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From The Star (SA), 27 October 

'Zim to drop reconciliation and arrest Smith'

Harare - The Zimbabwean government is treating "very seriously" the threats this week by President Robert Mugabe to arrest the former Rhodesian prime minister, Ian Smith, and other whites allegedly involved in "war crimes", reports said on Friday. Authorities were looking at how to revoke amnesties passed at independence in 1980 that pardoned combatants for human-rights violations during the seven-year war between the white minority Rhodesian regime and the black nationalist guerrilla armies trying to overthrow it, the state-controlled daily Herald said. It quoted only unnamed "well-placed government sources", but observers said this could be seen as shorthand for a senior official in Mugabe's information department.

Authorities had been told to find "all records regarding the war crimes perpetrated by the Rhodesian government", the report said. "Some of the people involved (in committing war crimes) are on the bench and the legal fraternity," the official was quoted as saying. "This matter is being viewed very seriously," he said. "The instrument that was used to declare the amnesty is being reviewed in order to identify an appropriate legal process to revoke it." Lawyers said that major legal hurdles face any attempt to revoke the amnesty, as it applied equally to the Rhodesian forces and guerrilla forces, both of whom were accused of severe violations. "You can't do it piecemeal," said David Coltart, the justice spokesperson for the opposition MDC. "You have to do it for all parties." Mugabe's outburst followed the first moves by the MDC in the Zimbabwe parliament to impeach him for acts of "wilful violation" of the constitution. They include "condoning and encouraging" violence by his supporters against opposition parties in the run-up to parliamentary elections in June, and the lawless invasions of white-owned farms. Smith, during a speech to the Oxford University Union this  week, condemned Mugabe as a "gangster" who "massacred people and fleeced the African nation". 

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From The Daily Telegraph (UK), 28 October 

Man of flint sharpened by politics of Africa 

The former Rhodesian premier Ian Smith shrugs off President Mugabe's threat to try him for genocide, reports W IF Deeds

THERE were one or two attending the Oxford Union debate young enough and naive enough to ask Ian Smith if he really was going back to Zimbabwe. They had read about President Mugabe's latest threat to arrest him and put him on trial for genocide. Smithy was gentle with them, reserving his scornful rejection of Mugabe and all his works for members of the press and those lined up against him in the debate. We hadn't met in this country since the Lancaster House conference of 1980. "I'm younger than you but I look older," he said accusingly. "You've had a lot more to put up with," I replied truthfully. He has now the gait of an old man, but nothing else has changed. In the days when he was the prime minister of Rhodesia and we occasionally met in his Salisbury office he made me think of an angular piece of flint. He still does. This time round, though, during a quiet talk we had when all the proceedings were over, an altogether different thought occurred to me. Ian Smith draws much of this flintiness and resolution from deep love of his country. He'd never leave it. Like the psalmist, he draws strength from the hills. Yes, he agrees with what President Thabo Mbeki of South Africa has just said. "The final crash in Zimbabwe is quite close. But if they get rid of Mugabe, there's a future, because it's such a wonderful country." He is confident that the world shares his view. "If Mugabe goes, the world will rally round." 

Smith has been at the forefront of African politics, he began by reminding the Oxford Union, for 55 years, and he remembers, or has his own version of, every political move in the game through all those years. Much of his speech to the Union was no more than a grey recital of facts - his version of the facts. He left the fire to Margaret Dingo, the Independent Zimbabwean MP and co-founder of the National Liberation Veterans' Association, who spoke last on Smith's side of the House. Once or twice, George Galloway, the Labour MP, who was speaking last against the motion, winced at her invective. I watched faces in the audience as she spoke, marching up and down the space between the Union's front benches and making the rest of us, debating that African leaders put power before people, look like amateurs. Some faces were faintly incredulous. What was this talented African woman doing on Ian Smith's side? They were not the only ones to think that Smith's Rhodesia must have resembled Verwoed's South Africa. In fairness, it didn't. Smith has always had friends among black Africans. Mugabe's new threats against him, we agree, will add to his black friends. Even his relations with Mugabe are different from our perception of them. Mugabe is reasonable, Smith explains to me, as long as he's not in danger. The trouble comes when he feels he's on a slippery slope. Smith refers to Mugabe not offensively, but as if he knew for sure that Mugabe had gone off his head. "If they don't get rid of him, then we're for it. His own people have told him this." Privately, Smith is convinced that Mugabe will go. 

