- Inadequate
coordination among various actors resulting in a fragmentedapproach to gender
equality;
- A lack of technical
guidelines for sectors to mainstream gender;
- The absence of a
national system for monitoring and evaluating the effectiveness of strategies
and progress made, and
- Insufficient donor
support to national systems and
programmes.”
The Research and Advocacy Unit (RAU) report,
“Married too Soon: Child Marriage in
Zimbabwe” states in its
introduction,
Child marriage is common in Zimbabwe, and 21% of
children (mostly girls) are married before the age of 18. According to the Girl
Child Network (GCN), a civic organisation whose mission is to shelter, educate,
and empower female victims, an estimated 8 000 girls have been forced into early
marriages or were held as sex slaves since 2008. Chief Chiduku, a senator for
Manicaland province in Zimbabwe and a member of the African Apostolic Church was
quoted as having said there was nothing wrong with marrying off underage girls
in a Parliamentary Portfolio Committee meeting. Statements like these from a
chief do not come as a surprise because chiefs are the gatekeepers and
custodians of custom and tradition. The question that arises is whether the
‘tradition’ of early marriages is something that society should perpetuate in
view of the negative effects of the practice on the girl child as well as human
rights standards that prohibit marriage under the age of 18 . Should not
tradition evolve and do away with aspects that are harmful to children and the
girl child in particular?
Without education the plight of the girl child in
Zimbabwe is destined to deteriorate even further:
THE number of girls reportedly dropping out from school
after the completion of their primary education has reached alarming levels and
there is need for the Government to develop mechanisms that will effectively
curb this trend, a Cabinet Minister has said.
Education, Sport, Arts and Culture Minister, Senator
David Coltart, said over 50 percent of young girls meant to go to secondary
education were being forced to drop out because of various reasons; chief among
these being the unavailability of funds and societal preference to educate the
boy child (source).
But it is thanks to organisations like Camfed that our girl children are
being supported.
Young Zimbabwean girls are set to receive a better
education thanks to the Campaign for Female Education (Camfed) programme that
was launched by MDC Senator David Coltart in Guruve last week. A British agency,
the UK Department for International Development, has unveiled a US$19 million
bursary fund to support the project for 24,000 disadvantaged secondary
schoolgirls throughout Zimbabwe. (source)
Yes, Zimbabwe’s girl children are all too often
victims, their voices silenced by a blighted political and economic landscape,
young lives threatened by HIV and Aids, living as orphans, victims of sexual
abuse, hunger and poverty. The film “Zimbabwe’s Forgotten Children” is a sad reminder to all
of us of the harsh reality that faces the young of our nation.
But then watch the film “Tapestries of
Hope” a shocking expose on rape but
also a “breathtaking portrait of hope in the face of overwhelming
odds.”
Read the stories of girl heroes, stories like the one
told by Rachel who despite falling pregnant at 14, went on to finish her
education. Gracsious Ncube who grew up in rural
Zimbabwe with little chance of an education is now studying for a master’s
degree at university.
Today on the International Day of the Girl Child,
celebrate the talent of Zimbabwe’s women and find inspiration from Chiwoniso’s song
“Rebel
Woman”.
“The song is about the physical conditions of fighting,
and the price people pay,” she explains, but it is also a tribute to strong
women who suffer because they do not follow the restrictions society tries to
place on them. “The truth is that when you’re a strong woman you might lose our
husband, your home, because the way the systems are structured you’re not
allowed to be strong as women, unless you follow the rules. This is a song about
changing those rules.”
This entry was posted by Sokwanele
on Thursday, October 11th, 2012 at 7:00 am.