We turn to the immediate threat. "Do you think he's serious?" I ask. "No, he's in a state of panic. I'm going back to Harare. I don't think I am going to be arrested. But if that is what he wants, let him get on with it. I've a clear conscience. What is there to worry about?" This clear conscience was called sharply into question during the debate. They accused him of genocide. "We killed people," replied Smith coolly. "We killed people who were killing their own black people. They killed 50,000 Matabele [a reference to the slaughter of the Ndebele by government troops in the early Eighties when according to the most conservative estimates at least 10,000 were killed]. "We were fighting a war," he reminded his audience, "a war in which they were killing innocent people." He rejects angrily that his own regime was repressive. Those of us who remember Rhodesia under political siege from the world know that he has a point there. He could never have held out so long nor made Rhodesia as productive as it was - before war overtook him - if his relations with black Africa had been as bad as this generation attending the Oxford debate was led to believe. 

There are squatters on his farm, but they remain in one spot. "They can stay as long as they don't interfere. At one point, they told my people to move the cattle. I called the minister of home affairs . . ." It was not a problem. "But life like that is ageing," I suggested. Smith shrugged. It was one in the morning and he had been going non-stop through an Oxford evening for seven hours.

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From the BBC, 28 October 

Regional concern over Zimbabwe crisis 

Botswana has joined neighbouring South Africa in condemning what they say is a worsening political and economic situation in Zimbabwe. Botswana's Foreign Minister Mompati Merafhe said on Thursday his government had hoped that the political tension in Zimbabwe would subside after the closely contested June parliamentary elections. Instead the opposite had happened to the detriment of the economy, he said after meeting his South African counterpart Nkosazana Dlamini-Zuma in Pretoria. Botswana's concern follows an unprecedented condemnation by President Thabo Mbeki of President Robert Mugabe's disregard for the rule of law and Zimbabwe's economic decline. There were violent demonstrations in the capital Harare and other townships last week as hundreds of people took to the streets to protest the high cost of living in the country. "We are somewhat disappointed that the political temperature in that country continues to rise," Mr Merafhe told journalists in Pretoria. "It is common knowledge that the Zimbabwean economy is on the brink, and we are concerned." Mr Merafhe said he supported President Mbeki's stance that Zimbabwe's neighbours should try to help the country out of its crisis. President Mbeki on Wednesday condemned the violence in neighbouring Zimbabwe, saying the occupation of white-owned farms was wrong. Mr Mbeki spoke as President Mugabe threatened to put on trial former white minority leader Ian Smith and other whites for war atrocities committed against blacks during Zimbabwe's liberation struggle. Mr Mbeki criticised the government's plan to seize thousands of white-owned farms for redistribution to landless blacks. "This conflict is wrong. This approach, this occupation of farms, the seizure of farms, the disregard for the law, these things are wrong, these things must be addressed," he said.

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From The Zimbabwe Independent, 27 October 

Hunzvi, Mhlanga named in $45m Zexcom scam 

INVESTORS funds worth $45 million have disappeared from the war veterans’ Zexcom company and the taskforce overseeing the operations of the investment vehicle blames veterans association chairman Chenjerai Hunzvi and managing director Endy Mhlanga for the loss. The matter, which has already been reported to the police, surfaced in an audited report done by Kudenga & Co at the instance of the taskforce. Presenting the report at a press conference yesterday, taskforce chairman Dr Muvengwa Mukarati said the total queries highlighted by the audit amounted to $45 million out of the $67 million that was initially invested by members. The taskforce also revealed that Hunzvi and Mhlanga, who had been feuding over the control of the Zexcom funds, had entered into a truce in order to form a united front against the taskforce. In a letter dated October 6 to the taskforce’s lawyers, Mhlanga said the previous board of directors which had been removed to facilitate the audit should be brought back to run the company. This entailed the restoration of Mhlanga and Hunzvi as signatories to the Zexcom account. 

Mukarati said investors’ funds were allegedly used to buy properties in town which are registered in individuals’ names. Equity House, which houses Hunzvi’s office, is the only building known to belong to war veterans yet its official ownership is still mired in controversy. “Over half of the money was withdrawn for personal gain while the remainder was used to buy personal luxury vehicles for Hunzvi, Mhlanga, (former vice chairman) Tangai Hove and their friends. Unprofitable buildings which are not registered in the name of Zexcom were also bought,” said Mukarati. Zexcom is the holding company formed by war veterans after they received their $50 000 gratuities from the government in 1997. “Apart from subscribers’ income (amounting to $67 million) put in by shareholders at formation of the fund, the audit information does not show any other income from investments except for the period up to December 1998 when the Commercial Bank of Zimbabwe invested funds on the money market on behalf of Zexcom,” Mukarati said. “Thereafter only massive withdrawals were carried out bringing no income to the fund,” he said. The Mhlanga-led administration is alleged to have bought millions of dollars worth of equipment, which however does not correspond to what is there now. The managing director also stands accused of forming a company called Mashtech, purportedly to be a training institution, but which was later turned into a garage to service Zexcom vehicles and equipment at inflated prices.

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Contary to the article in todays Herald " Report on Civil lawsuit againts
President dismissed as Lies" here with the  text of the email received
from two of the plaintiffs who were present at the hearing

*******************************************************************

Here is the detail of what Happen on the 24th October 2000 case;

1. Case started at promptly 2 pm at second floor, court room 219, US
federal court by the Hon. Justice Victor Marrero.

2. -Present were AP TV crew and other reporters
-Case lawyer Theodore M. Cooperstein (LLM International Law)
-Interested individuals
-Elliot Pfebve and Adella Chiminya, the plaintiffs

3. Details:
- Mugabe was not represented neither did he oppose the law suit and the
judge went ahead to analyse the case in chamber. No case of immunity was
raised by the judge as the act under which Mugabe is being sued allows the
head of state from any country to be sued in a US federal court for
violation of human rights and torture against humanity. Therefore Mugabe
can not claim immunity for what ever reason under the said act.

4. -The judge issued a default judgement and referred the case to the
magistrate for damage assessment only. The case in point now is not
whether Mugabe is immune or not but how much the judge should rule as the
appropriate amount for the law suit. It is therefore the ruling was a
landmark ruling against Mugabe and this should be a celebration for all
Zimbabweans waiting for justice to be done under the now infamous Mugabe
regime.


Elliot Pfebve
Adella Chiminya

***********************************************************

The fun starts now in getting the damages for all the "class action"
plaintiffs and then tracking down the assets once the damages assessment
submitted by the magistrate have been ratified by the Judge.

----------- Good night Bob. ---------------- !!!!!!!!!!!!!!!!

from the desk of R W { Topper } Whitehead


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Zimbabwe this Week.

Wednesday was not a good day for Mugabe. A trio of widows and Elliot Phebe appeared in court in New York and filed a claim for damages against the president on the basis of the incidents in which their husbands were killed in the elections. The MDC team introduced an impeachment action against the president in Parliament and the Helen Suzman Foundation confirmed the rapid decline in the fortunes of Zanu PF in the political sphere.

It was the latter that provided the greatest shock – if he did not know it already, he will surely see the results of the latest survey and take them to heart. He is finished, kaput, finito – it’s just a matter of time. The survey was the third carried out by the Foundation since the beginning of the year and proved yet again how valuable this type of activity is. The report comes to a number of interesting conclusions – there were 1,4 million phantom voters on the voters roll in June, Zanu PF support is down to 13 per cent of the total population (MDC 47 per cent – balance don’t know). Urban Zanu PF support down to 6 per cent, rural only 17 per cent, 6 per cent in Harare and 4 per cent in Bulawayo. Only Mashonaland Central still has strong minority support for Zanu PF – 27 per cent.

Other shocks – land is only an issue with 6 per cent of the population, whites are not seen as being a problem, commercial farmers are important and should not be interfered with in any way. Dissatisfaction with government is up by 91 per cent in the area of unemployment, 84 per cent in respect to the management of the economy, and 80 per cent in respect to the cost of living. The Foundation states "these figures are so high that it is difficult to find a government anywhere else in the world which has achieved such uniformly low ratings". It goes on to say "even if the government were to achieve positive results in any area this would simply be disregarded amidst a tidal wave of discontent and hostility." The state-controlled media are revealed as having virtually no influence – despite the effective monopoly of the electronic media.

74 per cent of all Zimbabweans want Mugabe to resign and a majority wants him prosecuted.

Morgan is 3 times as popular and if he ran for the presidency today, Mugabe would only garner 13 per cent of the nations vote. This survey reveals clearly that Mugabe no longer has a popular mandate to govern. If he has any sense he will heed the MDC call for fresh presidential elections to be held. We do not mind if he runs or gets the Zanu PF party to appoint a new candidate, at least then any new president would have a popular mandate and the authority to start tackling the problems of the country. It also, like the survey in January/February, shows that the issues on which Zanu PF is campaigning on are not priorities for the average Zimbabwean. Their concerns remain the economy and the problems associated with its decline.

In New York a Judge decided that Mugabe did not enjoy immunity and should be tried on the charges brought against him by 7 complainants. The case now goes to another court to determine the compensation that can be claimed. When this is decided the lawyers will go after Mr Mugabe’s assets all over the world. As they will not be paid unless they collect – you can imagine what will happen then. In Harare the MDC team lodged the case for impeachment of the president with the Speaker of the House of Parliament. He had no choice but to go along with the case on legal grounds and Mr Mugabe now faces weeks of indictment by his critics in Parliament. As we have some of the sharpest legal minds on our benches this will be a painful experience. This is also a first for Africa as a whole.

As I said, Wednesday was not a good day for the president! He reacted with a speech in which he lashed out at everyone in the MDC. He reserved special attention for David Coltart and Mike Auret – saying that they would face arrest and prosecution. He then went on to say he would abandon the policy of reconciliation and that Ian Smith would face prosecution for genocide. Smith was in the UK at the time and responded in his usual way "if Mugabe wants to make a fool of himself, he should go ahead". In fact all the players in the 18-year civil war in Zimbabwe were granted an amnesty in 1980 and this is built into the present constitution – so he cannot do what he stated he was going to do. As far as David and Mike are concerned this was the latest of many such threats made against them by the president and others. It’s tough on them and their families and if you are praying for us they deserve your special attention.

Down on the farm things are worse than ever. Government has abandoned any pretext of legality in its unprincipled land grab and farmers are being subjected to arbitrary invasions and settlement by people often forcibly removed from nearby communal areas. In one case that I came across a local worker received a message from his home to say his mother had been picked up by an army truck, hauled off to a commercial farm 100 kilometers away where she was dumped with a number of others. Bewildered she set off to walk home and the family was frantically looking for her.

Desperate farmers and their staff are starting to fight back and the level of violence is rising. In the mean time the rains are about to start and land preparation is far behind schedule. It now looks as if summer dry land cropping will be down by 50 per cent. We can ill afford such a situation and must hope that on top of this we do not have a dry season. A drought would be a disaster at this time.

In Marondera West where we face our first bi-election since June, the campaign is slowly getting under way. The government has put in a team of CIO and Zanu PF thugs, which are working the constituency over at this time. However our intelligence is that this time its different – people are less fearful and are not being intimidated so easily. Farm workers in Marondera severely beat a group of invaders on Sunday putting 14 of them into hospital. A group of others tried to intimidate an MDC team that was doing some preliminary work in the district. They were filmed making the threats and a charge was laid at the local police station. That night there was an armed attack on the home of one of our agents – using AK 47 rifles with armor piercing bullets. Morgan went in to pay a courtesy visit to the local chiefs and this was deeply appreciated. It also gave us the chance to hear first hand what the main concerns were. Our campaign proper gets under way on the 4th November and we are determined that we will allow no "no-go" areas this time.

Harare, 28th October 2000.

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From The Zimbabwe Independent, 27 October 

Tsvangirai refutes London report 

MORGAN Tsvangirai, leader of the MDC, denied this week that the MDC’s United Kingdom branch was adopting a more “militant” image to sideline white members as claimed in an interview carried in last week's Zimbabwe Independent. He said he did not know Kerai Diza who spoke to the paper’s London correspondent as “an activist and an MDC International Affairs executive”. Tsvangirai said a number of claims made by Diza were inaccurate and ran totally against the ethic of the party. “The MDC as a party was created because there was a desperate need to re-introduce democratic principles into Zimbabwean society after enduring 20 years of despotic rule by Zanu PF,” he said. “It abhors segregation in any form and is grateful of support from all sections of society no matter what their creed, colour or gender. For someone to make statements on my behalf about an extremely successful rally organised by concerned Zimbabweans in the UK - someone who I have never even heard of - is opportunistic and extremely damaging to our fight for freedom and democracy.” 

White Zimbabwean residents in the UK are also furious about being referred to as “Sloane Rhodies”. “How dare some man from Zimbabwe arrive on British soil and refer to us as that. He has no idea of how committed white Zimbabweans are to change back home, how they have spent months working voluntarily - both lobbying civic groups and government, as well as fund-raising,” said an irate Zimbabwean woman who has spent the past six months in London working voluntarily for the opposition. As a result of the article, the party has lost substantial funding from the UK which was in the pipeline but has now been withdrawn, party officials said. Another concerned Zimbabwean in the UK, who has been fundraising for the MDC on a voluntary basis for the past six months, confirmed that at least six different sources of funds had dried up. “It is dreadful the way so many opportunists are jumping on the opposition bandwagon just because they know there will be change back home. How can the international community have faith in any opposition African party when individuals take it upon themselves to use the media to promote their own agenda and feelings? “Regardless of how many blacks or whites live here, none were allowed to register to vote in June, which rendered us all superfluous anyway,” he said. “It is very silly to begin to segregate Zimbabweans living abroad. All anyone should care about is change in Zimbabwe, where the law is respected and the rights of every human being are valued.” 

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From The Zimbabwe Independent, 27 October 

Mugabe impeachment on 

SPEAKER of parliament Emmerson Mnangagwa yesterday said the MDC’s landmark impeachment of President Mugabe for alleged wilful violation of the constitution and gross misconduct will go ahead. Mnangagwa, who on Wednesday requested time to study the articles of impeachment, said the motion was endorsed by the required one-third of the 150-member House and should therefore proceed. In line with parliamentary standing orders he said a representative committee would be appointed to investigate the charges against Mugabe. After that the committee will produce a report to be tabled in the House for debate, he said. The MDC said the committee’s recommendations should be available by December 31 so that it can be debated and voted on after February 6 when parliament resumes. Legal experts yesterday warned that - apart from partisan bias in the House - there were procedural obstacles that could block progress on the case. Issues relating to the voting system to be used - whether it should be an open vote or secret ballot - and the general modus operandi need to be worked out. The constitution is silent on the procedures to be adopted in such a case. In the United States the Chief Justice of the Supreme Court presides over impeachment proceedings which are decided by secret ballot. That is unlikely to happen here, observers say. 

The unprecedented impeachment hearings could expose dark chapters in Mugabe’s record and provoke sensational disclosures, observers say. The arraignment of Mugabe comes at a time when a report by the Helen Suzman Foundation revealed that public opinion strongly supported his impeachment. The survey found 56% of those polled wanted Mugabe impeached with 51% saying he should even be charged after he resigns for crimes he allegedly committed during his term of office. Political observers have said the specific articles of impeachment against Mugabe are likely to include the torture of journalists and failure to uphold court orders on land invasions. Advocating and masterminding violence during the recent parliamentary election as well as undermining the rule of law are also likely to be key charges against him. The charges only relate to crimes allegedly committed during Mugabe’s current term of office. Those committed before 1996 were removed from the articles of impeachment because they did not apply. But it is thought examples of presidential wrongdoing dating back to the 1980s were cited as supporting evidence. The impeachment motion, tabled in parliament on Wednesday, demanded the investigation of the circumstances surrounding the killing of 35 people in the run-up to the June election, according to information the MDC has posted on the Internet. The MDC holds Mugabe responsible for the killings. “As a direct result of the president’s encouragement, condonation (and) incitement the following people were murdered by war veterans and other Zanu PF supporters between 27th March 2000 and the 28th July 2000,” the party said in the Internet document. 

The document named those killed before the election as Edwin Gomo, Robert Musoni, Doreen Marufu, Finashe Chikwenya, David Stevens, Tichaona Chiminya, Talent Mabika, Martin Olds, a Mr Banda, Peter Karidza, Lucky Kanyurira, Nicholas Chatitama, Mathew Pfebve, Alan Dunn, Laban Chirwa, John Weeks and Sgt Alex Chisasa. Others were Takundwa Chapunza, Onias Mashaya, Messiah Kufandaedza, Thadeus Runkuni, a Mr Simudananhu, Antony Oates, Finos Zhou, Patrick Nabanyama, Zeke Chigagwa, Mandishona Mutyanda, Wilhelm Botha, Samson Mbewe, a Mr Ndebele, as well as an unnamed MDC supporter and a school teacher. Said the document: “The president’s incitement of violence and death to achieve political ends and which has been acted upon by his supporters, is a very serious wilful violation of the constitution.” An MDC official said that his party was confident that, based on the examples they cite, and any further evidence an investigatory committee comes across, a fairly appointed committee would find grounds for impeachment. Regarding the incitement of violence, the document quoted Mugabe’s statements during the official opening of the Pungwe to Mutare pipeline project and interviews with the media. That included his recent interview with the BBC in which he said: “We gave them (farmers) shock treatment.” The MDC says that this provides additional evidence of responsibility. “In stating thus, the president confirmed that the violence perpetrated against commercial farmers was part of a deliberate directive emanating from himself and his government,” the party argues. It said by confirming the move to punish farmers, Mugabe not only failed to ensure the observance of the law but encouraged and indirectly participated in the denials of their protection under the law. The Internet document further stated that the instigation of violence and the killings negated freedom of association and expression as well as the right of the people to free and unhindered political choice. It said this also constituted gross misconduct. 

The systematic abuse of the prerogative of mercy was considered as the key premise for charges of gross misconduct. The MDC said Mugabe has a long history of subverting the course of justice by abusing his prerogative of mercy. “By constitutional convention, this power ought to be exercised in those cases which cry out for mercy,” said the MDC. “To use the power in placing the president’s friends and political allies beyond the reach of the law is an abuse of the power and hence an act of gross misconduct.” To substantiate its accusation, the MDC cited the April 18 1988 clemency order which it said mainly benefited members of the Fifth Brigade and security agents involved in the Matabeleland atrocities. The MDC document noted that Mugabe pardoned veteran politician Patrick Kombayi’s assailants in 1990 and Zanu PF supporters who attacked a Catholic Commission for Justice and Peace official during the same year while monitoring an election. The pardoning of former minister Frederick Shava, who was convicted of perjury at the height of the Willowgate Scandal, was cited as another presidential wrongdoing. The recent pardon of political criminals was also cited. “Clemency Order No 1 of 2000 constitutes a serious abuse of the president’s prerogative of mercy,” said the document. “During the period (January to July) covered by the amnesty thousands of politically motivated crimes were committed principally to advance the political cause of the President and his party.” The document includes detailed statistics of human rights violations, perpetrators and their political affiliations. Mugabe’s alleged toleration of corruption and the unilateral deployment of troops in the Congo were also included.

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